Terms & Conditions
**TERMS OF SERVICE FOR PURCHASES IN THE BLOOM Design- und Direktvertrieb e.U. ONLINE SHOP**
**§ 1 GENERAL, SCOPE OF APPLICATION OF THE GTC**
1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as "GTC") in the version valid at the time of the order.
1.2 The contracting party is BLOOM Design- und Direktvertrieb e.U. (hereinafter "seller").
1.3 Customers within the meaning of these terms and conditions may be both consumers and entrepreneurs (hereinafter "Customer"). Consumers within the meaning of the Terms and Conditions are natural persons who conclude contracts for a purpose that can predominantly be attributed neither to their commercial nor to their professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the Seller, are acting in the exercise of their commercial or independent professional activity.
**§ 2 CONCLUSION OF CONTRACT, FORMATION OF THE CONTRACT**
2.1 Our offer is binding. With your order, you accept our offer to conclude a contract. The contract is concluded when you send your order to us. You will receive an order confirmation by e-mail.
2.2 Once you have found the desired product, you can take a closer look at it without obligation by clicking on the product. By clicking the button [Add to shopping cart], you can place the item in the shopping cart. You can view the contents of the shopping basket without obligation at any time. You can change the products and/or remove them from the shopping basket. If you want to buy the products in the shopping basket, click on the [Checkout] button on the "Shopping Basket" page.
2.3 The contract can be concluded in both German and English languages exclusively.
**§ 3 STORAGE OF THE CONTRACT TEXT**
We store your order, the order data entered, and the entire text of the contract. We will send you an order receipt and order confirmation with all order data by e-mail. You also have the option of printing out the order confirmation.
**§ 4 RIGHT OF WITHDRAWAL FOR CONSUMERS**
The following right of withdrawal only applies to consumers in distance selling:
- **Right of withdrawal**
**Right of withdrawal**
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of cancellation, you must inform us BLOOM Design- und Direktvertrieb e.U. via Email (office@themebloom.com) of your decision to cancel this contract. You can use the enclosed model cancellation form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
**Consequences of the revocation**
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen 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 received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment 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 without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that are not necessary for checking the condition, properties, and functioning of the goods.
- **Exclusion from the right of withdrawal**
Unless otherwise agreed by the parties, the right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
**§ 5 SAMPLE REVOCATION FORM**
(If you want to cancel the contract, please fill in this form and send it back).
To
BLOOM Design- und Direktvertrieb e.U.
Brucknerstrasse 6/5
1040 Vienna
Austria
Tel.: +436602875616
E-Mail: office@themebloom.com
I/we (*) hereby revoke the contract of purchase concluded by me/us (*) 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 in the case
of communication on paper)
Date
(*) Delete as appropriate.
**§ 6 PRICES AND SHIPPING COSTS**
All prices are inclusive of statutory VAT plus shipping costs. Bei Bestellungen im Online-Shop sind die Versandkosten vom Kunden gesondert zu tragen. Diese sind abhängig vom Lieferort und werden vom System automatisch berechnet und angezeigt.
**§ 7 TERMS OF DELIVERY**
7.2 Shipping
Unless a different delivery period is stated in the respective offer, the goods will be delivered within 3 - 15 days after the conclusion of the contract in the case of deliveries abroad. We deliver with a provider of our choice.
If you have ordered items with different delivery times, we will send the goods in one shipment, unless we have made different arrangements with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.
**§ 8 TERMS OF PAYMENT**
When choosing a payment method offered via the payment service "Shopify Payments," payment will be processed via the payment service provider Shopify International Limited. The individual payment methods offered via Shopify are communicated to the Client in the Seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the Client is separately referred. Further information on "Shopify Payments" can be found at [https://www.shopify.com/payments](https://www.shopify.com/payments).
**§ 9 WARRANTY**
9.1 If you are a consumer, the warranty is governed by the statutory provisions.
9.2 If you place your order with us as an entrepreneur, the following applies:
9.2.1 Delivered goods must be inspected by the customer immediately after delivery, to the extent feasible in the ordinary course of business. If a defect becomes apparent, immediate notification to us is required. Failure to notify us will result in the goods being deemed approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, notification must be made immediately after discovery, otherwise, the goods will be deemed approved even for this defect. The customer is not released from the obligation to inspect the goods even in the event of recourse by the entrepreneur pursuant. If, in such cases, the customer does not immediately report the defect asserted by their customer, the goods will also be deemed approved concerning this defect.
9.2.2 In the event of a defect, we are entitled to determine the type of subsequent performance, considering the defect's nature and the customer's justified interests. Subsequent performance is deemed to have failed after the third unsuccessful attempt in the case of these contracts.
9.2.3 In the event of subsequent performance for defects, we are only obliged to bear the required expenses, particularly transport, travel, labor, and material costs, to the extent that these are not increased by taking the item to a place other than the customer's registered office or the commercial branch to which delivery was made
9.2.4 The customer's claims for defects, including claims for damages, are subject to a limitation period of one year. This also does not apply to claims for damages due to injury to life, body, or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
**§ 10 LIABILITY FOR DAMAGES AND REIMBURSEMENT OF EXPENSES**
10.1 If you are a consumer, we shall be liable for damages in accordance with the statutory provisions.
10.2 If you place your order with us as an entrepreneur, the following shall apply in the event of our contractual liability for damages pursuant to sections 10.2 to 10.7:
10.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives, or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions.
10.2.2 Insofar as we or our representatives or vicarious agents have breached an obligation through slight negligence, the fulfillment of which is a prerequisite for the proper performance of the contract, the breach of which jeopardizes the achievement of the purpose of the contract, and the observance of which the customer regularly relies on, liability shall be limited to the foreseeable, typically occurring damage.
10.2.3 Unless otherwise stipulated in Sections 10.2.1 and 10.2.2, our liability for damages is excluded. The same shall also apply insofar as recourse claims are asserted against us as suppliers pursuant.
10.3 The exclusions and limitations of liability under clause 10.2 shall also apply to other claims, in particular claims in tort or claims for reimbursement of futile expenses instead of performance.
10.4 The exclusions and limitations of liability under clause 10.2 shall not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or due to culpable injury to life, limb, or health. They shall also not apply insofar as we have assumed a guarantee for the quality of our goods or a performance outcome or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.
10.5 Unless the limitation of liability pursuant to section 10.2 applies in the case of claims arising from manufacturer's liability pursuant, our liability shall be limited to the compensation paid by the insurance company. Insofar as this does not occur or does not occur in full, we shall be liable up to the amount of the sum insured. This clause shall not apply in the event of culpable injury to life, limb, or health.
10.6 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our partners, employees, workers, staff, representatives, and vicarious agents.
10.7 A reversal of the burden of proof is not associated with the above provisions.
**§ 11 CUSTOMER SERVICE**
Please contact us if you have any questions, complaints, or claims. You can reach us Monday - Friday between 9 am and 5 pm at the telephone number by e-mail at office@themebloom.com
**§ 12 CODE OF CONDUCT**
We have subjected ourselves to the code of conduct of the quality criteria of Trusted Shops.
Further details can be found under the following link:
[https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf](https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf).
**§ 13 LEGAL SYSTEM, PLACE OF JURISDICTION**
13.1. In the case of business customers, the contractual relationship shall be governed exclusively by Austrian law to the exclusion of the conflict of law rules of private international law applicable in Austria and to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13.2. In the case of business customers, the competent court in Vienna, Austria, shall have exclusive jurisdiction for all legal disputes arising from the contractual relationship, including its valid conclusion.
13.3. Should any provision of these terms and conditions be void or become void or ineffective as a result of a change in the legal situation, this shall not affect the validity of the remaining provisions of this contract. In place of the invalid or ineffective provision, a provision shall be deemed to have been agreed by way of supplementary interpretation of the contract which comes closest to the intended purpose of the invalid or ineffective provision. The same applies mutatis mutandis to loopholes in this contract.13.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be the registered office of our company in Vienna.
13.4 Alternative dispute resolution
The European Commission provides a platform for online dispute resolution (OS) here https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE. The email address of Community Brands GmbH is service@communitybrands.de. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
