General Terms and Conditions (GTC)

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Valid from 03/2026

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1. Scope of Application

 

1.1 These General Terms and Conditions (GTC) regulate the mutual rights and obligations between me as the seller and you as the buyer and apply to all purchase contracts regarding our products and goods via the online shop at www.bananabastard.com and www.bananabastard.at. The sale and the entire (contractual) processing take place exclusively on the basis of these GTC in their version valid at the time of the order.

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

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1.3 By submitting an order, you as the buyer expressly agree to the application of these GTC to your order. Oral collateral agreements have no validity. All agreements, collateral agreements, or assurances must be recorded in writing or expressly confirmed in writing by Christian Horn.

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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 by sending an order to us.

2.2 Orders can be placed by filling out and sending the online form in the online shop as well as by e-mail or post.

2.3 By clicking the "Order with obligation to pay" button in the web 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 conditions. Your offer becomes effective as soon as the order has been received by us. You are bound to your offer for a period of 14 days from receipt of your order. We assume no obligation to accept your offer.

2.4 After receipt of your order, you will receive an automated confirmation of receipt, which does not yet represent an acceptance of your order.

2.5 The purchase contract is only concluded when we send you an order confirmation to the e-mail address provided by you. If you do not receive this order confirmation—for example, because you have not provided a (valid) e-mail address—the contract is concluded with the execution of your order—that is, with the handover of the ordered goods to the carrier.

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 circumstance.

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3. Delivery and Transfer of Risk

3.1 All information about availability, delivery time, or delivery in the online shop represents non-binding guide values only. In no case do such details represent binding or guaranteed delivery dates. Fixed dates must be expressly agreed upon with us in writing.

3.2 Delivery will take place as quickly as possible. If you have chosen an electronic payment method, delivery will take place at the latest within 30 days of the conclusion of the purchase contract according to point 2.6 of these GTC, otherwise (payment by bank transfer in advance) at the latest within 14 days of the credit of the total invoice amount (purchase price including secondary costs listed in point 4 of these GTC) to our bank account.

Delivery takes place exclusively to addresses outside the European Union. Delivery to EU member states (incl. Austria) is excluded.

3.3 In the case of an order for several products and goods, the entire order will generally only be dispatched in one shipment once all products and goods are available. Notwithstanding this, partial deliveries are also permissible, provided you recognizably have no interest in them or they are recognizably 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 takes place on workdays during usual business hours to the delivery address provided by you. All costs incurred by us as a result of incorrect or incomplete delivery addresses provided are to be borne by you as the buyer.

3.5 In the event that we fall into delivery delay and are responsible for this, you can withdraw from the contract by setting a grace period of at least 3 weeks. In this case, liability for damages exceeding this is limited in accordance with point 9.

3.6 Delivery of the products and goods for which the purchase contract has been concluded takes place through a delivery service that we select at our best discretion. With your order, you expressly agree to the shipment by a carrier chosen by us.

3.7 You bear the risk of accidental deterioration or accidental loss of the goods you have ordered from the time the goods you have ordered are handed over to you or to a third party named by you who is not the carrier.

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4. Prices, Shipping Costs, and Customs

4.1 All prices are final prices in Euro (EUR). Since delivery takes place exclusively to third countries (outside the EU), no Austrian VAT is charged in accordance with § 7 UStG (tax-free export delivery).

4.2 Shipping costs are not included in the listed prices. These are shown separately during the ordering process.

4.3 Production Locations & Customs: To minimize delivery times and CO2 emissions, we have dedicated production locations in North America (USA, Mexico, Canada), Australia, Brazil, China, and Japan. If production takes place in the same country or economic area as the delivery address, no customs duties generally apply.

4.4 Import Duties: Should a delivery nevertheless take place across borders from another economic area, additional taxes (import sales tax), customs duties, and processing fees of the shipping service provider may apply in the destination country. These costs are to be borne by the buyer and paid directly to the responsible authorities or the delivery service.

 

5. Payment Terms and Retention of Title

5.1 The purchase price together with the secondary costs is due for payment immediately after the conclusion of the purchase contract.

5.2 You have the option to pay for your ordered goods via PayPal® or by bank transfer in advance, credit cards such as VISA, Mastercard, and AMEX, AmazonPay, ApplePay, GooglePay, and many other payment options from WIX Payments.

5.3 Regardless of which payment method you choose, deductions—for example, fees incurred as a result of settlement by international banks—will not be accepted. You are liable for ensuring that the total invoice amount to be paid is available to us completely, irrevocably, and at our free disposal.

5.4 Our products and goods are delivered under retention of title and therefore remain the property of Christian Horn, Biberstrasse 9, 1010 Vienna, until full, irrevocable payment. Before the transfer of ownership, resale, pledging, transfer by way of security, or other disposal without our express written consent is inadmissible.

 

6. Exclusion of the Right of Withdrawal and Liability for Defects

6.1 No Right of Withdrawal for Delivery Outside the EU: Since deliveries take place exclusively to customers in third countries (outside the European Union), there is no statutory right of withdrawal for distance selling transactions. A contractual right of return for non-defective goods is not granted.

6.2 Exclusion for Personalized Goods: Irrespective of the place of delivery, according to § 18 Para. 1 Z 3 FAGG, there is no right of withdrawal for goods that are manufactured according to customer specifications or are clearly tailored to personal needs (e.g., custom-made products, customer-own designs). Please check the size charts carefully before ordering to avoid incorrect orders.

6.3 Complaints and Liability for Defects: Should a product show defects in workmanship or quality at the time of delivery, we guarantee an uncomplicated and free exchange or an equivalent replacement item. In these cases, we will cover the shipping costs for the replacement.

• Duty to Inspect: Deliveries must be checked for completeness and freedom from defects immediately after receipt.

• Notice of Defects: Any defects must be reported in writing with a precise description and photo evidence within 3 days of receipt to Christian Horn (Banana Bastard), Biberstraße 9, 1010 Vienna, or by e-mail to art@bananabastard.at.

• Exclusion: In the case of late or omitted notification of defects, there is no claim to warranty or damages. After recognition of the defect, we decide on replacement or improvement.

 

7. Transport Damage

7.1 If goods are delivered to you with obvious damage to the packaging, you are obliged to complain about this immediately to the carrier and to inform us.

• If you find damage, report it directly to the deliverer, who must be present when the goods are unpacked.

• The deliverer might tell you that you can submit the complaint online, but DO NOT believe them.

• If you receive damaged goods and fail to report the damage to the carrier, we cannot accept responsibility.

• If the deliverer wants to leave the package outside your apartment without your presence, do not allow this.

• If you cannot accept the package personally, please inform your neighbors, friends, or family members to carry out the steps mentioned above if the package shows even the slightest visible damage.

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

 

8. Warranty

8.1 The contractually owed quality of the products and goods for which the purchase contract is concluded results from the descriptions that can be taken from the respective product pages. Please note, however, that the color and quality on the respective product image may differ slightly from the actual color and quality, and such minor deviations in any case do not constitute a defect.

8.2 Warranty: For deliveries to third countries, Christian Horn warrants that the goods are free of defects at the time of handover. The warranty period is 12 months from the transfer of risk. The provisions for the notification of defects according to point 6.3 apply.

8.3 Deviating from this, the following is agreed exclusively for business transactions with entrepreneurs: The warranty period is limited to one year. The warranty period begins at the time of the transfer of risk according to point 3.7 of these GTC, whereby you must inspect the goods for completeness, correctness, and freedom from defects immediately upon receipt. Any defects must be reported in writing to Christian Horn, Biberstrasse 9, 1010 Vienna, immediately, at the latest within 3 days of receipt, stating and describing the alleged defects precisely and including photos (duty to inspect and report defects). If you do not comply with this obligation or do not do so in a timely manner, there is no claim to warranty, damages due to the defect itself, or contestation of the contract due to error regarding the freedom from defects of the item. For further details, please refer to point 6.3.

8.4 For both consumers and entrepreneurs, there is in any case no case of warranty for damage caused by wear and tear, unauthorized changes, the influence of third parties, improper use or treatment of the item, excessive strain, overvoltage, or chemical influences. The same applies to normal wear and tear. In these cases, any warranty is excluded.

 

9. Disclaimer and Limitation of Liability

9.1 Contractual or non-contractual liability only exists if we or a vicarious agent employed by us has caused the damage intentionally or through gross negligence and is therefore excluded in the case of slightly negligent behavior. This limitation of liability applies in particular to damages that represent lost profit, indirect damages, or consequential damages or have arisen due to a delivery delay for which we are responsible. The liability of Christian Horn for personal injury remains unaffected; in this case, the aforementioned limitation of liability does not apply and Christian Horn is liable for any culpable causation.

9.2 Liability for violations of our contractual obligations due to events of force majeure or other circumstances outside our control (e.g., strike) is excluded.

9.3 As far as liability is excluded or limited, this also applies to the liability of our employees and vicarious agents.

9.4 Liability to consumers according to the Product Liability Act remains unaffected by the aforementioned limitations of liability.

10. Prohibition of Set-off

10.1 You are not entitled to 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.

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

11.1 These GTC and all purchase contracts concluded in accordance with these terms and conditions are subject exclusively to Austrian substantive law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2 For all disputes arising from or in connection with these GTC and the purchase contracts concluded in accordance with these terms and conditions, the court with subject-matter jurisdiction for the City of Vienna is agreed as the exclusive place of jurisdiction. We reserve the right to also bring action at the court responsible for your place of residence.

11.3 The place of performance for all orders is the registered office of the company in A-1010 Vienna.

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12. Miscellaneous Provisions

12.1 Should a provision in these GTC or the purchase contracts concluded in accordance with these terms and conditions be or become ineffective or unenforceable, the remaining provisions remain unaffected.

12.2 There are no oral collateral agreements. Supplements, collateral agreements, or changes are only effective if they have been made in writing. This also applies to waiving the written form requirement.