Terms of Service

of EasyCommerce GmbH, FN 588118f – Commercial Court of Vienna

Last Update: November 2025

1. General Provisions and Scope

1.1. These Terms of Service ("Terms") exclusively govern all transactions between the customer (hereinafter referred to as the “Customer”) and EasyCommerce GmbH, Delugstraße 7/2/3, 1190 Vienna, Austria (hereinafter referred to as “EasyCommerce”).

1.2. Any terms and conditions provided by the Customer that differ from or conflict with these Terms shall not be recognized, unless expressly approved in writing by EasyCommerce. Any acts of performance by EasyCommerce shall not constitute acceptance of deviating conditions.

1.3. Should any provision of these Terms be deemed invalid, the validity of the remaining provisions and of any contracts concluded under these Terms shall remain unaffected. The invalid provision shall be replaced by a valid one that most closely reflects its economic intent.

1.4. A Customer is considered a consumer if the purchase is made primarily for personal, non-commercial purposes (pursuant to § 1 KSchG). If the transaction pertains to the operation of a business, the Customer is considered an entrepreneur under § 1 KSchG and § 1 UGB.

1.5. Customers must have legal capacity to enter into a contract. EasyCommerce reserves the right to withdraw from any agreement upon becoming aware of a lack of legal capacity.

2. Orders and Contract Formation

2.1. The display of products, goods, or services in the EasyCommerce webshop or on other platforms (e.g. social media) does not constitute a binding offer. It merely invites the Customer to submit a binding purchase offer.

2.2. The Customer submits a binding purchase offer by selecting the desired products, including any personalization options, and providing the necessary contact information (e.g. name, address, email, phone number, shipping address, etc.).

2.3. By clicking “Pay Now” and completing payment, the Customer submits a legally binding purchase offer.

2.4. Upon submission of the order, the Customer receives an order confirmation summarizing the order details. A legally binding contract is only formed upon express acceptance by EasyCommerce or by dispatch of the goods.

2.5. The Customer is solely responsible for the accuracy of all information provided (e.g. product details, contact and delivery information). EasyCommerce is not obligated to verify the correctness or plausibility of such data. Any additional costs incurred due to incorrect information shall be borne by the Customer.

3. Products and Personalization

3.1. EasyCommerce offers products that can be personalized by the Customer, such as names, dates, messages, images, or other custom elements.

3.2. The Customer is solely responsible for ensuring that the submitted content does not infringe on the rights of third parties and does not include illegal, prohibited, or offensive material. The Customer shall indemnify and hold EasyCommerce harmless from any resulting claims. EasyCommerce reserves the right to reject or cancel orders without justification. No claims may be made by the Customer in the event of such rejection.

3.3. Only the Latin alphabet and Arabic numerals are supported for personalization. Special characters, umlauts, or alternative scripts may not be available.

3.4. The Customer bears full responsibility for any errors or typos. EasyCommerce has no obligation to review submitted content for correctness or appropriateness. Any costs resulting from such errors are the responsibility of the Customer.

4. Consumer Right of Withdrawal under § 11 FAGG

4.1. Products from EasyCommerce are made to order and personalized for the Customer. As such, they are not suitable for return.

4.2. Even if the Customer qualifies as a consumer under the Austrian Consumer Protection Act (KSchG), the right of withdrawal under § 11 FAGG is excluded in accordance with § 18(1) FAGG.

5. Prices, Shipping Costs, Delivery Conditions

5.1. Unless otherwise indicated, all prices exclude Sales Tax because EasyCommerce is currently not obligated to collect Sales Tax and exclude additional charges such as duties. 

5.2. Product prices do not include shipping costs unless explicitly stated otherwise.

5.3. EasyCommerce ships primarily within the United States (excluding Alaska, Hawaii), Germany and Austria. 

5.4. Delivery times are non-binding unless explicitly confirmed in writing by EasyCommerce. In the case of a delivery delay, the Customer may only withdraw from the contract after setting a grace period of at least 14 days.

5.5. Unexpected disruptions at the production facility, with suppliers, or with other parties involved in the manufacturing and delivery process release EasyCommerce from delivery obligations for the affected timeframe. Partial deliveries are allowed and do not entitle the Customer to reject the remaining order or withdraw from the contract.

5.6. All goods remain the property of EasyCommerce until full payment has been received.

6. Payment Terms, Late Payment, Reminder and Collection Fees

6.1. EasyCommerce offers multiple payment methods, which the Customer may choose from during checkout. Payment processing is handled by the selected payment service provider and subject to their terms and conditions.

6.2. In case of late payment: Consumers: Statutory interest rate of 4% per annum applies under the Austrian Civil Code (ABGB). Businesses: Statutory interest rate of 9.2 percentage points above the base rate applies under the Austrian Commercial Code (UGB). EasyCommerce may also charge compound interest from the date of delivery.

6.3. The Customer agrees to reimburse EasyCommerce for any necessary reminder or collection fees incurred during the enforcement of claims, to the extent permitted by law.

7. Defective Goods and Damages

7.1. For business customers, complaints must be submitted within 14 days of receiving the goods. For consumers, the statutory warranty provisions under §§ 922ff ABGB apply.

7.2. Claims for damages due to slight negligence are excluded. This does not apply to personal injury or, in the case of consumer transactions, to damage to items that were entrusted for processing.

7.3. If the Customer is not a consumer, they bear the burden of proof for establishing negligence. These damage provisions also apply where the claim is made in addition to or instead of a warranty claim.

8. Contract Termination

8.1. EasyCommerce reserves the right to withdraw from the contract without notice if the Customer defaults on acceptance or for other material reasons.

8.2. The Customer is responsible for covering any costs already incurred by EasyCommerce at the time of termination, including in cases of unjustified withdrawal by the Customer.

9. Governing Law and Jurisdiction

9.1. The contract language is German. Even if EasyCommerce uses another language during the transaction, the German version shall prevail in interpretation. 

9.2. Austrian law applies, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). If Article 6(1) Rome I applies, this choice of law does not deprive consumers of protections granted by the mandatory provisions of their country of residence.

9.3. The place of jurisdiction for all disputes arising directly or indirectly from this agreement is the competent court in Vienna, unless a different venue is required by mandatory law. EasyCommerce may also choose to bring claims at the Customer’s local court.

9.4. The place of performance is the registered office of EasyCommerce.

10. Final Provisions

10.1. All legally binding declarations must be made in writing. Communication sent to the most recently provided email address fulfills the requirement of written form.

10.2. Headings are for convenience only and are not to be used for interpreting these Terms.

10.3. EasyCommerce reserves the right to exclude Customers from services at any time and without stating reasons.

10.4. EasyCommerce may assign its claims to third parties. Customers may only assign claims against EasyCommerce with prior written consent.