General Terms and Conditions (GTC)

Deko-Ballons e.U.
Hofmannstahlgasse 12/2/2, 1030 Wien, Österreich
Email: office@ballonia.at
Phone: +43 667 7782261
Website: https://ballonia.at
Commercial Court: Handelsgericht Wien

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Deko-Ballons e.U. (hereinafter “Seller”) apply to all contracts concluded between the Seller and customers (hereinafter “Customer”) via the online shop at https://ballonia.at, as well as via other sales channels, for the purchase of goods offered therein.

1.2 These GTC apply to both consumers within the meaning of Section 1(1)(2) of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) and entrepreneurs within the meaning of Section 1(1)(1) of the Austrian Commercial Code (Unternehmensgesetzbuch, UGB). Where specific provisions apply exclusively to consumers or exclusively to entrepreneurs, this will be expressly indicated.

1.3 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4 The GTC of the Customer shall not apply, even if the Seller does not separately object to their validity in individual cases.

1.5 These GTC apply in the version valid at the time of the order. The current version of the GTC is available at any time on the Seller’s website.

2. Formation of Contract

2.1 The product presentations in the online shop do not constitute legally binding offers, but rather non-binding invitations to the Customer to submit an order (invitatio ad offerendum).

2.2 By clicking the “Buy Now” button (or equivalent order button), the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer may view and correct all entered data at any time using the correction functions provided during the ordering process.

2.3 Upon receipt of the order, the Seller will send the Customer an automated order confirmation by email. This order confirmation does not constitute acceptance of the offer, but merely confirms that the order has been received by the Seller.

2.4 The contract is only concluded when the Seller expressly accepts the Customer’s offer by means of a separate order confirmation or declaration of acceptance, or when the goods are dispatched to the Customer and the dispatch is confirmed. The Seller reserves the right to decline orders without stating reasons, in particular in the event of unavailability of goods or obvious pricing errors.

2.5 The contract text (order details and these GTC) will be stored by the Seller and sent to the Customer by email after conclusion of the contract. The Customer can also access and print the GTC at any time via the website. Concluded contracts are stored and are not publicly accessible.

2.6 The contract language is English. Contracts may also be concluded in German.

2.7 For B2B customers (entrepreneurs), the Seller reserves the right to carry out a creditworthiness check and, in the event of a negative result, to refuse the conclusion of the contract or to offer payment only in advance.

3. Prices and Payment Terms

3.1 All prices stated in the online shop are in Euro (€) and, for consumers, include the applicable statutory Austrian value added tax (VAT) at the currently applicable rate. For entrepreneurs (B2B), prices are quoted exclusive of VAT unless otherwise stated. Shipping costs are shown separately and are clearly indicated before the order is completed.

3.2 In the event of special promotions, the promotional prices are only valid for the duration of the respective promotion. After the promotion period ends, the regular prices apply.

3.3 The Seller accepts the following payment methods, which are displayed in the online shop:

• Credit card (Visa, Mastercard, or as displayed)
• PayPal
• Bank transfer (advance payment)
• Other payment methods as displayed in the shop at the time of ordering

3.4 In the case of payment by bank transfer (advance payment), the purchase price is due immediately upon conclusion of the contract. The goods will only be dispatched after the full purchase price, including shipping costs, has been credited to the Seller’s account. If payment is not received within 14 calendar days of the order confirmation, the Seller is entitled to withdraw from the contract.

3.5 In the case of payment by credit card or PayPal, the purchase price is charged at the time of the order or at the time of dispatch of the goods, in accordance with the respective payment service provider’s terms.

3.6 The Customer is only entitled to set off counterclaims if such counterclaims have been legally established, are undisputed, or have been acknowledged by the Seller. This restriction does not apply to consumers exercising their statutory right of withdrawal or asserting warranty claims.

3.7 If the Customer defaults on payment, the Seller is entitled to charge default interest. For consumers, the statutory default interest rate of 4% per annum (§ 1000 ABGB) applies. For entrepreneurs, the statutory default interest rate of 9.2 percentage points above the base interest rate (§ 456 UGB) applies. The right to assert further damages caused by default is reserved.

3.8 In the event of payment default by an entrepreneur, the Seller is entitled to charge a reminder fee of €40.00 net per reminder as a lump-sum compensation for collection costs, without prejudice to further claims.

3.9 Invoices are issued electronically and sent to the Customer’s email address provided during ordering. By placing an order, the Customer agrees to receive invoices in electronic form. Consumers may request a paper invoice free of charge.

4. Delivery and Shipping

4.1 The Seller delivers to the countries specified in the online shop. Delivery is made to the delivery address provided by the Customer during the ordering process.

4.2 The standard delivery time is 3 to 5 business days (Monday to Friday, excluding Austrian public holidays) from the date of order confirmation and, in the case of advance payment, from the date of receipt of the full purchase price. These delivery times are indicative and non-binding unless a specific delivery date has been expressly agreed.

4.3 If the Seller is unable to meet the stated delivery time due to circumstances beyond its control (e.g., force majeure, supply disruptions, natural disasters, strikes, official orders), the Customer will be informed promptly. In such cases, the delivery time shall be extended appropriately. If delivery becomes permanently impossible, the Seller is entitled to withdraw from the contract; any payments already made will be refunded immediately.

4.4 Shipping costs are displayed clearly and transparently in the online shop before completion of the order and are borne by the Customer unless otherwise agreed or unless the order value qualifies for free shipping as stated on the website.

4.5 The risk of accidental loss or accidental deterioration of the goods passes to the Customer upon handover of the goods to the Customer or to a person designated by the Customer. In contracts with entrepreneurs, the risk passes to the carrier upon handover of the goods to the carrier or forwarding agent.

4.6 If delivery of the goods fails due to reasons for which the Customer is responsible (e.g., incorrect delivery address, Customer absent without arrangement), the Customer shall bear the costs of the failed delivery attempt. The Seller reserves the right to withdraw from the contract and charge the Customer for the resulting costs.

4.7 Partial deliveries are permissible if they are reasonable for the Customer and any additional shipping costs caused by partial delivery are borne by the Seller.

4.8 Upon receipt of the goods, the Customer is requested to check the delivered goods for completeness and freedom from defects and to report any visible damage to the carrier or delivery service immediately upon delivery. This does not affect the Customer’s statutory warranty rights.

5. Right of Withdrawal (Consumers Only)

This section applies exclusively to consumers within the meaning of the KSchG and in accordance with the Austrian Distance and Off-Premises Contracts Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG).

5.1 Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you, or a third party designated by you other than the carrier, took possession of the goods. In the case of a contract for several goods ordered in one order and delivered separately, the withdrawal period is 14 days from the day on which you, or a third party designated by you, took possession of the last item of goods.

5.2 Exercise of the Right of Withdrawal

To exercise your right of withdrawal, you must inform us:

Deko-Ballons e.U.
Hofmannstahlgasse 12/2/2, 1030 Wien, Österreich
Email: office@ballonia.at
Phone: +43 667 7782261

by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form set out below, though it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

5.3 Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

5.4 Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the supply of:

• goods that are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (custom-made products);
• goods that can spoil quickly or whose expiry date would quickly be exceeded;
• sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery;
• goods that are, after delivery, inseparably mixed with other items;
• goods that have been clearly personalised (e.g., balloons with individual printing or text).

5.5 Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To:
Deko-Ballons e.U.
Hofmannstahlgasse 12/2/2, 1030 Wien, Österreich
Email: office@ballonia.at

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete as appropriate.

6. Warranty and Guarantee

6.1 The statutory warranty provisions of Austrian law apply. In particular, in contracts with consumers, the provisions of the Austrian General Civil Code (ABGB) regarding warranty apply, as amended, with a warranty period of two years from delivery of the goods.

6.2 If the goods are defective, the Customer is entitled, at their choice, to demand improvement (repair) or replacement (delivery of a defect-free item). Only if improvement or replacement is impossible, disproportionately expensive, unreasonable for the Customer, or has failed within a reasonable period, the Customer may demand a price reduction or, if the defect is not minor, withdraw from the contract.

6.3 For entrepreneurs, the warranty period is one year from delivery, unless mandatory statutory provisions provide otherwise. Entrepreneurs must notify the Seller of obvious defects in writing within 14 days of delivery; hidden defects must be notified within 14 days of their discovery, at the latest within the one-year warranty period. If this obligation to give notice is not complied with, the warranty claim is forfeited.

6.4 The warranty does not cover damage caused by the Customer or third parties, improper use, normal wear and tear, or failure to follow the Seller’s care and usage instructions.

6.5 In order to assert warranty claims, the Customer must contact the Seller at the contact details provided above and describe the defect in detail. The Seller may request the return of the defective goods for inspection. In the event of a justified warranty claim, the Seller will bear the costs of shipping the goods back.

6.6 Any manufacturer’s guarantee (Herstellergarantie) provided separately by the manufacturer is in addition to the statutory warranty rights and does not limit them. The details of any manufacturer’s guarantee can be found in the guarantee documents supplied with the goods.

6.7 The warranty does not apply to used goods sold as such, provided this has been clearly indicated in the product description. For consumers, statutory warranty rights with regard to defects present at the time of purchase remain unaffected.

7. Limitation of Liability

7.1 The Seller is fully liable without limitation for damage caused intentionally or by gross negligence, for damage to life, limb or health, and in cases of mandatory statutory liability (in particular under the Austrian Product Liability Act, PHG).

7.2 In cases of slight negligence, the Seller’s liability towards consumers is not excluded or limited beyond the statutory provisions, in particular not for the breach of essential contractual obligations (cardinal obligations). The liability of the Seller towards entrepreneurs for slight negligence is excluded for material damage and financial loss, except for the breach of essential contractual obligations. In the case of breach of essential contractual obligations, liability of the Seller towards entrepreneurs for slight negligence is limited to the foreseeable, typically occurring damage.

7.3 The Seller is not liable for the content of external websites that are linked from the Seller’s website. The operators of linked websites are solely responsible for their content.

8. Data Protection

The protection of your personal data is important to us. All personal data collected in connection with your use of our website and the conclusion of contracts is processed in accordance with applicable data protection legislation, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).

For detailed information on how we collect, process, and store your personal data, as well as your rights as a data subject, please refer to our Privacy Policy, which forms an integral part of these Terms and Conditions.

9. Applicable Law and Jurisdiction

9.1 These Terms and Conditions and all legal relationships between Deko-Ballons e.U. and the customer shall be governed exclusively by the laws of the Republic of Austria, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law.

9.2 For customers who are consumers within the meaning of the Austrian Consumer Protection Act (KSchG), the mandatory statutory provisions of the country in which the consumer has their habitual residence shall remain unaffected.

9.3 For all disputes arising from or in connection with these Terms and Conditions or any contract concluded on their basis, the courts having subject-matter jurisdiction at the registered office of Deko-Ballons e.U. in Vienna shall have exclusive jurisdiction, provided the customer is an entrepreneur (Unternehmer) within the meaning of the Austrian Business Code (UGB). For consumers, the statutory rules on jurisdiction shall apply.

10. Online Dispute Resolution

10.1 The European Commission provides an online platform for alternative dispute resolution (ODR platform) for consumers. The ODR platform can be accessed at the following address:

https://ec.europa.eu/consumers/odr

10.2 Our email address for the purposes of the ODR platform is: office@ballonia.at

10.3 We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and do not generally participate in such proceedings. However, we are always willing to resolve any disputes with our customers amicably and encourage you to contact us directly in the first instance at the above email address.

11. Final Provisions

11.1 Entire Agreement: These Terms and Conditions, together with any applicable product descriptions, order confirmations, and our Privacy Policy, constitute the entire agreement between Deko-Ballons e.U. and the customer with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings, whether oral or written.

11.2 Amendments: Deko-Ballons e.U. reserves the right to amend these Terms and Conditions at any time. The version of the Terms and Conditions valid at the time of the conclusion of the respective contract shall apply to that contract. Customers will be notified of any material changes in a timely manner. Continued use of our services following notification of changes shall constitute acceptance of the revised Terms and Conditions.

11.3 Severability: Should any provision of these Terms and Conditions be or become invalid, void, or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original provision.

11.4 No Waiver: The failure of Deko-Ballons e.U. to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless explicitly acknowledged and agreed to in writing.

11.5 Written Form: Amendments or supplements to individual agreements must be made in text form (e.g., by email) to be legally effective. This requirement may likewise only be waived in text form.

11.6 Contact: For any questions, complaints, or notices relating to these Terms and Conditions, please contact us at:

Deko-Ballons e.U.
Hofmannstahlgasse 12/2/2
1030 Wien, Austria
Email: office@ballonia.at

Last updated: June 2025