§ 1 Scope

These General Terms and Conditions (GTC) apply to all contracts concluded between Carpe Diem Handels GmbH (hereinafter "Seller") and a consumer or trader (hereinafter "Customer") regarding the goods offered in the Seller's online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed in writing.

§ 2 Conclusion of Contract

The product descriptions in the online shop do not constitute binding offers but are non-binding invitations to place an order. By submitting an order, the Customer makes a binding offer. The contract is concluded when the Seller sends an order confirmation or delivers the goods, whichever occurs first.

§ 3 Prices and Payment Conditions

All prices include statutory Austrian VAT. Shipping costs are shown separately. Payment can be made using the payment methods displayed in the shop.

§ 3.1 Purchase on Account via Steiermärkische Sparkasse

If this payment method is selected, the full purchase price is due immediately upon order confirmation. Production and shipment of the goods will only commence after the Seller has received the cleared funds in their designated bank account. Payment must be made via bank transfer to the account details provided on the invoice. Please note that the Seller reserves the right to withhold production and delivery until the payment is fully credited to our account. The Seller remains responsible for general customer enquiries (goods, delivery, returns, complaints, cancellations, credit notes).

§ 3.2 Payment via Mollie

Payment processing is carried out by Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands. Individual payment methods are communicated in the online shop. Mollie may use other payment service providers with separate conditions. Further information: https://www.mollie.com/de/

§ 3.3 Payment via HOBEX

If a payment method offered via the payment service “HOBEX” is selected, payment processing shall be carried out by the payment service provider HOBEX AG. The individual payment methods offered via HOBEX shall be communicated to the Customer in the Seller’s online shop. For the processing of payments, HOBEX may use the services of other payment service providers, for which special payment conditions may apply, of which the Customer may be notified separately. Further information on “HOBEX” is available on the internet at https://www.hobex.at. Payment processing via Hobex is handled using Wallee and the Wallee plugin by PIT Solutions.

§ 4 Delivery and Shipping Conditions

Most items are produced on demand (made-to-order) after receipt of order. Delivery typically takes 2–6 weeks depending on the product. Exact delivery times are indicated on each product page or via mail. Delays will be communicated immediately.

Delivery is made to the delivery address specified in the order processing. If PayPal is selected, the address stored with PayPal at the time of payment is decisive.

If delivery fails due to reasons attributable to the Customer, the Customer bears reasonable costs incurred by the Seller (excluding dispatch costs if the right of withdrawal is effectively exercised).

Risk Transfer:

• For traders: Risk passes upon handover to the carrier/freight forwarder

• For consumers: Risk passes upon handover to the Customer or authorized recipient

• Exception: If the Customer commissions a carrier themselves and the Seller has not named this carrier, risk passes upon handover to the carrier

The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply, provided the Seller is not responsible for non-delivery and has concluded a concrete covering transaction with due care. In case of non-availability or partial availability, the Customer will be informed immediately and the consideration refunded.

Personal collection is not possible for logistical reasons.

Vouchers and Tickets: Provided by download or e-mail.

§ 5 Customs Duties and Import Taxes

Displayed prices do not include customs duties, import taxes, or other charges for imports into countries outside the European Union (or your country of residence).

Such fees are the sole responsibility of the buyer. By placing an order, the buyer agrees to handle all customs formalities independently and pay applicable fees directly to relevant authorities or the delivery service provider.

The Seller accepts no liability for:

1. Amount or calculation of these fees (determined by local customs authorities)

2. Delivery delays caused by customs inspections or non-payment of fees

3. Returns or seizure of goods due to incomplete/insufficient customs clearance

Customers should inform themselves about current customs regulations and tax requirements in their country before completing their purchase.

§ 6 Retention of Title

If the Seller provides advance performance, title to the delivered goods remains with the Seller until full payment of the purchase price is received.

§ 7 Warranty (Liability for Defects)

Statutory provisions on liability for defects apply unless otherwise specified below.

§ 7.1 For Traders:

• Seller chooses the type of subsequent performance

• Limitation period for new goods: one year from delivery

• Claims for defects excluded for used goods

• Limitation period does not recommence with replacement delivery

§ 7.2 For Consumers (Used Goods):

• Limitation period: one year from delivery if expressly and separately agreed and Customer was expressly informed of the shortening before submitting the contractual declaration

§ 7.3 Exceptions (Not Subject to Limitations):

• Claims for damages and reimbursement of expenses

• Fraudulent concealment of defects

• Goods used for buildings that caused defectiveness

• Obligations to provide updates for digital products in contracts for goods with digital elements

§ 7.4 For Traders: Statutory limitation periods for existing statutory right of recourse remain unaffected.

§ 7.5 Commercial Duty of Examination (Traders): Customers acting as merchants under the Austrian Commercial Code are subject to the commercial duty of examination and notification of defects (§ 377 HGB). Failure to comply means goods are deemed approved.

§ 7.6 Consumers: Requested to notify carrier of obvious transport damage upon delivery and inform the Seller. Failure has no consequences for statutory or contractual claims for defects.

§ 8 Liability

§ 8.1 Unlimited Liability:

• Intent or gross negligence

• Intentional or negligent injury to life, body, or health

• Guarantee promises (unless otherwise regulated)

• Mandatory liability (e.g., Product Liability Act)

§ 8.2 Limited Liability (Negligent Breach of Material Obligation): Limited to contract-typical, foreseeable damage unless unlimited liability applies under § 8.1. Material obligations are those necessary to achieve the contract's purpose.

§ 8.3 Exclusion: Liability is excluded in all other respects.

§ 8.4 Vicarious Agents: These provisions apply to the Seller's vicarious agents and legal representatives.

§ 9 Special Conditions for Processing According to Customer Specifications

§ 9.1 If processing according to Customer specifications is owed, the Customer must provide all required contents (texts, images, graphics) in specified formats and grant necessary usage rights. The Customer alone is responsible for procuring rights to these contents and declares entitlement to use them, ensuring no third-party rights (copyrights, trademarks, personal rights) are infringed.

§ 9.2 Indemnification: The Customer indemnifies the Seller against third-party claims arising from violation of their rights by the Seller's contractual use of Customer's contents. The Customer bears defense costs (court and lawyer fees at statutory rate), unless not responsible for the infringement. In case of third-party claims, the Customer must provide complete, truthful information immediately.

§ 9.3 Refusal Right: The Seller may refuse processing orders if contents violate statutory/official prohibitions or offend public decency (anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering, violence-glorifying content).

§ 10 Special Conditions for Assembly/Installation Services

§ 10.1 Seller performs services personally or through qualified personnel, possibly using subcontractors. No claim to specific person unless stated in service description.

§ 10.2 Customer must provide all required information completely and truthfully.

§ 10.3 Seller contacts Customer after contract conclusion to agree on service date. Customer ensures access to facilities at agreed time.

§ 10.4 Risk passes upon completion of assembly work and handover to Customer.

§ 11 Special Conditions for Repair Services

§ 11.1 Repairs performed at Seller's place of business.

§ 11.2 Seller performs services personally or through qualified personnel/subcontractors. No claim to specific person unless stated in service description.

§ 11.3 Customer must provide comprehensive defect description and all relevant circumstances.

§ 11.4 Customer sends item at own expense and risk. Transport insurance recommended. Suitable packaging recommended. Seller informs Customer of obvious transport damage immediately.

§ 11.5 Return shipment at Customer's expense. Risk passes upon handover to transport person at Seller's premises. Transport insurance available upon request.

§ 11.6 Personal drop-off/pickup possible if provided in service description or agreed.

§ 11.7 Statutory warranty rights for purchased goods remain unaffected.

§ 11.8 Seller liable for defects in repair services per statutory provisions.

§ 12 Distribution and Re-Export Prohibition to Russia

§ 12.1 Traders may not sell, export, or re-export goods falling under Article 12g of Regulation (EU) No 833/2014 to the Russian Federation, directly or indirectly.

§ 12.2 Customer must ensure purpose is not circumvented by third parties in the supply chain.

§ 12.3 Customer must maintain monitoring mechanism to detect conduct thwarting this provision.

§ 12.4 Breach constitutes material breach entitling Seller to withdraw from contract.

§ 12.5 Culpable breach obliges Customer to pay contractual penalty (amount determined by Seller, reviewable by courts). Further damage claims remain unaffected.

§ 12.6 Customer must immediately notify Seller of problems. Upon request, provide compliance information within two weeks.

§ 13 Campaign Vouchers

§ 13.1 Free promotional vouchers redeemable only in Seller's online shop within specified validity period.

§ 13.2 Individual products may be excluded per campaign restrictions.

§ 13.3 Redeemable before order completion. Subsequent offsetting not possible.

§ 13.4 One voucher per order.

§ 13.5 Order value must meet or exceed voucher amount. No cash refund for remaining credit.

§ 13.6 Other payment methods may cover differences.

§ 13.7 No cash payout or interest on credit balance.

§ 13.8 No voucher refund if goods returned under statutory right of withdrawal.

§ 13.9 Voucher is transferable. Seller may perform with discharging effect to holder unless aware of lack of entitlement/legal incapacity.

§ 14 Gift Vouchers

§ 14.1 Purchasable vouchers redeemable in Seller's online shop unless otherwise stated.

§ 14.2 Valid until end of third year after year of purchase. Remaining credit credited until expiry.

§ 14.3 Redeemable before order completion. Subsequent offsetting not possible.

§ 14.4 One voucher per order.

§ 14.5 For goods only, not for further gift vouchers.

§ 14.6 Other payment methods may cover differences.

§ 14.7 No cash payout or interest on credit balance.

§ 14.8 Transferable. Seller may perform with discharging effect to holder unless aware of lack of entitlement/legal incapacity.

§ 15 Safety and Liability Disclaimer (Applies to ALL Products)

All products (gags, mouth restraints, hoods, masks, blindfolds, collars, cuffs, restraints, ropes, chains, bondage furniture, spanking benches, crosses, dildos, plugs, vibrators, clamps, nipple clamps, weights, paddles, floggers, whips, canes, electro toys, and other BDSM items) are intended exclusively for adult, consensual BDSM play by experienced, informed, and consenting adults.

We expressly disclaim liability for damages from improper, unsafe, or irresponsible use.

Specific Risks:

• Gags/Mouth Restraints/Hoods/Masks: Choking, suffocation, vomiting, breathing difficulties, dental damage. Never use with respiratory problems, intoxication, or inability to communicate clearly. Always use with trusted partner and non-verbal safeword/signal.

• Bondage Furniture/Benches/Crosses: Nerve damage, falls, crushing injuries, joint strain, spinal damage. Ensure stable installation by a competent professional only; never exceed maximum load capacity.

• Restraints/Cuffs/Ropes/Chains/Collars: Nerve damage, circulation problems, skin abrasions, bruising, permanent injury if too tight or too long. Check circulation regularly; never leave bound person unattended.

• Insertable Toys (Dildos, Plugs, Vibrators): Injury, perforation, infection, allergic reaction. Use plenty of suitable lubricant; clean thoroughly before and after.

• Clamps/Nipple Clamps/Weights: Tissue damage, bruising, nerve damage, loss of sensation if too long. Start with short durations and low intensity.

• Impact Toys (Paddles, Floggers, Whips, Canes): Bruising, welts, cuts, broken skin. Use only on fleshy areas; never on spine, kidneys, joints, or face.

• Electro Toys: Burns, muscle cramps, cardiac complications. Never use on persons with heart conditions or pacemakers.

General Safety Rules (Mandatory):

• Follow Safe-Sane-Consensual (SSC) or Risk-Aware-Consensual-Kink (RACK) principles

• Use safewords and non-verbal signals

• Never play alone with breath play, bondage, or items restricting breathing/movement

• Keep emergency scissors and first-aid kit within reach

• All products are novelty/adult play items only, not medical devices

• Strongly advised against any use impairing breathing, circulation, or consciousness

The Customer is solely responsible for safe and responsible use. By purchasing, you acknowledge these risks and release the Seller from liability.

§ 16 Applicable Law

The law of the Republic of Austria applies to all legal relationships between the parties, excluding laws on international purchase of movable goods. For consumers, this choice of law applies only to the extent that protection is not withdrawn by mandatory provisions of the law of the state where the consumer has their habitual residence.

§ 17 Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution procedures before a consumer arbitration board.

§ 18 Copyright and Intellectual Property Protection

§ 18.1 Scope of Protection: All content published on the website [tabulos.shop], particularly photographic representations, video productions, editorial texts, graphics, logos, and the overall design, is protected by copyright. Copyright and all other intellectual property rights are held exclusively by Carpe Diem Handels GmbH or respective licensors (e.g., photographers, models, artists).

§ 18.2 Usage Rights: The content of this website may only be viewed and used for private, non-commercial purposes. Any use beyond this scope, in particular copying, reproducing, distributing, modifying, making publicly accessible, or using the content for commercial purposes (e.g., on social media, other websites, or for one's own advertising campaigns), requires prior express written consent from Carpe Diem Handels GmbH.

§ 18.3 Rights of Likeness: The individuals depicted on the website (models) have contractually regulated their rights regarding the publication of their images and videos. Further use of these depictions by third parties also violates their right to their own image and will be pursued by Carpe Diem Handels GmbH.

§ 18.4 Legal Consequences: Violations of these provisions will be pursued legally without prior notice. Carpe Diem Handels GmbH reserves the right to claim damages and initiate criminal proceedings.

§ 18.5 Trademark: The name "Carpe Diem Handels GmbH" as well as all related trademarks and logos are registered protected rights of Carpe Diem Handels GmbH.