Conditions

 

  1. Scope

These general terms and conditions (hereinafter "GTC") of RZR7 Online Handels GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer (hereinafter "Customer") has with the seller with regard to the terms and conditions agreed by the seller goods presented in its online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.

A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.

Employees of our company are prohibited from making promises that deviate from these conditions. Oral agreements are only effective if they are confirmed in writing by the supplier.

 

  1. Conclusion of contract in the web shop/distance selling
The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but are used to make a binding offer by the customer.

    The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process.

    The seller can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or by he delivers the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by asking the customer to pay after placing his order.

    If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

    If the customer selects “PayPal” as the payment method as part of the online ordering process, he also issues a payment order to his payment service provider by clicking the button that completes the ordering process. In this case, the supplier declares a deviation from Section 2.3 the acceptance of the customer's offer is already accepted at the time when the customer initiates the payment process by clicking on the button that completes the ordering process.

    The deadline for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.

    When submitting an offer via the supplier's online order form, the contract text is saved by the supplier and sent to the customer in text form after sending his order along with these general terms and conditions (e.g. b Email, fax or letter). In addition, the contract text is archived on the supplier's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the supplier's online shop before sending his order.

    The payment option(s) will be communicated to the customer in the seller's online shop.

    The delivery of goods takes place via shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

    Before submitting the order via the supplier's online order form, the customer can continually correct his entries using the usual operator functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual operator functions.

    Only German language is available for concluding the contract.

    Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

    1. Right of withdrawal

    Consumers residing in the EU have the right to withdraw from contracts if

    1. the contract is concluded with the simultaneous physical presence of the entrepreneur and the consumer in a place that is not the entrepreneur's business premises,
    1. for which the consumer is among those in Z. 2 circumstances mentioned made an offer,
    1. which is concluded on the business premises of the entrepreneur or by means of distance communication, immediately after the consumer has been addressed personally and individually at a location other than the business premises of the entrepreneur with the simultaneous physical presence of the entrepreneur or his agent and the consumer, or
    1. which is concluded on an excursion organized by an entrepreneur or his agents with the intention or with the result that the entrepreneur advertises or has advertised the sale of goods or the provision of services to the consumer and corresponding contracts concludes with the consumer
    1. the contract is concluded between an entrepreneur and a consumer without the simultaneous physical presence of the entrepreneur and the consumer within the framework of a sales or service system organized for distance selling, whereby only means of distance communication are used up to and including the conclusion of the contract;

    The consumer has no right of withdrawal from distance selling or off-premises contracts in accordance with. Z 1. – 5. via

    Services if the entrepreneur - on the basis of an express request from the consumer and a confirmation from the consumer that he was aware of the loss of the right of withdrawal if the contract was fully fulfilled - had begun to carry out the service before the withdrawal period had expired and then provided the service in full was,

    Goods that are made to customer specifications or are clearly tailored to personal needs.

    The consumer also has no right of withdrawal from contracts concluded outside of business premises (e.g. 1.- 4.) and for which the fee to be paid by the consumer does not exceed the amount of 50 euros.

    The seller only sells personalized products that are manufactured at the customer's request. It is not possible to cancel the purchase of a personalized product that was made at the customer's request.

    Further information on the right of withdrawal can be found in the seller's cancellation policy.

     

    1. Prices and payment terms

    Unless our product description states otherwise, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

    The customer has various payment options available for distance orders, which are specified in our online shop.

    If advance payment has been agreed upon when purchasing via the online shop, payment is due immediately upon conclusion of the contract.

    If you select the payment method “PayPal”, payment is processed via the payment service provider PayPal (Europe) S.a r.l et Cie, S.CA, 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

    If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deductions within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The supplier reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the supplier will inform the customer of a corresponding payment restriction in his payment information in the online shop.

    In the event of default, the customer undertakes to reimburse the reminder and collection costs necessary for appropriate legal prosecution, provided that these are in an appropriate relationship to the claim being made, as well as interest on arrears amounting to 9% p.a.a to pay. The statutory default interest for entrepreneurs remains unaffected.

    If the customer does not make his payments, stops his payments or if bankruptcy or settlement is opened against his assets, the entire remaining debt becomes due. In the case of consumer transactions, this only applies if the supplier has already provided its services, at least one of the customer's overdue services has been due for at least six weeks and the supplier has unsuccessfully reminded the customer under threat of losing the deadline and setting a grace period of at least two weeks.

     

    1. Delivery and shipping conditions

    The delivery of goods takes place via shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the supplier's order processing is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive.

    If the transport company sends the shipped goods back to the supplier because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the supplier notified him the service had been announced a reasonable time in advance.

     

    1. Retention of title

    As far as consumers are concerned, the supplier reserves ownership of the delivered goods until the purchase price owed has been paid in full.

    The supplier reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.

     

    1. Warranty

    If there are defects, the statutory warranty regulations apply.

    If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the supplier of this. If the customer does not comply with this, this will have no impact on his legal or contractual warranty claims.

     

    1. Liability

    The supplier is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

    • The supplier is liable without restriction for any legal reason
    • in the event of intent or gross negligence,
    • in the event of intentional or negligent injury to life, body or health.

    If the supplier negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless unlimited liability exists in accordance with the previous paragraph.

    In all other respects, liability on the part of the supplier is excluded.

     

    1. Indemnification in the event of violation of third party rights

    If, according to the content of the contract, the supplier is responsible not only for the delivery of the goods but also for the processing of the goods according to the customer's specific specifications, the customer must ensure that the content provided to the supplier for the purpose of processing does not infringe the rights of third parties (e.g. b violate copyright or trademark rights). The customer releases the supplier from claims by third parties that they may assert against the supplier in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the appropriate costs of the necessary legal defense, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to immediately, truthfully and completely provide the supplier with all information required to examine the claims and defend them.

     

    1. Duty to cooperate

    The customer (client) must arrange for any necessary third-party permits, reports to authorities, and obtaining permits on time, on their own responsibility, and at their own expense. Furthermore, the customer must check whether the goods to be delivered or the service to be performed comply with the applicable legal regulations.

    When delivering the goods, it is assumed that the vehicle can drive directly to the building and unload. Additional costs caused by additional transport routes or due to difficulty getting from the vehicle to the building will be charged separately.

    If anchoring on walls and ceilings is necessary, the customer must ensure that the substrate is suitable for drilling or are suitable for fastening, otherwise our liability for any resulting damage will cease completely.

    The customer is obliged - if necessary with the involvement of an authorized third party - after delivery in accordance with the contract or Performance to confirm this by signing a worksheet.

     

    1. Applicable law/jurisdiction

    The law of the Republic of Austria applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer is domiciled.

    Is the customer an entrepreneur within the meaning of paragraph 1.2, the place of business of the supplier is agreed as the exclusive place of jurisdiction. For both actions by the entrepreneur against the consumer and for actions by the consumer against the entrepreneur, the place of jurisdiction is the consumer's place of residence if the consumer is resident in the EU but not in Austria. If the consumer has his domicile or habitual residence in Austria, he can only be sued before the court in whose district his domicile or habitual residence is located; In this case, the entrepreneur can only be sued by the customer at his place of business, unless another place of jurisdiction is specified by law.

     

    Data protection information

    Version from [06.122021]

    Introduction

    The purpose of this data protection notice is to inform you, in accordance with the requirements of the General Data Protection Regulation (“GDPR”), which personal data is processed, for what purpose, on what basis and what rights you have as a visitor to the linewand website.com (“Website”).

    Responsible person

    Responsible for data protection for the processing of your personal data is RZR7 Online Handels GmbH, based in 1220 Vienna, Sinagasse 1-19/9/1.

    You can find out more about our processing operations below. If you have any questions about data protection, please send us an email to info@linewand.at

    Contact form

    We provide a contact form on our website so that you can contact us via a secure channel to find out more about our services, submit special requests, send cooperation proposals, etc.

    If you use this contact form, you must or can enter the following data:

    • Personal information such as first and last name, residential address
    • Contact details such as telephone number and/or email address
    • Type of interest or Information about the request
    • Company of the company you represent
    • Files and images

    We use this information in accordance with Article 6 Paragraph 1 lit b or f GDPR to quickly process and answer your request. According to our deletion rules, we store this data for a maximum of six months after your request has been processed, unless the exceptions in Article 17 Paragraph 3 GDPR apply (e.g. legal obligation, defense of legal claims, etc.).

    Forms for newsletter registration

    There is a form on our website to register for our newsletter. If you use this, you must or can enter the following data:

    • Personal information such as first and last name and residential address
    • Your email address

    We use this information based on your consent in accordance with Article 6 Paragraph 1 lit a GDPR to send you interesting information about our services, promotions, events and competitions as part of our newsletter. You can revoke this consent at any time without giving reasons with future effect.

    We store this data until you revoke it, but for a maximum period of 1 year from your last order or contact.

    Forms for online product purchasing

    On our website you have the opportunity to purchase personalized line art posters. In order to process the online purchase, you must or can enter the following data, among others:

    • Personal information such as first and last name, date of birth and residential address
    • Contact details such as telephone number and/or email address
    • Information about the desired online product and its scope
    • Information about the start of the contract
    • Information on the payment method such as bank details or credit card

    We use this information in accordance with Article 6 Paragraph 1 lit b GDPR in order to be able to conclude and fulfill the contract with you. In any case, we store this data for up to 7 years after termination of the contract within the framework of our corporate law retention periods (§ 212 UGB).

    Tracking data – website optimization and marketing optimization

    On our website we use tracking tools such as Google Analytics to optimize your experience on the website and to optimize marketing activities. These tools measure, among other things:

    • Behavior on the website, e.g.b: Which pages are accessed? Where are clicks made? Which steps of an online purchase are carried out or where is it canceled? What are you looking for?
    • Technical information about the website visitor, e.g.b: Desktop or mobile device, screen size, operating system
    • Source of visit to the website, e.g.b: Did the visitor use a marketing activity we controlled to reach our website? From which website was the visitor referred to our website?
    • Tracking IDs, which do not personally identify the website visitor, but which enable us to distinguish visitors. This allows e.g.b Analyzes are created about how often a visitor returns in a certain period of time.
    • IDs through which the website visitor can be indirectly identified. For example, a machine-modified customer number that can be used to automatically establish a connection to customer data.
    • Tracking tools do NOT store information that directly identifies users personally, such as:b Information in form fields on the website.

    We use this information in accordance with Article 6 Paragraph 1 lit f GDPR both to create aggregated analyzes of the use of our website and to optimize our website and marketing activities. We store this data for a maximum of 25 months after visiting the website.

    How do we collect your data?

    Your user data is either transmitted to us by you using the forms on the website. We collect the tracking data that arises when you visit our website automatically and usually either based on your input or via cookies (more on this below).

    Google Analytics

    The use of Google Analytics depends on your consent. If you do not give your consent, no Google Analytics cookies will be set.

    Your consent means that you agree that Google Analytics can set cookies and that data such as your IP address will be transferred to Google servers (usually in the USA or in other countries outside the EU) and stored there may.

    If you have consented to the use of cookies, we also use Google Analytics, a web analysis service provided by Google Inc., on some areas of our website. (“Google”). This analysis tool uses cookies to record visitor behavior on our website in aggregate form.

    The following information is collected by Google Analytics: browser, device type, device model, country, service provider, screen resolution (on mobile device), time spent on the website, language, operating system, pages visited on the website. Google prepares the above information and we use it to evaluate the use of our website by users.

    Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google. If you do not want any website to record your activities via Google Analytics, you can download and install a corresponding browser plugin at http://tools.google.com/dlpage/gaoptout.

    Cookies

    A cookie is a small piece of text that is stored on your computer when you visit a website.Line wall.at uses the information for statistical purposes to analyze and optimize a user’s visit. A distinction is made between two types of cookies:

    1.Persistent cookies remain stored in a subfolder of the browser; you must delete them manually if desired.
    2. Session cookies are deleted when you close the browser.

    Which cookies do we use?

    Facebook Ads - A cookie is set here and a pixel is used. We use this to follow your visit to our website in order to adapt advertisements and optimize them on other platforms belonging to Facebook.

    Google Ads -A cookie is set here and a pixel is used. We use this to follow your visit to our website in order to adapt advertisements and optimize advertising on the Google Ads platform.

    TikTok Ads - a cookie is set to optimize advertising and customize the advertising content on TikTok.

     

    Who can have access to your personal data?

    • In order to ensure a safe and successful payment, your data will be passed on to our payment service providers.
    • In order to be able to deliver to a desired address, your data will be passed on to the responsible shipping service provider.
    • Since we have our products produced by an external printing company, your data will be transmitted to them.
    • In order to create a drawing of your photo, the photos you upload will be made available to our designers, who will then treat them in accordance with the data protection guidelines.
    • In order to reduce our ecological footprint, we plant thanks to "Verdn Ltd."one tree per product ordered. (excluding vouchers) For this process, Verdn Ltd. receives. Your name, email and order information so you can receive your tree planting notification.

    • In order to be able to collect reviews and offer our customers many testimonials, we use the Trustpilot service. To create and send the review, Trustpilot A/S receives your name, email address and order information.

      How is your data protected?

      We take appropriate technical and organizational security measures to protect your personal data against accidental or unlawful deletion, alteration or loss and against unauthorized disclosure or access.

      What rights do you have?

      According to Sections 26 ff of the Data Protection Act 2000 (DSG) and Article 14 ff of the EU General Data Protection Regulation (GDPR), you have a right to information, correction, deletion, restriction of processing and data portability as well as a right of withdrawal. You can also revoke your consent at any time and without reason in the future. If you have any questions, you can contact us at any time at info@linewand.at. You also have the right to contact the Austrian data protection authority (Barichgasse 40-42, 1030 Vienna) with a complaint.

      Right to the digital drawing

      As the owner of the copyright to the digital drawings created by the artists, we reserve the sole right to decide on the use, publication, distribution and reproduction of these drawings.

      Accordingly, we grant ourselves the right to publish these digital drawings on our social media channels and on our homepage. Any other use of the drawings requires our express written consent.

      Questions and further information

      For questions and further information about data processing via our website, please use the following email address: info@linewand.at