Terms and Conditions (GTC)
Valid from: 04/2019
1. Scope of application of the terms and conditions
1.1 These General Terms and Conditions (GTC) regulate the mutual rights and obligations between us as the seller and you as the buyer and apply to all purchase contracts for our products and goods via the online shop of www.bambam.cc . The sale and the entire (contractual) processing take place exclusively on the basis of these terms and conditions in the version valid at the time of the order.
1.2 Operator of this online shop and seller of the products and goods shown is Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg. A possible contractual relationship is concluded with this.
1.3 By submitting an order, you as the buyer expressly consent to the application of these terms and conditions to your order. Verbal agreements are not valid. All agreements, ancillary agreements or assurances must be recorded in writing or expressly confirmed in writing by Christian Nestlehner.
2. Conclusion of contract
2.1 The products and goods shown in our online shop are merely an invitation to you to send us a binding offer by submitting an order.
2.2 Only orders from customers residing or habitually residing in Austria, Germany or Switzerland will be accepted. Contract, order and business language is German without exception.
2.3 Orders can be placed by completing and submitting the online form in the online shop, as well as by email or post.
2.4 By clicking the button "order with payment" in the webshop, you declare that you are placing a binding order for the goods listed in the "shopping cart". Your order represents a binding offer to us to conclude a purchase contract with you for the goods you have ordered in accordance with these conditions. Your offer will take effect as soon as we have received your order. For a period of 14 days from the receipt of your order, you are bound to your offer. We accept no obligation to accept your offer.
2.5 After receipt of your order you will receive an automated confirmation of receipt, which does not yet constitute acceptance of your order.
2.6 The purchase contract is only concluded when we send you an order confirmation to the email address you provided. If you do not receive this order confirmation - for example because you have not given a (valid) e-mail address - the contract comes into effect when your order is executed - i.e. when the ordered goods are handed over to the carrier.
2.7 In the event that we cannot accept your offer, for example because an item is not available, we will contact you immediately and inform you of this.
3. Delivery and bearing of risk
3.1 All information about availability, delivery time or delivery in the online shop are only non-binding guide values. Under no circumstances do such information represent binding or guaranteed delivery dates. Fixed dates must be expressly agreed with us in writing.
3.2 The delivery takes place as soon as possible. If you have selected payment via PayPal ® , the delivery will be made within 30 days of the conclusion of the purchase contract in accordance with point 2.6 of these terms and conditions, otherwise (payment by cash in advance) within 14 days of the crediting of the final invoice amount (purchase price including ancillary costs stated in point 4. of these terms and conditions) on our bank account. The delivery takes place exclusively to deliverable addresses in Austria, Germany and Switzerland.
3.3 If several products and goods are ordered, the entire order is generally only sent in one shipment once all products and goods are available. Irrespective of this, partial deliveries are also permitted, unless you are visibly not interested in them or if they are visibly not reasonable for you. In the case of partial deliveries, the shipping costs are only charged once.
3.4 The delivery of the products and goods for which the purchase contract has been concluded takes place on working days during normal business hours to the delivery address you have provided. All costs incurred by us as a result of incorrect or incomplete delivery addresses are borne by you as the buyer.
3.5 In the event that we are in default of delivery and are responsible for this, you can withdraw from the contract by setting a grace period of at least 3 weeks. In this case, liability for further damage is limited in accordance with point 9.
3.6 The delivery of the products and goods for which the purchase contract has been concluded is carried out by a delivery service, which we select to the best of our discretion. By placing your order, you expressly consent to the shipment by this carrier.
3.7 The risk of accidental deterioration or accidental loss of the goods you have ordered is borne from the handover of the goods you have ordered to you or to a third party named by you who is not the carrier.
4. Prices and shipping costs
All prices are final prices in euros (EUR or €) and include the applicable statutory sales tax. The listed prices do not include the shipping costs and any other fees or costs. These additional costs will be brought to your attention in the course of the ordering process before your order is completed, so that you can cancel the ordering process if you do not agree with these additional costs. The prices valid at the time of the order are always decisive.
5. Terms of payment and retention of title
5.1 The purchase price including the additional costs is due for payment immediately after the purchase contract has been concluded.
5.2 You have the option of paying for the goods you have ordered using PayPal ® or prepayment. If you pay via PayPal ® , your account will be charged when the goods are shipped.
5.3 Regardless of which payment method you choose, deductions - for example fees that arise as a result of settlement by international banks - will not be accepted.
5.4 Our products and goods are delivered under retention of title and remain the property of Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg until full, irrevocable payment express written consent is not permitted.
6. Right of withdrawal, withdrawal period, consequences of the withdrawal and exclusion of the right of withdrawal for consumers within the meaning of § 1 Consumer Protection Act
6.1 If you have concluded the purchase contract as a consumer within the meaning of Section 1 of the Consumer Protection Act, you have the right to withdraw from the purchase contract with us within 14 (fourteen) days without giving any reason (bambam - Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg, E-Mail: email@example.com) to withdraw and to revoke it. The 14-day withdrawal period only begins on the day on which the customer or a third party named by him, who is not the carrier, comes into possession of the goods (delivery of the goods to the customer or the third party named by him, who does not the carrier is). If we make partial deliveries, the withdrawal period begins on the day on which you or a third party named by you, who is not the carrier,
6.2 In order to exercise your right of withdrawal (right of withdrawal), you (bambam - Mario Christian Nestlehner), Franz-Hinterholzer-Kai 22, 5020 Salzburg, email: firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by post) or e-mail) about your decision to withdraw from the purchase contract with us and revoke it. You can use the attached model revocation form, which is also provided by us and can be downloaded as a PDF document, at https://www.bambam.cc/ revocation right , but this is not mandatory. You can also use the model withdrawal form or another clear statement on our website ( https://www.bambam.cc/widgets)) Fill in and submit electronically. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by e-mail).
To meet the 14-day withdrawal period, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
6.3 Exclusion of the right of withdrawal
The right of withdrawal (right of withdrawal) does not exist for contracts for goods that are made according to your customer specifications; Goods that are clearly tailored to your personal needs; Goods that can spoil quickly or whose expiration date would quickly pass; Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene reasons, provided that the seal was removed after delivery; Goods which, after delivery, are inseparably mixed with other goods due to their nature; or alcoholic beverages, the price of which was agreed when the contract was concluded, but which cannot be delivered earlier than 30 days after the contract was concluded and whose current value depends on fluctuations in the market,
6.4 If you withdraw from the concluded purchase contract with us or from your contract declaration (order) according to point 6.1, we have all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from the fact that you have a other type of delivery than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation (cancellation) of this contract or of the contract declaration (order) is. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you;
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
Important: If you have expressly opted for a type of delivery other than the cheapest standard delivery offered by us, you are not entitled to reimbursement of the additional costs you incur.
6.5 You have to send back or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation (cancellation) of the purchase contract concluded with us. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
7. Transport damage
7.1 If goods with obvious damage to the packaging are delivered to you, you are obliged to report this immediately to the carrier and to inform us about it.
7.2 Your claims to the statutory warranty remain unaffected by the fulfillment of these obligations.
8.1 The contractually owed nature of the products and goods for which the purchase contract is concluded results from the descriptions that can be found on the respective product pages. Please note, however , that the color on the respective product image may differ slightly from the actual color and such minor deviations do not constitute a defect.
8.2 If the customer has concluded the purchase contract as a consumer within the meaning of Section 1 of the Consumer Protection Act , the following applies :
The general statutory warranty rules apply. Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg, as seller of the products and goods therefore guarantees you by law that the products and goods sold at the time of the transfer of risk, thus in accordance with point 3.7 of these terms and conditions at the time of delivery of the Goods to you as a buyer or to a third party named by you, who is not the carrier, are free of any defects and comply with the contract. The warranty period is 2 years from the transfer of risk.
8.3 Deviating from this, the following is exclusively agreed for business transactions with entrepreneurs:
The warranty period is limited to one year. The warranty period begins at the time of transfer of risk in accordance with point 3.7 of these terms and conditions, whereby you must check the goods for completeness, correctness and freedom from defects immediately upon receipt. Any defects must be reported to Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg, in writing immediately, at the latest within 3 days of receipt, stating the exact description and description of the alleged defects including photos (obligation to check and notify). If this obligation is not fulfilled or not met in time, there is no claim to warranty, compensation for the defect itself or contesting the contract due to an error regarding the lack of defects in the item.
After notification of the defect in writing and receipt of the notice of defect, we will check its justification. If the claimed defect is reasonably acknowledged, you will be informed and at the same time you will be informed whether the defect will be remedied by replacement or improvement at our discretion. In the event of timely notification of defects, you may only withhold payments to the extent that it is Extent or relationship to the defects that have occurred / alleged.
8.4 In any case, neither against consumers nor against entrepreneurs is there any warranty for damage that is due to wear, unauthorized changes, the influence of third parties, improper use or treatment of the article, overuse, overvoltage or chemical influences. The same applies to normal wear and tear. In these cases, any guarantee is excluded.
9. Disclaimer or limitation of liability
9.1 A contractual or non-contractual liability exists only if we or a vicarious agent has caused the damage intentionally or through gross negligence and is therefore excluded in the case of slightly negligent behavior. This limitation of liability also applies in particular to damage that represents lost profit, indirect damage or consequential damage or that is caused by a delay in delivery for which we are responsible. The liability of Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg for personal injury remains unaffected; In this case, the aforementioned limitation of liability does not apply and Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg is liable for any culpable cause.
9.2 Liability for violations of our contractual obligations, which are due to events of force majeure or other circumstances beyond our control (e.g. strikes) is excluded.
9.3 Insofar as liability is excluded or limited, this also applies to the liability of our employees and vicarious agents.
9.4 Liability towards consumers under the Product Liability Act remains unaffected by the aforementioned liability restrictions.
10. Ban on offsetting
10.1 You are not entitled to offset your own claims against our claims unless
- we are unable to pay; or
- Your claims are legally related to our claims; or
- Your claims have been legally established by a court or recognized by us.
11. Applicable law, place of jurisdiction and place of performance
11.1 These terms and conditions as well as all sales contracts concluded in accordance with these terms and conditions are subject exclusively to Austrian substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2 For all disputes arising from or in connection with these terms and conditions and the sales contracts concluded in accordance with these terms and conditions, the place of jurisdiction is exclusively the court responsible for the city of Salzburg. We reserve the right to file a lawsuit with the court responsible for your home town. For the rest, Section 14 of the Consumer Protection Act (KSchG) applies to consumers.
11.3 The place of performance for all orders is the company headquarters in A-5020 Salzburg.
12. Other provisions
12.1 Should a provision in these terms and conditions or the sales contracts concluded in accordance with these terms and conditions be or become ineffective or not feasible, the remaining provisions remain unaffected.
12.2 There are no verbal side agreements. Supplements, side agreements or changes are only effective if they have been made in writing. This also applies to the departure from the written form.
13. Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ .