Terms and Conditions

from
General

As of October 2024

  1. validity
      • The following General Terms and Conditions ("GTC") apply to all purchase contracts between Ingrid Müller (hereinafter referred to as "Entrepreneur" or "we") and a consumer or entrepreneur (hereinafter referred to as "Contractual Partner") in the version valid at the time of the order. If a distinction between us as a business and our business customers is necessary, the latter are hereinafter referred to as "B2B Contractual Partners." Provisions in these GTC for "B2B Contractual Partners" are marked as such and do not apply to consumers.
      • You can also access and save the General Terms and Conditions at any time at www.ingrids-block.at/allgemeine-geschaeftsbedingungen. The General Terms and Conditions must be accepted separately during the ordering process before the legal transaction is concluded. 
      • Any terms and conditions of the contractual partner are expressly rejected and shall only apply if they have been expressly confirmed by us in writing.
  2. Conclusion of a contract, storage of the contract text
    • The following provisions regarding the conclusion of contracts apply to orders placed via links in posts on the website www.ingrids-block.at and on the associated Instagram accounts.
    • In the event of a contract being concluded, the contract shall be concluded with Ingrid Müller. 
    • The presentation of goods in our online shop does not constitute a legally binding contractual offer, but merely invites interested buyers to place a non-binding order for goods. By ordering the desired goods, the interested buyer submits a legally binding offer to conclude a purchase contract. This offer must first be accepted by the entrepreneur in order for the contract to come into effect. 
    • The prospective buyer submits a binding contract offer by completing the order process in our online shop [or by submitting a purchase offer in writing, by email, by clicking on the order button, or by telephone]. 

Ordering via the online shop involves the following technical steps:

  1. Click on "Shop" on the home page or click on a post.
  2. Select the product or click on the embedded order button in a post.
  3. Select the product by clicking "Add to cart" or continue with the download process.
  4. Check your shopping cart or order again
  5. Pressing the "Proceed to checkout" or "Download with payment" button
  6. Entering addresses and payment information
  7. Re-checking or correcting the respective data entered
  8. Binding submission of the order by clicking on the "Place order" button 
    • Before submitting a binding order, the contractual partner can view the data entered and correct any input errors at any time by clicking the "Back" and "Next" buttons. Closing the Internet browser will cancel the order process.
    • We will immediately confirm receipt of the order by means of an automatically generated email ("confirmation of receipt"). 
    • The order confirmation contains the order details/contract text and our terms and conditions. For security reasons, this contract text is no longer accessible via the Internet, but is stored electronically by us. 
    • The contract is concluded upon transmission of an order confirmation, but no later than upon dispatch of the ordered goods or provision of the service. 
    • If for any reason we are unable to fulfill your order, you will be notified by email.
  1. Prices, shipping costs, payment
    • The prices quoted are in EUR and include statutory sales tax and other price components. Any shipping costs, customs duties, or other import charges shall be added. Shipping costs shall always be borne by the contractual partner. Shipping costs can be viewed via a corresponding button in our online shop or in the respective offer and are shown separately.
    • The contractual partner has the option of paying via Apple Pay or credit card. The amount stated on the invoice is due immediately. Discount deductions require a separate agreement. 
    • Regardless of the payment method, the contractual partner is obliged to pay the invoice amount stated on the invoice within 14 days of receipt of the invoice at the latest, unless the invoice specifies a different payment term. Payments by the contractual partner shall only be deemed to have been made when they are credited to our business account. This shall not apply if the contractual partner is a consumer.

4. Delivery

    • The delivery of the ordered goods is usually carried out by mail. 
    • Delivery shall be made on the agreed delivery date or within the agreed performance period; otherwise, within 30 days to the consumer. The delivery period shall commence on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday, or public holiday at the place of delivery, the period shall end on the next working day.
    • Delivery may be delayed for goods that have to be manufactured separately. The contractual partner will be informed of the planned delivery date. The delivery period may be extended in the event of unforeseen circumstances or circumstances beyond the control of the parties, such as force majeure, transport delays, strikes, official measures, etc. The delivery period shall also be extended if the contractual partner fails to fulfill its obligations necessary for execution in a timely manner.
    • Unless otherwise agreed, the contractor is entitled to make partial deliveries.
    • The risk of accidental loss and accidental deterioration of the goods shall pass to the contractual partner upon delivery to the person entrusted with the shipment by us in the case of sale by delivery. If shipment is delayed despite readiness for shipment for reasons for which the buyer is responsible, the transfer of risk shall take place upon notification of readiness for shipment. If the contractual partner is a consumer, the transfer of risk shall only take place upon handover of the goods to him or to a third party designated by him who is not the carrier. 
    • If a package is obviously damaged upon delivery, the contractual partner must insist that this circumstance be recorded in writing by the delivery agent. The contractual partner must notify us of any damage to a product in writing (by mail or email) within 3 days. If a consumer misses this deadline, this has no legal effect on the warranty.

5. Retention of title

We retain ownership of the goods until the purchase price has been paid in full. 

6. Consumer's right of withdrawal

If the contractual partner is a consumer, they have a right of withdrawal.

Cancellation policy

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract (digital items) or from the date on which you or a third party designated by you, who is not the carrier, took possession of the last item. This applies unless otherwise stated in the product description.

To exercise your right of withdrawal, you must inform us, Ingrid Müller, Bahnhofstr. 6/3, 4942 Gurten, ingridm@posteo.de, 0043/664 39 45 921, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, telephone, or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. You can also fill out and submit the sample withdrawal form or another clear statement electronically on our website www.ingrids-block.at. If you make use of this option, we will immediately send you (e.g., by email) a confirmation of receipt of such a withdrawal.

To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period. You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

Consequences of revocation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. 

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

End of the cancellation policy

cancellation form

Sample withdrawal form

(If you wish to cancel the contract, please either fill out this form and send it to the email address provided or use the contact form at ingrids-block.at)

To:

Ingrid Müller, Bahnhofstr. 6/3, 4942 Gurten. Email: ingridm@posteo.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

________________________________________

Ordered on (*)/received on (*)

__________________

Name of the consumer(s)

__________________________________________

Address of the consumer(s)

________________________________________

Signature of the consumer(s) (only for paper notifications)

__________________

date

__________________

Exceptions to the right of withdrawal

There is no right of withdrawal in the case of 

  • paid services, the performance of which the entrepreneur has already commenced and completed on the basis of the consumer's prior express consent, and the consumer has also confirmed before the start of the service provision that he is aware that he will lose his right of withdrawal upon complete fulfillment of the contract.
  • Goods that are manufactured according to customer specifications or clearly tailored to personal needs
  • Digital products such as e-books
  • Goods that, due to their nature, have been inseparably mixed with other goods after delivery
  • Audio or video recordings or computer software delivered in sealed packaging, provided that the seal has been broken after delivery.
  • Newspapers, magazines, or illustrated magazines, with the exception of subscription contracts for the delivery of such publications,
  • the delivery of digital content not stored on a physical data carrier, if the entrepreneur has begun to fulfill the contract, the consumer is obligated to pay, and
  • a. the consumer has expressly agreed to the commencement of the performance of the contract before the expiry of the withdrawal period,
  • b. the consumer has confirmed their acknowledgment of the loss of the right of withdrawal in the event of premature commencement of contract performance, and
  • c. the entrepreneur has provided the consumer with a copy or confirmation in accordance with Section 5 (2) or Section 7 (3) FAGG.

7. Warranty

    • Mandatory statutory warranty provisions apply to consumers; in particular, the warranty period for movable goods is two years and for used goods one year. For B2B contractual partners, the warranty period is six months.
    • Minor changes or other changes to our service or delivery obligations that are reasonable for the contractual partner shall be deemed to have been approved in advance. Changes to the agreed services or objective requirements are reasonable for the contractual partner and do not constitute a defect if the changes are minor and objectively justified. In particular, changes due to materials (e.g., in dimensions, colors, etc.) are considered objectively justified and reasonable.
    • If the contractual partner wishes to conclude the contract as a consumer for a specific purpose, this purpose must be communicated to us at the latest upon conclusion of the contract. In order for a contractually guaranteed characteristic within the meaning of § 5 (2) VGG to arise, we must agree to this request. An automatically generated message, such as an order confirmation or confirmation of receipt, does not constitute consent. Even automated activation of digital services does not constitute consent to the intended purpose on our part. The contract is concluded as described in point 2.
    • The photographs contained in a product description are for illustrative purposes only. Due to the uniqueness of the products and the materials used, there may be slight differences in color or size between the actual product and its image on the Internet, but this does not entitle the contractual partner to make a complaint.
    • There is no defect if faults occur in the goods due to improper or unintended use. In particular, the manufacturer's instructions must be observed for proper and intended use. 
    • With regard to B2B contractual partners, the presumption of defectiveness pursuant to Section 924 of the Austrian Civil Code (ABGB) (statutory reversal of the burden of proof), as well as the right of recourse pursuant to Section 933b ABGB and the obligation to update digital products pursuant to Section 7 VGG, are excluded.

8. Compensation for damages

    • The limitations of liability mentioned in this Section 8 apply only to B2B contractual partners and do not apply to personal injury or consumers.
    • If we are liable for damages to B2B contractual partners, we shall only be liable for intent and gross negligence. In the event of a breach of essential contractual obligations (cardinal obligations), the entrepreneur shall also be liable for slight negligence. Essential contractual obligations are those obligations that enable the fulfillment and proper execution of the contract in the first place and on whose compliance a contractual partner may regularly rely (e.g., delivery of contractually owed goods or services).    
    • Our liability for indirect damages, consequential damages, or lost profits vis-à-vis B2B contractual partners is excluded, unless these damages were caused by intentional or grossly negligent conduct.
    • In the case of B2B contractual partners, our liability is limited to the amount of the specific contractual fee. 
    • We accept no liability for the topicality, accuracy, completeness, or content of the information provided.
    • We accept no liability for delayed delivery resulting from circumstances beyond our control (e.g. delayed production by the designer in the case of one-off items, strikes, or force majeure in the form of weather events). 
    • We are not liable for allergies or intolerances of the contractual partner to any component of the raw materials used in our products. An allergy or intolerance of the contractual partner does not entitle them to make a complaint.   
    • Our B2B contractual partner may no longer assert claims for damages after six months have elapsed since becoming aware of or having the opportunity to become aware of the damage.

9. Offsetting, retention

    • The right to offset claims against us is excluded. However, if the contractual partner is a consumer, they are entitled to offset their liabilities in the event of our insolvency or for counterclaims that are legally related to the consumer's liability and have been established by a court of law or acknowledged by us.
    • The B2B contractual partner shall not be entitled to a right of retention. 

10. Reduction by more than half

The right to contest a contract on the grounds of reduction by more than half pursuant to Section 934 of the Austrian Civil Code (ABGB) (laesio enormis) is excluded for B2B contractual partners. 

11. Applicable law, place of jurisdiction, place of performance, written form

    • Austrian law applies exclusively, excluding conflict of law rules and the provisions of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies with the exception of the mandatory provisions of the law of the consumer's habitual residence. 
    • The exclusive place of jurisdiction for disputes arising from or in connection with the contract or these General Terms and Conditions between the contractual partner and us is the competent court at the registered office of Ingrid Müller. This does not apply to the places of jurisdiction for consumers that are mandatory under law.
    • The place of performance is the registered office of Ingrid Müller.
    • Amendments and additions to this contract must be made in writing. This also applies to subsidiary agreements and subsequent amendments to the contract, as well as to any waiver of the written form requirement.

12. Contract language

The contract language is German, unless another language has been expressly agreed in writing or is required by law.

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