TERMS OF SERVICE
My Poppies GmbH
Version 1/2015
1. General
1.1. Conditions
My Poppies GmbH operates the website www.mypoppies.com. The contractual partner of My Poppies GmbH is called “customer”. These General Terms and Conditions are called “Terms and Conditions” for short. These terms and conditions govern the sale of products by My Poppies GmbH to the customer via the website www.mypoppies.com. As soon as the customer uses services on the website www.mypoppies.com, he agrees to be bound by these terms and conditions.
1.2. Preamble: Business, Business Unit of My Poppies GmbH
The My Poppies GmbH operates the trade of poppy seed products, in particular poppy seed capsules. The trade and sale of poppy seed pods is exclusively for the use of poppy seed capsules as a decorative object. The customer hereby expressly declares to be bound by the following terms and conditions and undertakes with the conclusion of each purchase contract with My Poppies GmbH for the purchase of poppy pods, not to use them abusively, but exclusively as decorative objects. The My Poppies GmbH sells the poppy capsules exclusively as a decorative object and prohibits the customer any other, in particular abusive use.
2. Validity of the Terms and Conditions
These terms and conditions apply to the extent that in individual cases not expressly deviations are agreed, and not only in that business case in which an explicit agreement is made about them, but also for all other business transactions with the customer.
My Poppies GmbH reserves the right to change the terms and conditions. Changed terms and conditions apply from the time of first use to the customer.
Conflicting terms and conditions of the customer are not accepted and are not part of the contract, they are on the part of My Poppies GmbH as contradicted, even if this is not particularly expressed in individual cases.
3. Data Processing, Data Protection and Electronic Communication
The customer expressly agrees to the inclusion of his data and electronic data processing.
If the customer uses a service of My Poppies GmbH and sends e-mails to My Poppies GmbH, the customer communicates electronically with My Poppies GmbH. My Poppies GmbH will communicate with the customer via e-mail or by posting references to the website or other electronic services of My Poppies GmbH. For contractual purposes, the customer agrees to receive electronic communications from My Poppies GmbH. The customer further agrees that all consents, notifications, publications and other communication that My Poppies GmbH electronically notify the customer in writing requires unless otherwise required by mandatory law requires a different form of communication.
4. Offers
All offers of My Poppies GmbH on the website www.mypoppies.com are non-binding, unless they are expressly designated as binding.
5. Contract Conclusion
Contracts between My Poppies GmbH and the customer are only concluded when the product is dispatched by My Poppies GmbH.
The content of the shipping confirmation irrefutably reflects the entire contents of the agreement, unless the customer objects immediately after receipt.
The customer’s order thus represents a mere offer to the My Poppies GmbH to conclude a purchase contract. If the customer places an order with My Poppies GmbH, My Poppies GmbH will send the customer an e-mail confirming receipt of the order Customers at My Poppies GmbH confirmed and their details listed (order confirmation). This order confirmation does not represent an acceptance of the customer’s offer, but merely informs the customer that his order has been received by My Poppies GmbH. A purchase contract is only concluded when My Poppies GmbH sends the ordered product to the customer and confirms the shipment with a second e-mail (shipping confirmation). If the customer’s order is shipped in more than one package, it may happen that the customer receives a separate shipping confirmation for each package. In this case, a separate contract of sale between My Poppies GmbH regarding the products listed in the respective shipping confirmation is concluded with respect to each shipping confirmation.
The customer agrees that he receives the invoices electronically. Electronic invoices are made available to the customer in PDF format.
For private customers, all products are sold only in normal household quantities. This refers both to the number of products ordered as part of an order and to the abandonment of multiple orders for the same product, where each order includes a common household quantity. For corporate customers, this restriction does not apply if appropriately identified as a corporate customer.
6. Prices
The products of My Poppies GmbH are defined in terms of poppy capsules via packaging units. Each packaging unit of the poppy capsules is determined by weight. The prices refer to the respective packaging unit.
The prices indicated by My Poppies GmbH are carriage paid, but inclusive of applicable VAT. The shipping costs are shown separately for the respective destination of the product and charged.
The product is shipped via General Logistics Systems Austria GmbH (here in after referred to as GLS GmbH) based in Ansfelden (FN 75418 i Landesgericht Linz). The customer expressly agrees with this shipping method.
If the customer requires a special shipping method that results in higher costs, then My Poppies GmbH is entitled to charge further such additional costs.
The costs of a possible transport insurance are not included in the prices. If the customer wants insurance, he must cover it himself.
7. Payment
The customer must pay the purchase price stated in the order confirmation in advance to My Poppies GmbH by cash in advance, bank transfer or by credit card. Only after payment has been received will My Poppies GmbH begin shipping. All products remain the property of My Poppies GmbH (retention of title) until full payment.
8. Delivery
8.1. Delivery
Unless otherwise agreed, the delivery will be made to the delivery address specified by the customer. If, during the processing of the customer’s order, My Poppies GmbH determines that the products ordered by the customer are no longer available, the customer will be informed separately by e-mail.
By handing over the product ordered by the customer to GLS GmbH or to another transport company expressly named by the customer, My Poppies GmbH has fulfilled its contractual obligations and shall no longer be liable for any risks and coincidences, should the goods be delivered to the customer perish.
As far as a delivery to the customer is not possible because the delivered goods for reasons that are in the sphere of the customer, can not be delivered or because the customer is not found at the delivery address specified by him, although the delivery time to the customer with appropriate Deadline has been announced, the customer bears the cost of unsuccessful delivery.
8.2. Delivery Times
Unless otherwise agreed, all delivery times are non-binding for My Poppies GmbH in as much as My Poppies GmbH is entitled to claim a reasonable extension of delivery periods if this is necessary due to external circumstances.
Otherwise, the products ordered by the customer will be shipped at the latest within 5 working days from the receipt of full payment received by My Poppies GmbH for the products ordered by the customer.
9. Deviations
9.1. Nature
Customary deviations in the nature of the goods are not considered defects
9.2. Amounts
A piece-accurate delivery of packaging units is only with explicit agreement as promised. Even in the case of a piece-by-piece delivery agreement, My Poppies GmbH is not responsible for minor counting and sorting defects.
10. Defects
Open defects of the goods delivered by My Poppies GmbH must be reported in writing immediately, but no later than within 5 working days after receipt of the product, concealed defects within the same period from the first occurrence.
The My Poppies GmbH is to give the opportunity to examine the alleged defects.
My Poppies GmbH also has the right, at its own option, to remedy any defects by improving or replacing the delivered product or to grant the customer a reasonable discount.
Only in case of failure of improvement or exchange within a reasonable period, the customer can claim price reduction or conversion.
Warranty claims exist exclusively with regard to that part of the delivered product which is affected by the defect, and in particular do not entitle the customer to reduce the price or convert it to items delivered free of defects.
11. Applicable Law, Jurisdiction
All transactions of My Poppies GmbH shall be governed exclusively by Austrian law, but unless otherwise agreed, this shall be expressly excluded from the provisions of the UN Sales Convention.
For all disputes arising from or in connection with legal transactions of My Poppies GmbH, the exclusive jurisdiction of the relevant court at the headquarters of My Poppies GmbH in 1040 Vienna is agreed. However, My Poppies GmbH has the right to assert its claims at another place of jurisdiction, provided that a decision of the agreed court would not be enforceable by the customer.
12. Final Provisions
Amendments or additions to contracts between My Poppies GmbH and the customer require the written form to be effective. Both sides waive in advance to depart from this formality other than by written agreement.
Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Both sides undertake to apply an effective substitute provision which is as far as possible appropriate to the meaning of the ineffective provision.
13. Contact Information Of My Poppies GmbH
The website www.mypoppies.com is operated by My Poppies GmbH. My Poppies GmbH is a limited liability company registered in Vienna with FN433853w and is headquartered in Vienna.
The contact details are:
My Poppies GmbH
Managing Director: Paul Baumühlner
Address: 1040 Vienna, Karolinengasse 33/6
E: office@mypoppies.com
W: www.mypoppies.com
UID number: ATU69779769
