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Terms & Conditions
§ 1 Scope
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via the Online Shop (webshop.smile.co.at or smile.co.at or souvenirworld.com) or in other countries.
(2) The customer acknowledges these GTC and agrees to them as soon as he places an order. An inclusion of general terms and conditions or contractual conditions of the customer.
§ 2 Conclusion of contract
(1) The offers of the online shop represent a non-binding invitation to the customer to order goods. The order placed by the customer for the desired goods represents
(2) The conclusion of a contract in the online shop takes place according to the following provisions:
The customer’s order constitutes an offer. A contract is only concluded after acceptance by sending an order confirmation by “souvenirworld” Handels GmbH.
In order to be able to view the offer for commercial customers in the webshop, the customer must first register as a commercial customer. This can be done in the corresponding form in the online shop (customer registry)
As soon as the order process is completed, the customer will be notified. This does not yet constitute acceptance of the customer’s offer by “souvenirworld” Handels GmbH.
If the order is accepted by “souvenirworld” Handels GmbH, the customer will receive an e-mail order confirmation as confirmation of acceptance within 14 calendar days or the
(3) “souvenirworld” Handels GmbH is entitled to partial deliveries and partial services at any time, unless the partial delivery or partial service has been expressly excluded in writing in advance.
§ 3 Terms of payment
(1) Invoices of “souvenirworld” Handels GmbH are payable within 30 days of invoicing. If payment is made within 10 days, “souvenirworld”
(2) In the event of default in payment, default interest of 11% p.a. shall apply. EUR 6,– in reminder fees will be charged per required reminder attempt, After two unsuccessful reminder attempts, the outstanding amount will be charged to the
(3) If it becomes apparent after conclusion of the contract that the payment of the purchase price is endangered by the customer’s inability to pay, we shall be liable in accordance with § 1052 ABGB (Austrian Civil Code).
§ 4 Invoicing
(1) Invoices will be sent electronically as a PDF document to the e-mail address provided by you. The invoice will not be sent by post.
(2) The customer is responsible for ensuring that an electronic sending of the invoice by e-mail can take place properly and has in particular technical equipment such as filter program
(3) The customer must immediately notify in writing of any changes to his email address to which the invoices are to be delivered. Until then, invoices shall be sent to the
§ 5 Shipping costs
(1) The ordered goods are shipped from an order value of EUR 500,– net free domicile ex warehouse to the delivery address specified by the customer. Under one order
(2) Shipment is carried out by parcel service, post or forwarding agent. With the handover to the carrier, risk and risk pass to the customer.
(3) Depending on the country of delivery, customs duties may be subject to
§ 6 Offsetting, right of retention
Offsetting or other forms of offsetting are not permitted without the express written consent of “souvenirworld” Handels GmbH.
§ 7 Delivery period, delay in delivery and limitation of liability
(1) The delivery dates or deadlines are generally non-binding information, unless they have been expressly agreed as binding.
(2) In the event that binding delivery dates and deadlines have been agreed upon and these cannot be met even after a reasonable grace period has been set, the liability of “souvenirworld” Handels GmbH shall be excluded if the delay in delivery or performance is due to a case of force majeure or events for which “souvenirworld” Handels GmbH is not responsible.
In all other cases, any liability shall be limited to five percent of the invoice value of the delivery or service affected by the delay.
§ 8 Delivery, Transfer of Risk, Acceptance, Default of Acceptance
(1) Delivery shall be made ex warehouse of “souvenirworld” Handels GmbH, which is agreed to be the place of performance. At the customer’s request, the goods shall be shipped to another destination.
(2) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
(3) If the customer is in default of acceptance, fails to cooperate in any other way or if the delivery is delayed for other reasons for which the customer is responsible, “souvenirworld” Handels GmbH shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs).
§ 9 Retention of title
All deliveries are made under reservation of title. Until payment of all claims arising from the respective purchase contract, “souvenirworld” Handels
GmbH retains title to its deliveries of goods.
§ 10 Material reservations, color designations and size specifications
(1) Most of the articles offered by us are made entirely or predominantly of cotton. Cotton is an agriculturally produced natural product and as such is highly dependent on the soil conditions, climate and weather of the region. Production facilities usually process not only cotton from their own region, but are forced to buy cotton or cotton yarns from other areas, sometimes other countries or even continents. The varying nature due to natural circumstances affects the color behavior, basis weight, elasticity, as well as washing behavior. These variations in coloration, weight and other properties are common and therefore do not constitute grounds for complaint.
(2) Actual deviations in size and color therefore do not generally constitute grounds for claims for defects as long as the delivered goods correspond to the ordered size (e.g. L) and color (e.g. red). A return of goods permitted under § 13 shall remain unaffected.
(3) If the textile labels of different pieces of the same article differ from each other due to changes made by the manufacturer (e.g. in layout, size), this shall not constitute grounds for complaint and shall therefore not generally give rise to any claims for defects.
§ 11 Warranty claims of the customer
(1) Warranty claims of the customer require that the customer has fulfilled its statutory obligations to examine the goods and to give notice of defects (§ 377 UGB). Complaints about obvious defects must be made immediately, at the latest within 7 working days, and in the case of hidden defects immediately after they become known, but at the latest within one year of delivery. Goods intended for finishing (embroidery, printing or similar) must be inspected in advance by the customer or the finishing company commissioned by the customer for any defects.
(2) The improvement of any defects shall be carried out at the discretion of “souvenirworld” Handels GmbH either by remedying the defect (rectification) or delivery of a defect-free item (replacement). During the improvement the customer shall not be entitled to reduce the purchase price or to withdraw from the contract.
(3) Claims for damages due to a defect can only be asserted if the improvement has failed.
§ 12 Other liability
(1) Insofar as nothing to the contrary arises from these GTC including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) We shall only be liable for damages – irrespective of the legal grounds – in the event of intent and gross negligence.
§ 13 Warenrücksendung
(1) We guarantee a right of return of 8 days for defective, unused goods. The return period is granted by sending the goods in time (invoice date). A return, because for example the color does not please or the size or the motive were not correctly selected is impossible, since each textile is produced exactly after customer’s request in the ordered size, on the selected textile type and in the ordered color individually. With all the possible combinations, that’s about 150,000 different individual textile productions that can’t be returned to active sales.
§ 14 Statute of Limitations
(1) The mutual claims of the contracting parties shall become statute-barred in accordance with the statutory provisions, unless otherwise stipulated below.
(2) In deviation from § 933 ABGB (Austrian Civil Code), the general limitation period for warranty claims shall be one year from delivery in accordance with § 8 para. 2 GTC.
§ 15 Copyrights, consent pursuant to §174 TKG and data protection
(1) “souvenirworld” Handels GmbH and/or its suppliers have license or copyrights to all images, films and texts published on the website. Use of the images, films and texts is not permitted without the express consent of “souvenirworld” Handels GmbH. This material/data may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including e-mail and other electronic means. Without prior written consent, modification of the data, information and material, their use on other websites or on computer environments connected by network, as well as their use for other than personal, non-commercial purposes is a violation of copyrights, trademarks and other proprietary rights and therefore prohibited. Criminal prosecution in case of copyright infringement is reserved by “souvenirworld” Handels GmbH. If necessary, an advertising agreement must be concluded with “souvenirworld” Handels GmbH in advance.
(2) The customer agrees to receive messages from “souvenirworld” Handels GmbH or from companies commissioned by “souvenirworld” Handels GmbH for advertising purposes according to § 174 of the Telecommunications Act (TKG). This consent can be revoked by the customer at any time.
(3) “souvenirworld” Handels GmbH assures to observe relevant legal standards when collecting, processing and using personal data of the customer. Only the data required for the use of a service will be collected and stored. Personal data will be treated confidentially. They will only be disclosed to third parties if this is necessary for the purpose of processing the contract.
§ 16 Choice of Law and Place of Jurisdiction
(1) It is expressly and exclusively agreed that Austrian substantive law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the court having subject-matter jurisdiction for our place of business. However, we shall also be entitled to bring an action at the customer’s general place of jurisdiction.
§ 17 Severability clause
Should individual provisions of these GTC be or become invalid in whole or in part, or should they contain a regulatory gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. It is the express intention of the parties to maintain the validity of the remaining contractual provisions under all circumstances. The invalid or missing provisions shall be replaced by the respective statutory provisions.