General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of a Contract
3. Right of Revocation
4. Prices and Payment Terms
5. Terms of Delivery and Shipping
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as ‘GTC’) of the company Brandize GmbH (hereinafter referred to as ‘Seller’) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as ‘Client’) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.

1.2 These Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.4 An entrepreneur in the sense of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can accept the customer's offer within five days

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing the order.
  

If several of the above alternatives apply, the contract shall be concluded at the point in time at which one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If you choose a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ‘PayPal’), subject to the PayPal terms of use, which can be viewed at or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at . If the customer pays by means of a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the customer's offer at the point in time at which the customer clicks the button that concludes the ordering process.

2.5 If the payment method ‘Amazon Payments’ is selected, payment is processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: ‘Amazon’), subject to the Amazon Payments Europe User Agreement, which available at . If the customer selects ‘Amazon Payments’ as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller declares acceptance of the Customer's offer at the point in time at which the Customer initiates the payment process by clicking the button that concludes the order process.

2.6 When an offer is made using the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has sent his order. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.

2.7 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's enlargement function, which is used to enlarge the display on the screen. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.8 The contract is concluded exclusively in German.

2.9 Orders are usually processed and contact is usually established by email and automated order processing. The customer must ensure that the e-mail address provided by him for the order process is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The customer is informed of the payment option(s) in the seller's online shop.

4.3 If the ‘IMMEDIATELY’ payment method is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter ‘IMMEDIATELY’). In order to pay the invoice amount via ‘SOFORT’, the customer must have an online banking account that is activated for participation in ‘SOFORT’, must identify themselves accordingly during the payment process and must confirm the payment instruction to ‘SOFORT’. The payment transaction is carried out immediately by ‘SOFORT’ and the customer's bank account is debited. The customer can find more information about the ‘SOFORT’ payment method online at .

4.4 If a payment method offered via the ‘Shopify Payments’ payment service is selected, the payment will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter ‘Stripe’). The customer will be informed of the individual payment methods offered via Shopify Payments in the seller's online shop. To process payments, Stripe may use additional payment services that may be subject to special payment terms, which the customer may be notified of separately. Further information about ‘Shopify Payments’ is available online at .

4.5 If a payment method offered via the ‘mollie’ payment service is selected, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: ‘mollie’). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. For the processing of payments, mollie can use further payment services, for which special payment conditions may apply, to which the customer may be separately referred. Further information about ‘mollie’ is available on the Internet at .

4.6 If the payment method ‘purchase on account’ is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method of purchase on account only up to a certain order volume and to refuse this payment method if the stated order volume is exceeded. In this case, the Seller shall draw the Customer's attention to a corresponding payment restriction in the payment information provided by the Seller in the online shop.

4.7 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the expiry of the period for the pre-notification. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the expiry of the period for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient funds or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this.

5) Delivery and shipping terms

5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction. By way of derogation from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the initial shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the regulation set out in the seller's cancellation policy shall apply to the costs of returning the goods.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. This only applies in the event that the seller is not responsible for the non-delivery and the seller has taken due care to conclude a specific hedging transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 For logistical reasons, collection by the customer is not possible.

6) Retention of title

If the seller provides advance performance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise provided for in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.2 If the customer is acting as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery of the goods;
• for used goods, rights and claims due to defects are excluded;
• the limitation period does not start again if a replacement delivery is made under the liability for defects.

7.3 The above limitations of liability and shortened deadlines do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
  

7.4 In addition, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.

7.5 If the customer is acting as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8.1 Vouchers that are issued by the seller free of charge as part of a promotion with a specific validity period and that cannot be purchased by the customer (hereinafter ‘promotional vouchers’) can only be redeemed in the seller's online store and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if the content of the promotional voucher indicates a corresponding restriction.

8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.7 The credit balance of a promotional voucher will not be paid out in cash and does not accrue interest.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of cancellation.

8.9 The promotional voucher is transferable. The seller can provide services to the respective owner who redeems the promotional voucher in the seller's online shop with a discharging effect. This does not apply if the seller is aware or is grossly negligently unaware of the non-authorisation, legal incapacity or lack of power of representation of the respective owner.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased through the seller's online store (hereinafter ‘gift vouchers’) can only be redeemed in the seller's online store, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining credit balances on gift vouchers are redeemable up to the end of the third year following the year of the voucher purchase. Remaining credit balances shall be credited to the customer up to the expiry date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

9.7 The balance of a gift voucher will not be paid out in cash and does not bear interest.

9.8 The gift voucher is intended for use only by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

10) Applicable law

The law of the Republic of Austria shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

11) Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Republic of Austria, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is entitled in any case to appeal to the court at the customer's place of business.

12) Alternative dispute resolution

12.1 The European Commission provides a platform for online dispute resolution, which can be found at the following link:

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts in which a consumer is involved.

12.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.