Terms of service
GENERAL TERMS AND CONDITIONS
My Poppies GmbH
1. General
1.1. GTC
My Poppies GmbH operates the website www.mypoppies.com. The contractual partner of My Poppies GmbH is referred to as the “Customer.” These General Terms and Conditions are hereinafter referred to as “GTC.” These GTC govern the sale of products by My Poppies GmbH to the Customer via the website www.mypoppies.com. By using any services on the website www.mypoppies.com the Customer declares their agreement to be bound by these GTC.
1.2. Preamble: Business Activity of My Poppies GmbH
My Poppies GmbH trades in poppy seed products, in particular poppy capsules. The trade and sale of poppy capsules is carried out exclusively for their use as decorative items. The Customer expressly declares to be bound by the following GTC and undertakes, with the conclusion of each purchase agreement with My Poppies GmbH for the acquisition of poppy capsules, to use them solely as decorative items and not misuse them in any way. My Poppies GmbH sells poppy capsules exclusively as decorative items and strictly prohibits any other, in particular abusive, use by the Customer.
2. Scope of the GTC
These GTC apply unless explicitly agreed otherwise in individual cases. They apply not only to the transaction in which they are expressly agreed but also to all subsequent transactions with the Customer.
My Poppies GmbH reserves the right to amend these GTC. Amended GTC shall apply from the time of their first use with the Customer.
Contradictory terms and conditions of the Customer shall not be accepted and shall not become part of the contract. My Poppies GmbH expressly rejects them, even if this is not explicitly stated in individual cases.
3. Data Processing, Data Protection, and Electronic Communication
The Customer expressly agrees to the storage of their data and electronic data processing.
When the Customer uses a service of My Poppies GmbH and sends emails to My Poppies GmbH, the Customer communicates electronically with My Poppies GmbH. My Poppies GmbH will communicate with the Customer by email, by publishing notices on the website, or via 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 communications provided electronically by My Poppies GmbH do not require written form, unless mandatory statutory provisions require otherwise.
4. Offers
All offers of My Poppies GmbH on the website www.mypoppies.com are non-binding unless explicitly designated as binding.
5. Conclusion of Contract
Contracts between My Poppies GmbH and the Customer are concluded only upon dispatch of the product by My Poppies GmbH.
The content of the shipping confirmation constitutes the entire agreement unless the Customer objects immediately upon receipt.
The Customer’s order constitutes a mere offer to conclude a purchase contract with My Poppies GmbH. When the Customer places an order, My Poppies GmbH sends the Customer an email confirming receipt of the order and listing its details (order confirmation). This order confirmation does not constitute acceptance of the Customer’s offer, but solely informs the Customer that the order has been received. A purchase contract is concluded only when My Poppies GmbH dispatches the ordered product and confirms the dispatch with a second email (shipping confirmation). If the Customer’s order is shipped in multiple packages, the Customer may receive a separate shipping confirmation for each package. In this case, a separate purchase contract arises for each shipping confirmation regarding the products listed therein.
The Customer agrees to receive invoices electronically. Electronic invoices will be provided in PDF format.
Products are sold to private customers only in household quantities. This restriction applies both to the number of products ordered within one order and to multiple orders of the same product, where the total exceeds a typical household quantity. This restriction does not apply to corporate customers upon appropriate identification as such.
6. Prices
Poppy capsules are defined by packaging units, each specified by weight. Prices refer to the respective packaging unit.
All prices quoted by My Poppies GmbH are freight-free but include the applicable value-added tax. Shipping costs for the respective delivery destination are shown separately and charged.
Products are shipped via General Logistics Systems Austria GmbH (GLS GmbH), based in Ansfelden (FN 75418 i Regional Court Linz). The Customer expressly agrees to this shipping method.
If the Customer requests a special shipping method that incurs higher costs, My Poppies GmbH is entitled to pass on such additional costs.
Transport insurance is not included in the prices. Should the Customer wish to insure the goods, they must arrange for this themselves.
7. Payment
The Customer shall pay the purchase price stated in the order confirmation in advance via prepayment, instant bank transfer, or credit card to My Poppies GmbH. Shipment will commence only after receipt of payment. All products remain the property of My Poppies GmbH until payment has been made in full (retention of title).
8. Delivery
8.1. Delivery
Unless otherwise agreed, delivery will be made to the delivery address provided by the Customer. If My Poppies GmbH determines during order processing that the products ordered by the Customer are no longer available, the Customer will be notified separately by email.
Upon handing over the product to GLS GmbH or another carrier expressly named by the Customer, My Poppies GmbH has fulfilled its contractual obligations and shall no longer be liable for risk or accidental loss, should the goods perish before reaching the Customer.
If delivery is not possible due to circumstances attributable to the Customer (e.g., goods cannot be delivered or the Customer is not available at the delivery address despite appropriate notice), the Customer shall bear the costs of the unsuccessful delivery.
8.2. Delivery Periods
Unless otherwise agreed, all delivery times are non-binding. My Poppies GmbH is entitled to a reasonable extension of delivery times if necessitated by external circumstances.
Otherwise, shipment of ordered products will be made within 5 working days after confirmed receipt of payment.
9. Deviations
9.1. Quality
Industry-standard deviations in the quality of goods shall not constitute defects.
9.2. Quantities
An exact piece count of packaging units is only binding if expressly agreed. Even with such an agreement, My Poppies GmbH shall not be liable for minor counting or sorting discrepancies.
10. Defects
Apparent defects must be reported in writing immediately, but no later than 5 working days after receipt of the goods. Hidden defects must be reported within the same period from the time they are first discovered.
My Poppies GmbH must be given the opportunity to inspect the alleged defects.
My Poppies GmbH is entitled, at its discretion, to remedy any defects by repair or replacement, or to grant the Customer an appropriate price reduction.
Only if repair or replacement fails within a reasonable period may the Customer demand a price reduction or rescission.
Warranty claims exist only with regard to the defective part of the product delivered and do not entitle the Customer to a price reduction or rescission regarding goods delivered free of defects.
11. Applicable Law and Jurisdiction
All transactions of My Poppies GmbH are subject exclusively to Austrian law, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), unless otherwise agreed.
The exclusive jurisdiction for all disputes arising from or related to transactions with My Poppies GmbH shall be the competent court at the registered office of My Poppies GmbH in 1040 Vienna. However, My Poppies GmbH reserves the right to assert claims at another court if a decision from the agreed court would not be enforceable against the Customer.
12. Final Provisions
Amendments or additions to contracts between My Poppies GmbH and the Customer must be made in writing to be effective. Both parties waive the right to deviate from this written form requirement except by written agreement.
If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall not be affected. Both parties agree to apply a valid substitute provision that comes as close as possible to the intent of the invalid provision.
13. Contact Information of My Poppies GmbH
The website www.mypoppies.com is operated by My Poppies GmbH, a limited liability company registered with the Commercial Court of Vienna under FN433853w, with its registered office in Vienna.
Contact details:
My Poppies GmbH
Managing Director: Alexandra Kollwig
Address: Karolinengasse 33/6, 1040 Vienna
Email: office@mypoppies.com
Website: www.mypoppies.com
VAT ID: ATU69779769