Terms of service

General Terms and Conditions

The following terms regulate the business relationship between luftballon.at and its customers, facilitating the swift 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 customer confirms that they are aware of these General Terms and Conditions, expressly acknowledges them, and accepts them as part of the contract. Silence from the customer will be considered as consent. Terms and conditions or other business conditions of the customer are invalid and excluded for this transaction and the entire business relationship. Any supplementary agreements or changes to the business terms require written form. Offers by the contractor are non-binding and do not obligate them to execute. Cost estimates are always non-binding. Orders placed by the customer are binding and legally valid to the extent specified by the customer.

2. Order
   Orders are binding for luftballon.at upon receipt of a definitive written order from the customer, with which the customer simultaneously agrees to the General Terms and Conditions. Amendments to orders also require written form. The contractor reserves the right to reject orders without giving reasons. Cancellation of an order must be made in writing. The timeliness of the cancellation is determined by the date the written notice is received by the contractor. The fee for services rendered until the cancellation notice is received is immediately due. All copyright remains with the contractor.

3. Payments
   Payments are due immediately upon receipt of delivery, unless otherwise agreed. For orders over €300, a deposit (50% of the total order value) is required, and the balance is due immediately after receipt of delivery. Special conditions are available upon request. Only payments made directly to the contractor will be recognized. If the customer fails to meet the agreed payment deadlines, they must pay default interest (at least 12% per annum) from the due date without special reminder. Until the full purchase price is paid, luftballon.at retains ownership of the purchased item. If payment conditions are not met, the contractor has the right to refuse execution of the order, and the fee for services already rendered becomes immediately due. The customer agrees to compensate the contractor for any damages incurred due to payment delay, including costs arising from out-of-court collections.

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

5. Retention of Title
   The contractor retains ownership of the goods until full payment is received. The customer is not entitled to transfer ownership, pledge, or otherwise dispose of the goods.

6. Pickup/Delivery
   Unless otherwise expressly agreed, the fulfillment location is the contractor's warehouse. If the goods are not picked up by the customer or a person authorized by them, delivery will be made uninsured at the customer's risk and expense. The risk passes to the customer once the goods are handed over to the carrier or the person appointed by the contractor or carrier, or at the point when the contractor is ready to ship. Any transportation damage, loss, or other damage is borne by the customer or the recipient designated by them. All shipping or transportation-related costs (including any return shipping to the contractor) are to be paid by the customer. The delivery period is based on the conditions existing at the time of the contract conclusion concerning the conditions that apply to luftballon.at with respect to its suppliers. It is not binding, and luftballon.at reserves the right to extend it by up to 30 days. After this period, the customer is entitled to withdraw from the contract. In case of late payment of the 50% deposit for orders over €350, the contractor is entitled to extend the delivery date by the duration of the delay.

7. Liability
   All orders will be executed with the utmost care and according to the latest technology. Should damage occur, the contractor is liable only for willful or grossly negligent actions, and only up to the material value of the damage. Claims for compensation are not valid for errors arising from ambiguous, inaccurate, or incomplete information provided at the time of the order. The contractor acknowledges that one or more subcontractors or suppliers may be engaged, but the contractor assumes no liability for any damages, delays, or warranty claims resulting from the actions of these companies. Force majeure (natural disasters, extreme weather conditions such as storms, cold, and rain periods, closed roads, traffic accidents, road blockages due to demonstrations, etc.) exempts the contractor from all liability. Claims for consequential damages are excluded. The contractor does not guarantee that the objects announced under the contract will remain operational throughout the agreed term, or that the announcements will remain visible. Temporary limitations or disruptions, regardless of cause, do not affect the use of the advertising medium and do not entitle the customer to request a partial refund or claim any other compensation. No liability is accepted for changes in the color of the advertising medium due to the use of certain (ordered) colors or due to weather conditions. The responsibility for the form and content of the advertising medium and compliance with official regulations lies solely with the customer.

8. Customer
   In the course of the business relationship, the following customer information (title, name, address) will be stored for customer records, sending informational material, and billing purposes. The provided data will be transmitted only within the scope of payment processing. Any other form of transmission requires the customer's separate consent. The customer's personal data will be used and disclosed only as legally permitted. The customer is responsible for safety measures concerning the installation of the purchased object (e.g., the stability of the installation, permanent monitoring, location choice with regard to public and private traffic, etc.). All copyright for objects produced by luftballon.at remains with the contractor. Subletting or transferring rented advertising media to third parties is prohibited.

9. Warranty
   luftballon.at provides an unlimited warranty on all purchased objects for 30 days after receipt, covering material and manufacturing defects, with free repair or replacement. It is recommended to check the items immediately upon receipt. Damage resulting from improper handling, failure to follow instructions, third-party intervention, natural wear and tear, or force majeure is not covered under warranty.

10. Jurisdiction
    The jurisdiction is Vienna.

11. Miscellaneous
    The place of business of luftballon.at is the fulfillment location for both parties' obligations, and the place of enforcement for customers domiciled abroad. The legal relationship between the customer and luftballon.at is governed by Austrian law. Invalidity of individual provisions does not affect the validity of the remaining provisions.

General Rental Conditions for our Rental Objects:

• The rental object remains the property of the lessor. The renter may not remove any identifying marks, sell, pledge, gift, sublease, or otherwise transfer the rental object to third parties.
• Upon taking possession of the rental object, the renter will receive a delivery or receipt confirmation in the form of a delivery note. The renter is obligated to return the rental object in the same proper condition in which it was received, considering normal wear and tear.
• The renter is liable to the lessor for any loss, damage, or total loss of the rental object from the time of delivery until its return, regardless of fault, including force majeure. A rental object not returned in proper condition will be immediately repaired by the lessor at the renter’s expense.
• The rental object is not insured by the lessor. The renter must verify the condition and suitability of the rental object upon receipt. The rental object is rented as-is, and no claims regarding its condition or suitability for the intended purpose are accepted. The lessor is not liable for direct or indirect damages caused to the renter or third parties by the rental object. The renter is required to indemnify the lessor against any third-party claims.
• Fees, taxes, or charges arising from the rental contract, possession, or use of the rental object are to be borne by the renter. The rent and any other charges under this contract are payable immediately upon receipt of the invoice. The rental cost is invoiced with 50% of the order volume for €350 orders (with payment receipt confirming the reservation; if payment is delayed, the lessor is not bound to the agreed rental start date), and the remaining balance is due upon delivery of the rental object. In case of delayed payment, the lessor is entitled to demand the immediate return of the rental object or to take possession of it, even against the will of the renter.
• Rental claims may not be offset with any counterclaims. The renter expressly waives any right to lien or retention on the rental object.
• The rental period starts on the agreed date and ends at the expiration of the agreed rental period. However, the renter's obligations, including payment of the agreed rent, do not end until the rental object is returned to the agreed depot or restored to its proper condition. In case of loss of the rental object, the renter must pay the replacement value to the lessor. The return of the rental object is confirmed by a signed handover/receipt note from both parties.
• The lessor is only liable for the timely provision of the rental object if the deposit is paid on time.
• Invalidity of individual conditions does not affect the validity of the remaining provisions.
• Deviating agreements require written form.
• Jurisdiction for claims arising from or in connection with this contract is Vienna.
• Austrian law applies.