Applicability
These general terms and conditions of use apply to all purchases in the Blanja Shop made by private customers. Private customers in this sense are people with residence and delivery address in the EU, provided that the goods they order cannot be attributed to their commercial or self-employed professional activity.
Prices
The price or final amount shown at the time of the binding order applies. The prices shown are final prices and are exempt from sales tax due to the small business regulation in accordance with Section 6 Paragraph 1 Line 27 UStG. In addition, any shipping costs will be charged, although these will not apply above a certain value of the goods and depending on the delivery address. Further information can be found here.
There is no minimum order value at the Blanja Shop.
Return
Private customers (with residence and delivery address in the EU) who make a purchase in the Blanja Shop have the right to withdraw from the purchase within fourteen days without giving reasons. Private customers bear the direct costs of returning the goods themselves. This means that after the private customer has reported the return to Blanja Shop, they will receive a return label for the return package and after Blanja Shop has received the return, the costs of the return will be deducted from the purchase amount and the Private customers receive the difference amount returned. Further information can be found here.
Request or special orders
In the Blanja Shop it is possible to make an individual or custom-made product for each product upon request, for example in a different size, shape or other design. Further information can be found here.
Please note that all desired or special orders or individual productions are excluded from any return as the product cannot be returned to the warehouse and be resold.
Payment
The delivered goods remain the property of the Blanja Shop until full payment has been made. In our shop there are following payment methods you can choose from:
- advance payment - bank wire/transfer
- advance SEPA transfer payment via QR code delivery
- purchase by invoice (from the 2nd order on)
Further information can be found here.
Late payment
If the private customer defaults on payment, which means if the stated payment deadline is missed and the subsequent one-off payment reminder is not adhered to, Blanja Shop is entitled to charge default interest.
For transactions between Blanja Shop and private end customers, default interest of 4% will be charged. For transactions between entrepreneurs, default interest of 12.58% (base interest rate 3.38% + default interest rate 9.2%) will be charged.
* The current base interest rate can be found on the Austrian National Bank website at www.oenb.at.
If Blanja Shop has demonstrably incurred higher damages due to the delay, Blanja Shop is entitled to claim additional reminder costs, both for consumer transactions and for transactions between entrepreneurs.
Delivery
Delivery will be made to the delivery address specified by the customer, within Austria and Europe.
If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Blanja Shop's obligation to provide performance is excluded. Amounts already paid will be refunded immediately by Blanja Shop. The Blanja Shop can also refuse the service if this requires an effort that, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Amounts already paid will be refunded immediately by Blanja Shop.
Warranty rights
If a product is already defective upon delivery (warranty case), Blanja Shop will, at the customer's discretion, replace it with a defect-free one at Blanja Shop's expense. The customer is advised that there is no warranty claim if the product had the agreed quality when the risk was transferred. There is no warranty claim in particular in the following cases:
- in the event of damage caused to the customer through misuse or improper use,
- in the event of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
Blanja Shop also provides no liability for errors caused by improper repairs.
If the type of supplementary performance (replacement delivery) desired by the customer requires an effort which, taking into account 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 - in particular the value of the purchased item 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 must be taken into account - the customer's claim is limited to the other type of subsequent performance. Blanja Shop's right to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
In the case of a replacement delivery, the customer is obliged to send the product to the return address provided by Blanja Shop at Blanja Shop's expense, stating the order number. Before sending it in, the customer must remove any items he has inserted from the product. Blanja Shop is not obliged to inspect the product for the inclusion of such items. Blanja Shop is not liable for the loss of such items, unless it was readily apparent to Blanja Shop when the product was taken back that such an item had been inserted into the product (in which case Blanja Shop will inform the customer and keep the item ready for the customer to collect; the customer bears the costs incurred). Before sending in a product for replacement, the customer must also make separate backup copies of the product's system software, applications and all data on a separate storage medium and deactivate all passwords. Liability for data loss is not taken. Likewise, after the replacement product has been returned, it is the customer's responsibility to install the software and data and reactivate the passwords.
If the customer sends the goods in to receive a replacement product, the return of the defective product is based on the following conditions: If the customer was able to use the goods in a defect-free condition between delivery and return, they must reimburse the value of the use they made . The customer must pay compensation for any loss or further deterioration of the goods that is not due to the defect, as well as for the impossibility of returning the goods in the period between delivery of the goods and the return of the goods, which is not due to the defect. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation does not apply to the return of a defective product in the event of a warranty claim,
a) if the defect giving rise to withdrawal only became apparent during processing or redesign,
b) if Blanja Shop is responsible for the deterioration or loss or if the damage would also have occurred at Blanja Shop,
c) if the deterioration or loss occurred on the part of the customer, even though the customer had observed the care that he usually applies in his own affairs.
The customer's liability for damages in the event of a breach of the return obligation for which the customer is responsible is based on the statutory provisions.
The customer can, at his discretion, withdraw from the contract or reduce the purchase price if the replacement delivery does not result in the product being in a condition that complies with the contract within a reasonable period of time.
In addition, there may also be claims against the manufacturer within the scope of a guarantee granted by the manufacturer, which are based on the relevant guarantee conditions.
Implied warranties
Blanja Shop's legal warranty ends two years from delivery or upon receipt of the goods.
Liability
In the case of slight negligence, Blanja Shop is only liable for the breach of essential contractual obligations and is limited to foreseeable damage. This restriction does not apply to injury to life, body or health. Blanja Shop is not liable for any other damage caused by slight negligence due to a defect in the purchased item.
Regardless of Blanja Shop's fault, Blanja Shop's liability remains unaffected in the event of fraudulent concealment of the defect or the assumption of a guarantee.
Blanja Shop is also responsible for the impossibility of delivery that occurs accidentally during the delay, unless the damage would have occurred even if delivery had been made on time.
The personal liability of Blanja Shop's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.
Applicable Law
The contract concluded between the private customer and Blanja Shop is subject exclusively to Austrian law (§§ 864a, 879 Para. 3 ABGB and § 6 KSchG) and the applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
Place of jurisdiction
The Parties agree to Austrian domestic jurisdiction. The competent court in Sankt Pölten, Region: Lower Austria, is responsible for deciding all disputes arising from this contract.
Complaints and Dispute Resolution
We ask all customers to address any complaints directly to our email or postal address above, as we are committed to finding solutions and will definitely find a suitable solution together.
However, in accordance with the Alternative Dispute Resolution Act (AStG) and the EU Online Dispute Resolution Regulation (ODR-VO), private customers also have the option, voluntarily and not obligatorily, to report complaints on the following insitutions:
- Consumer Arbitration Austria
- EU online dispute resolution platform
Final regulations
Changes or additions to this contract must be made in writing.
Should individual provisions of this contract be or become wholly or partially ineffective or void, this will not affect the validity of the rest of the contract, provided that a contractual partner is not unreasonably disadvantaged as a result.