General Terms and Conditions

Bumfidl Jonglierwaren Vertrieb, Hemma Linder

1. GENERAL

The general terms and conditions apply to the sale and delivery of goods by Bumfidl Jonglierwaren Vertrieb. Our company delivers the goods only within the EU countries. By clicking the checkbox in the shopping cart before placing the order “I have read and accepted the terms and conditions.” the buyer agrees to these terms and conditions and is bound by them.

Our range of products is not binding. The order of the sui juris customer (persons over the age of 18) represents an offer to conclude a purchase contract. The subsequent confirmation of receipt of the order sent by us iSd § 10 para 2 ECG does not in itself constitute acceptance of the offer. The purchase contract is only concluded as soon as we deliver the ordered goods, by sending a second e-mail as order confirmation or by other acceptance of the customer’s offer. All offers in our online store are subject to change, non-binding and only available while stocks last.

2. ORDER PROCESS, ORDER CORRECTION, ORDER ANCELLATION

Once you have selected the desired product, you can place it in the shopping cart without obligation by clicking on the button “Add to shopping cart”. You can view the contents of the shopping cart at any time without obligation by clicking on the button “Add to cart”. You can remove the products from the shopping cart at any time by clicking the “Delete” button. If you want to buy the products from the shopping cart, click the button “Checkout”. Then please enter your data. For first orders a registration as “New user” is necessary. For further orders it is sufficient to enter your data and select the type of payment and delivery, click the button “Confirm order” to go to the order page, where you can check your input again. By clicking the button “Order with obligation to pay” you complete the ordering process. You can correct your entries by pressing the “Back arrow” of the browser. The ordering process can be cancelled at any time by closing the browser.

We save the contract text and send you the order confirmation by e-mail. You can view and change your orders and personal data at any time by logging in.

3. CONTRACT LANGUAGE

The content of the contract, all other information, customer service, data information and complaint resolutions are offered in German and English.

4. PRICES

The prices are valid at the time of the order including legal VAT plus all expenses arising from the shipment. They are shown in the shopping cart before the conclusion of the contract and afterwards in a contract confirmation sent to the customer. Should export or import duties become due in the course of shipment, these shall also be borne by the customer (information on this can be obtained from the relevant customs office).

5. RIGHT OF WIDTHDRAWAL

Consumers according to KSchG have the right to revoke this contract without giving any reason.
The withdrawal period is:

1. In the case of a purchase contract, fourteen days from the day on which you or a third party named by you, who is not the carrier, has/have taken possession of the goods.
2. In the case of a contract for several goods ordered by the consumer as part of a single order and delivered separately, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last product.
3. In the case of a contract for the delivery of goods in several partial consignments or pieces, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or piece.

To exercise your right of withdrawal, you must inform us (Bumfidl Jonglierwaren Vertrieb, Neubaugasse 79, A-1070 Vienna, +4315227482, office@bumfidl.com) with your name, address and, if available, telephone number, fax or e-mail address by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you 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 most favorable standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transactions, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. In the case of sales contracts in which we have not offered to collect the goods ourselves in the event of cancellation, 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 the earlier.

If you have received goods in connection with the contract, you must return or hand over the goods to us without undue delay and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. You shall bear the direct costs of returning the goods.

You will only have to pay for any loss of value if this loss of value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

If the customer is a business operator, the revocation is completely excluded.

Notes for the smoothest possible handling of the return shipment

If possible, please send the item back to us complete in the original packaging. Please use the return bill (please fill in the reason for return) and enclose it with the package. The use of the return bill and the original packaging is not a “must”, i.e. not a prerequisite for the assertion of your right, but simplifies and secures the processing.

Please use the return label and have the return delivery confirmed at the post office. The use of the return label is not a “must”, so it is not a prerequisite for the assertion of your right, but it simplifies and secures the processing for us.

If you wish to return only one item from the delivery, but have ordered other items that you now wish to pay for by invoice, simply deduct the item you have returned from the invoice amount.

The consumer does not have the right to withdraw from contracts for
Goods that are made to customer specifications or clearly tailored to personal needs.

Sound or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery.

6. PAYMENT

We accept the following payment methods:

– Sofortüberweisung (Immediate bank transfer)
– Directbank
– On collection: Payment in store
– On account: Exclusively for schools and clubs

7. DEFAULT OF PAYMENT

In the event of default in payment, we shall be entitled to charge the statutory interest. The statutory default interest between consumers and entrepreneurs is 4 percentage points.

8. REMINDER AND COLLETION CHARGES

In the event of default, the contractual partner undertakes to reimburse us for the reminder and collection costs to which we are entitled, even in the event of default in payment through no fault of our own, insofar as they are necessary for the appropriate prosecution of the claim and are reasonable in relation to the claim, whereby the contractual partner undertakes in particular to reimburse us for the costs incurred by us in the event of the involvement of a collection agency, insofar as these do not exceed the maximum rates of remuneration due to collection agencies. If we carry out the reminder process ourselves, the debtor undertakes to pay an amount of EUR 6,- per reminder.

9. RETENTION OF TITLE

We retain title to the delivered goods until receipt of all payments arising from the business relationship with the customer. If the customer resells goods subject to retention of title, he shall also pass on the retention of title. The customer shall immediately notify us of any third party seizure of our goods subject to retention of title. Pledges, transfers by way of security and similar of the goods subject to retention of title are only permissible with our prior consent. If payment is not made immediately after a reminder in the event of default, our goods subject to retention of title shall be returned immediately.

The costs of taking back the goods shall be borne by the customer.

10. DATA PROTECTION

The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the legal provisions (DSGVO, TKG 2003). The privacy policy serves to inform you about the nature, scope and purposes of the collection and processing of your data.

We, Bumfidl Jonglierwaren Vertrieb, are the responsible party in the data protection sense for data processing. If you have any questions about the collection, processing or use of your personal data, please contact us in writing: Hemma Linder, Neubaugasse 79, A-1070 Wien, Email: office@bumfidl.com.

Collection and processing of your data
In the context of your order, your newsletter subscription or your visit to our website, we collect and process certain personal data relating to you. The nature, scope and purposes of this data processing are described below.

Ordering

As part of your order, we process the data you provide: First name, last name, e-mail address, street, zip code, city, phone number, username and password.

The data disclosed by you will be processed exclusively for the processing of your order and fulfillment of the contract existing between you and us. The data processing is based on the legal basis of Art 6 para 1 lit b DS-GVO. After complete processing of the contract and complete payment of the purchase price, your data will be archived and deleted after expiry of the retention periods under tax and commercial law or the periods under the Product Liability Act, unless you have consented to the further use of the data. In the event of termination of the purchasing process without conclusion of a contract, the data stored by us will be deleted.

Your personal data will only be passed on to third parties or otherwise disclosed if this is necessary for the purpose of contract processing or billing or if you have consented to this beforehand. In the context of order processing, for example, the service providers used by us here (eg shipping companies, logistics companies, payment service providers) receive the necessary data for order and order processing. However, in the case of a legal requirement, an official order or an official investigation, we are legally obliged to provide the respective data to the authority.

Newsletter
If you register for our newsletter and thereby give us your consent (Art 6 para 1 lit a DS-GVO), we will process your name and email address for the purpose of sending our newsletter. Your personal data will be stored until you unsubscribe from the newsletter or revoke your consent.

You can revoke your consent or unsubscribe from the newsletter at any time by clicking on the unsubscribe link at the end of each newsletter or by sending a message to the email address office@bumfidl.com.

Visiting the website / use of cookies

When you visit our website, we collect personal data to the extent technically necessary (name of the files accessed, date and time of access, volume of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer of the URL and the requesting provider). This data cannot be assigned by us to specific persons and is not merged with data from other data sources.

We would like to point out that cookies are used when visiting our website. Cookies are small files or other types of information storage that are transmitted from our web server or third-party web servers to the users’ web browsers and stored there for later retrieval. The cookies used when visiting our website only serve the purpose of simplifying the shopping process (e.g. by means of storing the items placed in a shopping cart) and enabling the use of certain functions of our web store. The cookies we use are deleted from your hard drive after you close your browser (session cookies). The collection of this data is based on §96 Abs 3 TKG.

We also use cookies for the statistical evaluation of the use of our website within the framework of the Google Analytics web analysis service (see below). The collection of this data is based on Art 6 para 1 lit f DS-GVO.

Use of Google Analytics

We use Google Analytics, a web analytics service provided by Google LLC (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. As part of “Google Analytics”, cookies are placed on your computer to statistically evaluate your use of our website. We have concluded a corresponding contract with Google for the order data agreement.

The information generated by the cookies about your use of this website (including your IP address) is anonymized before it is stored on Google servers so that it is no longer possible to assign it to a computer. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google uses this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. For more information on how Google Analytics handles user data, please see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

You can prevent the collection of data generated by the cookies and related to your use of the website, as well as the processing of anonymized data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de. However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent.

Use of social media plugins

We use plugins of the following social networks Facebook and Youtube which are operated by the companies Facebook Inc, 1601S California Ave, Palo Alto, CA 94304, USA, www.facebook.com and Youtube, LLKC, 901 Cherry Ave, San Bruno, CA 94066, USA, www.youtube.com. For this purpose, we use a two-stage procedure, in the context of which you transfer your consent pursuant to Art 6 para 1 lit a DS-GVO to the processing of data by the operator of the social network when users click on one of the displayed icons and thus consent to the transmission of data to the operator of the social network. Only after such consent, a connection from your browser to the respective social network is established.

The social network receives information about your visit to our website via the plugin. If you are logged into Facebook or Youtube, your visit can be assigned to your social network account. Any interactions with the plugin can be saved by the operator of the network.

Information about the use of the data collected by the respective social network can be found on the websites of the companies Facebook and Youtube in the “Data protection” or “Privacy” area under the URL www.facebook.com or www.youtube.com.

Data security

Your contract data is transmitted via the Internet in encrypted form using the SSL method. We secure our website and other systems by technical and organisational measures against loss, destruction, access, modification or distribution of your data by unauthorised persons.

Rights as a person concerned

You have the right to information about your personal data, as well as the right to rectification or deletion or restriction of processing. You can also object to the processing and have the right to have your personal data transferred in a structured, machine-readable form. For all the above rights, please contact the contact details of the data controller.

Right of appeal

You also have the right to file a complaint with the supervisory authority. For Austria, this is the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, telephone: +43 1 52 152-0, e-mail: dsb://www.dsb.gv.at/.

12. WARRANTY, LIABILITY, GUARANTEE

The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from the date of acceptance of the goods by the buyer. In the case of justified complaints, the goods shall be replaced or repaired free of charge within a reasonable period of time. If replacement or improvement is not possible (not possible, too much effort, unreasonable, delay, etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract. (redhibitory action).

Defects that occur are to be disclosed as far as possible upon delivery or after they become visible, whereby failure to disclose upon delivery or after they become visible by a consumer has no influence on the consumer’s warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found.

Our company is only liable for damages in case of intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for consequential (defect) damages, as well as other property damages, financial losses as well as damages of third parties against the customer, as far as it is not a consumer transaction, is excluded.

The guarantee is to be asserted with the guarantor (manufacturer) and takes place according to his regulations. Please refer to the contract confirmation for any warranty provisions. By claiming the warranty, the statutory warranty is not limited.

When shipping the goods in consumer transactions, the risk of loss or damage to the goods shall pass to the consumer only as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a choice suggested by us, the risk shall pass as soon as the goods are handed over to the carrier.

13. APPICABLE LAW, PLACE OF JURISDICTION

The contracting parties agree that Austrian law shall apply. If the consumer has his domicile or habitual residence in Austria or if he is employed in Austria, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established for an action against him; this does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

For contracts with companies, our registered office is agreed as the place of jurisdiction.

14. PLACE OF PERFORMANCE FOR BUSINESS TRANSACTIONS

The place of performance for all services arising from the contract is our registered office.

15. COPYRIGHT

All messages, graphics, and the design of our website are exclusively for the personal information of our customers and are protected by copyright.

16. ARBITRATION BOARD

We undertake to participate in the arbitration procedure of the Internet Ombudsman’s Office in the event of disputes: www.ombudsstelle.at. For more information on the types of proceedings, please visit www.ombudsstelle.at.

For the settlement of disputes with our company, the OS platform can also be used: https://ec.europa.eu/consumers/odr.

Our e-mail address: office@bumfidl.com

17. DELIVERY

Delivery will be made by GLS. If not all ordered items are immediately available, the immediately available and other items will be delivered as soon as they are available. However, the delivery costs will be charged only once per order, even in the case of partial delivery.

18. SHIPPING COSTS

Austria: The shipping costs are a flat rate of 4.90 Euros, except bulky items as noted separately with the products! From an order value of 100 Euros we ship postage free!

SHIPPING in EU:

Germany, Hungary, Slovenia: The shipping costs are 10.90 euros, except bulky items as noted separately in the products!

Belgium, Netherlands, Luxembourg, Czech Republic, Slovakia, Poland, Denmark: Shipping costs are a flat rate of 13.90 euros, excluding bulky items as noted separately with the products!

France, Great Britain, Italy, Romania, Bulgaria, Croatia: The shipping costs are 17,90 Euro, except bulky items as noted separately in the products!

Other countries: For orders from other EU countries please contact us by e-mail, shipping on request!

19. STORAGE OF THE CONTRACT

The text of the contract is stored by us and can be requested by you after completion of the ordering process. You can print the order data immediately after sending. To do this, you can either use the subsequent page “Your order” or the mail “Confirmation of receipt”.

20. MISCELLANEOUS

Recourse claims within the meaning of the Product Liability Act are excluded unless the party entitled to recourse proves that the defect was caused in our sphere and was at least due to gross negligence.

The contractual partner waives the possibility of set-off. However, this does not apply to consumers.

Voluntary code of conduct: www.guetezeichen.at

The terms and conditions are also available for download as a PDF document:

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The terms and conditions are also easily printable:

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