General Terms & Conditions

Status: 03/2023

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of

Johanna Grubmair
Darwingasse 3/8, A-1020 Vienna
E-mail: me@johanna-grubmair.com
Telephone: +43 680 2060829
(hereinafter referred to as the “Provider”)

apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Supplier with regard to the latter’s goods and services. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.

A consumer is any natural person who enters into a transaction that is not part of the operation of his or her business. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. Stock corporations, limited liability companies, commercial cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.

2) Conclusion of the contract
2.1 The product descriptions contained in the Provider’s online shop do not constitute binding offers on the part of the Provider but serve for the submission of a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated into the provider’s online shop. In doing so, after configuring the selected goods or services and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods or services contained in the shopping basket by clicking the button that concludes the ordering process. After receipt of his order, the customer receives a separate, automated confirmation of receipt of his electronic contractual declaration. Such confirmation does not yet constitute acceptance of the offer.

2.3 The supplier can accept the customer’s offer within three working 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 requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the third working day following the sending of the offer. If the Provider does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
If the customer selects a payment method during the online ordering process by clicking the button that concludes the ordering process and at the same time gives a payment order to his payment service provider to transfer the money directly to the provider’s account, the provider declares, in deviation from section 2.3, that he accepts the customer’s offer at the time the money arrives in the provider’s account.

2.4 When submitting an offer via the Provider’s online order form, the text of the contract shall be stored by the Provider after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail) after the Customer has sent his order.
If the customer has set up a user account in the provider’s online shop before sending his order, the order data will be archived on the provider’s website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login data.

2.5 The English language is available for the conclusion of the contract.

2.6 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the order processing is correct so that e-mails sent by the supplier can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned by the provider to process the order can be delivered.

3) Right of withdrawal
3.1 Consumers residing in the EU generally have a right of withdrawal when concluding a distance contract.

A distance contract is a contract concluded between the supplier and a consumer without the simultaneous physical presence of the supplier and the consumer, using exclusively means of distance communication (fax, internet, telephone) up to and including the conclusion of the contract.

4) Prices and terms of payment
4.1 Unless otherwise stated in the Supplier’s product description, the prices quoted are total prices which include the statutory value-added tax.

4.2 The Provider offers credit card payment and Paypal as a method of payment in the online shop.

5) Retention of title
5.1 With respect to its customers, whether consumers or entrepreneurs, the Provider retains title to the goods provided until the purchase price owed has been paid in full.

6) Terms of delivery and shipment/granting of rights of use for digital content
6.1 Our offers are open to all customers worldwide.

6.2 If there is a delay in delivery due to force majeure (e.g. pandemic, strike, bad weather, catastrophes, war, etc.), the delivery period shall be extended by the duration of the delay caused thereby. Any claims for damages resulting therefrom shall be excluded. In the case of customers who are entrepreneurs, this shall also apply if the delay in delivery occurs for other reasons attributable to the suppliers. The customer’s statutory right to withdraw from the contract by granting a reasonable period of grace shall remain unaffected in any case.

6.3 Digital content shall be made available to the customer as follows:
— by download
— by direct access via the Contractor’s website.

6.4 Unless otherwise stated in the description in the Provider’s online shop, the Provider grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided for private and commercial purposes. All copyrights, ancillary copyrights or other industrial property rights to designs, layout, graphics, photos, etc. shall remain with the Provider.

6.5 Passing on the contents to third parties or making copies for third parties outside the scope of these GTC is not permitted unless the Provider has agreed to transfer the limited granting of rights under the contract to the third party.

6.6 Insofar as the contract relates to the one-off provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. The Provider may provisionally permit the use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.

7) Warranty/liability
7.1 The provisions of the statutory warranty shall apply.
The supplier is liable for ensuring that the goods have the objectively required characteristics in addition to the contractually agreed characteristics. This does not apply if the consumer expressly and separately agrees to the deviation of a certain characteristic from the objectively required characteristics when concluding the contract, which he does by placing his order after he has been specifically informed of this deviation in the product description.
If the customer is acting as an entrepreneur, the following also applies:
– In principle, an insignificant defect does not justify any warranty claims,
– The supplier has the choice of how to remedy the defect.
– The limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
– If the customer is acting as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), he shall be subject to the commercial obligation to examine the goods and give notice of defects pursuant to § 377 UGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

Liability of the supplier is excluded for slight negligence unless a personal injury is involved. These liability regulations also apply with regard to the liability of the supplier for his vicarious agents and legal representatives.

8) Place of jurisdiction/applicable law
8.1 All legal relations between the parties shall be governed by the law of the Republic of Austria to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers domiciled or habitually resident in the EU, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. In the case of consumers with their place of residence/habitual abode outside the EU, this choice of law shall only apply insofar as the consumers are not granted a right of withdrawal and only insofar as this choice of law does not conflict with mandatory national provisions of the law of the consumer’s place of residence/habitual abode.

8.2 In the relationship with entrepreneurs, the court with subject-matter jurisdiction at the registered office of the supplier is agreed as the exclusively competent court.

9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.