Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Verein Kreativ 24/7) via the website www.kreativ24-7.org. Unless otherwise agreed, the inclusion of any own terms and conditions you may use will be opposed.

(2) Consumer within the meaning of the following rules is any natural person who enters into a legal transaction for purposes which cannot be attributed predominantly to either his commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of services (workshops/seminars).

(2) Upon posting the respective course/workshop/seminar on our website, we will make you a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “Shopping Cart” and make changes there at any time.
After clicking the “Checkout” or “Continue to Order” button (or similar name) and entering your personal information as well as your payment and shipping terms, you will finally see the order details as an order overview.

If you use an instant payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will select or enter your data there. Finally, the order details will be displayed as an order overview on the instant payment system provider’s website or after you have been redirected back to our online shop.

Before submitting the order, you have the option to double-check the information in the order overview, change it (also using the “back” function of the Internet browser) or cancel the order.

By submitting the order using the corresponding button (“order subject to payment”, “buy” / “buy now”, “order subject to payment”, “pay” / “pay now” or similar name), you legally declare your acceptance of the offer, which is how the contract is concluded.

(4) Your requests to prepare a quote are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless the respective offer specifies a different deadline).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have deposited with us is correct, that receipt of the emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the appropriate information, texts or files necessary for the individual design of the goods via the online ordering system or by email at the latest immediately after the conclusion of the contract. Our file format specifications, if any, must be observed.

(2) You agree not to transmit any data whose content infringes third-party rights (in particular copyrights, naming rights, trademark rights) or violates existing laws. They expressly indemnify us against all third-party claims made in this connection. This also concerns the costs of the legal representation required in this context.

(3) We do not check the submitted data for accuracy and therefore assume no liability for errors.

§ 4 Formation of the contract for courses

(1) The subject of the contract is the implementation of courses.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You agree not to transmit any data whose content infringes third-party rights (in particular copyrights, naming rights, trademark rights) or violates existing laws. They expressly indemnify us against all third-party claims made in this connection. This also concerns the costs of the legal representation required in this context.

(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have deposited with us is correct, that receipt of the emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 5 Service provision for courses

(1) The courses in the form described in the respective offers will be held on the agreed dates.

(2) Where the implementation of the courses depends on the number of participants, the minimum number of participants shall be determined by the respective offer.
If the minimum number of participants is not reached, we will inform you in text form (e.g. by email) no later than 7 days before the start of the course that the booked course will not take place. Where applicable, services already provided will be refunded immediately in this case.

(3) If an individual event is cancelled due to the short-term absence of the course instructor due to illness or other important reasons, the services already provided will be refunded immediately.
For events consisting of several event dates, if an appointment is canceled due to the short-term absence of the instructor due to illness or other important reasons, the canceled appointment will be rescheduled for a replacement date.

(4) In connection with the use of course rooms and objects, you must comply with the locally available house rules. You must follow our instructions or the instructions of the course instructor.

(5) In the case of contracts concluded online for certain services that are to take place on a specific date or are booked for a specific period of time, there is no right of withdrawal (§ 18 para. 1 item 10 of the Long-Distance and Away Business Act – FAGG).

§ 6 Substitute participants

You can name a substitute participant at any time before the course begins. You will not incur any costs for this rebooking.

§ 7 Special agreements on payment methods offered

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; „Klarna”), we offer the following payment options. Payment is made to Klarna:

  • Direct debit („Pay Now)
  • Instant transfer („Pay Now)

The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for address and credit check purposes as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the credit check results.

For more information about Klarna and the Klarna Terms of Use for Germany, see https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

For more information about Klarna and the Klarna Terms of Use for Austria, see https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.

(2) Payment via “PayPal” / “PayPal Checkout”
If a payment method is selected that is offered via “PayPal” / “PayPal Checkout”, the payment is processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” will be displayed to you under a corresponding button on our website and in the online ordering process. PayPal may use additional payment services for payment processing; if special payment terms apply, you will be notified separately. For more information about “PayPal” see https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(3) Payment via “Stripe”
If a payment method is selected that is offered via “Stripe”, payment is processed through the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods via “Stripe” will be displayed to you under a corresponding button on our website and in the online ordering process. Stripe may use additional payment services for payment processing; if special payment terms apply, you will be notified separately. For more information about “Stripe” see https://stripe.com/de.

§ 8 Right of retention, retention of title

(1) You may exercise a right of retention only in so far as claims arising from the same contractual relationship are concerned.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies in addition:

a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Pledging or transfer of security is not permitted prior to transfer of ownership of the reserved goods.

b) You can resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice that arise from the resale, and we accept the assignment. You are further authorized to collect the claim. However, to the extent that you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) When the reserved goods are combined and mixed, we acquire joint ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the collateral to which we are entitled at your request to the extent that the realizable value of our collateral exceeds the claim to be secured by more than 10%. It is up to us to select the collateral to be released.

§ 9 Warranty

(1) The statutory rights of liability for defects exist.

(2) As a consumer, you are asked to immediately inspect the goods upon delivery for completeness, obvious defects and damage during transport and to notify us and the carrier of any complaints as soon as possible. Failure to comply will not affect your statutory warranty claims.

(3) To the extent that any characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the contract by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following warranty provisions apply, in derogation from the above:

a) Only our own information and the manufacturer’s product description are considered to be agreed upon as the nature of the goods, but not other advertising, public praise and statements by the manufacturer.

b) In the event of defects, we will provide guarantees through repair or subsequent delivery at our discretion. If the defect removal fails, you can request mitigation or withdraw from the contract at your option. The rectification of defects shall be deemed to have failed after an unsuccessful second attempt, unless something else arises, in particular, from the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided that the move does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The reduction in the deadline does not apply:

– culpably caused damage attributable to us resulting from injury to life, body or health and other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have guaranteed the nature of the matter;
– in the case of items that have been used for a building in accordance with their usual method of use and have caused its defectiveness;
– in the case of legal recourse claims you have against us in connection with defect rights.

§ 10 Choice of law

(1) Austrian law shall apply. In the case of consumers, this choice of law applies only in so far as it does not deprive the protection afforded by mandatory provisions of the law of the State of the consumer’s habitual residence (principle of convenience).

(2) The provisions of the United Nations Sales Convention expressly do not apply.

 

II. Customer information

1. Identity of the seller

Association Kreativ 24/7
Dorfstraße 63 b/2
6241 Radfeld
Österreich
Telefon: +43 660 6413 331
Mail: hallo@kreativ24-7.org

We are not prepared and not obliged to participate in dispute resolution proceedings before consumer arbitration bodies.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the “Constitution of the Contract” provisions of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. Contract language is German

3.2. We do not save the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically backed up using the browser’s print function. Once the order has been received by us, the order details, the legally required information for distance contracts and the general terms and conditions will be sent to you again by email.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding quotation, e.g. by email, which you can print out or back up electronically.

4. Essential characteristics of the good or service

The essential characteristics of the good and/or service can be found in the respective offer.

5. Prices and payment arrangements

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are identified separately during the ordering process and must be carried by you in addition unless free shipping is promised.

5.3. If the delivery takes place to countries outside the European Union, we may incur additional costs that are not our responsibility, such as customs duties, taxes or money transmission fees (transfer or exchange rate fees of credit institutions), which you must bear.

5.4. Costs incurred in the transmission of money (transfer or exchange fees of credit institutions) must be borne by you in cases where the delivery is made to an EU Member State but payment was arranged outside the European Union.

5.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise stated for each type of payment, the payment entitlements under the concluded contract are due for payment immediately.

5.7. Unless otherwise agreed, when booking courses, payment must be made no later than the on-site course date before the start of the course, otherwise there is no right to participate.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.

6.2. To the extent that you are a consumer, the law stipulates that the risk of accidental sinking and accidental deterioration of the item sold during shipment will only pass to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently engaged a transport company not designated by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment will be at your risk.

7. Statutory liability for defects

Liability for defects is governed by the “Warranty” rule in our General Terms and Conditions (Part I).

These terms and conditions and customer information were prepared by the lawyers of the Merchants’ Association who specialize in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/< 2 >de/leistungen/< 3 >rechtssicherheit/agb-service.

last updated: October 22, 2024