Application and contractual partners

1.1 These General Terms and Conditions of Business shall apply to consumers as well as entrepreneurs within the meaning of § 1 KSchG for all our contracts, deliveries and other services, which are based on orders placed via the online store www.iambotka.com ; (hereinafter referred to as BOTKA).

The business relations arising out of and in connection with this contract shall be governed exclusively by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence.

1.2 A consumer is a person who enters into a legal transaction for a purpose that is neither his or her commercial nor independent professional activity can be attributed.

1.3 An entrepreneur is a natural person, a legal entity or a partnership with legal capacity partnership who, when concluding a legal transaction, is acting in the exercise of his or her commercial or independent professional activity, in particular within the scope of an enterprise.

An enterprise is any permanent organization of independent economic activity, even if it is not profit-oriented. Legal entities under public law are always considered as entrepreneurs. Transactions that a natural person undertakes prior to the commencement of the operation of his or her business for the purpose of creating the conditions for such operation shall not yet be deemed to be part of such operation.

1.4 Customers within the meaning of these General Terms and Conditions are both consumers as well as entrepreneurs.

1.5. The contracting party is exclusively Zuzana Simanska, Obere Bahngasse 4-8/4/15, 1030 Vienna, Austria, telephone: +43 680 2389 802 / E-Mail: contact@iambotka.com/ website: www.iambotka.com .

1.6 Individual contractual agreements shall take precedence over these General Terms and Conditions.

Deviating, conflicting or supplementary general terms and conditions shall not become an integral part of the contract, unless it is referred to in these terms and conditions or their validity is expressly agreed by me in writing.

Conclusion of contract

2.1.The presentation of the products in the online store is, without exception, a legally non-binding offer and therefore an invitation to submit offers (invitatio ad offerendum) for the products presented.

2.2 For the submission of an offer for the conclusion of a contract an electronic order process is provided. After going through the order process, the customer enters the order by clicking on the button PURCHASE; the customer submits a legally binding offer for the conclusion of a purchase agreement for the goods contained in the shopping cart. The customer will be informed immediately by e-mail about the receipt of the order (order confirmation).

2.3 This order confirmation shall also contain the General Terms and Conditions and customer information in their respective valid version.

2.4 The purchase contract is not already concluded with the receipt of the order confirmation - this only documents the receipt of the customer's order by us - but only with the sending of the confirmation of the contract by e-mail (order confirmation) or the delivery of the goods.

We shall be entitled to accept the contractual offer contained in the order within three working days or to reject the acceptance of the order without giving reasons. In the latter case, a contract with us shall not be concluded.

2.5 The conclusion of the contract is subject to the proviso that in the event of incorrect or improper self-delivery. This shall only apply in the event that we are not responsible for the non-delivery and we have concluded a concrete covering transaction with our supplier with due diligence and we have concluded a specific hedging transaction with our supplier. We shall make all reasonable efforts to procure the goods. Otherwise the consideration will be refunded immediately. In the event of such unavailability or only partial availability of the goods, the customer will be informed immediately.

Prices, shipping costs, terms of payment

3.1 All payment obligations are owed in Euro. All prices are final prices and include in particular the respective legally valid value added tax.

3.2 Unless otherwise stated, delivery and shipping costs are not included in the prices. The delivery and shipping costs are indicated as a flat shipping rate, which can be called up by clicking on the "plus shipping" note directly in the offer and which is also displayed in the electronic order process. Costs for packaging are already included in the respective shipping flat rate displayed.

3.3 The purchase price plus the flat rate for shipping and handling (total price) is due immediately upon conclusion of the contract. A regulation of the total price is possible by bank transfer or by credit card. We reserve the right to exclude individual payment methods. In case of payment by credit card, the account will be debited within 72 hours after completion of the order. the order. Only for consumers (not entrepreneurs) there is also the possibility of the payment method "purchase on account" via Klarna, more detailed information can be found under Point 3.6 .

3.4 The total price is to be paid within five working days after receipt of our purchase data by e-mail. unless another date has been agreed in writing.

3.5 The goods will be delivered only after crediting the purchase price plus shipping costs to our bank account ([ACCOUNT HOLDER/SUBCONTRACTOR]; IBAN: [...]; BIC: [...]) or after receipt of a payment notification from the listed payment providers. The delivery will be made to the address specified by the billing address provided by the customer.

3.6 The payment option we offer in cooperation with Stripe and PayPal.

3.7

Delivery and transfer of risk

4.1 The date of handover of the goods by us to the shipping company shall be decisive.

4.2 Delivery shall be made to the delivery address specified by the customer in the order process. We ship the goods only to addresses within Austria, the EU, Switzerland and the USA.

4.3 We shall be entitled to make partial deliveries, taking reasonable account of the customer's customer's interests, if the partial delivery is usable for the customer within the framework of the contractual purpose of the contract, the remaining delivery is ensured and the customer does not incur any significant additional costs. If the delivery is made in partial deliveries, the customer shall be charged for this the customer will not be charged any further shipping costs in addition to the one-time flat shipping rate.

4.4 The risk of accidental loss and accidental deterioration of the goods shall pass to the deterioration of the goods shall pass to the consumer upon handover of the goods to the consumer. To the the risk of accidental loss and accidental deterioration of the goods shall pass to the goods with the handover, in the case of sale by delivery to a place other than the place of performance with the delivery of the goods to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.

4.5 The handover shall be deemed to have taken place if the customer is in default of acceptance.