General Terms & Conditions

Preamble

(A) love2care AG, Orbi Tower, Thomas-Klestil-Platz 13, 1030 Vienna ("love2care") is an Austrian joint-stock company (Aktiengesellschaft) registered in the Commercial Court of Vienna under registration number FN 525824x.

(B) love2care facilitates and arranges for monetary donations and other services ("Donations") from contractual partners to non-profit organizations ("NPO"). In addition, love2care sells various products ("Products") via its web shop.

(C) These General Terms & Conditions ("Terms") provide the legal framework for contractual relationships entered into via www.love2care.cc ("Website") by love2care or an NGO and persons who are consumers within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) ("Contracting Party"). The Contracting Party expressly acknowledges and accepts these Terms. Before establishing a contractual relationship, the Contracting Party has the opportunity to view the Terms and save or print them.

(D) love2care realizes Donations and sells Products exclusively on the basis of the following Terms.

§1 Scope

  1. These Terms apply to all legal relationships between love2care and the Contracting Party. Any clauses to the contrary in the terms and conditions of the Contracting Party are not accepted. love2care thus expressly objects any terms and conditions of the Contracting Party.
     

  2. These Terms form the basis for all contracts ("Individual Contracts") that are concluded between love2care and the Contracting Party with regard to services, particularly brokerage contracts and sales contracts. Before concluding an Individual Contract, the Contracting Party shall accept the Terms by ticking the box provided for this purpose, whereby these Terms will become part of the contract.
     

  3. When concluding an Individual Contract, the Contracting Party expressly accepts the content of these Terms. Amendments or side agreements to these Terms require the written confirmation of love2care in order to be valid, and are only valid for the respective individual business transaction.
     

  4. The current version of the Terms is available on the Website and will be sent to the Contracting Party upon conclusion of an Individual Contract.
     

  5. The Contracting Party will be notified of any changes to the Terms by love2care and these changes shall be deemed to be agreed if the Contracting Party does not object to the changed Terms within 14 days; the Contracting Party will be expressly informed of the significance of remaining silent.
     

  6. In addition to the obligations in the Individual Contract, the Contracting Party shall comply with all legal obligations towards love2care.
     

  7. love2care shall invite the Contracting Party via the Website to submit offers (i) for the realization of Donations to an NPO or (ii) for the purchase of a Product.

 

§2 Offer and Acceptance of a Sales Contract

 

  1. In order to submit an offer to purchase a Product to love2care, the Contracting Party shall first select a Product via the Website. After entering the payment data and clicking on the button 'place order with obligation to pay' (kostenpflichtig bestellen), the offer is transmitted to love2care in a binding form ("Purchase Offer"). Such offer is a declaration of intent by the Contracting Party to love2care.
     

  2. After receipt and positive examination of the Contracting Party's Purchase Offer, love2care accepts it by sending a confirmation of acceptance ("Acceptance of Purchase"). By explicitly accepting the Purchase Offer, the Individual Contract between the Contracting Party and love2care becomes legally binding.
     

  3. The confirmation of acceptance and a current version of these Terms shall be sent to the Contracting Party at the e-mail address provided when the Purchase Offer was made. This confirmation shall also contain information about the selected products, the amount of consideration paid as shown on the Website and certain legally required information, in particular information about the Contracting Party's right of withdrawal.

 

§3 Offer, Forwarding and Acceptance of a Donation Contract

 

  1. love2care enables the Contracting Party to use the Website to issue invitations, which are generally non-binding and subject to change, to submit Donation offers to an NPO.
     

  2. In order to submit an offer of a Donation to an NPO via the Website, the Contracting Party first selects the desired donation amount to the desired NPO via the Website. After entering the payment data and clicking the 'Make a Donation' button, the offer is transmitted by love2care to the selected NPO ("Donation Offer"). A Donation Offer is a declaration of intent (Willenserklärung) by the Contracting Party to the respective NPO.
     

  3. The Donation Offer may be made as part of a raffle organized by love2care ("Raffle"). Detailed information on participation in the Raffle can be found in the conditions of participation, available at https://www.love2care.cc/gewinnspiel.
     

  4. Upon receipt of the Contracting Party's Donation Offer, love2care accepts the offer by sending a confirmation of acceptance to the respective NPO ("Acceptance of Donation"). However, the donation contract only becomes legally binding between the Contracting Party and the respective NPO when the donation amount is actually transferred to the respective NPO via the selected payment method. love2care facilitates and realizes Donations to the respective NPO via the Website.
     

  5. The confirmation of acceptance and a current version of these Terms will be sent to the Contracting Party at the e-mail address provided when the Donation Offer was made.

§4 Services

  1. The scope of the services to be provided by love2care is determined by the offer presented by the Contracting Party.
     

  2. With regard to Donations, the general service to be provided by love2care for the respective NPO shall be the realization of the Donation to the NPO selected by the Contracting Party. In this respect, love2care shall provide the necessary infrastructure and ensure that the Donation is directly transferred to the respective NPO ("Realization").
     

  3. With regard to Products, the service to be rendered by love2care shall be the delivery of the Product to the delivery address specified by the Contracting Party in the offer ("Delivery").
     

  4. Subsequent changes to the content of the service shall require written confirmation by love2care.
     

  5. Upon payment of the purchase price resulting from the Purchase Offer, the Contracting Party shall fulfil its contractual obligations to love2care ("Fulfilment of the Purchase Contract") by using the payment method chosen.
     

  6. The Contracting Party shall fulfil its contractual obligations to the respective NPO upon payment of the amount of the Donation selected by the Contracting Party at the time of the offer, using the payment method selected in the offer ("Fulfilment of Donation Contract").

§5 Payment Options, Product Prices, Delivery and Shipping Costs

  1. love2care offers the Contracting Party the following payment options for the Fulfilment of the Purchase Contract: (i) credit card, (ii) PayPal. love2care accepts the Fulfillment of the Purchase Contract by means of these payment options.
     

  2. love2care offers the Contracting Party the following payment options for the Fulfilment of the Donation Contract with the respective NPO: (i) credit card, (ii) PayPal. love2care shall ensure that the respective NPO accepts the Fulfillment of the Donation Contract by means of these payment options. The payment of the Contracting Party shall always be made directly to the NPO. love2care does not accept any amounts of money for forwarding.
     

  3. The product prices displayed on the Website at the time of the purchase offer, which already include VAT, are valid.
     

  4. The delivery costs of the Products are EUR [will be announced with the launch of the online shop] for delivery within Austria and EUR [will be announced with the launch of the online shop] for delivery to another Member State of the European Union.
     

  5. Delivery is generally only within Europe. The risk of accidental loss and accidental deterioration of the Product is transferred to the Contracting Partner upon delivery.
     

  6. Any subsequent change in the price of a Product by the Contracting Party after conclusion of the Individual Contract at the expense of love2care is not accepted and is only possible with the express written consent of love2care.

§6 Right of Withdrawal from a Purchase Contract

  1. Consumers within the meaning of the KSchG have a 14-day right of withdrawal. They may withdraw from an already concluded Purchase Contract for a Product within fourteen (14) days without giving reasons. The period begins to run as soon as the consumer has taken possession of the Product. In the case of Individual Contracts for several Products ordered as part of a single order and delivered separately, or in the case of Individual Contracts for the delivery of a Product in several partial shipments or pieces, the period begins on the day on which the consumer or a third party named by the consumer has taken possession of the last delivered Product/the last partial shipment. In order to exercise the right of withdrawal, an express declaration (e.g. letter or e-mail) or the model withdrawal form in the attachment must be sent to love2care. In order to exercise the right of withdrawal, it is sufficient that such a declaration is sent before the end of the withdrawal period. There is no right of withdrawal in the case of a Donation Contract.
     

  2. If a consumer withdraws from a Purchase Contract, all payments made in this regard shall be refunded within fourteen (14) days of receipt of the declaration at the latest, using the payment method originally used. This also applies to delivery costs, less any additional costs beyond the cheapest standard delivery offered by love2care. The costs for the immediate return of the Product shall be borne by the consumer. A refund may be refused until the product has arrived at love2care. The Products must be returned (sent) without delay, at the latest within fourteen (14) days after the declaration of withdrawal has been submitted.
     

  3. The right of withdrawal cannot be exercised if the Product has been specially manufactured according to customer specifications or clearly tailored to personal needs.

Right of Withdrawal:

Consumers have the right to withdraw from this Purchase Contract within fourteen (14) days without cause.

The withdrawal period begins on the day the consumer has taken possession of the Product. In order to exercise the right of withdrawal, love2care (Orbi Tower, Thomas-Klestil-Platz 13, 1030 Vienna, e-mail contact@love2care.cc) must be informed of the decision to withdraw from this Purchase Contract by means of a clear statement (e.g. a letter or e-mail sent by post).

Consumers can use the attached model withdrawal form. In order to comply with the withdrawal period, it is sufficient for the consumer to send the notice of exercise before the end of the withdrawal period.

 

Result of Withdrawal:

If a consumer withdraws from a Purchase Contract, love2care shall refund all payments received by the consumer, including delivery costs (except for additional costs resulting from the fact that a different delivery method than the cheapest standard delivery offered by love2care was chosen), immediately and at the latest within fourteen (14) days from the day on which the notification of withdrawal from the Purchase Contract was received. For this repayment, love2care shall use the same means of payment as used for the original transaction, unless expressly agreed otherwise; under no circumstances shall any fees be charged for this repayment. love2care may refuse to make a repayment until love2care has satisfied itself that the products have been returned or until proof of this has been provided, whichever is the earlier.

§7 Data Protection

  1. Personal data are processed in accordance with the Data Protection Declaration.
     

  2. Detailed information on the processing of personal data can be found in the Data Protection Declaration, available at https://www.love2care.cc/datenschutz.

§8 Applicable Law, Place of Performance, Jurisdiction, Miscellaneous

  1. The legal relationship with the Contracting Party shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of Austrian international private law.
     

  2. The place of performance for all arising obligations is Vienna.
     

  3. The place of jurisdiction for all disputes arising directly or indirectly from the Individual Contract is agreed to be the competent court for the first district of Vienna. If the Contracting Party is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the place of jurisdiction is the consumer's place of residence. If the Contracting Party is a consumer with residence abroad, both the place of jurisdiction and the applicable law shall be determined by the country in which the consumer has his residence.
     

  4. love2care is entitled to bring an action before another court having jurisdiction over the Contracting Party.
     

  5. In the event that the Contracting Party is not a consumer within the meaning of the Consumer Protection Act, the following shall apply: Should any provision of this agreement be invalid, contestable or unenforceable, this shall not affect the validity of the agreement, provided that this is in accordance with the intention of the contractual parties, as reflected in the provisions of this agreement in their context. Such a provision shall then be replaced by a valid and enforceable provision which has such a legal and, above all, economic content as the invalid provision or which comes closest to it.
     

  6. The European Commission provides a platform for online dispute resolution (OS) (available at http://ec.europa.eu/consumers/odr/). love2care is neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.
     

  7. These Terms are written in German and English. In case of conflict, the German version shall prevail.

Annex (Right of Withdrawal)

Sample Withdrawal Form

 

(If you wish to withdraw from the Purchase Contract, please fill out this form and return it to us.)

 

To
love2care AG

Orbi Tower, Thomas-Klestil-Platz 13

1030 Vienna

Austria

 

Telefone: +43 1 934 60 51

E-Mail: contact@love2care.cc

 

I hereby withdraw from the contract concluded by me in the web shop for the purchase with the

 

following order number _____________________________ and for the following

 

Products ___________________________________________.
 

Ordered on     _____________

 

Received on    _____________

 

Name _________________________________________

Address            _________________________________________


                         _________________________________________

Date _____________                Signature _________________________

 

General Terms & Conditions

Preamble

(A) love2care AG, Orbi Tower, Thomas-Klestil-Platz 13, 1030 Vienna ("love2care") is an Austrian joint-stock company (Aktiengesellschaft) registered in the Commercial Court of Vienna under registration number FN 525824x.

(B) love2care facilitates and arranges for monetary donations and other services ("Donations") from contractual partners to non-profit organizations ("NPO"). In addition, love2care sells various products ("Products") via its web shop.

(C) These General Terms & Conditions ("Terms") provide the legal framework for contractual relationships entered into via www.love2care.cc ("Website") by love2care or an NGO and persons who are consumers within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) ("Contracting Party"). The Contracting Party expressly acknowledges and accepts these Terms. Before establishing a contractual relationship, the Contracting Party has the opportunity to view the Terms and save or print them.

(D) love2care realizes Donations and sells Products exclusively on the basis of the following Terms.

§1 Scope

  1. These Terms apply to all legal relationships between love2care and the Contracting Party. Any clauses to the contrary in the terms and conditions of the Contracting Party are not accepted. love2care thus expressly objects any terms and conditions of the Contracting Party.
     

  2. These Terms form the basis for all contracts ("Individual Contracts") that are concluded between love2care and the Contracting Party with regard to services, particularly brokerage contracts and sales contracts. Before concluding an Individual Contract, the Contracting Party shall accept the Terms by ticking the box provided for this purpose, whereby these Terms will become part of the contract.
     

  3. When concluding an Individual Contract, the Contracting Party expressly accepts the content of these Terms. Amendments or side agreements to these Terms require the written confirmation of love2care in order to be valid, and are only valid for the respective individual business transaction.
     

  4. The current version of the Terms is available on the Website and will be sent to the Contracting Party upon conclusion of an Individual Contract.
     

  5. The Contracting Party will be notified of any changes to the Terms by love2care and these changes shall be deemed to be agreed if the Contracting Party does not object to the changed Terms within 14 days; the Contracting Party will be expressly informed of the significance of remaining silent.
     

  6. In addition to the obligations in the Individual Contract, the Contracting Party shall comply with all legal obligations towards love2care.
     

  7. love2care shall invite the Contracting Party via the Website to submit offers (i) for the realization of Donations to an NPO or (ii) for the purchase of a Product.

 

§2 Offer and Acceptance of a Sales Contract

 

  1. In order to submit an offer to purchase a Product to love2care, the Contracting Party shall first select a Product via the Website. After entering the payment data and clicking on the button 'place order with obligation to pay' (kostenpflichtig bestellen), the offer is transmitted to love2care in a binding form ("Purchase Offer"). Such offer is a declaration of intent by the Contracting Party to love2care.
     

  2. After receipt and positive examination of the Contracting Party's Purchase Offer, love2care accepts it by sending a confirmation of acceptance ("Acceptance of Purchase"). By explicitly accepting the Purchase Offer, the Individual Contract between the Contracting Party and love2care becomes legally binding.
     

  3. The confirmation of acceptance and a current version of these Terms shall be sent to the Contracting Party at the e-mail address provided when the Purchase Offer was made. This confirmation shall also contain information about the selected products, the amount of consideration paid as shown on the Website and certain legally required information, in particular information about the Contracting Party's right of withdrawal.

 

§3 Offer, Forwarding and Acceptance of a Donation Contract

 

  1. love2care enables the Contracting Party to use the Website to issue invitations, which are generally non-binding and subject to change, to submit Donation offers to an NPO.
     

  2. In order to submit an offer of a Donation to an NPO via the Website, the Contracting Party first selects the desired donation amount to the desired NPO via the Website. After entering the payment data and clicking the 'Make a Donation' button, the offer is transmitted by love2care to the selected NPO ("Donation Offer"). A Donation Offer is a declaration of intent (Willenserklärung) by the Contracting Party to the respective NPO.
     

  3. The Donation Offer may be made as part of a raffle organized by love2care ("Raffle"). Detailed information on participation in the Raffle can be found in the conditions of participation, available at https://www.love2care.cc/gewinnspiel.
     

  4. Upon receipt of the Contracting Party's Donation Offer, love2care accepts the offer by sending a confirmation of acceptance to the respective NPO ("Acceptance of Donation"). However, the donation contract only becomes legally binding between the Contracting Party and the respective NPO when the donation amount is actually transferred to the respective NPO via the selected payment method. love2care facilitates and realizes Donations to the respective NPO via the Website.
     

  5. The confirmation of acceptance and a current version of these Terms will be sent to the Contracting Party at the e-mail address provided when the Donation Offer was made.

§4 Services

  1. The scope of the services to be provided by love2care is determined by the offer presented by the Contracting Party.
     

  2. With regard to Donations, the general service to be provided by love2care for the respective NPO shall be the realization of the Donation to the NPO selected by the Contracting Party. In this respect, love2care shall provide the necessary infrastructure and ensure that the Donation is directly transferred to the respective NPO ("Realization").
     

  3. With regard to Products, the service to be rendered by love2care shall be the delivery of the Product to the delivery address specified by the Contracting Party in the offer ("Delivery").
     

  4. Subsequent changes to the content of the service shall require written confirmation by love2care.
     

  5. Upon payment of the purchase price resulting from the Purchase Offer, the Contracting Party shall fulfil its contractual obligations to love2care ("Fulfilment of the Purchase Contract") by using the payment method chosen.
     

  6. The Contracting Party shall fulfil its contractual obligations to the respective NPO upon payment of the amount of the Donation selected by the Contracting Party at the time of the offer, using the payment method selected in the offer ("Fulfilment of Donation Contract").

§5 Payment Options, Product Prices, Delivery and Shipping Costs

  1. love2care offers the Contracting Party the following payment options for the Fulfilment of the Purchase Contract: (i) credit card, (ii) PayPal. love2care accepts the Fulfillment of the Purchase Contract by means of these payment options.
     

  2. love2care offers the Contracting Party the following payment options for the Fulfilment of the Donation Contract with the respective NPO: (i) credit card, (ii) PayPal. love2care shall ensure that the respective NPO accepts the Fulfillment of the Donation Contract by means of these payment options. The payment of the Contracting Party shall always be made directly to the NPO. love2care does not accept any amounts of money for forwarding.
     

  3. The product prices displayed on the Website at the time of the purchase offer, which already include VAT, are valid.
     

  4. The delivery costs of the Products are EUR [will be announced with the launch of the online shop] for delivery within Austria and EUR [will be announced with the launch of the online shop] for delivery to another Member State of the European Union.
     

  5. Delivery is generally only within Europe. The risk of accidental loss and accidental deterioration of the Product is transferred to the Contracting Partner upon delivery.
     

  6. Any subsequent change in the price of a Product by the Contracting Party after conclusion of the Individual Contract at the expense of love2care is not accepted and is only possible with the express written consent of love2care.

§6 Right of Withdrawal from a Purchase Contract

  1. Consumers within the meaning of the KSchG have a 14-day right of withdrawal. They may withdraw from an already concluded Purchase Contract for a Product within fourteen (14) days without giving reasons. The period begins to run as soon as the consumer has taken possession of the Product. In the case of Individual Contracts for several Products ordered as part of a single order and delivered separately, or in the case of Individual Contracts for the delivery of a Product in several partial shipments or pieces, the period begins on the day on which the consumer or a third party named by the consumer has taken possession of the last delivered Product/the last partial shipment. In order to exercise the right of withdrawal, an express declaration (e.g. letter or e-mail) or the model withdrawal form in the attachment must be sent to love2care. In order to exercise the right of withdrawal, it is sufficient that such a declaration is sent before the end of the withdrawal period. There is no right of withdrawal in the case of a Donation Contract.
     

  2. If a consumer withdraws from a Purchase Contract, all payments made in this regard shall be refunded within fourteen (14) days of receipt of the declaration at the latest, using the payment method originally used. This also applies to delivery costs, less any additional costs beyond the cheapest standard delivery offered by love2care. The costs for the immediate return of the Product shall be borne by the consumer. A refund may be refused until the product has arrived at love2care. The Products must be returned (sent) without delay, at the latest within fourteen (14) days after the declaration of withdrawal has been submitted.
     

  3. The right of withdrawal cannot be exercised if the Product has been specially manufactured according to customer specifications or clearly tailored to personal needs.

Right of Withdrawal:

Consumers have the right to withdraw from this Purchase Contract within fourteen (14) days without cause.

The withdrawal period begins on the day the consumer has taken possession of the Product. In order to exercise the right of withdrawal, love2care (Orbi Tower, Thomas-Klestil-Platz 13, 1030 Vienna, e-mail contact@love2care.cc) must be informed of the decision to withdraw from this Purchase Contract by means of a clear statement (e.g. a letter or e-mail sent by post).

Consumers can use the attached model withdrawal form. In order to comply with the withdrawal period, it is sufficient for the consumer to send the notice of exercise before the end of the withdrawal period.

 

Result of Withdrawal:

If a consumer withdraws from a Purchase Contract, love2care shall refund all payments received by the consumer, including delivery costs (except for additional costs resulting from the fact that a different delivery method than the cheapest standard delivery offered by love2care was chosen), immediately and at the latest within fourteen (14) days from the day on which the notification of withdrawal from the Purchase Contract was received. For this repayment, love2care shall use the same means of payment as used for the original transaction, unless expressly agreed otherwise; under no circumstances shall any fees be charged for this repayment. love2care may refuse to make a repayment until love2care has satisfied itself that the products have been returned or until proof of this has been provided, whichever is the earlier.

§7 Data Protection

  1. Personal data are processed in accordance with the Data Protection Declaration.
     

  2. Detailed information on the processing of personal data can be found in the Data Protection Declaration, available at https://www.love2care.cc/datenschutz.

§8 Applicable Law, Place of Performance, Jurisdiction, Miscellaneous

  1. The legal relationship with the Contracting Party shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of Austrian international private law.
     

  2. The place of performance for all arising obligations is Vienna.
     

  3. The place of jurisdiction for all disputes arising directly or indirectly from the Individual Contract is agreed to be the competent court for the first district of Vienna. If the Contracting Party is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the place of jurisdiction is the consumer's place of residence. If the Contracting Party is a consumer with residence abroad, both the place of jurisdiction and the applicable law shall be determined by the country in which the consumer has his residence.
     

  4. love2care is entitled to bring an action before another court having jurisdiction over the Contracting Party.
     

  5. In the event that the Contracting Party is not a consumer within the meaning of the Consumer Protection Act, the following shall apply: Should any provision of this agreement be invalid, contestable or unenforceable, this shall not affect the validity of the agreement, provided that this is in accordance with the intention of the contractual parties, as reflected in the provisions of this agreement in their context. Such a provision shall then be replaced by a valid and enforceable provision which has such a legal and, above all, economic content as the invalid provision or which comes closest to it.
     

  6. The European Commission provides a platform for online dispute resolution (OS) (available at http://ec.europa.eu/consumers/odr/). love2care is neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.
     

  7. These Terms are written in German and English. In case of conflict, the German version shall prevail.

Annex (Right of Withdrawal)

Sample Withdrawal Form

 

(If you wish to withdraw from the Purchase Contract, please fill out this form and return it to us.)

 

To
love2care AG

Orbi Tower, Thomas-Klestil-Platz 13

1030 Vienna

Austria

 

Telefone: +43 1 934 60 51

E-Mail: contact@love2care.cc

 

I hereby withdraw from the contract concluded by me in the web shop for the purchase with the

 

following order number _____________________________ and for the following

 

Products ___________________________________________.
 

Ordered on     _____________

 

Received on    _____________

 

Name _________________________________________

Address            _________________________________________


                         _________________________________________

Date _____________                Signature _________________________

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love2care ag

orbi tower 

thomas-klestil-platz 13 

1030 wien