General Terms and Conditions

General Terms and Conditions

§ 1 Scope

The following general terms and conditions govern the contractual relationship between Barish Okcu GmbH  (hereinafter referred to as the "Provider") and consumers and entrepreneurs who purchase goods through the Provider. Contrary or deviating conditions will not be recognized. The contractual language is English.

§ 2 Conclusion of Contract

(1) The offers on the Internet constitute a non-binding invitation to you to purchase goods. After entering your data, accepting the terms and conditions and privacy policy, and clicking the order button on the Provider's website, you make a binding offer to conclude a purchase contract. During the order process, you can correct your entries. The immediate confirmation of receipt of your order by email does not yet constitute acceptance of the purchase offer. This only occurs through a separately sent order confirmation. (2) In the case of written inquiries or inquiries via an online form or fax, the contract is concluded by your explicit confirmation of the subsequent offer from the Provider. (3) The Provider is entitled to accept your offer within 7 days by sending an order confirmation by email. After the fruitless expiration of the deadline mentioned in sentence 1, your offer is considered rejected, meaning you are no longer bound by your offer.

§ 2a Special Conditions for Ordering Custom-Made Items

Individual items (e.g. patches, scarves, flags, etc.), if agreed upon, are produced according to your specifications. You must ensure that these specifications do not contain errors. A few days after placing the order, the Provider will send you proof for your review, unless it concerns ready-made products. The proof is a generated graphic and not a reproduction of a sample product (except for patches). Colors on the finished product may appear less vibrant than on the proof (see § 7, Paragraph 5). Changes (if technically possible) or color corrections can be made. Production of the goods will only begin after your final approval. The Provider reserves the right to withdraw from the purchase contract if you do not give your approval even after two corrections. Statutory warranties remain unaffected for consumers.

§ 2b Special Conditions for Ordering Flagpoles

When ordering flagpoles, freight costs apply. You can calculate the freight costs using a calculator provided on the Provider's website. The prices indicated there apply only within Austria and. Flagpoles for islands can only be delivered to the ferry terminal. The transport from the mainland to the island must be organized and borne by the customer.

§ 3 Delivery, Product Availability

(1) The delivery times specified by the Provider are calculated from the point of order confirmation. Exceeding a delivery date does not release you from the obligation to accept the goods. If there is a statutory right of withdrawal, this remains unaffected. (2) The duration of the examination of proofs, proofs, production samples, etc. by the customer extends the delivery time accordingly. If new proofs, proofs, production samples, etc. are required, the time required for their preparation also leads to a corresponding delay. (3) In the case of advance payment, prompt payment of the purchase price is assumed, as delayed payment leads to a corresponding delay in the order. (4) Delivery delays resulting from circumstances beyond the Provider's control (e.g. force majeure, strike, production stoppage by the manufacturer) do not entitle to claim damages. Liability under § 7 remains unaffected.

§ 4 Storage of Your Order Data and Data Protection

See Data Privacy

§ 5 Retention of Title

The purchased item remains the property of the Provider until full payment has been made.

§ 6 Payment Terms

(1) In the case of payment by invoice, the payment of the purchase price is immediately due upon receipt of the invoice, taking into account the specified payment deadline. If the due date of payment is determined by the calendar, you are already in default by missing the deadline and owe default interest according to the legal provisions. The customer's obligation to pay default interest does not exclude the assertion of further default damages by the Provider. (2) The goods are shipped by postal delivery, and in the case of ordering flagpoles, they are delivered by a special vehicle. Shipping and freight costs are borne by you unless otherwise agreed in writing. The shipping risk is borne by the Provider only if you are a consumer.

§ 7 Limitation of Liability and Warranty

(1) The Provider excludes liability for slight negligence, provided that such negligence does not concern essential contractual obligations, damages resulting from injury to life, body or health, or guarantees, or claims under the Product Liability Act. The same applies to breaches of duty by the Provider's vicarious agents and legal representatives. Liability for lost profits is excluded for entrepreneurs. Essential contractual obligations include, in particular, the obligation to hand over the item to you and to transfer ownership to you. Furthermore, the Provider is obligated to provide the item free from material and legal defects. (2) Sample prints, reproductions, proofs, etc. must be checked by you for errors. The Provider is not liable for errors not communicated by you. Changes and corrections made verbally require written confirmation from the Provider. In the event of changes after approval of production, all additional costs, including machine downtime, are borne by you. (3) The warranty is governed by the statutory provisions. The warranty period for entrepreneurs is one year. (4) When ordering embellished textiles, there may be prints on the textiles due to production. These prints disappear after washing and ironing. Therefore, the textiles should be washed and ironed before wearing. For the embroidery of textiles, it is necessary to use a reinforcement in the form of a fleece on the back for technical feasibility. This does not constitute a material defect. (5) Minor color deviations cannot be ruled out, and a specific thread/yarn thickness is not owed when ordering textiles. It is noted that when selecting the primary color black in combination with light contrasting colors (e.g., red, yellow) on textiles (especially scarves), the lighter colors may show through due to production and cannot be prevented. With the primary color white, darker or more intense colors may show through (e.g., white and red may lead to pink). Deep black or pure white tones are not technically feasible by the Provider. Deviations can also occur between different batches of a product and between the same product for men, women, and children's sizes. This does not constitute a material defect.

§ 8 Copyrights and Third-Party Rights

(1) Drafts, templates, samples, finished artwork, clichés, films, reproductions, lithographs, embossing stamps, and the like are charged proportionally and remain the property of the Provider, unless otherwise agreed upon. They may not be copied or otherwise duplicated or made accessible to third parties, particularly for the purpose of other use, without the Provider's permission. (2) Unless otherwise agreed in writing, the Provider is entitled to place a reference to his company on all delivered items, as long as the usability of the delivered item is not significantly impaired. (3) The Provider is also entitled to publish photos of individually produced items on his websites, while complying with data protection regulations. (4) You confirm to the Provider that you are the rights holder of the materials provided by you and, in particular, do not violate any third-party rights. If the Provider is held liable by third parties or governmental institutions due to the violation of rights resulting from the use of materials provided by you, you undertake to indemnify the Provider from all claims and to bear the costs incurred by the claim/elimination of an unlawful condition.

§ 9 Applicable Law, Commercial Jurisdiction

Austrian law applies to contracts, excluding the UN Convention on Contracts for the International Sale of Goods. The legal provisions regarding the limitation of choice of law and the applicability of mandatory provisions, especially those of the state in which you have your ordinary residence as a consumer, remain unaffected. The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Provider, if you are a merchant.

§ 10 Dispute Resolution

(1) The EU platform for out-of-court online dispute resolution is accessible at the following internet address: https://ec.europa.eu/consumers/odr/ (2) The Provider is neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.

§ 11 Right of Withdrawal

(1) Consumers generally have a legal right of withdrawal in the case of distance selling, which the Provider informs about according to the legal template as follows. Exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).

Right of Withdrawal

As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform the Provider by means of a clear statement (e.g., a letter sent by post, fax, telephone call, or email) of your decision to withdraw from this contract. You can use the enclosed sample withdrawal form for this purpose, but it is not required.

To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.

§ Consequences of Withdrawal

If you withdraw from this contract, the Provider must reimburse you for all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a different type of delivery than the standard delivery offered by him), without delay and no later than fourteen days from the day on which the notification of your withdrawal from this contract has been received by him. For this repayment, he will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

The Provider may withhold reimbursement until he has received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to him immediately and in any event no later than fourteen days from the day on which you notify him of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the immediate costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the nature, characteristics, and functioning of the goods.

(2) The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

§ 3 Sample Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and return it.)

— To: Barish Okcu GmbH

Margaretenstrasse 3/1

1040 Vienna

Austria

or by email: office@sumf.world

— I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods (*)/

— Ordered on ()/received on ()

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only in case of notification on paper)

— Date

(*) Delete as appropriate