General conditions of sale
Scope
These terms and conditions apply to all purchases from the Etsy Blanja Shop made by private customers.
Private customers in this sense are people with a place of residence and a delivery address in Austria, the European Union, the United Kingdom or the USA, insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity.
Prices and shipping costs
The awarded prices are final prices including sales tax. The amount that is shown at the time of the binding order applies. There are also shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered.
Payment
Payment is made directly through Etsy.com.
Delivery and performance
(1) Delivery will be made to the delivery address specified by the customer within
- Austria
- Europe (European Union)
- United Kingdom
- UNITED STATES.
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Blanja Shop's obligation to perform is excluded. Amounts already paid will be refunded immediately by Blanja Shop.
(3) Blanja Shop can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded immediately by Blanja Shop.
Defect rights
(1) A product that was already defective upon delivery (warranty case) will be replaced by Blanja Shop at the customer's option and at Blanja Shop's expense with a product that is free of defects or have it professionally repaired (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in the following cases in particular:
a) in the event of damage caused by misuse or improper use by the customer,
b) for damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Blanja Shop also provides no guarantee for an error caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which, in view of the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance - with the value in particular of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. Blanja Shop's right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
(4) Both in the case of repairs and in the case of replacement delivery, the customer is obliged to send the product to the return address specified by Blanja Shop at Blanja Shop's expense, stating the order number. Before sending in the customer has to remove objects inserted by him from the product. Blanja Shop is not obliged to inspect the product for the installation of such items. Blanja Shop is not liable for the loss of such items, unless Blanja Shop was able to recognize without further ado that such an item had been inserted into the product when the product was taken back (in this case, Blanja Shop will inform the customer and keep the item ready for the customer to pick up; the customer bears the costs incurred). In addition, before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software on the product, the applications and all data on a separate data medium and deactivate all passwords. Liability for data loss is not taken. Likewise, after the repaired product or replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and to reactivate the passwords.
(5) If the customer sends the goods in to get a replacement product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods between delivery and return in a defect-free condition, this has the value of the goods drawn from him reimburse uses. The customer must pay compensation for loss or further deterioration of the goods that was not caused by the defect and for the impossibility of handing over the goods that did not occur due to the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in a warranty case,
a) if the defect that entitles you to withdraw only became apparent during the processing or transformation,
b) if Blanja Shop is responsible for the deterioration or the loss or if the damage would also have occurred at Blanja Shop,
c) if the deterioration or loss has occurred at the customer's premises, although he has observed the care that he uses in his own affairs.
(6) The customer's obligation to pay damages in the event of a breach of the obligation to return the goods for which the customer is responsible is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(9) Blanja Shop's statutory warranty ends two years after delivery of the goods. The deadline starts once goods are received.
Liability
(1) In the case of slight negligence, Blanja Shop is only liable for the breach of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. Blanja Shop is not liable for other slightly negligent damage caused by a defect in the purchased item.
(2) Irrespective of Blanja Shop's fault, Blanja Shop's liability for fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee from the manufacturer and does not represent the assumption of a guarantee by Blanja Shop.
(3) Blanja Shop is also responsible for the accidental impossibility of delivery that occurs during their delay, unless the damage would have occurred even if the delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of Blanja Shop for damage caused by them through slight negligence is excluded.
Applicable Law
The contract concluded between you and Blanja Shop is exclusively subject to Austrian law (§§ 864a, 879 Para. 3 ABGB and § 6 KSchG) with the express exclusion of the UN sales law. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when ordering, you do not have a place of residence in Austria or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Sankt Pölten, Lower Austria.
Participation in online dispute resolution according to AStG and ODR-VO
Consumers have the option of sending complaints directly to our above email or postal address or via an online dispute resolution platform. We would like to inform you about this in accordance with the Alternative Dispute Settlement Act (AStG) and the EU Regulation on Online Dispute Settlement (ODR-VO).
Furthermore, we would like to point out that participation in an online dispute resolution platform is not mandatory, but only on a voluntary basis. However, since we are convinced that quarrels make no sense for either party and we are trying to find solutions, we offer you the following platforms for reporting:
• Consumer Arbitration
• Online dispute resolution platform according to Art. 14 ODR-VO
Final Provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.