Conditions

General terms and conditions of business
The following conditions regulate the business relationships with the customers of luftballon.at and thus facilitate the rapid and cost-effective processing of orders.

1. Scope of the contract
All orders are subject to these general terms and conditions. By placing an order, the client confirms that he is aware of these general terms and conditions, expressly acknowledges them and accepts them in their entirety as part of the contract. Silence on the part of the client is deemed to constitute consent. Contractual terms or other terms and conditions of the client are invalid and are therefore excluded from the legal transaction in question and the entire business relationship. Any additional agreements or changes to the terms and conditions must be made in writing. Offers from the contractor are subject to change and do not oblige him to carry them out. Cost estimates are non-binding in all cases. Orders from the client are binding and become legally valid to the extent specified by the client.

2. Order
Orders are binding for luftballon.at when the order is definitively placed in writing, whereby the customer also agrees to the general terms and conditions. Changes to orders must also be made in writing. The contractor reserves the right to reject orders without giving reasons. Cancellation of an order must be made in writing. The date of receipt of the letter by the contractor is the date of timeliness. The fee for services that have already been provided by the time the cancellation is received is due immediately. All copyrights remain with the contractor.

3. Payments
Payments are due immediately upon receipt of delivery, unless otherwise agreed. For orders of €300 or more, a deposit is required (half of the total order volume), and the remaining amount is paid promptly upon receipt of delivery. Special conditions available on request. Only payments made directly to the contractor will be accepted. If the buyer does not meet the agreed payment dates, he must pay a default interest rate (at least 12% pa) from the due date without special reminder. As long as the purchase price has not been paid in full, luftballon.at retains ownership of the purchased object. If the payment conditions are not met, the contractor has the right not to carry out the order, whereby the fee for services, if they have already been provided, is due immediately. In the event of late payment, the client undertakes to compensate the contractor for any damage caused as a result, in particular the costs incurred by extrajudicial collection.

4. Prices
All prices are in euros, including VAT (and local notification fee, if required) unless otherwise stated. Prices deviating from the price lists only apply to the specific order. Costs for customs, shipping and special packaging are borne by the customer.

5. Retention of title
The contractor's goods remain the property of the contractor until the client has paid the full amount. The client is therefore not entitled to transfer ownership, pledge them or otherwise pass them on.

6. Collection/Delivery
Unless otherwise expressly agreed, the place of performance is the contractor's warehouse. If the goods are not picked up by the customer or a person commissioned by him, the goods will be delivered uninsured at the customer's expense and risk. When the goods are shipped, the risk is transferred to the customer when they are handed over to the transport company or to the person who collects the goods on behalf of the contractor or the transport company, but at the latest when the contractor is ready for dispatch. Transport damage, loss or other damage must be borne by the customer or the recipient named by him. All costs associated with shipping or transport (including return transport to the contractor) must be paid by the customer. The delivery period is set according to the conditions existing at the time the contract is concluded with regard to the conditions that apply to luftballon.at with its suppliers. It is not binding and luftballon.at reserves the right to extend it by a maximum of 30 days. After this period has expired, the buyer is entitled to withdraw from the contract. In case of late receipt of the 50% deposit when placing an order for €350 or more, the contractor is entitled to extend the delivery date by the amount of the delay.

7. Liability
All orders are carried out with the greatest care and in accordance with the latest state of the art technology. Should damage nevertheless occur, the contractor is liable for himself and his employees, but only for deliberate and grossly negligent actions and only up to the value of the material. Errors that arise as a result of misleading, inaccurate or incomplete information when the order is placed do not entitle the contractor to claims for compensation. The contractor acknowledges that one or more subcontractors or suppliers may be commissioned until completion, whereby the contractor assumes no liability for any damage, delays or warranty claims for which these companies are responsible. Force majeure (natural disasters, exceptional weather conditions such as storms, cold and rainy periods, closed roads, traffic accidents, traffic jams due to demonstrations, etc.) release the contractor from all liability. The assertion of consequential damages is excluded. The contractor assumes no liability for the objects provided with the announcements after the order has been placed being in operation continuously during the agreed period and that the announcements are visible. Restrictions or disruptions of a temporary nature, of whatever nature and for whatever reason, do not affect the use of the advertising medium and do not entitle the client to demand a refund of part of the fee or to demand other compensation or indemnification. No liability is accepted for changes in the color of the advertising medium as a result of the use of certain (commissioned) colors or as a result of weather influences. The client alone bears responsibility for the form and content of the advertising medium(s) and for compliance with official regulations.

8. Client
In connection with the business relationship between the client and the contractor, the title, name and address listed below are stored for the purpose of customer records, sending information material and for accounting purposes via the client. The data provided is only transmitted as part of payment transactions. Any other form of transmission requires the separate consent of the client. The client's personal data is only used and passed on to the extent permitted by law. The client is responsible for the safety measures to be taken when attaching the purchased object (stability of the attachment, permanent observation, choice of location with consideration for public and private traffic, etc.). All copyrights for all objects produced by luftballon.at remain with the contractor. Subletting or passing on rented advertising media to third parties is not permitted.

9. Warranty
luftballon.at provides an unlimited guarantee on all purchased items for 30 days after receipt of the purchased item, meaning that in the event of material or manufacturing defects, repairs or equivalent replacements will be carried out free of charge. We therefore recommend that you check the item carefully immediately upon receipt. Damage caused by improper handling, failure to follow the instructions for use, intervention by third parties, natural wear and tear, the use of force or force majeure are not covered by the guarantee.

10. Place of jurisdiction
The place of jurisdiction is Vienna.

11. Miscellaneous
The business premises of luftballon.at are the place of performance for the mutual obligations, as well as the place of enforcement for buyers domiciled abroad. The legal relationships between the buyer and luftballon.at are subject to Austrian law. The invalidity of individual conditions does not affect the validity of the remaining provisions.
General rental conditions for our rental properties:

• The rental property is and remains the property of the landlord. The tenant may not remove any markings attached to the rental property, sell, pawn, give away, sublet or otherwise transfer the rental property to third parties.
• When taking over the rental property, the tenant will be given a handover or receipt confirmation in the form of a delivery note.
  The tenant is obliged to return the rental property – taking normal wear and tear into account – in the same proper condition in which he received it.
• The tenant is liable to the landlord, regardless of fault or cause, including in the event of force majeure, for loss, destruction or damage, up to and including total failure of the rental property between the time it is made available for collection and the time it is returned to the deposit. A rental property that is not returned in proper condition will be repaired immediately by the landlord at the tenant's expense.
• The rental property is not insured by the landlord.
  The tenant checks the condition and suitability of the rental property upon taking over. The rental property is rented in the condition in which it actually is; any claims that the rental property is not in the condition required by the tenant or does not correspond to the intended purpose are excluded. The landlord is not liable for any indirect or direct damage caused to the tenant or third parties by the rental property, regardless of the nature of the damage. The tenant is obliged to indemnify and hold the landlord harmless against all claims from third parties.
• Any fees, taxes or charges levied as a result of the rental agreement, possession or use of the rental property shall be borne by the tenant.
  The rent and other claims arising from this contract are to be paid immediately after receipt of the invoice without any deductions. The rental costs are charged at 50% of the order volume for orders of €350 (the reservation is considered confirmed upon receipt of payment; if payment is received late, the landlord is no longer bound to the agreed rental start date), the remaining amount is due upon delivery of the rental item. If the tenant defaults on payment, the landlord is entitled to demand immediate return of the rental item or to take possession of the rental item at any time, even without or against the will of the tenant.
• Rental claims may not be offset against any counterclaims. The tenant expressly waives the right to exercise a lien or retention right on the rental property.
• The rental period begins on the agreed day and ends at the end of the agreed rental period. The tenant's obligations, including payment of the agreed rental rate, only end when the rental property is returned to the agreed deposit or when it has been restored to its proper condition. If the rental property is lost, the landlord receives the replacement value. The handover/acceptance confirmation signed by both parties serves as proof of return.
• The landlord is only liable for making the rental property available on time if the deposit is paid on time.
• The invalidity of individual provisions shall not affect the validity of the remaining provisions.
• Deviating agreements must be in writing.
• The place of jurisdiction for claims arising from or in connection with this contract is Vienna.
• Austrian law applies.