General Terms and Conditions and Terms of Use for the badala e.U. Online Shop for Consumers

  1. Scope of the General Terms and Conditions and Terms of Use
    1. These General Terms and Conditions and Terms of Use (GTCs) shall govern all agreements between badala e.U., Barbara Höller, Krakauerstraße 19/4, 1020 Vienna, FN 453272b (badala) and the customer (Customer) if Customer is a consumer according to the Austrian Consumer Protection Law (Konsumentenschutzgesetz - KSchG).
    2. badala expressly intends to enter into any agreement solely on the basis of these GTCs under exclusion of other contract forms / general terms and conditions.
    3. No oral side agreements exist.
    4. These GTCs shall apply to the extent a written offer of badala does not expressly provide for anything to the contrary.
    5. The GTCs as amended from time to time may be accessed on the homepage of badala at www.badalasticker.com/en/gtc.html.
    6. Gender specific terms used in these GTCs shall apply equally to the female and male form.
  2. Scope and Conclusion of the Agreement
    1. The presentation of goods in the online shop is not a binding offer to enter into a purchase agreement but a non-binding invitation to propose an offer.
    2. Customer submits a binding offer to purchase by clicking the button "Order now".
    3. If Customer does not have the full legal capacity to make such a purchase, only the legal representative of such Customer can enter into a purchase agreement with badala. If Customer tries to enter into such agreement without its legal representative, badala reserves the right to claim damages from its legal representative.
    4. When receiving the purchase price badala sends an automatically generated email to Customer confirming the receipt of the order. Such confirmation is no declaration of acceptance of the purchase offer. No agreement is entered into with such confirmation.
    5. Customer is bound by its order for two days after badala’s receipt of Customers order. The statutory right of cancellation (right of withdrawal) shall remain unaffected.
    6. The purchase agreement on the ordered product shall only be entered into at such time when badala expressly declares to accept Customer’s offer, or if the ordered goods are shipped to Customer without a prior explicit declaration of acceptance (Agreement).
    7. The legally binding language of these GTCs is German. The English version is a working translation for information purposes only.
    8. The text of the Agreement will be stored by badala and may be requested by the Customer after the completion of the ordering process. The data of the order may be printed out immediately after sending the order.
    9. The online shop targets customers with residence or habitual residence in the EU, Switzerland, or the US. Goods are delivered only in such territories, provided that badala reserves the right in its sole discretion to decline to ship goods to any given address, region or jurisdiction.
  3. Obligations of Customers
    1. Customer guarantees that all provided information
      • is neither false, inaccurate or misleading;
      • does not purport any untrue statements of fact;
      • does not breach any rights of third parties, or agreements with such third parties;
      • does not breach any laws, mandatory provisions, regulations or other legal provisions; and
      • does not contain any viruses or programs which cause damages, impede or which intercept information, data and personal information or use such data illegitimately.
    2. Customer is responsible for ensuring the privacy of its access data to its badala account (Account) and is liable for all activities in connection with such Customer’s Account. Customer is obliged to (a) inform badala immediately of any use of its Account which has not been approved, and of any other security breach and (b) log out from its Account at the end of each session. If any unauthorized use of the Account by a third person occurs, Customer shall inform badala immediately. badala does not assume any liability for any losses, damages or other liability claims which result from a breach of the obligations in this Clause, an unauthorized access to the Account, or an unauthorized use of the Account of Customer.
  4. Prices and Availability
    1. The information in the price lists, advertisements, advertisement materials, and on the website of badala is always subject to change. badala reserves the right to amend such information at any time.
    2. All prices for products in the online shop are prices including all taxes and duties, but excluding shipping expenses and duties under Clause 4.3. The shipping expenses may be found here: Overview shipping charges
    3. In case of shipment into a country which is not a member of the European Economic Area, Customer shall bear all expenses for import and export including all customs duties and other duties.
    4. badala reserves the right to refrain from performing Customer's order, if the ordered goods are out-of-stock, in which case, Customer shall be informed as soon as possible that the ordered goods are unavailable; the paid purchase price, if any, shall be refunded.
  5. Conditions of Payment
    1. The following payment methods are accepted: Credit card (MasterCard, Visa), PayPal, and instant transfer.
    2. In case of payments via Paypal, the then applicable general terms and conditions of PayPal shall apply: https://www.paypal.com/at/webapps/mpp/ua/legalhub-full?locale.x=de_AT.
    3. In case of payment via instant transfer, Customer shall enter the online banking data (IBAN, BIC, PIN & TAN). The instant transfer will be processed via www.sofort.com. badala is not liable for the misuse of such data by any third party. While the data entered for the payment transaction may be stored by the payment provider, it is not stored by badala.
    4. Customer shall bear any bank or other payment expenses, if any.
    5. Customer shall bear all damages of badala that may result from the insufficient coverage of an account balance or credit card.
    6. Customer is obligated to pay the full purchase price at the time of placing its order. Shipment will be processed only after badala receives the full purchase price on its bank account.
  6. Default of Payment
    1. Even in case of a default of payment without the fault of Customer, badala is entitled to claim default interest amounting to 4% p.a.. The claim to receive higher interest, proven by badala, shall remain unaffected in case of a default of payment due to the fault of Customer.
    2. Even in case of default of payment without the fault of Customer, Customer shall refund expenses with regards to goods and debt collection.
    3. In case of badala sends a reminder to Customer, Customer shall pay EUR 15 to badala for each reminder.
  7. Shipment and Transfer of Risk
    1. The shipment of goods will be made to the delivery address as specified by Customer. The Shipment will be processed by österreichische Post (Austrian Post).
    2. Shipments are possible within the European Union, to Switzerland, and the US, provided that badala reserves the right to amend the applicable jurisdictions in its sole discretion without prior notice at any time and from time to time.
    3. With the exception of an explicitly agreed on fixed date transaction (Fixgeschäft), the specified delivery dates are non-binding estimations only. The Shipment shall be processed not later than 30 days after the conclusion of the Agreement.
    4. The risk for loss or damage of the goods shall pass over to Customer, as soon as the goods are delivered to Customer or to a third party designated by Customer other than the carrier.
  8. Customer's Right of Withdrawal
    1. Customer is entitled to withdraw from the concluded Agreement within 14 days of receipt (by Customer or by a third party designated by Customer other than the carrier) of the goods from badala.
    2. In order for Customer to exercise its right of withdrawal, it must inform badala (Krakauerstraße 19/4, 1020 Vienna, FAX: +43 (0) 12533033 1649, EMAIL: hello@badalasticker.com) of its decision to withdraw from the concluded Agreement by means of a clear statement (e.g. by mailed letter, fax or e-mail).
    3. The withdrawal period has been observed as long as Customer dispatches the notification to exercise the right of withdrawal prior to the end of the withdrawal period.
    4. Customer shall bear the costs and the risk for returning the goods to badala.
    5. In case of recurring deliveries of goods of the same kind, or in case of a partial delivery, the term of this clause 8 commences with receipt of the first delivery or the first part of the delivery.
    6. Goods on sale will not be exchanged or refunded.
    7. If Customer revokes this Agreement, badala shall immediately, but not later than 14 days after receipt of the notice of revocation and receipt of the goods (the later date shall trigger this term), refund any payments badala has received from Customer, including the shipping costs (excluding the additional costs resulting from Customer’s choice to use another, more expensive, type of shipment than offered by badala). badala will use the same type of payment transaction as the Customer has used in the course of the original transaction, except if another type of payment transaction was mutually agreed on. In no event will badala charge Customer for this refund. badala is entitled to refuse the repayment until badala received the goods, or until Customer provides evidence that Customer has sent back the goods to badala to the correct address, whereby the earlier date is relevant. Customer shall bear the costs of returning the goods.
  9. Return of Goods
    1. Customer shall return the goods with the same carrier delivering the goods to Customer.
    2. Customer shall ensure that the returned goods are not used or damaged. badala will not accept any used or damaged goods and in such case will not refund the Customer.
  10. Reservation of Ownership
    1. badala retains ownership of the delivered goods until full payment of such goods.
    2. If Customer resells such goods under badala's reservation of ownership, Customer shall forward such reservation of ownership.
    3. All claims of Customer resulting from a resale of goods under reservation of ownership are assigned to badala as security for all claims of badala in connection with the relationship to Customer.
    4. In case of any default of payment of Customer, badala is entitled to claim any rights in connection with the reservation of ownership. The parties agree that the enforcement of the reservation of ownership does not constitute a withdrawal from the Agreement, except when such withdrawal is expressly declared.
  11. Default of Acceptance
    1. If Customer is in default of acceptance, it shall bear any and all costs resulting from such default.
    2. In case of default of acceptance, Customer shall bear the risk of loss or damage of the goods.
  12. Warranty
    1. For Customer the statutory warranty provisions shall apply only to the extent they are mandatory, which provide for a warranty period of two years for movable goods.
    2. The images and content in the online shop serve for illustration purposes only. Minor deviations between the delivered goods from such images are possible due to different computer settings and do not constitute a defect.
    3. Complaints due to legal warranty claims, or any other complaint may be sent to the contact details according to Clause 8.2.
    4. The assignment of warranty claims shall be excluded.
  13. Data Processing
    1. Customer agrees that badala is entitled to process the subsequent individual-related data to process the order via the online shop: first and last name, address, email address, payment details.
    2. Personal data enable badala to
      • contact Customer to process the Agreement with Customer, and to contact Customer with questions in this regard;
      • contact Customer for specific purposes, if such data is transmitted by Customer to badala (e.g. contacting Customer via the email address recently used by Customer for its inquiries);
      • send notices to process the Agreement;
      • create, develop, prepare, provide and improve goods and services of and by badala;
      • check the identity of Customer;
      • use such information for in-house purposes as accounting, data analysis, becoming more familiar with the customers’ needs, administrating of customer accounts, development of additional features, statistics and processing of customers’ requests and research, to improve the services of badala and the communication with customers;
      • send important notices ,for instance on changes of these GTCs, or of any policies. As such information is important for the relationship to badala, it might not be possible to refuse to receive such information for keeping up the relationship to badala.
    3. badala treats the direct and indirect personal and non-personal data of its Customers with great care, and will not sell such data to any third party.
    4. badala keeps personal data as long as necessary to fulfill the purposes as set out in these GTCs, if mandatory law does not demand for or permit a longer retention period.
    5. badala also collects data which do not provide for a direct reference to a certain person if taken alone. badala may collect, pass on, or disclose non-personal data for any purpose. Some examples and the use of non-personal data collected by badala are set out below:
      • badala collects data such as the language, individual device identification features, browser type, operating system, forwarding URL as well as place and time zone, in which badala's website and its services are used, and the duration of use. This enables badala to better understand user behavior and to improve badala’s services.
      • badala may collect information on user activities such as usage frequency of badala’s website or the duration of the log-ins. Such data are aggregated, and used as a tool to provide useful information to users of the website, and to understand, which parts of badala’s services are most interesting for users. Such aggregated data are treated as non-personal data for the purposes of these GTCs.

        If non-personal data are linked to personal data, such data are treated as personal data as long as they remain linked together.

    6. Following social network plug-ins are used: Facebook, Pinterest, Instagram.
    7. badala's website uses Google Analytics, a web analysis service of Google Inc. (Google). Google Analytics uses also Cookies. More information and the general terms and conditions of Google Analytics may be found here: https://www.google.com/analytics/terms/de.html. Customer expressly agrees to the use by using the website of badala. Google Analytics uses so called cookies, which are text files stored on the computer of Customer. They enable the analysis of the Customer's use of the website. The information about the website's use generated by the cookie are usually transferred to a server of Google in the US and are stored there. In case IP-anonymization is activated on this website, Customer’s IP address will be shortened within the area of member states of the European Union or the European Economic Area. Only in exceptional cases the whole IP address will be first transferred to a Google server in the USA and shortened there. Google will use this information on behalf of badala for the purpose of evaluating Customer’s use of the website, compiling reports on website activity for badala and providing other services relating to website activity and internet usage. The IP-address that Customer’s browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. Customer may refuse the use of cookies by selecting the appropriate settings on Customer’s browser. badala points out that, if Customer does this, Customer may not be able to use the full functionality of this web site.
    8. Customer expressly acknowledges the disclosure and forwarding of such data to the following third parties:
      • Legal successors or holders of badala, including, without limitation to, the contribution (Einbringung) of badala in a limited liability company (Gesellschaft mit beschränkter Haftung – GmbH);
      • Subsidiaries and affiliated companies of badala or another limited liability company which assumes this website with all associated rights, and which treats the data in accordance with this Clause 13.
      • Representatives, advisors, and affiliated third parties which are contracted by badala for business related purposes (e.g. maintenance of data bases, payment processing);
      • Authorities, courts, or other public institutions, if this is necessary to (i) comply with statutory obligations, (ii) protect or defend badala’s rights, interests and (intellectual) property; (iii) reveal, prevent or sanction breaches against these GTCs, (iv) obtain temporary injunctions for the protection of the person-related security of Customer or of the public, or (v) preserve badala for any liability claims.
    9. badala is entitled to disclose and transfer personal data and non-personal data to third parties, if this is indicated towards Customer separately, and if Customer acknowledges this explicitly.
    10. Customer is entitled to revoke such consent in writing towards badala at any time and without reason.
  14. Websites and Services of Third-Party-Providers
    1. Services of badala may include links to websites, products and services of other companies. badala is not liable for the content of such websites, products and services. The data collected by such third-party-providers are governed by their privacy policies. badala recommends Customer to inquire about privacy policies at such third parties.
  15. Usage of Cookies
    1. For the purposes of an easier offering procedure by Customer, and with regard to the processing of the Agreement by badala, IP data of Customer are stored as well as name, address, and credit card details of Customer. Such data are transferred to any third party only within the scope of Clause 13.
  16. Consent to Receive Advertising E-mails
    1. Customer may from time to time approve to receive messages from badala regarding products, current offers and other business related information via advertising email, including, but not limited to newsletters.
    2. Customer may revoke its consent to receive such emails at any time by returning such email to the sending address with the note “Please no further advertisement emails”, provided that badala will also provide for the electronic means of revocation
  17. Warning sign
    1. badala expressly states that the stickers are not appropriate for children under the age of three years due to the risk of swallowing small pieces.
  18. Intellectual property
    1. All pictures, images, trademarks, logos, and designs on the website of badala are protected by copyrights. They only serve for consideration of Customer. Any further use or utilization requires badala's prior written consent.
  19. Governing Law, Forum
    1. Any disputes arising out of or in context of a relationship governed by these GTCs shall be governed by Austrian Law except for the United Nations Convention on Contracts for the International Sale of Goods. Insofar as this provision contradicts Art 6 para 2 of the Rome I Regulation, it shall not be applicable.
    2. If Customer has its residence or habitual residence in Austria, or if Customer is employed in Austria, a claim shall be filed only at such court, which has local jurisdiction on the residence, habitual residence or place of employment of Customer. Customer may file a claim at the court competent for its place of residence, habitual residence, employment, or at the court at the seat of badala.
  20. Information on Online Settlement of Disputes according to Art 14 Para 1 ODR-VO
    1. It is noted that the European Commission provides a platform to settle claims in connection with an online purchase, which is available here: http://ec.europa.eu/consumers/odr/.
  21. Miscellaneous
    1. All amendments and additions to these GTCs shall be in writing, including the agreement to waive this written form.
    2. All provisions of these GTCs which, by their nature, should remain in force after the termination of this Agreement, shall remain in force, especially the limitation of liabilities, indemnifications and compensation obligations.
    3. The purpose of section titles in these GTCs is solely to provide structure and clarity and shall have no legal effect.
    4. The invalidity of one or more, or parts, of terms or provisions of these GTCs shall not affect the validity of any other term or provision of the GTCs. The parties agree to reach a binding agreement to replace the invalid provision by a valid term as closely as possible to the purpose of the invalid provision.

General Terms and Conditions and Terms of Use for the badala e.U. Online Shop for Entrepreneurs

  1. Scope of the General Terms and Conditions and Terms of Use
    1. These General Terms and Conditions and Terms of Use (GTCs) shall govern all agreements between badala e.U., Barbara Höller, Krakauerstraße 19/4, 1020 Vienna, FN 453272b (badala) and the customer (Customer) if Customer is not a consumer according to the Austrian Consumer Protection Law (Konsumentenschutzgesetz - KSchG).
    2. badala expressly intends to enter into any agreement solely on the basis of these GTCs under exclusion of other contract forms / general terms and conditions.
    3. No oral side agreements exist.
    4. These GTCs shall apply to the extent a written offer of badala does not expressly provide for anything to the contrary.
    5. The GTCs as amended from time to time may be accessed on the homepage of badala at www.badalasticker.com/en/gtc.html.
    6. Gender specific terms used in these GTCs shall apply equally to the female and male form.
  2. Scope and Conclusion of the Agreement
    1. Both the presentation of goods in the online shop and an issued offer by badala are not binding offers to conclude a purchase agreement but a non-binding invitation to propose an offer.
    2. Customer submits a binding offer to purchase by either clicking the button "Order now" or by submitting an offer to badala.
    3. When receiving the purchase price badala sends an automatically generated email to Customer confirming the receipt of the order. Such confirmation is no declaration of acceptance of the purchase offer. No agreement is entered into with such confirmation.
    4. Customer is bound by its order for two days after badala’s receipt of Customers order.
    5. The purchase agreement on the ordered product shall only be entered into at such time when badala expressly declares to accept Customer’s offer, or if the ordered goods are shipped to Customer without a prior explicit declaration of acceptance (Agreement).
    6. The legally binding language of these GTCs is German. The English version is a working translation for information purposes only.
    7. Objections against any deviations of the content of the order confirmation shall be made within two days after transfer of the order confirmation otherwise the content of the order confirmation is binding.
    8. The online shop targets customers with residence or habitual residence in the EU, Switzerland, or the US. Goods are delivered only in such territories, provided that badala reserves the right in its sole discretion to decline to ship goods to any given address, region or jurisdiction.
  3. Obligations of Customers
    1. Customer guarantees that all provided information
      • is neither false, inaccurate or misleading;
      • does not purport any untrue statements of fact;
      • does not breach any rights of third parties, or agreements with such third parties;
      • does not breach any laws, mandatory provisions, regulations or other legal provisions; and
      • does not contain any viruses or programs which cause damages, impede or which intercept information, data and personal information or use such data illegitimately.
    2. Customer is responsible for ensuring the privacy of its access data to its badala account (Account) and is liable for all activities in connection with such Customer’s Account. Customer is obliged to (a) inform badala immediately of any use of its Account which has not been approved, and of any other security breach and (b) log out from its Account at the end of each session. If any unauthorized use of the Account by a third person occurs, Customer shall inform badala immediately. badala does not assume any liability for any losses, damages or other liability claims which result from a breach of the obligations in this Clause, an unauthorized access to the Account, or an unauthorized use of the Account of Customer.
  4. Prices and Availability
    1. The information in the price lists, advertisements, advertisement materials, and on the website of badala is always subject to change. badala reserves the right to amend such information at any time.
    2. All prices for products in the online shop are prices including all taxes and duties, but excluding shipping expenses and duties under Clause 4.3. The shipping expenses may be found here: Overview shipping charges
    3. In case of shipment into a country which is not a member of the European Economic Area, Customer shall bear all expenses for import and export including all customs duties and other duties.
    4. badala reserves the right to refrain from performing Customer's order, if the ordered goods are out-of-stock, in which case, Customer shall be informed as soon as possible that the ordered goods are unavailable; the paid purchase price, if any, shall be refunded.
  5. Conditions of Payment
    1. The following payment methods are accepted: Credit card (MasterCard, Visa), PayPal, and instant transfer.
    2. In case of payments via Paypal, the then applicable general terms and conditions of PayPal shall apply: https://www.paypal.com/at/webapps/mpp/ua/legalhub-full?locale.x=de_AT.
    3. In case of payment via instant transfer, Customer shall enter the online banking data (IBAN, BIC, PIN & TAN). The instant transfer will be processed via www.sofort.com. badala is not liable for the misuse of such data by any third party. While the data entered for the payment transaction may be stored by the payment provider, it is not stored by badala.
    4. Customer shall bear any bank or other payment expenses, if any.
    5. Customer shall bear all damages of badala that may result from the insufficient coverage of an account balance or credit card.
    6. Customer is obligated to pay the full purchase price at the time of placing its order. Shipment will be processed only after badala receives the full purchase price on its bank account. Before receipt of a possibly agreed upon down payment, badala has no obligation to deliver. Unfavorable consequences due to a late down payment (such as delivery delays) shall be borne by the Customer.
    7. Offsetting of Customer's claims against badala's counterclaim by whatever means shall be forbidden. Customer shall not be entitled to retain payments.
  6. Default of Payment
    1. In case of Customer's payment default badala is entitled to claim interest provided in the statutory amount. The claim to receive higher interest, proven by badala, shall remain unaffected in case of a default of payment due to the fault of Customer
    2. In case of a delay Customer shall bear all necessary costs associated with recovery actions and efforts and other costs which arise in conjunction with due process. Customer shall bear the costs which arise for badala from commissioning a debt-collection agency. As expenses for a possible debt collection of badala Customer shall pay a standard amount of EUR 40 irrespective of damage and fault. An exceeding claim for damage caused by delay is thereby not excluded.
  7. Shipment and Transfer of Risk
    1. The shipment of goods will be made to the delivery address as specified by Customer. The Shipment will be processed by österreichische Post (Austrian Post).
    2. Shipments are possible within the European Union, to Switzerland, and the US, provided that badala reserves the right to amend the applicable jurisdictions in its sole discretion without prior notice at any time and from time to time.
    3. With the exception of an explicitly agreed on fixed date transaction (Fixgeschäft), the specified delivery dates are non-binding estimations only. The Shipment shall be processed not later than 30 days after the conclusion of the Agreement.
    4. The risk for loss or damage of the goods shall pass over to Customer, as soon as the goods are delivered to Customer or to a third party designated by Customer other than the carrier.
  8. Return of Goods
    1. Customer shall return the goods with the same carrier delivering the goods to Customer.
    2. Customer shall ensure that the returned goods are not used or damaged. badala will not accept any used or damaged goods and in such case will not refund the Customer.
  9. Reservation of Ownership
    1. badala retains ownership of the delivered goods until full payment of such goods.
    2. If Customer resells such goods under badala's reservation of ownership, Customer shall forward such reservation of ownership.
    3. All claims of Customer resulting from a resale of goods under reservation of ownership are assigned to badala as security for all claims of badala in connection with the relationship to Customer.
    4. In case of any default of payment of Customer, badala is entitled to claim any rights in connection with the reservation of ownership. The parties agree that the enforcement of the reservation of ownership does not constitute a withdrawal from the Agreement, except when such withdrawal is expressly declared.
  10. Subsequent Changes of the Contract
    1. Changes to the purchase order by Customer shall only be effective after written confirmation by badala.
    2. Customer shall bear all of badalas's additional costs which occur due to the Customer's subsequent changes to the purchase order.
    3. badala shall not be liable for complying with the original supply date in case of Customer's subsequent changes to the purchase order.
    4. When changes are requested via telephone or fax, badala assumes no liability whatsoever for the correctness of the performance.
  11. Default of Acceptance
    1. If Customer is in default of acceptance, it shall bear any and all costs resulting from such default.
    2. In case of default of acceptance, Customer shall bear the risk of loss or damage of the goods.
  12.  Warranty
    1. Customer's warranty as far as permitted under the law shall be excluded.
    2. Products delivered shall be examined by the Customer. Customer shall notify badala in writing and immediately within two weeks. In case of the discovery of hidden defects Customer shall notify badala immediately after the discovery, at the latest within six months after handover of the goods to the transport service provider.
    3. 924 ABGB shall not apply. The burden of proof concerning the presence of the defect at time of delivery lies with the Customer.
    4. The images and content in the online shop serve for illustration purposes only. Minor deviations between the delivered goods from such images are possible due to different computer settings and do not constitute a defect.
    5. Complaints due to legal warranty claims or any other complaint may be sent to the contact details mentioned in the site notice.
    6. The assignment of warranty claims shall be excluded.
  13. Exclusion of Liability
    1. Customer shall have no claims for damages unless the damage was caused intentionally or as a result of gross negligence. badalas liability in cases of slight negligence only apply to personal injuries.
    2. badalas liability in a case of damage is limited to the order value. Liability for loss of profit shall be excluded.
    3. Only monetary compensation shall be rendered in case of liability.
    4. Claims for damages must be legally asserted within six months after knowledge about the damage and the damaging party. The burden of proof lies with the Customer after one year after delivery or service provision by badala.
    5. Limitations of liability shall also apply to pre-contractual obligation.
  14. Data Processing
    1. Customer agrees that badala is entitled to process the subsequent individual-related data to process the order via the online shop: first and last name, address, email address, payment details.
    2. Personal data enable badala to
      • contact Customer to process the Agreement with Customer, and to contact Customer with questions in this regard;
      • contact Customer for specific purposes, if such data is transmitted by Customer to badala (e.g. contacting Customer via the email address recently used by Customer for its inquiries);
      • send notices to process the Agreement;
      • create, develop, prepare, provide and improve goods and services of and by badala;
      • check the identity of Customer;
      • use such information for in-house purposes as accounting, data analysis, becoming more familiar with the customers’ needs, administrating of customer accounts, development of additional features, statistics and processing of customers’ requests and research, to improve the services of badala and the communication with customers;
      • send important notices ,for instance on changes of these GTCs, or of any policies. As such information is important for the relationship to badala, it might not be possible to refuse to receive such information for keeping up the relationship to badala.
    3. badala treats the direct and indirect personal and non-personal data of its Customers with great care, and will not sell such data to any third party.
    4. badala keeps personal data as long as necessary to fulfill the purposes as set out in these GTCs, if mandatory law does not demand for or permit a longer retention period.
    5. badala also collects data which do not provide for a direct reference to a certain person if taken alone. badala may collect, pass on, or disclose non-personal data for any purpose. Some examples and the use of non-personal data collected by badala are set out below:
      • badala collects data such as the language, individual device identification features, browser type, operating system, forwarding URL as well as place and time zone, in which badala's website and its services are used, and the duration of use. This enables badala to better understand user behavior and to improve badala’s services.
      • badala may collect information on user activities such as usage frequency of badala’s website or the duration of the log-ins. Such data are aggregated, and used as a tool to provide useful information to users of the website, and to understand, which parts of badala’s services are most interesting for users. Such aggregated data are treated as non-personal data for the purposes of these GTCs.

        If non-personal data are linked to personal data, such data are treated as personal data as long as they remain linked together.

    6. Following social network plug-ins are used: Facebook, Pinterest, Instagram.
    7. badala's website uses Google Analytics, a web analysis service of Google Inc. (Google). Google Analytics uses also Cookies. More information and the general terms and conditions of Google Analytics may be found here: https://www.google.com/analytics/terms/de.html. Customer expressly agrees to the use by using the website of badala. Google Analytics uses so called cookies, which are text files stored on the computer of Customer. They enable the analysis of the Customer's use of the website. The information about the website's use generated by the cookie are usually transferred to a server of Google in the US and are stored there. In case IP-anonymization is activated on this website, Customer’s IP address will be shortened within the area of member states of the European Union or the European Economic Area. Only in exceptional cases the whole IP address will be first transferred to a Google server in the USA and shortened there. Google will use this information on behalf of badala for the purpose of evaluating Customer’s use of the website, compiling reports on website activity for badala and providing other services relating to website activity and internet usage. The IP-address that Customer’s browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. Customer may refuse the use of cookies by selecting the appropriate settings on Customer’s browser. badala points out that, if Customer does this, Customer may not be able to use the full functionality of this web site.
    8. Customer expressly acknowledges the disclosure and forwarding of such data to the following third parties:
      • Legal successors or holders of badala, including, without limitation to, the contribution (Einbringung) of badala in a limited liability company (Gesellschaft mit beschränkter Haftung – GmbH);
      • Subsidiaries and affiliated companies of badala or another limited liability company which assumes this website with all associated rights, and which treats the data in accordance with this Clause 14.
      • Representatives, advisors, and affiliated third parties which are contracted by badala for business related purposes (e.g. maintenance of data bases, payment processing);
      • Authorities, courts, or other public institutions, if this is necessary to (i) comply with statutory obligations, (ii) protect or defend badala’s rights, interests and (intellectual) property; (iii) reveal, prevent or sanction breaches against these GTCs, (iv) obtain temporary injunctions for the protection of the person-related security of Customer or of the public, or (v) preserve badala for any liability claims.
    9. badala is entitled to disclose and transfer personal data and non-personal data to third parties, if this is indicated towards Customer separately, and if Customer acknowledges this explicitly.
    10. Customer is entitled to revoke such consent in writing towards badala at any time and without reason.
  15. Websites and Services of Third-Party-Providers
    1. Services of badala may include links to websites, products and services of other companies. badala is not liable for the content of such websites, products and services. The data collected by such third-party-providers are governed by their privacy policies. badala recommends Customer to inquire about privacy policies at such third parties.
  16. Usage of Cookies
    1. For the purposes of an easier offering procedure by Customer, and with regard to the processing of the Agreement by badala, IP data of Customer are stored as well as name, address, and credit card details of Customer. Such data are transferred to any third party only within the scope of Clause 14.
  17. Consent to Receive Advertising E-mails
    1. Customer may from time to time approve to receive messages from badala regarding products, current offers and other business related information via advertising email, including, but not limited to newsletters.
    2. Customer may revoke its consent to receive such emails at any time by returning such email to the sending address with the note “Please no further advertisement emails”, provided that badala will also provide for the electronic means of revocation.
  18. Warning sign
    1. badala expressly states that the stickers are not appropriate for children under the age of three years due to the risk of swallowing small pieces.
  19. Intellectual property
    1. All pictures, images, trademarks, logos, and designs on the website of badala are protected by copyrights. They only serve for consideration of Customer. Any further use or utilization requires badala's prior written consent.
  20. Governing Law, Forum
    1. Any disputes arising out of or in context of a relationship governed by these GTCs shall be governed by Austrian Law except for the United Nations Convention on Contracts for the International Sale of Goods.
    2. Any disputes relating to these GTCs shall be subject to the exclusive jurisdiction of the commercial court in Vienna.
  21.  Miscellaneous
    1. All amendments and additions to these GTCs shall be in writing, including the agreement to waive this written form.
    2. All provisions of these GTCs which, by their nature, should remain in force after the termination of this Agreement, shall remain in force, especially the limitation of liabilities, indemnifications and compensation obligations.
    3. The purpose of section titles in these GTCs is solely to provide structure and clarity and shall have no legal effect.
    4. The invalidity of one or more, or parts, of terms or provisions of these GTCs shall not affect the validity of any other term or provision of the GTCs. The parties agree to reach a binding agreement to replace the invalid provision by a valid term as closely as possible to the purpose of the invalid provision.