General terms and conditions and consumer information

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts between Norbert Burger, Tegetthoffstraße 5/3, A-7100 Neusiedl am See - hereinafter referred to as the provider - and the customer, which are concluded via the provider's website.

(2) A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

(3) The contract language is German.

(4) With his order, the customer declares that he has reached the age of 18.

(5) These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless something different is expressly stipulated.

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§ 2 Right of withdrawal

(1) Right of withdrawal for consumers
Consumers have a 14-day right of withdrawal.

(2) Cancellation policy
You can revoke your contractual declaration within 14 days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us (Norbert Burger, Tegetthoffstraße 5/3, A-7100 Neusiedl am See) of your decision to withdraw from this contract by means of a clear statement (e.g. by postal letter or email). You can use the cancellation form attached below, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

(3) Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be returned. If the customer cannot return the service received to the provider in whole or in part or only in a deteriorated condition, he may have to pay compensation. This does not apply to the transfer of items if the deterioration of the item is solely due to its inspection - as would have been possible in a shop. Furthermore, the customer can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were property and refraining from anything that would impair its value. Dispatchable goods are returned at the risk of the provider. You bear the direct costs of returning the goods. Obligations to refund payments must be fulfilled within 14 days. The period begins for the customer when the declaration of revocation or the item is sent, and for a provider when it is received.

End of revocation

(4) Exclusion of the right of withdrawal
The right of withdrawal does not apply, among other things, to contracts for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to the personal needs of the consumer.

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Cancellation form

If you would like to cancel the contract, please fill out the form and send it to us:

At
Norbert Burger, Tegetthoffstraße 5/3, A-7100 Neusiedl am See

I/we () hereby revoke the contract concluded before me/us ().
Contract for the purchase of the following goods () / provision
the following services ()

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

Ordered on () / Received on (): ____________________________

Name of consumer(s): _____________________________

Address of the consumer(s):
______________________________________________________

______________________________________________________

______________________________________________________


______________________________________________________
Signature of the consumer(s) (only for paper notification)

Date: ______________________


() Delete what is not applicable

********************************************

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§ 3 Conclusion of the contract

(1) Information on the provider's website does not constitute a binding contractual offer, but rather a non-binding invitation to order goods and services from us.

(2) The customer can submit a binding purchase offer (order) via the online shopping cart system.

The goods intended for purchase are placed in the “shopping cart”. Using the corresponding button in the navigation bar, the customer can access the “shopping cart” and make changes there at any time. After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.

Before submitting the order, the customer has the opportunity to check all information again, change it or cancel the purchase.

By submitting the order using the “order with payment” button, the customer submits a binding offer to the provider.

The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 5 working days by confirmation in text form (e.g. email), in which the customer is confirmed that the order has been executed or the goods have been delivered (order confirmation). If the customer has not received a corresponding message within this period, he is no longer bound to his order. In this case, any services already provided will be refunded immediately.

(4) In the event of delivery obstacles or other circumstances that would prevent the fulfillment of the contract, the provider will inform the customer by email

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. The customer must therefore ensure that the email address they provide to the provider is correct, that receipt of emails is technically ensured and, in particular, that they are not prevented by SPAM filters.

(6) When ordering via our website, the contract is concluded with:
Norbert Burger, Tegetthoffstraße 5/3, A-7100 Neusiedl am See

(7) The content of concluded contracts is stored in the customer’s user account and can be viewed by the customer at any time via the “My Account” menu under “My Purchases”.

 

§ 4 Copyrights to images, graphics and other templates, release from liability

(1) All orders transferred to the provider are subject to copyright and the customer's unrestricted right of disposal of images, graphics and other templates. The customer is solely responsible for any consequences resulting from any copyright infringement. The customer releases the provider from any third-party claims.

(2) The provider excludes all liability for the erroneous delivery of image files or photos on paper, negatives or other material by email or post.

 

§ 5 Individually designed goods, subject matter of the contract and quality

(1) The customer provides the provider with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or at the latest immediately after conclusion of the contract by email. Any specifications from the provider regarding file formats must be observed.

(2) The provider does not check the transmitted data for accuracy and therefore assumes no liability for errors.

(3) The subject of the contract are the products specified in the customer's order and in the order and order confirmation at the final prices stated there.

(4) If the goods are created on the basis of the files provided by the customer, the reproduction may become inaccurate or incomplete, particularly in the case of incorrect/incomplete/inaccurate templates.

(5) The provider only checks the customer's templates or files for obvious errors that can lead to the exclusion of technical feasibility.

 

§ 6 Prices, shipping costs

(1) Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

(2) The shipping costs incurred are not included in the purchase price. They can be accessed via the “Payment and Shipping” page, are shown separately during the ordering process and are to be borne additionally by the customer unless delivery free of charge is guaranteed.

(3) If delivery to the customer fails because the customer has provided the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the customer assumes the direct costs of the new shipment. The costs correspond to the shipping costs agreed upon conclusion of the contract.

(4) The customer is only entitled to offset if the counterclaim is undisputed or legally established. The customer is only entitled to withhold due to counterclaims arising from the same contractual relationship if there is an appropriate relationship between the expected costs of supplementary performance and the payment requested from the invoice. If the customer does not meet his payment obligations or if the provider becomes aware of circumstances that seriously and objectively question the customer's creditworthiness, the provider is entitled to declare the entire remaining debt due. In these cases, the provider is also entitled to carry out outstanding deliveries only against advance payment or security.

 

§ 7 Payment and shipping conditions; Delivery and transfer of risk

(1) The conditions for payment and shipping can be found under the button of the same name in the navigation.

(2) Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. Payment is made exclusively in advance.

(3) The purchase price can be paid either - after further details are provided on the order page in the provider's online shop - via the following payment methods:

- Prepayment

- Instant bank transfer

- Credit card
– Paypal

(4) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. Delivery only takes place within Germany and Austria. Other countries on request. Delivery is carried out by the provider's logistics partner. Delivery to countries other than those listed will only take place after the written customer request has been checked accordingly (reservation of delivery).

In the case of payment by bank transfer and PayPal, the products purchased by the customer will be dispatched within 7 working days of receipt of payment, unless a shorter or longer delivery period is expressly stated in connection with the items ordered.

In the case of credit card payment, the products purchased by the customer will be dispatched within 7 working days of the conclusion of the contract, unless a shorter or longer delivery period is expressly stated in connection with the item ordered.

(5) The risk of the goods passes to the freight forwarder or customer as soon as the delivery and its contents have been handed over to the company responsible for the transport. The provider assumes no responsibility for damage that occurs during transport from the provider to the customer.

The customer will be supported by the provider to the best of his ability in the event of transport damage, provided that claims are asserted against the relevant transport company or transport insurance company. Any rights and claims of the customer, in particular their rights in the event of defects in the goods, remain unaffected by the provisions of these General Terms and Conditions; These do not include any exclusion period for rights in accordance with Section 9 of these General Terms and Conditions.

The customer will check the delivered goods upon receipt. In the event of externally visible transport damage, if the delivery is nevertheless accepted, the damage must be noted on the respective shipping documents upon acceptance of the delivery and must be acknowledged by the deliverer; the packaging must be kept by the customer.

 

§ 8 Right of retention, retention of title

(1) The customer can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain the property of the provider until the purchase price has been paid in full.

 

§ 9 Warranty

(1) The legal regulations apply to the customer's rights in the event of material and legal defects, unless otherwise specified below.

(2) The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff BGB.

(3) The basis of the provider's liability for defects is primarily the agreement made regarding the quality of the goods, taking into account Section 5 of these General Terms and Conditions. The product descriptions designated as such, which were provided to the customer before his order or were included in the contract in the same way as these General Terms and Conditions, are deemed to be an agreement on the quality of the goods. Rights based on defects are excluded with regard to damage to the purchased items caused by improper or other contractual actions by the customer or persons attributable to his sphere of influence. This applies in particular in the event that the customer has not followed the manufacturer's instructions for use and use. Furthermore, minor differences in color and surface quality of goods shown on the Internet cannot be completely ruled out. The provider's website shows images of the goods that are as close to the original as possible. Any deviations do not constitute a defect. In case of doubt, the descriptions of the deliveries and services are the subject of quality agreements and not of guarantees and assurances. In case of doubt, only express written declarations by Haus der Creationen regarding the provision of guarantees and assurances are relevant.

(4) In the event that the provider replaces delivery items or parts thereof as part of the warranty for defects, the customer must hand over the replaced items or parts to the provider and transfer them to ownership.

(5) An additional guarantee only exists for the products delivered by the provider if these were expressly provided in the order confirmation for the respective goods.

§ 10 Liability

(1) The provider is fully liable for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of a guarantee for the quality of the purchased item, in the event of damages after the Product Liability Act and in all other legally regulated cases.

(2) If essential contractual obligations are affected, the provider's liability in the event of slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper implementation of the contract possible in the first place and on whose compliance the customer can regularly rely.

(3) If minor contractual obligations are breached, liability is excluded for slightly negligent breaches of duty.

(4) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there.

§ 11 Data protection

(1) Compliance with data protection laws to protect customer data is particularly important to the provider. Personal data is therefore only collected to the extent that this is technically necessary when using our homepage.

(2) If the customer visits the provider's website without registering, only non-related data that is necessary to transfer the accessed websites to the customer's computer will be logged. This includes the data on the name and URL of the files accessed, the server port used, referrer URL, date and time of the request, browser type and browser version and the amount of data transferred as well as the message about successful retrieval. Logging the data serves exclusively internal system-related and statistical purposes. The data is neither assigned to specific people nor merged with other data sources. Under no circumstances will the data be passed on to third parties. The IP address assigned to the customer's computer is not saved.

(3) If the customer would like to register, e.g. for an order for goods, the data required to establish and process a contractual relationship must be provided. These are first and last name, address, email address, telephone number, date of birth, login name and, if selected as a payment method, bank details. In addition to these mandatory details, additional address, country, fax and mobile phone number can also be provided. The data will only be passed on to companies that help us fulfill our contractual obligations and only to the extent that it is absolutely necessary for the delivery of the shipment or for billing purposes according to the chosen payment method. Furthermore, no data will be passed on to third parties. By entering their data files and clicking the “Continue order” button, the customer agrees to the permanent storage. Consent can be revoked at any time with future effect. The customer will be informed of his consent before entering his data as follows:

“By entering my data and clicking the “Continue order” button, I consent to the permanent storage of my data. In this way, I can log in at any time in the future with my user name and password and place orders without having to enter my data separately again. This agreement can be revoked at any time."

(4) Personal data is also collected if it is provided voluntarily when filling out the contact form. To answer questions, the name and email address to which the answer should be sent are required. Additional personal data can be entered voluntarily in the remaining free text fields. All personal data entered will be sent exclusively to answer specific inquiries and will not be passed on to third parties under any circumstances. Consent to the use of the data entered can be revoked at any time in the future. Your consent will be indicated as follows before filling out the contact form:

“You can revoke your consent to the use of the data entered to answer your inquiries at any time.”

(5) The customer can request information about the personal data stored about them as well as their correction or deletion at any time. As soon as legal or contractual retention periods conflict with deletion, the data will be blocked instead of deletion.

(6) The customer can revoke a given consent as well as requests for information, correction or deletion at any time free of charge and without giving reasons in writing by post to Norbert Burger, Tegetthoffstraße 5/3, A-7100 Neusiedl am See.

(7) The provider's website uses so-called cookies. A cookie is a text file that is stored on the customer's computer. They cannot run programs or introduce viruses onto the customer's computer. The information contained in cookies makes it particularly user-friendly and makes it easier for the customer to navigate our website. They are also required to implement the shopping cart functions of the online shop. Of course, it is also possible to view our pages without cookies. To do this, the customer must select their browser settings so that cookies are rejected. When you visit our website, there may be functional restrictions. The cookies are deleted immediately after you have finished visiting our website.


§ 12 Choice of law, place of performance, place of jurisdiction

(1) Austrian law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

(2) The place of performance for all services from the existing business relationships with the provider and the place of jurisdiction is the registered office of the provider if the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Austria or the EU or the place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.