1. Scope of Application

1.1 These Terms and Conditions (hereinafter referred to as "T&C") apply to all contracts concluded between the customer and Michael Perdacher, Ribnigstraße 51, 9580 Villach-Drobollach, Austria (hereinafter referred to as "heybarney") via the online shop heybarney.shop.

1.2 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

1.3 Deviating conditions of the customer are not recognized, unless heybarney expressly agrees to their validity in writing.

2. Conclusion of Contract

2.1 The presentation of goods in the online shop does not constitute a legally binding offer, but an invitation to submit an offer.

2.2 The customer can select products from heybarney's range and collect them in a virtual shopping cart by clicking the "Add to Cart" button. By clicking the "Buy Now" button, he/she submits a binding offer to purchase the goods in the shopping cart.

2.3 Before submitting the order, the customer can change and view the data at any time.

2.4 heybarney will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again. The automatic confirmation of receipt merely documents that the order has been received by heybarney and does not constitute acceptance of the offer.

2.5 The contract is only concluded by heybarney's declaration of acceptance, which is sent by a separate e-mail (order confirmation).

3. Prices and Payment Terms

3.1 All prices stated on heybarney's website include the applicable statutory value-added tax.

3.2 In addition to the stated prices, shipping costs may apply for delivery. The shipping costs will be clearly communicated to the customer before completing the order.

3.3 Payment can be made by credit card, PayPal, instant transfer, or Klarna.

3.4 When paying in advance, the customer must transfer the invoice amount in full within 7 days of receiving the order confirmation to heybarney's account. In the event of non-payment within this period, heybarney reserves the right to withdraw from the contract.

4. Delivery and Shipping Costs

4.1 Delivery is made within the EU.

4.2 The delivery time is, unless otherwise stated in the offer, 5-10 working days for production plus 2-5 working days for shipping.

4.3 If a product is not available, the customer will be informed immediately. Any payments already made will be refunded without delay.

4.4 Shipping costs are €4.90 within Austria, €5.90 within Germany, and €7.90 to other EU countries. Shipping is free for orders over €50.

5. Custom-Made Products and Right of Withdrawal

5.1 heybarney manufactures caps according to customer specifications. This means that each product is made specifically for the customer and cannot be reused for other customers.

5.2 According to § 18 para. 1 Z 3 FAGG, there is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

5.3 Since the personalized caps offered by heybarney are individually manufactured products for the customer, returns or exchanges are excluded.

5.4 The customer is expressly informed before completing the order that the right of withdrawal does not apply to individually manufactured products.

6. Warranty

6.1 The statutory warranty rights apply.

6.2 If a delivered product is defective, the customer can initially choose between subsequent performance by repair or replacement delivery.

6.3 If the chosen type of subsequent performance is only possible with disproportionate costs, heybarney is entitled to carry out the other type of subsequent performance.

6.4 If the subsequent performance fails, the customer can generally choose between a reduction in the purchase price (reduction) or cancellation of the contract (withdrawal). In the case of only minor defects, the customer has no right of withdrawal.

7. Liability

7.1 heybarney is liable without limitation for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by heybarney or an intentional or negligent breach of duty by a legal representative or vicarious agent of heybarney.

7.2 heybarney is also liable for other damages resulting from an intentional or grossly negligent breach of duty by heybarney or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of heybarney.

7.3 For damages resulting from a slightly negligent breach of duty by heybarney or a slightly negligent breach of duty by a legal representative or vicarious agent of heybarney, heybarney is only liable if this breach of duty violates an essential contractual obligation. In this case, liability is limited to the foreseeable, typically occurring damage.

8. Data Protection

8.1 heybarney collects and processes the customer's personal data as part of the processing of contracts. In doing so, heybarney particularly observes the provisions of the Data Protection Act and the General Data Protection Regulation.

8.2 Without the customer's consent, heybarney will only collect, process, or use the customer's personal data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

8.3 Further information on data protection can be found in heybarney's privacy policy.

9. Copyrights

9.1 The customer assures that they have all rights to the images and motifs uploaded by them and that the use of these images and motifs does not infringe the rights of third parties.

9.2 The customer indemnifies heybarney against all claims by third parties that are asserted against heybarney due to an infringement of third-party rights by the images and motifs uploaded by the customer.

10. Final Provisions

10.1 Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of heybarney.

10.3 Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.

11. Online Dispute Resolution

11.1 The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr/.

11.2 heybarney is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

12. Contact

If you have any questions about these General Terms and Conditions, you can contact us as follows:

heybarney
Michael Perdacher
Ribnigstraße 51
9580 Villach-Drobollach
Austria

E-Mail: info@heybarney.shop
Phone: +43 664 4580333