Contractual conditions within the framework of purchase contracts via the platform https://www.jablonskis.at

 

between

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Jablonski's

c/o Leon Heidinger

Gerersdorfer Hauptstraße 34/2

3385 Gerersdorf

Mobile: +43 699 1900 3233

E-Mail: info@jablonskis.at

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UID number: ATU74750708

 

– hereinafter “provider” –

 

and the users of this platform referred to in Section 2 of these General Terms and Conditions

 

– hereinafter referred to as “customer/customers” –

 

are closed.

 

1. Scope

 

The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Differing conditions from the customer will not be recognized unless the provider expressly agrees to their validity in writing.

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2. Conclusion of contract

2.1 The customer can select products from the provider's range and collect them in a so-called shopping cart using the "Add to shopping cart" button. Using the “Buy now” button, he submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.

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2.2 The provider then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order at Jablonski's Shop” by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function.

 

The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the contents of the order. In this email or in a separate email, but no later than upon delivery of the goods, we will send the contract text (consisting of the order, general terms and conditions and order confirmation) to the customer on a durable medium (email or paper printout). The contract text is stored in compliance with data protection.

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2.3 The contract is concluded in the languages: German.

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3. Delivery, availability of goods, payment methods

3.1 Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), provided that the purchase price has been paid in advance.

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3.2 If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. He will immediately reimburse any payments the customer may have already made.

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3.3 The following delivery restrictions apply: The provider only delivers to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Switzerland, Austria.

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3.4 The customer can make payment by direct bank transfer, PayPal or invoice.

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3.5 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.

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4. Retention of title

The delivered goods remain the property of the provider until the purchase price has been paid in full.

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5. Prices and shipping costs

5.1 All prices stated on the provider's website include the applicable statutory sales tax.

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5.2 The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer unless the customer makes use of any right of withdrawal.

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5.3 In the event of a cancellation, the customer must bear the direct costs of the return.

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6. Courses

The following regulations apply to both self-consumption courses and vouchers.

6.1 Booking: Registration for the courses is done by email to info@jablonskis.at. The participation fee must be paid within the next seven working days after the reservation is confirmed. If payment is not made on time, the reservation claim expires.

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Participation in the workshop is only considered firmly booked once payment has been made.

6.2 Cancellation: If you cancel 72 hours (3 days) before the course date or if you do not show up, a 100% cancellation fee will be charged. Course materials including recipes are available upon request.

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If the cancellation occurs more than 3 days before the start of the course, the participation fee will be credited. A payout is not possible. The reason for this is the preparation effort: printing costs, goodie bag preparations, purchasing the ingredients, etc.

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6.3 Transfer: The course place can be transferred to another person at any time.

 

6.4 Participation is at your own risk.

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6.5 Cancellation: Jablonski's reserves the right to cancel a course because the minimum number of participants is not met, for reasons of illness or for organizational reasons. In this case, the course fee will be credited in full. Jablonski's does not undertake to provide an alternative date for cancelled courses.

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7. Vouchers

Vouchers are valid for 2 years from the date of issue unless otherwise stated. They cannot be exchanged for cash or returned.

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8. Warranty for material defects

The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.

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9. Liability

9.1 Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

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9.2 In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.

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9.3 The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.

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9.4 The provisions of the Product Liability Act remain unaffected.

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10. Information on data processing

10.1 The provider collects customer data as part of the processing of contracts. In doing so, he particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

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10.2 Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.

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11. Final provisions

11.1 The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and private international law.

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11.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

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11.3 The remaining parts of the contract remain binding even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be ineffective.

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Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are prepared to take part in an out-of-court arbitration procedure.