General Terms and Conditions (GTC)

Valid from October 2025

1. Scope of the GTC

1.1 These General Terms and Conditions (GTC) govern the mutual rights and obligations between me as the seller and you as the buyer and apply to all purchase contracts concerning our products and goods via the online shop at www.bananabastard.com and www.bananabastard.at. The sale and all (contract) processing are carried out exclusively on the basis of these GTC in the version valid at the time of the order.

1.2 The operator of this online shop and seller of the products and goods presented is Christian Horn, Biberstrasse 9, 1010 Vienna. Any contractual relationship is concluded with this seller.

1.3 By submitting an order, you as the buyer expressly agree to the application of these GTC to your order. Oral ancillary agreements are invalid. All agreements, ancillary agreements, or assurances must be recorded in writing or expressly confirmed in writing by Christian Horn.

2. Conclusion of Contract

2.1 The products and goods presented in our online shop merely represent an invitation to you to submit a binding offer to us by submitting an order.

2.2 Orders can be placed by completing and submitting the online form in the online shop, as well as by email or post.

2.3 By clicking the "Order with payment" button in the online shop, you declare that you are placing a binding order for the goods listed in the "Shopping Cart." Your order represents a binding offer to me to conclude a purchase contract with you for the goods you have ordered in accordance with these terms and conditions. Your offer becomes effective as soon as we receive the order. You are bound to your offer for a period of 14 days from the receipt of your order. We assume no obligation to accept your offer.

2.4 Upon receipt of your order, you will receive an automated confirmation of receipt, which does not constitute acceptance of your order.

2.5 The purchase contract is only concluded when we send you an order confirmation to the email address you provided. If you do not receive this order confirmation – for example, because you have not provided a (valid) email address – the contract is concluded upon execution of your order, i.e., upon handover of the ordered goods to the shipping company.

2.6 In the event that we cannot accept your offer, for example, because an item is not available, we will contact you immediately and inform you of this fact.

3. Delivery and Risk

3.1 All information regarding availability, delivery times, or delivery in the online shop are merely non-binding guidelines. Such information does not constitute binding or guaranteed delivery dates. Fixed dates must be expressly agreed upon with us in writing.

3.2 Delivery will be made as quickly as possible. If you have chosen to pay via PayPal®, delivery will take place no later than 30 days from the conclusion of the purchase contract in accordance with Section 2.6 of these Terms and Conditions. Otherwise (payment in advance) the delivery will take place no later than 14 days from the credit of the final invoice amount (purchase price including additional costs listed in Section 4 of these Terms and Conditions) to our bank account. Delivery is only possible to addresses in Austria, Germany, and Switzerland.

3.3 When ordering multiple products and goods, the entire order will generally only be shipped in one shipment once all products and goods are available. Notwithstanding this, partial deliveries are also permitted unless you are clearly not interested in them or they are clearly unreasonable for you. In the case of partial deliveries, shipping costs will only be charged once.

3.4 Delivery of the products and goods for which the purchase contract has been concluded will take place on working days during normal business hours to the delivery address provided by you. All costs incurred by us as a result of incorrect or incomplete delivery addresses must be borne by you as the buyer.

3.5 In the event that we are in default of delivery and are responsible for this, you may withdraw from the contract by granting a grace period of at least three weeks. In this case, liability for any additional damages is limited in accordance with Section 9.

3.6 Delivery of the products and goods for which the purchase contract has been concluded will be carried out by a delivery service selected by us at our sole discretion. By placing your order, you expressly agree to shipment by a carrier selected by us.

3.7 The risk of accidental deterioration or accidental loss of the goods you have ordered shall be borne by you from the time the goods you have ordered are handed over to you or to a third party designated by you who is not the carrier.

4. Prices and Shipping Costs

All prices are final prices in euros (EUR or €) and include the applicable statutory value-added tax. The prices listed do not include shipping costs or any other fees or costs. These additional costs will be brought to your attention during the ordering process before completing your order, so that you can cancel the order process if you do not agree to these additional costs. The prices valid at the time of the order always apply.

5. Terms of Payment and Retention of Title

5.1 The purchase price, including any additional costs, is due immediately upon conclusion of the purchase contract.

5.2 You can pay for your ordered goods using PayPal® or advance payment, credit cards such as VISA, Mastercard, and AMEX, AmazonPay, ApplePay, GooglePay, SOFORT transfer, and many other payment options from WIX Payments.

5.3 Regardless of the payment method you choose, deductions – for example, fees incurred as a result of settlement through international banks – are not accepted. You are responsible for ensuring that the final invoice amount to be paid is fully, irrevocably, and freely available to us.

5.4 Our products and goods are delivered subject to retention of title and therefore remain the property of Christian Horn, Biberstrasse 9, 1010 Vienna, until full, irrevocable payment has been received. Prior to the transfer of ownership, resale, pledging, assignment by way of security, or other disposal is prohibited without our express written consent.

6. Right of Withdrawal, Withdrawal Period, Consequences of Withdrawal, and Exclusion of the Right of Withdrawal for Consumers

6.1 If you have concluded the purchase contract as a consumer within the meaning of Section 1 of the Consumer Protection Act, you have the right to withdraw from the purchase contract with us (Banana Bastard, Christian Horn, Biberstrasse 9, 1010 Vienna, email or contact form) within 14 (fourteen) days without giving any reason. The 14-day withdrawal period begins on the day on which the customer or a third party designated by the customer, who is not the carrier, takes possession of the goods (delivery of the goods to the customer or the third party designated by the customer, who is not the carrier). If we make partial deliveries, the withdrawal period only begins on the day on which you or a third party other than the carrier designated by you takes possession of the last delivered goods or the last partial delivery or the last item.

6.2 To exercise your right of withdrawal, you must inform us (Christian Horn (Banana Bastard), Biberstrasse 9, 1010 Vienna or via the contact form) of your decision to withdraw from the purchase contract with us and to revoke it by means of a clear declaration (e.g., a letter sent by post or email).

To comply with the 14-day withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

6.3 Complaints and Liability for Defects
Should a product exhibit defects in workmanship or quality at the time of delivery, we guarantee a straightforward and free exchange. Alternatively, you can receive a replacement item of equivalent value. In these cases, we will cover all shipping costs for the replacement or exchange.
The statutory right of withdrawal for flawless products remains unaffected.
Deliveries must be inspected immediately upon receipt for completeness, accuracy, and freedom from defects.
Any defects must be reported in writing, with a detailed description and photographic evidence, within 3 days of receipt to Christian Horn, Biberstraße 9, 1010 Vienna (obligation to inspect and report defects) or by email to art@bananabastard.at.
In the event of a late or omitted notification of defects, no claim to warranty, compensation, or withdrawal from the contract will be made.
Upon receipt of the notification of defects, we will examine it immediately. If the defect is acknowledged, we will inform you of the next steps – in particular, whether the defect will be remedied by replacement or improvement.
In this case, payments may only be withheld in reasonable proportion to the identified defect.

6.3a Exclusion of the Right of Withdrawal for Print-on-Demand Products

According to Section 18 (1) (3) of the Federal Act on the Protection of Personal Data (FAGG), there is no right of withdrawal (right of revocation) for contracts for goods that are manufactured according to customer specifications or are clearly tailored to personal needs.

This includes, in particular, all print-on-demand products from the Christian Horn (Banana Bastard) shop that are only manufactured after an individual order (e.g., clothing, accessories, art prints, etc.). Since each product is specially produced after it has been ordered, returns or exchanges are not possible unless there is a manufacturing defect or transport damage. Therefore, please be sure to check the size chart before ordering to avoid incorrect orders.

6.4 Refunds

If you withdraw from the purchase contract concluded with us or from your contractual declaration (order) in accordance with Section 6.1, we will refund all payments we have received from you, including delivery costs (except additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the date on which we received notification of your withdrawal (cancellation). For this refund, we will generally use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

If you have expressly chosen a delivery method other than the cheapest standard delivery method offered by us, you are not entitled to reimbursement of the additional costs incurred.

6.5 Return of Goods

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of your withdrawal (cancellation). This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.

7. Transport Damage

7.1 Reporting Obligation
If goods are delivered to you with obvious damage to the packaging, you are obligated to immediately complain to the carrier and inform us.

If you discover any damage, report it directly to the delivery person, who must be present when unpacking the goods.
The delivery person may tell you that you can submit the claim online, but DO NOT rely on this.
If you receive damaged goods and have failed to report the damage to the carrier, we cannot accept any liability.
If the courier wishes to leave the package in front of your home without your presence, do not allow this.
If you are unable to accept the package in person, please inform your neighbors, friends, or family members to follow the steps above if the package shows even the slightest visible damage.

7.2 Your statutory warranty claims remain unaffected by the fulfillment of these obligations.

8. Warranty

8.1 The contractually agreed quality of the products and goods, in respect of which the purchase contract is concluded, is derived from the descriptions provided on the respective product pages. Minor deviations in color or quality from the images do not constitute a defect.

8.2 If the customer has concluded the purchase contract as a consumer within the meaning of Section 1 of the Consumer Protection Act, the general statutory warranty rules apply. Christian Horn guarantees that the products and goods sold are free of defects and comply with the contract at the time of transfer of risk (Section 3.7). The warranty period is two years from the transfer of risk.

8.3 For business transactions with entrepreneurs: the warranty period is limited to one year, beginning at the time of transfer of risk. Goods must be inspected immediately upon receipt, and defects reported in writing to Christian Horn, Biberstrasse 9, 1010 Vienna, within three days, including photos. Failure to comply results in no claim to warranty, compensation, or contract avoidance.

8.4 No warranty applies for damage resulting from wear and tear, unauthorized modifications, third-party intervention, improper use, excessive stress, voltage, chemical influences, or normal wear and tear.

9. Exclusion or Limitation of Liability

9.1 Liability exists only in cases of intentional or grossly negligent conduct by us or our vicarious agents. Slight negligence is excluded. This applies particularly to lost profits, indirect or consequential damages, or delays in delivery. Liability for personal injury remains unaffected.

9.2 Liability is excluded for force majeure or circumstances beyond our control (e.g., strikes).

9.3 These limitations also apply to employees and vicarious agents.

9.4 Liability under the Product Liability Act remains unaffected.

10. Prohibition of Set-Off

10.1 You may not set off your own claims against our claims unless:

we are insolvent; or
your claims are legally related to our claims; or
your claims have been legally established by a court or recognized by us.

11. Applicable Law, Place of Jurisdiction, and Place of Performance

11.1 Austrian substantive law applies exclusively, excluding the UN CISG.

11.2 Exclusive jurisdiction for disputes is the court with jurisdiction over the City of Vienna. We may also sue at your place of residence. Section 14 KSchG applies to consumers.

11.3 Place of performance for all orders is 1010 Vienna, Austria.

12. Other Provisions

12.1 If any provision is invalid or unenforceable, the remaining provisions remain unaffected.

12.2 No oral ancillary agreements exist. Amendments are only valid in writing. This also applies to waiving the written form requirement.

13. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr/