General terms and conditions (GTC)
- Scope of Application
1.1. Adrialpe-Media Filmproduktions GmbH provides its services with regard to the project “Ohne Butter” exclusively on the basis of the following General Terms and Conditions (GTC).
1.2 The following GTC apply to all business transactions between Adrialpe-Media Filmproduktions GmbH with regard to the project Ohne Butter (hereinafter referred to as “Ohne Butter”) and its customers as well as the use of the website https://www.ohne-butter.com/midcentury-moderndesign/.
1.3 In the case of online orders, Ohne Butter shall inform the customer of the validity of the present GTC by e-mail before the order is placed. The customer agrees to the GTC by placing his order by e-mail. In the physical sales locations of Ohne Butter the agreement to the present GTC takes place with the purchase of the goods by the customer, after the necessary reference to the GTC.
1.4. No deviation from the GTC will be recognized unless agreed to in writing by Ohne Butter.
1.5. The GTC may be amended by Ohne Butter at any time and shall apply in the current version at the time of the customer’s order.
- Utilization of the Website
2.1. The use of the website https://www.ohne-butter.com/midcentury-moderndesign/ is free of charge for the user.
2.2. Ohne Butter makes the website https://www.ohne-butter.com/midcentury-moderndesign/ available to users in order to inform them about the products offered and to purchase these products, as well as to contact Ohne Butter.
2.3. Brand names, trademarks, word marks and all images are the property of their respective owners or of Ohne Butter. These are not specifically identified on this website. The absence of a reference or an explicit marking does not mean that the name or term is a freely usable name or term in the sense of trademark law.
- Product Sales
3.1. The services provided by Ohne Butter to the users refer to the presentation of the goods of individual producers, the handling of the ordering and payment process, as well as the organization of the shipment of the products.
3.2. Product images, which are used to describe the goods, are sample photos. These do not represent the product in every case true to life but serve as an illustration. Depending on the screen used, colours and sizes in particular may be represented differently. Decisive is the description of the respective product.
- Conclusion of contract
4.1 The conclusion of the contract between Ohne Butter and the client takes place either
a.) electronically, by e-mail,
b.) in the course of a personal sales meeting at any location, or
c.) at one of Ohne Butter’s sales locations.
4.2 The presentation of goods on the website of Ohne Butter is not a binding offer of sale. Only after the selection of the goods and a respective e-mail correspondence as well as execution of the required order steps does the customer submit a binding offer by means of an express declaration by e-mail.
4.3. Ohne Butter confirms the receipt of the order (the binding offer) by sending a confirmation e-mail to the customer. The acceptance of the contract by Ohne Butter takes place through an express declaration of acceptance by e-mail. The declaration of acceptance can also be sent together with the confirmation e-mail. No purchase contract is concluded for products from one and the same order that are not listed in the declaration of acceptance.
4.4 It is stated that the furniture sold by Ohne Buter are individual pieces and therefore the respective availability is limited. As soon as a binding purchase contract has been concluded for a product, Ohne Butter will mark this piece of furniture as “SOLD” on the website. However, the “SOLD” marking serves only to inform the customer and does not constitute binding information as to whether the goods are still available. Orders are always accepted under reservation of the possibility of delivery. If delivery or compliance with an agreed delivery deadline becomes impossible due to circumstances for which Ohne Butter is not responsible, the obligation to deliver on the intended delivery date expires. Circumstances for which Ohne Butter is not responsible include in particular: Difficulties in obtaining the goods or primary materials from third parties, in the case of subscriptions the delayed release of the goods by the supplier, operational disruptions (also at Ohne Butter’s suppliers), traffic disruptions, lockouts and strikes as well as all cases of force majeure.
- Prices and shipping costs
5.1 The prices at the time of the order apply. Unless otherwise stated, the prices of the respective goods are in euros. No value added tax shall be charged.
5.2 The prices stated in catalogues, brochures, price lists et cetera. are always non-binding – unless expressly stated otherwise in individual cases. The prices are also non-binding for re-orders.
5.3 The prices of the goods do not include the shipping costs, which have to be paid additionally by the customer. The shipping costs depend on the quantity of goods ordered, the shipping method and the delivery destination and will be clearly communicated in the order process before the binding order is submitted. Ohne Butter will invoice the customer the actual costs incurred for shipping, including an appropriate surcharge for direct costs.
- Delivery
6.1 Delivery times are dependent on the goods and the shipping offer of third parties. It is pointed out that all information on the availability, dispatch or delivery of a product is only anticipated, non-binding information and Ohne Butter accepts no liability for the respective information given.
6.2 The customer is responsible for the acceptance of the products. If he is not available at the time of delivery or no alternative delivery is possible, he bears the sole risk that the goods spoil due to his fault. A refund of the spoiled goods based on faulty non-acceptance is excluded.
- Payment methods, late payment
7.1. Ohne Butter offers the following payment methods for paying the purchase price, whereby Ohne Butter can specify the payment method individually for each customer and for each order.
7.1.1. Prepayment/bank transfer:
The customer must pay within 7 days after receiving the declaration of acceptance. As soon as the payment has been received, the delivery of the ordered goods will be arranged. Account fees for foreign transfers (not SEPA) shall be borne by the customer.
7.1.2. PayPal:
The customer must pay via PayPal within 7 days of receipt of the declaration of acceptance. As soon as the payment has been received, the delivery of the ordered goods will be arranged.
7.1.3. Credit card:
The payment is made directly during the ordering process by charging the credit card and the delivery is arranged immediately.
7.2. In the event of default in payment, the customer shall be charged default interest at the statutory rate. The interest rate is 4% or for entrepreneurs 9.2% above the base interest rate. In the event that a collection agency is called in, the customer undertakes to reimburse of the costs incurred.
- Retention of title
8.1. The object of purchase remains the property of Ohne Butter until payment has been made in full.
8.2. The customer is entitled to dispose of these reserved goods in the ordinary course of business. Further disposals (pledging, chattel mortgage or sale after payment position) are not permitted. If third parties seize the goods subject to retention of title, the customer must refer to Ohne Butter’s retention of title and inform us immediately, otherwise he will be liable for the consequences and may be liable for damages.
For entrepreneurs:
8.3. The customer cedes to Ohne Butter all claims to which he is entitled from the resale of the goods purched with ancillary rights. This also applies to insurance and other claims that may arise with regard to the delivered goods. Ohne Butter hereby accepts the cession. The assigned claims serve to secure all claims of Ohne Butter from the sale of the goods under retention of title. The customer is entitled to collect the assigned claim as long as Ohne Butter does not revoke this authorisation. The direct debit authorisation also expires without explicit revocation if the customer stops his payments. At the request of Ohne Butter, the customer must immediately inform Ohne Butter to whom he has sold the goods, and which claims he is entitled to from the sale. Furthermore, the customer must provide Ohne Butter with a written declaration of assignment for each claim. Ohne Butter can convince itself of the correctness of the information by inspecting the accounting records of the customer. It is hereby explicitly permitted by the entrepreneur.
- Offsetting/retention
The customer is only entitled to a right of set-off if his counterclaims have been legally established or are undisputed by Ohne Butter. Furthermore, he is only authorised to exercise the right of retention insofar as his counterclaim is based on the same contractual relationship.
- Customs regulations, import and export regulations
10.1. The import and customs regulations of the respective country must be observed by the customer and complied with at his own risk.
10.2. The customer bears the risk for all consequences arising from the unauthorised shipment of goods abroad, non-observance of the import and customs regulations of foreign countries (including transit regulations), from the incorrect or insufficient completion of the customs declaration of contents, the green customs slip or other accompanying documents, as well as from non-observance of the applicable export regulations. This also applies to damages incurred by the sender due to loss of entitlement to compensation or if the consignment is seized by the customs authorities of a foreign country. It is the customer’s responsibility to obtain information from the recipients of the consignments, the foreign representations of the countries of destination or transit, the foreign trade offices, the chambers of industry and commerce or other offices.
- Right of withdrawal
11.1. Consumers within the meaning of the Austrian consumer protection act (KSchG) have the right to revoke this contract within 14 days without giving reasons. The revocation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
11.2. In order to exercise the right of withdrawal, the customer must inform Ohne Butter of its decision to withdraw from the contract by means of a clear declaration (by post, fax or e-mail). For this purpose, the customer can use the enclosed model withdrawal form (point 20). Preferably, the declaration of withdrawal is to be submitted via e-mail to .
11.3. In order to comply with the withdrawal period, it is sufficient if the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
11.4. The right of withdrawal does not apply to goods that have already been opened, nor to goods that have been manufactured according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiry date has passed (§ 18 para 1 FAGG).
- Consequences of the withdrawal
12.1. If the customer has revoked the contract, Ohne Butter shall return to the customer all payments that Ohne Butter has received from the customer without undue delay and at the latest within 14 days from the day on which Ohne Butter has received the notification of the revocation of the contract. This also includes the delivery costs that the customer has paid to Ohne Butter. However, delivery costs resulting from the fact that the customer has chosen another type of delivery than the cheapest standard delivery offered by Ohne Butter (e.g. express delivery) are excluded.
12.2. Ohne Butter may, however, refuse repayment until Ohne Butter has either received the goods back or the customer has provided proof that the goods have been returned. If the user can only return the received service to us in a diminished condition, he must pay us compensation for the value.
12.3. For the repayment, Ohne Butter uses the same means of payment that the customer used for the original transaction. However, Ohne Butter may also use other means of payment if this does not incur any costs for the customer.
12.4. The customer must return the payment to Ohne Butter immediately and in any case no later than within 14 days from the day on which Ohne Butter was informed of the revocation of the contract. The deadline is met if the customer sends the goods before the end of the 14-day period. The customer has to bear the costs of the return shipment himself.
- Liability
13.1. Ohne Butter shall only be liable for gross negligence and intent for all damages incurred in connection with this contract. Excluded from this is mandatory legal liability for personal injury as well as according to the product liability law. The existence of slight or gross negligence must be proven by the injured party unless it is a consumer transaction. The provisions on damages contained in these GTC or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
For entrepreneurs:
13.2. Claims for damages by the customer can only be asserted in court within six months of knowledge of the damage and the damaging party, but at the latest within three years of the event giving rise to the claim.
13.3. Furthermore, Ohne Butter assumes no liability for indirect damages, consequential damages and financial losses or damages from third party claims. Likewise, Ohne Butter does not assume any liability for any damages resulting from assurances regarding delivery times or product characteristics given by the customer to third parties.
13.4. The liability of Ohne Butter is limited in scope and amount with the business liability insurance taken out by Ohne Butter.
13.5. To the extent permitted by law, the applicability of the liability provisions of the Product Liability Act (PHG) is expressly excluded.
- Warranty / other issues regarding the service
14.1. Taste reasons, customary or minor deviations in the quality, colour, size or weight of the respective products due to technical reasons do not constitute warranty defects or non-fulfilment of the contract. It is pointed out to the customer that the goods offered on the Ohne Butter website are natural products which may differ in their appearance, scent or composition from other products of the same type. It is also expressly pointed out that the goods have already been used by the previous owner and may therefore show signs of age and signs of use.
For entrepreneurs:
14.2. The customer must report any defects in writing and in detail without delay, in any case within 7 days of acceptance/service by Ohne Butter, concealed/hidden defects within 7 days of recognising them; otherwise the service shall be deemed to have been approved. In this case, the assertion of warranty claims and claims for damages as well as the right to contest errors due to defects is excluded.
14.3. The warranty period is six months from the time of the transfer of risk. § 933b ABGB (Austrian general civil code) shall not apply.
14.4. The existence of defects shall be proven by the customer. The presumption of § 924 ABGB (Austrian general civil code) is excluded.
14.5. Ohne Butter is entitled in the case of warranty to determine the type of warranty (improvement, exchange, price reduction or cancellation) itself.
- Shipment / Transfer of Risk
15.1. If the customer wishes the goods to be sent by mail, the customer shall bear the risk of transport. The risk of loss or damage to the goods thus passes to the customer as soon as Ohne Butter has handed over the goods to the carrier.
15.2. The goods will be dispatched, unless otherwise agreed in individual cases, within 14 days of receipt of payment in the case of payment in advance and within 14 days of sending the declaration of acceptance from Ohne Butter to the customer in the case of other methods of payment. Ohne Butter is entitled to exceed the delivery period by up to 7 days. Only after this period has expired is the customer entitled to withdraw from the contract after setting a reasonable period of grace.
15.3 If the customer has not accepted the goods as agreed (default in acceptance), the customer shall be liable for all costs arising from the default in acceptance. This includes any costs of returning the goods to Ohne Butter, costs of resending the goods to the customer and any costs of storing the goods.
15.4. Should the customer return goods received to Ohne Butter for any reason whatsoever, the customer shall bear the costs of shipment on his own account.
15.5. Ohne Butter is entitled, but not obliged, to store the goods on its premises at the customer’s expense and risk, or to store them with an authorised contractor. Ohne Butter can charge reasonable storage fees in this case. Unless Ohne Butter proves higher storage fees, these amount to at least 0.1% of the gross invoice amount per calendar day.
15.6. The regulations on default of acceptance also apply if delivery to the customer is not possible and this is due to the fault of the customer. This includes, for example, the failure to collect the parcel within the open period. In this context, the customer is also obliged to indicate the address (name of the flat, staircase, etc.) in such a way that delivery by the delivery service is possible without any problems.
15.7. Any statutory rights of Ohne Butter, such as withdrawal from the contract, remain unaffected by the above provisions.
- Confidentiality
16.1. Plans, sketches, cost estimates and other documents such as brochures, catalogues, samples, presentations and the like remain the intellectual property of Ohne Butter. Any use, in particular the passing on, duplication, publication and making available, including copying even of extracts, requires the express consent of Ohne Butter.
For entrepreneurs:
16.2. The contracting parties shall not disclose to third parties the business secrets of the respective other contracting party that become known to them.
16.3. In the event of an order, Ohne Butter is entitled to name the customer as a reference for advertising purposes. However, the customer can withdraw this right at any time by written notification.
- Applicable law, place of jurisdiction, place of performance
17.1. This contract shall be governed by Austrian substantive law to the exclusion of the conflict-of-law rules of private international law.
17.2. The competent court in Vienna shall have exclusive jurisdiction to decide on all disputes arising from the contract and all obligations arising from these General Terms and Conditions. Mandatory places of jurisdiction for consumers remain unaffected by this.
17.3. Place of performance is the location of Ohne Butter in 1010 Vienna.
- Written form
Subsidiary agreements, amendments, supplements or restrictions to the contract or these General Terms and Conditions must be in writing to be effective. This also applies to any waiver of this written form requirement.
- Salvatory clause
In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision which comes closest to its meaning and purpose.
- Withdrawal form
Example-Withdrawal form
If you wish to cancel the contract, please complete this form and return it to the address or to .
I/We hereby revoke the contract concluded by me/us concerning:
The purchase of the following goods: …………………………………………………………………..
The performance of the following services*………………………………………………………………..
Ordered on*/received on*……………………………………………………………………………………….
Name of the consumer(s)……………………………………………………………………………………….
Address of the consumer(s)…………………………………………………………………………………….
Date/Signature**of the consumer(s)………………………………………………………………………….
*delete where inapplicable
**only for averaging on paper
Data protection declaration
- General information
1.1. The protection of your personal data is important to us. Your data will be processed exclusively in accordance with the provisions of the General Data Protection Regulation (GDPR), the Data Protection Act (DSG) and the Telecommunications Act (TKG).
1.2. In this privacy policy, we inform you about the scope and purpose of data processing, your rights and other important aspects.
- Personal data
Pursuant to Article 4 para 1 of the GDPR, data is considered to be personal data if information is available that relates to an identified or identifiable natural person. An identifiable person is one who can be identified directly or indirectly. Personal data includes, for example, name, address, IP address, e-mail address, etc.
- Contact
Adrialpe-Media Filmproduktions GmbH in the project “Ohne Butter”
Wildpretmarkt 3
1010 Wien
Josefstädterstraße 101
1080 Wien
Sponheimerstraße 2
9020 Klagenfurt
+43 676 560 14 12
+43 664 111 95 97
- Collection and processing of your personal data
4.1. The purpose of processing your data is to operate the website and process the contract; this also includes related activities (processing payment and shipping, etc.). Your personal data will only be used if the purpose requires it and there is a justification.
4.2. The payment is processed directly via the respective portals of the credit or banking institutions. Ohne Butter does not save any account-related data (account data such as account number, bank code) but only receives a confirmation of the receipt of payment from the respective credit or banking institution.
4.3. For the purpose of operating our website, the following data is stored and processed:
- Browser type and version;
- Operating system used;
- Website from which you are visiting us;
- Website you are visiting;
- Date and time of your access;
- Your internet protocol (“IP”) address.
4.4. For the purpose of contract initiation and performance (and related activities), the following data will be stored and processed:
- Address
- payment data
- Etc
4.5. Personal data provided to Ohne Butter via visits to the website are only stored until the purpose for which they were entrusted to Ohne Butter has been fulfilled. Insofar as retention periods under commercial and tax law must be observed, the storage period for certain data may be up to 7 years.
The legal basis for the processing of your personal data can be found under points 5.1. to 5.5. Your data will be passed on to third parties in accordance with point 5.6.
- Legal basis for the processing of personal data
5.1. Consent pursuant to Art 6 para 1 lit a GDPR: Consent on your part exists if you have given your prior consent to certain, clearly delimited processing (in particular the use of cookies). Your consent can be revoked at any time.
5.2. Fulfilment of the contract and initiation of the conclusion of the contract pursuant to Art 6 para 1 lit b GDPR: The processing of your personal data is permissible in order to initiate a business transaction and to process it after conclusion of the contract
5.3. Fulfilment of legal obligations according to Art 6 para 1 lit c GDPR: The processing of your personal data is permitted in order to comply with legal obligations. In particular, the Austrian Federal Tax Code (BAO) and the Business Code (UGB) stipulate retention obligations (7 years).
5.4. The deletion takes place after these periods have expired, and the necessity of retaining the data is reviewed every three years.
5.5. Legitimate interests pursuant to Art 6 para 1 lit f GDPR: The processing of your personal data is permissible if we have a legitimate interest in the processing (e.g., answering your enquiries, etc.).
5.6. Disclosure of personal data to third parties: Your personal data will only be passed on if you have given your consent if it is necessary for the initiation or fulfilment of a contract or if there are legal obligations. You will find detailed information about these third parties below.
5.7. Via our website we offer you the possibility to subscribe to our newsletter. If you subscribe to our newsletter, we will inform you about our offers at regular intervals. You can cancel your subscription to this newsletter at any time. You can find details on this in the confirmation e-mail and in each individual newsletter.
5.8. The processing of your associated data (in particular name, IP address and e-mail address) is based on your consent pursuant to Art 6 para 1 lit b GDPR. We will check the e-mail address you have entered to ensure that you are actually the owner of the e-mail address provided.
- Cookies
6.1. Ohne Butter uses so-called cookies on the website. Cookies are small text files that your internet browser places and stores on your computer. On the one hand, they serve to optimise our website and our offers. On the other hand, they serve to recognise users. Most of these are “session cookies” that are deleted after your visit. In individual cases, however, “permanent cookies” are also set, which are not deleted after the end of your visit.
6.2. For cookies that are not technically essential, you will be asked for your consent.
6.3. If cookies are absolutely necessary for functional reasons, processing is also possible without your consent in accordance with § 96 TKG, Art 6 para 1 lit f GDPR.
- Your rights
7.1. The GDPR standardises the following rights:
- Information
- rectification
- Restriction of processing
- deletion
- data portability
- Revocation
- Objection to processing
7.2. If you wish to make use of one of these rights, please contact us and provide proof of your identity (e.g., by means of a copy of your identity card) to .
7.3. You also have the right to lodge a complaint with the Austrian data protection authority if you are of the opinion that the processing of your data violates data protection regulations.
- Data security
We are constantly improving our security measures to protect your personal data from access by third parties. All personal data is transmitted in encrypted form. Despite great care, Ohne Butter shall not be liable for unlawful interference by third parties.