AGB
Terms of Service
from www.venogift.at
These GTC are applicable to
- use of the service and access to this website, and
- any other related agreement or legal relationship with the Provider
in a legally binding manner. Defined terms are listed in the relevant section of this document.
Users are requested to read this document carefully.
No employment, agency or partnership relationship is established between the parties involved as a result of these General Terms and Conditions.
This website is offered by:
Venogift - Bahnhofstrasse 24/45, 8054 Graz
E-mail address of the provider: venogift@gmx.at
"This Website" refers to
- this website, including its subdomains and any other website through which Provider makes the Service available;
The following documents, which are expressly referred to, are part of these GTC:
Key facts at a glance
- Only European consumers are entitled to the right of withdrawal.
- It should be noted that individual provisions of these GTC could only be relevant for certain categories of users, for example only consumers or only users who are not acting as consumers. Such limitations of the scope of application will be expressly referred to in each affected clause. If there is no such notice, the clause applies to all users.
- Access to this website and the service is age-restricted and is only available to users of legal age according to the applicable law.
TERMS OF USE
Unless otherwise stated, accessing this website is subject to the terms and conditions set out in this section.
Individual or additional terms of use or access may apply in certain circumstances and, in such cases, are expressly identified in this document.
By using the Service, Users agree to comply with the following conditions:
- Users can be consumers or business customers;
- Users must be of legal age under applicable law;
account creation
In order to use the service, users can register or create a user account by providing all the necessary data or information completely and truthfully.
The service can also be used without registering or creating a user account. However, this may result in limited availability of certain features.
The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest possible security requirements for this website.
Upon registration, users agree to be responsible for all actions taken in connection with their username and password.
Users are obliged to inform the Provider immediately and unequivocally, using the contact details provided in this document, if they believe that their personal information, including user accounts, access data or personal data, has been breached, unlawfully disclosed or stolen.
Termination of User Account
User accounts can be deleted at any time as follows:
- By contacting the provider directly using the contact details provided in this document.
Blocking and deletion of the user account
Provider reserves the right, in its sole discretion, at any time and without notice, to suspend or delete any User Account that it deems inappropriate, offensive or in violation of these T&Cs.
Due to the blocking or deletion of user accounts, the user has no claims for damages, exemption or reimbursement.
The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.
Content available through this website
Unless otherwise stated or clearly stated, all content available through this website is owned and provided by Provider or its licensors.
The provider makes every effort to ensure that the content provided via this website violates applicable legislation or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to address their complaint preferably to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected.
Rights to the content available through this website
All rights to the content are reserved by the provider.
Users may only use the content to the extent that this is necessary for the proper use of the service or - also implicitly - intended.
In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, change, redesign, publish, on or to transfer, sell or license to third parties, as well as to enable third parties - even without the knowledge of the user - to carry out the specified actions via their own device.
Insofar as expressly stated on this website, the user may download, reproduce and/or distribute selected content available via this website for personal and non-commercial purposes only, provided that the copyright notices and any other notices requested by the provider are correctly attached.
Legal restrictions or exceptions remain unaffected.
Access to External Resources
Users may be able to access external resources provided by third parties through this website. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
The conditions under which such resources provided by third parties are available and under which rights to use such content, if any, are granted result from the contractual provisions of each third party or, alternatively, from the applicable statutory provisions.
Permitted Use
This website and the service may only be used as intended and in accordance with these GTC and in accordance with the applicable statutory provisions.
Users are responsible for ensuring that their access to this website and/or their use of the service does not violate any statutory provisions, ordinances or the rights of third parties.
Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as: B. Denying users access to this website or the service, terminating contracts, reporting objectionable actions taking place through this website or the service to the competent authorities - such as judicial or administrative authorities - if users can be proven or suspected:
- violate statutory provisions, ordinances or these General Terms and Conditions; or
- violate the rights of third parties; or
- significantly affect the legitimate interests of the provider; or
- offend the provider or a third party.
Software License
All rights to the software or technical solutions on which this website is based or embedded, integrated or connected thereto belong exclusively to the provider and/or its licensors.
Subject to the condition that the user adheres to these GTC and notwithstanding any deviating provisions of these GTC, the provider only grants the user a freely revocable, non-exclusive, non-sublicensable and non-transferable right to use the software and/or other integrated services solutions within the framework and for the purposes of the intended use of the service offered.
In particular, users are not granted any right to access the source code or to use or pass on the source code. Rights to all processes, algorithms and technical solutions contained in or used in the software and all associated documentation. are integrated belong exclusively to the provider or his licensors.
All granting of rights and granting of licenses are automatically void upon termination of the agreement - for whatever reason.
API Terms of Service
Users can access their data related to this website through the API interface (API). Any use of the API, including use of the API by a third-party product/service, is subject to these Terms and the following additional terms:
- The User acknowledges and expressly accepts that the Provider shall not be liable for any damages or losses resulting from the User's use of the API or the use of third party products/services that access data via the API.
TERMS OF SALE
Paid Products
Some of the products available through this website as part of the service are chargeable.
Prices, terms and other conditions applicable to the purchase of such products are described below. Otherwise, reference is made to this website and to the sections provided for this purpose.
Product description
Prices, descriptions and availability of products are available in the relevant sections of this website and are subject to change without notice.
Although products are presented on this website with the greatest possible technical care, representations of any kind (including graphic representation forms, images, colors, sounds) are for reference only and do not represent any guarantee as to the properties of the product purchased.
The characteristics of the selected product will be explained during the purchase process.
purchase process
All steps from selecting a product to placing an order are part of the purchase process.
The purchase process includes the following steps:
- The user selects the desired product from the range and, where provided, enters the desired quantity or properties so that the product appears in the product selection.
- Within the product selection, users can review, change, remove or add products and, if provided, give specific instructions (e.g. "send with a gift receipt").
- Users use the checkout button to be redirected to the checkout view.
- In the checkout view, users must enter their contact details, billing and delivery addresses and a shipping and payment method of their choice in successive steps.
- During the purchase process, users can change or correct the information provided at any time, add a gift voucher, referral code or discount code (coupon) or cancel the purchase process entirely without consequences.
- After providing all the required information, Users must carefully review their order and then confirm and submit it using the appropriate button or mechanism on the Service (this Website). The users thereby accept these GTC and undertake to pay the agreed purchase price.
placing the order
When the user places an order, the following applies:
- The contract is concluded when the order is placed. Placing an order therefore obliges the user to pay the price, taxes and any other fees and expenses as indicated on the order page.
- If the purchased product requires the active input of information, such as personal information or data, specifications or special requests, the placing of the order creates an obligation on the part of the user to cooperate accordingly.
- After placing the order, users receive a confirmation of receipt.
All notifications related to the purchase process described will be sent to the email address provided by the user for this purpose.
Prices
Users will be informed of all fees, taxes and charges (including any shipping costs) they will be responsible for during the purchase process and prior to placing the order.
The prices are displayed via this website as follows:
- either exclusive or inclusive of all applicable fees, taxes and costs, depending on which section the user is currently in.
Offers and discounts
The Provider may offer discounts or special offers for the purchase of Products. Such offers and discounts are always subject to the terms and conditions set out in the relevant section of this website.
Offers and discounts are always granted at the sole discretion of the provider.
Repeated or recurring offers or discounts do not create any claims/titles or rights that users may assert in the future.
Depending on the case, discounts or offers are only valid for a limited period of time or while stocks last. When an offer or discount is limited in time, unless otherwise noted, times are based on the vendor's time zone. This can be found in the relevant information provided by the provider in this document.
Coupons
Offers or discounts may be based on coupons.
In the event of a violation of the conditions applicable to coupons, the provider may lawfully refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or different rules for the use of the Coupons, which can be found on the relevant information page or the Coupon itself, always prevail.
Unless otherwise stated, the following rules apply to the use of coupons:
- Each Coupon is only valid if used in the manner and within the period specified on the Website and/or Coupon;
- A coupon can only be used in full and at the time of purchase - partial use is not permitted;
- Unless otherwise stated, single-use coupons may only be used once per purchase and therefore can only be used once even with installment purchases;
- Coupons cannot be used cumulatively;
- The coupon can only be redeemed within the period specified in the offer. After this period, the coupon expires automatically and excludes any possibility to assert the rights arising from the coupon, including a payout.
- User shall not be entitled to any credit/refund/compensation if there is a difference between the value of the coupon and the redeemed value;
- The coupon is for non-commercial use only. Any reproduction, counterfeiting and commercial dealing of the Coupon is prohibited, as is any illegal activity related to the purchase and/or use of the Coupon.
payment methods
Information on accepted payment methods will be provided during the purchase process.
Some payment methods may only be available subject to additional terms or fees. In these cases, you will find the relevant information in the relevant section of the Service (this website).
All payments are processed through third party providers. Therefore, this website does not collect any payment information - such as credit card details - but only receives a notification when the payment has been successfully completed.
If the payment via the available methods fails or is rejected by the payment service provider, the provider is not obliged to fulfill the order. Any costs or fees resulting from the failed or refused payment shall be borne by the user.
Virtual currency for exclusive use within this website
this website allows certain payments with a virtual currency. Unless otherwise stated, such virtual currency is not tradable, exchangeable or redeemable for any traditional currency, other digital currency, commodities or values.
By purchasing virtual currency, users acknowledge and understand that it can and may only be used through this website and only for the purposes expressly authorized by the provider as part of its services. Users also acknowledge and agree that such Virtual Currency may not be transferred, purchased, sold or exchanged outside of the Service.
Accordingly, users may not sub-license the virtual currency, trade in it, sell it for money or trade in it. try to sell them for money. Users may also not exchange the virtual currency for values of any kind. The virtual currency may only be used within the offer made available by the provider via this website. Any prohibited use or transaction mentioned above will be considered null and void and may result in legal action against the user.
In the event of contract or account termination for reasons attributable to the user, any unused virtual currency will be forfeited and no refund will be given.
Authorization for future PayPal payments
When users authorize the PayPal feature that enables future purchases, this website stores an identification code associated with the user's PayPal account. This authorizes this website to automatically process payments for future purchases or recurring installments of past purchases.
This authorization can be revoked at any time, either by contacting the provider or by changing the user settings at PayPal.
retention of title
The ordered products only become the property of the user upon receipt of payment of the entire purchase price by the provider.
delivery
Deliveries are made to the address indicated by the user and in the manner indicated in the order summary.
Upon delivery, the User must check the contents of the delivery and immediately report any discrepancies using the contact details provided in this document or as described in the delivery note. Users can refuse to accept the package if it is visibly damaged.
This website describes in the relevant section the countries or areas to which the goods will be delivered.
This website also describes the relevant delivery times, or alternatively these can be specified during the purchase process.
Unsuccessful delivery
The Provider shall not be liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the User, nor for damage or delays after handing over to the carrier if the latter has been commissioned by the User.
If the goods are not received at the specified time or collected within the specified period, the goods will be returned to the provider. In this case, the provider will contact the user to arrange a second delivery attempt or to discuss how to proceed.
Unless otherwise agreed, the user shall bear the costs for each additional delivery attempt from the second delivery attempt onwards.
user rights
right of withdrawal
Unless there are exceptions, the user can revoke the contract within the period specified below (usually 14 days) without giving reasons. In this section, users can learn more about the cancellation policy.
To whom the right of withdrawal applies
According to EU law, European consumers have a statutory right of cancellation for contracts that are concluded online (distance contracts). You can withdraw from the contract for any reason and without justification within the period applicable to your case. This right of withdrawal applies unless exceptions are listed below.
The rights set out in this section do not apply to users who are not acting as European consumers.
Exercise of the right of withdrawal
In order to exercise his right of withdrawal, the user must send the provider an unequivocal statement stating his decision to withdraw.
For this purpose, users can use the model withdrawal form found in the "Definitions" section of this document. However, users are free to express their decision to withdraw by means of an unequivocal statement in any other appropriate way. In order to meet the deadline to exercise this right, the user must submit the declaration of withdrawal before the expiry of the withdrawal period.
When does the cancellation period expire?
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When buying goods The cancellation period ends 14 days after the day on which the user or a third party named by him who is not the carrier comes into possession of the goods.
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When purchasing multiple items in one order, which are then delivered separately, the cancellation period ends 14 days after the day on which the user or a third party named by him who is not the carrier comes into possession of the last delivered goods, the last lot or the last part .
Effects of Revocation
Users who properly revoke a contract will be reimbursed for all payments made to the provider, including delivery costs where applicable.
However, the provider is not obliged to reimburse additional costs if the user has chosen a different type of delivery than the cheapest standard delivery offered by the provider.
The refund will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to withdraw from the contract. The provider makes the repayment using the same means of payment that the user used for the original transaction, unless something else was expressly agreed with the user. In any case, the user will not incur any costs or fees as a result of the refund.
...when buying goods
The user must return or hand over the goods to the provider or a person authorized by the latter to accept the goods without undue delay and in any case no later than 14 days from the day on which he informed the provider of his decision to withdraw from the contract, unless the supplier has offered to collect the goods himself.
The deadline is met if the user hands over the goods to the carrier before the expiry of the 14-day period or otherwise returns the goods as stated above. The provider can refuse the repayment until he has received the goods back or until the user has provided proof that he has sent back the goods, whichever is the earlier point in time.
The user is only liable for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.
The user bears the cost of returning the goods.
Statutory warranty law
Under EU law, traders are liable for the conformity of the goods they sell for a period of at least two years from delivery. Entrepreneurs must therefore ensure that the purchased goods have the promised or reasonably expected quality, functionality or properties for at least two years after delivery to the buyer.
For users acting as European consumers, goods available through this website are covered by the statutory warranty rights in accordance with the laws of their country of habitual residence.
The national laws of these countries may grant users more extensive rights.
For users who do not act as European consumers, the warranty rights of the country in which they have their habitual residence apply.
Liability and Indemnification
users in Australia
Limitation of Liability
Any warranty rights, conditions, guarantees, rights and remedies which users are entitled to under the Competition and Consumer Act 2010 (Cth) are entirely unaffected by the provisions of these Terms and Conditions. The same applies to any similar mandatory applicable state or local law that gives users mandatory rights. To the extent permitted by law, our liability towards users - including liability for violation of an indispensable right and any other liability not excluded by virtue of these GTC - is limited to supplementary performance or reimbursement of the costs incurred for the renewed provision of services at the reasonable discretion of the provider.
US users
Disclaimer of Warranties
This website is provided and made available solely on an "as is" and "as available" basis. Use of the service is at your own risk. Provider expressly disclaims all conditions, representations and warranties - whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement to the fullest extent permitted by law. Any advice or information, whether oral or written, that the User may obtain from the Provider or through the Service shall not create any guarantees, unless expressly stated.
Notwithstanding the foregoing, Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees make no warranties that the Content is reliable, accurate or correct; that the service meets the expectations of users; that the service will be uninterrupted or reliable at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any Content downloaded or otherwise obtained through use of the Service is downloaded at your own risk. Users shall be solely responsible for any damage to User's computer system or mobile device or loss of data resulting from such download or User's use of the Service.
The Provider does not guarantee or assume any responsibility for any products or services advertised or offered by any third party through the Service or through any hyperlinked website or service, nor does it endorse any such products or services. Transactions between users and third-party providers of products or services are neither mediated nor monitored by the provider.
The Service may become inaccessible or may not function properly with the user's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damage resulting from the content, operation or use of this service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to users. This Agreement gives Users specific rights, while you may have other rights depending on your jurisdiction. Exclusions and limitations of liability under the Agreement are void to the extent prohibited by applicable law.
Limitation of Liability
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To the fullest extent permitted by law, in no event shall Vendor and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
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any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss arising in connection with the Service or its unavailability; and
- any damage or loss resulting from hacking, tampering or other unauthorized access or use of the Service or User Account and the information contained therein;
- any errors, mistakes or inaccuracies in the content;
- Damage to persons or property of any kind resulting from access to or use of the Service by the User;
- any unauthorized access to the provider's backup servers and/or the personal information stored therein;
- any interruption or cessation of transmission to or through the Service;
- any bugs, viruses, Trojans or similar, which may be transmitted to or through the Service;
- any errors or omissions in content or for any loss or damage arising from the use of any content posted, emailed, transmitted or otherwise made available through the Service; and or
- the defamatory, abusive or illegal behavior of a user or a third party. Any liability of Vendor, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claim, revenue, liability, obligation, damage, loss or expense shall be limited to the amount paid under this agreement by the user to the provider in the previous 12 months or, whichever is less, over the entire term of this agreement between the provider and the user.
This limitation of liability applies to the maximum extent permitted by applicable law, whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if Provider has been advised of the possibility of such damage .
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. These GTC grant the user certain rights, while he may have other rights depending on the legal system. Exclusions and limitations of liability in the Terms and Conditions are void where prohibited by applicable law.
Damage payment
User agrees to indemnify and hold harmless Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including but not limited to legal fees and expenses, arising out of
- User's access to and use of the Service, including any data or content transmitted or received by User;
- User's breach of these T&Cs, including without limitation User's breach of any of the representations and warranties contained in these T&Cs;
- User's violation of the rights of any third party, including but not limited to privacy rights or intellectual property rights;
- the violation of legal regulations, rules or regulations by the user;
- any content transmitted from the user account, including in the event of access by a third party using the user's username, password or other security measures - if any - and including misleading, false or inaccurate information;
- the alleged misconduct of the user; or
- violation of any law by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the fullest extent permitted by applicable law.
Common Provisions
No Waiver
Provider's failure to assert any right under these GTC or to enforce any provision of these GTC shall not constitute a waiver of such right or provision. No waiver will be deemed a further or continuing waiver.
Service Interruption
In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will inform the users appropriately.
Within the framework of the legal provisions, the provider can also decide to suspend or terminate the service altogether. In the event of termination of the service, the provider will cooperate with users to enable them to delete personal data or information in accordance with the applicable law.
In addition, the Service may be unavailable for reasons beyond Provider's control, such as "force majeure" (e.g. industrial action, infrastructure or power outages, etc.).
resale
Users may not reproduce, duplicate, copy, sell, resell, or exploit this website and the Service in any manner without the express prior written permission of Provider, either granted directly or through a legitimate reseller program.
Data protection
To learn more about the use of their personal data, users can consult the privacy policy of the service (this website).
Intellectual Property Rights
Without prejudice to more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyright, trademark rights, patent rights and design rights related to the Service (this website) are the exclusive property of the Provider or its licensors and are protected by the applicable law or international treaties relating to intellectual property Property.
All trademarks, name or design marks - and any other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this Website) are and will remain the exclusive property of Provider or its licensors and are subject to it the protection of applicable law or international treaties relating to intellectual property.
Changes to these Terms and Conditions
The provider reserves the right to change or otherwise modify these GTC at any time. In this case, the provider will adequately inform the user about these changes.
Such changes only affect the relationship with the user for the future.
By continuing to use the service, the user accepts the amended terms and conditions. If users do not want to be bound by the changes, they must stop using the service. If the revised terms are not accepted, either party may terminate the contract.
The respectively valid previous version of the General Terms and Conditions applies to the relationship before the user accepts the changes. The user can obtain any previous version of the GTC from the provider.
If required by the applicable law, the provider will indicate the date from which the amended GTC will apply.
Assignment of Rights and Obligations
The provider reserves the right, taking into account the legitimate interests of the user, to transfer, assign, replace with novation or pass on all rights and obligations under these GTC.
The provisions on changes to the GTC apply accordingly.
Users may not assign or transfer their rights or obligations under the Terms and Conditions in any way without the written consent of the Provider.
Contact
All communications related to the use of the Service (this website) must be sent to the contact details provided in this document.
Severability Clause
Should any provision of these GTC be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US users
Any such invalid or unenforceable provision will be interpreted and modified to the extent that it is effective, enforceable and consistent with its original purpose. These GTC represent the entire agreement between users and the provider on the subject matter of the contract and take precedence over all further communications between the parties on the same subject matter, including any older agreements.
These Terms and Conditions will be enforced to the fullest extent permitted by law.
EU users
If any provision of these GTC is or is deemed to be invalid, or is or is deemed to be invalid, the parties will use their best endeavors to reach an amicable agreement on valid and enforceable provisions and thus the invalid, invalid or not replace enforceable parts.
Otherwise, the invalid, void or unenforceable provisions will be replaced by the applicable statutory provisions, to the extent permitted or provided for by the applicable law.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of any provision of these GTC shall not nullify the Agreement as a whole, unless such provisions are essential to the Agreement or provisions of such importance that the parties would not have entered into the Agreement if they would have known of the invalidity of the provision. If the remaining conditions would lead to an unreasonable hardship for one of the parties, the nullity of the individual provision will result in the nullity of the entire agreement.
Applicable Law
These GTC are subject to the law of the place where the provider has its registered office, with the exception of conflict of laws provisions. The indication of the registered office can be found in the relevant section of this document.
Exception for European consumers
Irrespective of this, for users who act as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection, that higher standard applies.
place of jurisdiction
The courts of the place where the provider has its registered office - as it results from the information in this document - have exclusive jurisdiction for all disputes arising from or in connection with these GTC.
Exception for European consumers
This does not apply to users who act as European consumers, nor to users who act as consumers and have their place of residence in Switzerland, Norway or Iceland.
UK consumers
Consumers resident in England and Wales may bring claims in connection with these Terms and Conditions in the courts of England and Wales. Consumers resident in Scotland may bring claims in connection with these Terms and Conditions in the courts of Scotland or England. Consumers resident in Northern Ireland may bring claims in connection with these Terms and Conditions in the courts of Northern Ireland and England.
US users
Each party specifically waives the right to a trial by jury in any court and for any claim or dispute. Claims from these terms and conditions must be asserted individually. The parties are waiving their ability to join a class action or other proceeding.