Contents
- § 1 Scope and Provider
- § 2 Subject Matter of the Contract
- § 3 Conclusion of the Contract
- § 4 Prices and Payment
- § 5 Delivery
- § 6 No Right of Withdrawal for Personalised Goods
- § 7 Statutory Warranty
- § 8 Liability
- § 9 Retention of Title
- § 10 Copyright
- § 11 Data Protection
- § 12 Dispute Resolution
- § 13 Final Provisions
This is a convenience translation. Only the German version of these terms is legally binding.
§ 1 Scope and Provider
(1) These General Terms and Conditions (hereinafter “T&Cs”) apply to all contracts concluded between us (the provider) and you (the customer) via the online shop maplove (hereinafter the “Platform”).
(2) The provider is: Lukas Kirschbichler Werbeagentur, Am Weiher 4, 4645 Grünau im Almtal, Austria, email: maplovecc@gmail.com (hereinafter the “Provider”, “we” or “us”).
(3) A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial activity nor to their self-employed professional activity (§ 1 Konsumentenschutzgesetz – KSchG [Austrian Consumer Protection Act]).
(4) Any deviating terms and conditions of yours will not be recognised unless we expressly agree to their validity in writing.
§ 2 Subject Matter of the Contract
(1) Via the Platform, we sell personalised cartographic artworks (hereinafter “Products”). Each Product is made to individual customer specifications and is a unique item.
(2) Personalisation includes in particular: selection of the geographical area, specification of coordinates, choice of colours, styles, dimensions, lettering and other design elements in accordance with the options offered on the Platform.
(3) The product presentations on the Platform do not constitute binding offers; rather, they serve as a non-binding invitation to place an order.
§ 3 Conclusion of the Contract
(1) By completing the ordering process, you submit a binding offer to purchase the selected Products.
(2) Before submitting your order, you can change and review your details at any time. The contract is concluded when we accept the order by means of an order confirmation sent by email or when we dispatch the goods.
(3) We store the text of the contract and, after the contract has been concluded, send it to you by email together with these T&Cs.
(4) The language of the contract is German.
§ 4 Prices and Payment
(1) All prices stated are final prices and include statutory VAT. Shipping costs are shown separately and are to be borne by you, unless stated otherwise.
(2) Payments are processed by the payment service provider Stripe (Stripe Payments Europe, Ltd., Dublin, Ireland). We accept credit and debit cards (Visa, Mastercard, American Express); the accepted payment methods are shown at the start of the ordering process. In the payment step, Stripe may offer further payment methods depending on your device and country.
(3) Payment is due immediately upon placing the order. Production will not begin until payment has been received in full.
§ 5 Delivery
(1) Delivery is made to the delivery address you have provided.
(2) The delivery time is generally 5–7 working days after receipt of payment, as each Product is made individually. You will be informed of the expected delivery time before completing your order.
(3) If the goods or services ordered are unavailable, we reserve the right to inform you without undue delay and to refund any payments already received.
(4) The risk of accidental loss and accidental deterioration passes, if you are a consumer, upon handover to you, and otherwise upon handover to the shipping service provider.
§ 6 No Right of Withdrawal for Personalised Goods
(1) Pursuant to § 18 Abs. 1 Z 3 Fern- und Auswärtsgeschäfte-Gesetz (FAGG) [Austrian Distance and Off-Premises Contracts Act], the right of withdrawal is excluded for goods that are made to customer specifications or are clearly tailored to personal needs.
(2) As all of our Products are made according to individual customer details (map section, coordinates, colour scheme, size, lettering, etc.), they are personalised goods within the meaning of the FAGG.
(3) By completing your order, you confirm that you have been informed that there is no right of withdrawal for the personalised goods ordered.
(4) Before completing your order, you will once again be expressly notified of the exclusion of the right of withdrawal and must actively confirm this.
§ 7 Statutory Warranty
(1) The statutory warranty rights under the Allgemeines Bürgerliches Gesetzbuch (ABGB) [Austrian General Civil Code] and the Konsumentenschutzgesetz (KSchG) apply.
(2) For consumers, the warranty period is two years from handover of the goods.
(3) The following characteristics do not constitute a defect: minor colour deviations between the digital preview and the printed Product (caused by differing screen calibrations and printing processes); tolerances in stated sizes of up to ±3 mm that are typical of production; characteristics resulting from the individual design created by you.
(4) In the case of justified warranty claims, you are initially entitled to repair (rectification) or replacement (substitute delivery). If this is not possible or is disproportionate, you may demand a price reduction or rescission of the contract.
(5) Obvious defects must be reported to us without undue delay, but no later than 14 days after receipt of the goods, accompanied by photos of the defect.
§ 8 Liability
(1) We are liable without limitation for damage resulting from injury to life, body or health, and for intent and gross negligence.
(2) In cases of slight negligence, we are liable only for breach of material contractual obligations (cardinal obligations), and the amount of liability is limited to the damage that was foreseeable at the time the contract was concluded and is typical for this type of contract.
(3) Liability under the Produkthaftungsgesetz (PHG) [Austrian Product Liability Act] remains unaffected.
§ 9 Retention of Title
The goods delivered remain our property until all claims arising from the purchase contract have been paid in full.
§ 10 Copyright
(1) The map data, designs and design elements used on the Platform are subject to our copyright or that of the respective licensors.
(2) Upon purchase, you acquire the right to use the purchased Product for private purposes. Commercial use, reproduction or further distribution is not permitted without our express written consent.
§ 11 Data Protection
Personal data is processed in accordance with the Datenschutz-Grundverordnung (DSGVO) [General Data Protection Regulation, GDPR] and the Austrian Datenschutzgesetz (DSG) [Data Protection Act]. For further information, please refer to our Privacy Policy.
§ 12 Dispute Resolution
(1) The European Commission's online dispute resolution platform (ODR platform) was discontinued on 20 July 2025. You can send complaints directly to us: maplovecc@gmail.com.
(2) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer conciliation body.
§ 13 Final Provisions
(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law applies only insofar as it does not restrict mandatory statutory provisions of the state in which you have your habitual residence.
(2) The place of jurisdiction for all disputes arising from this contract is – to the extent permitted by law – our place of business. For consumers, the statutory place of jurisdiction applies.
(3) Should individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions shall remain unaffected.
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