Legal

1.1. Customers can purchase a tree sponsorship in the course of the Baumbuddy project.

1.2. The aim of the project "Baumbuddy" is to promote the reforestation of native forests in the form of mixed forests and to prevent fallow (forest) areas, as well as the implementation of projects with which tree gardens and orchards are realized.

1.3. These General Terms and Conditions (hereinafter referred to as "GTC" for short) regulate the conditions under which customers can purchase a tree sponsorship from CyberTree as part of the "Baumbuddy" project.

2.1. Deviations from these GTC are only effective upon written acceptance by CyberTree.

2.2. Subsequent changes and/or additions to these GTC require the written confirmation of CyberTree in order to be valid.

3.1. All offer and/or project documents of CyberTree may neither be reproduced nor made accessible to third parties without the written consent of CyberTree. They can be reclaimed at any time.

4.1. No warranty claims against CyberTree can be derived from statements in catalogs, brochures, advertising literature and/or written or oral statements that have not been included in the contract, nor can any liability be established on the part of CyberTree.

4.2. The full usability of the platform www.baumbuddy.at requires the registration of the customer and the creation of a member account. The display of the posted plantings and the reading of comments as well as the use of the CO-2 calculator and the reading of the news is also possible without a registration. In order to use the full range of functions, the customer must have registered in advance. The customer is obliged to fill in all fields displayed in the registration form truthfully and correctly. In the event of a change in the data, the customer undertakes to update the information in the member account without delay.

4.3. When registering, the member establishes a user name and password for access. Inadmissible are user names or other use of data, the use of which violates the rights of third parties, in particular trademark rights or rights to a name. Illegal user names or user names that offend common decency are also inadmissible.

4.4. The customer undertakes to keep the access data secret and to protect it from access by unauthorized third parties. If the customer has lost the access data or if he/she discovers or suspects that his/her access data is being used by a third party, he/she must inform CyberTree immediately. CyberTree assumes no liability for damages caused by access data that have fallen into the hands of third parties.

4.5. CyberTree reserves the right to refuse the registration of a member without giving reasons. As soon as CyberTree accepts a registration, the customer will receive a confirmation by e-mail with the registration data and an activation link.

4.6. The customer agrees to strictly comply with the terms of use for the platform, available at:

4.7. The privacy policy of CyberTree is available at: https://www.baumbuddy.at/datenschutz

    5.1. Included in the price

  • TREEBUDDIES (seedlings)
  • BUDDYWORKOUT (work assignment)
  • BUDDYDEFENDER (wildlife fence/protection)
  • BUDDYPROTECTION (reserve, maintenance, control)
  • BUDDYTRANSPORT (Regional Logistics).
  • BESTBUDDIES (hero/sponsor memorial)
  • BUDDYFUND (Transaction).
  • BUDDYMISSION (planting concept/planning)
  • BUDDYMESSENGER (public relations)

5.2. All percentages listed on media regarding price composition are indicative and may vary by project.

5.3. The price is based on the costs at the time of the initial price quotation, unless otherwise agreed. In the event of a significant increase in costs (such as for seedlings), CyberTree shall be entitled to adjust prices accordingly and appropriately at the delivery date.

6.1. The customer takes over the tree sponsorship purely on a voluntary basis to promote the project "Baumbuddy" and its goals. The customer is expressly informed that CyberTree is not a non-profit company in the sense of §§ 34 ff BAO.

6.2. The selection of the tree species shall be made after analysis by CyberTree or the persons commissioned by it, whereby reference shall also be made to the individual agreement with the party providing the ground area. The respective soil conditions, wind zones, groundwater level and landscape are taken into account. The landowner has to allow unrestricted access to the land and its people within the framework of the individual agreement. In order to avoid long transport routes as far as possible, CyberTree works together with tree nurseries from the region.

6.3. The customer has neither a claim to a certain type of tree nor to a certain area on which the seedling will be planted. Neither is a certain type of planting and/or a certain time of planting assured.

6.4. Planting is basically done mechanically by setting plows or manually by means of one or more workers, who are usually equipped with picks, spades, and setting bags. Classic planting times are spring as well as fall.

6.5. According to the particular location, certain protective devices must be provided for the freshly set seedlings.

6.6. The care of the seedlings - after planting and fencing - has to be carried out by the respective landowner on whose property the planting takes place. CyberTree shall conclude an individual agreement (afforestation agreement) with the latter. CyberTree assumes no liability either towards the customer or towards the landowner for the existence and/or a certain type of development of the seedling.

6.7. The customer shall be informed by CyberTree where the respective seedling will be planted. If possible, the customer shall be given the opportunity to inspect the respective sapling or tree on the respective property for a reasonable period of time twice a year after due advance notice. However, there is no right to this. The customer agrees that the contact data (name and address) of the customer will be disclosed to the respective grantor of the ground.

6.8. Any official and/or other permits required for the planting are to be obtained or secured by the respective landowner. CyberTree assumes no liability for this and no claims can be asserted against CyberTree due to a lack of such permits.

6.9. Cases of force majeure, including, for example, weather-related influences, unforeseeable ground properties, lack of permits, etc., may impede or completely prevent the planting of the seedling or make subsequent removal necessary. The customer cannot derive any claims from this.

6.10. The CyberTree has the right to use subcontractors for all services within the scope of the "Baumbuddy" project.

7.1. The CyberTree is entitled to partial settlements.

7.2. To the extent permitted by law, customers are not entitled to withhold or offset payments due to any counterclaims.

    7.3. If the customer is in default with an agreed payment, CyberTree may, without prejudice to its other rights

  • suspend the performance of its own obligations, if any, until such payment or other performance has been effected,
  • call due all outstanding claims arising from the relevant or other legal transactions and charge statutory default interest on these amounts from the respective due date as well as reasonable reminder charges and/or attorney's fees,
  • withdraw from the contract if a reasonable grace period is not observed.

7.4. Any discounts or bonuses granted are conditional on prior full payment.

7.5. Through the payment, the customer acquires neither ownership nor possession rights (see item 6.1. of these GTC).

7.6. The CyberTree has the right to transmit invoices electronically.

8.1. With the planting and fencing of the seedling, the risk passes to the customer and the property owner.

9.1. The liability of CyberTree is in any case limited in amount to the respective order value.

9.2. Compensation claims of the customer arising from any liability of CyberTree and/or other claims of the customer shall expire if they are not asserted in court within 6 months of knowledge of the damage.

10.1. The legal provisions shall apply, in particular those of the Copyright Act (UrhG) in the currently valid version.

11.1. The same shall apply in the event of a gap requiring supplementation

12.1. Austrian law shall apply exclusively, to the exclusion of the reference norms of international private law and the UN Convention on Contracts for the International Sale of Goods.

13.1. If the customer is a consumer (§ 1 Abs 1 Z 2 KSchG), she/he may withdraw from a distance contract or an off-premises contract within 14 days without giving reasons. The period for withdrawal begins 1. for service contracts with the day of the conclusion of the contract, 2. 2. in the case of sales contracts and other contracts for the purchase of goods a) on the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the goods, b) if the consumer has ordered several goods as part of a single order, which are delivered separately, on the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the goods delivered last, (c) in the case of a contract for the supply of goods in several instalments, on the day on which the consumer or a third party not acting as a carrier and indicated by the consumer acquires possession of the last instalment; (d) in the case of a contract for the regular supply of goods over a fixed period, on the day on which the consumer or a third party not acting as a carrier and indicated by the consumer acquires possession of the goods supplied first; 3. In the case of a contract for the supply of water, gas or electricity not offered in a limited volume or quantity, the supply of district heating or the supply of digital content not stored on a tangible medium, on the day of the conclusion of the contract.

13.2. The declaration of withdrawal is not bound to any particular form. The consumer (customer) may use the model withdrawal form in accordance with Annex I Part B (available at: __________) for this purpose. The withdrawal period shall be deemed to have been observed if the declaration of withdrawal is sent within the period.

13.3. If the consumer (customer) submits a declaration of withdrawal by electronic means, the entrepreneur (CyberTree) shall immediately send him an acknowledgement of receipt of the declaration of withdrawal on a durable medium.

13.4. The model cancellation policy (ANNEX I, A. to the FAGG) can be found at: __________.

13.5. §§ 3 ff KSchG:

13.6. If the customer is a consumer (§ 1 para. 1 no. 2 KSchG) and does not make his/her contractual declaration either on the premises permanently used by the entrepreneur for his/her business purposes or at a stand used by him/her for this purpose at a trade fair or market, he/she may withdraw from his/her contract application or from the contract. This withdrawal can be declared until the conclusion of the contract or thereafter within 14 days. This period shall commence upon delivery to the consumer of a document containing at least the name and address of the trader, the information necessary to identify the contract, as well as information on the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal, but no earlier than the conclusion of the contract, or, in the case of contracts for the sale of goods, the day on which the consumer acquires possession of the goods. If such a document has not been delivered, the consumer shall have the right of withdrawal for a period of twelve months and 14 days from the conclusion of the contract or the delivery of the goods, as the case may be; if the entrepreneur makes up for the delivery of the document within twelve months from the beginning of the period, the extended withdrawal period shall end 14 days after the date on which the consumer receives the document.

13.7. The right of withdrawal shall also exist if the entrepreneur or a third party cooperating with him has brought the consumer to the premises used by the entrepreneur for his business purposes in the course of a promotional trip, an excursion or a similar event, or by personally approaching him individually on the street.

13.8. The consumer shall not be entitled to the right of withdrawal, 1. if he himself initiated the business connection with the entrepreneur or his representative for the purpose of concluding this contract, 2. if the conclusion of the contract was not preceded by discussions between the parties or their representatives, 3. In the case of contracts in which the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs away from their business premises and the agreed consideration does not exceed 25 euros, or if the business by its nature is not operated on permanent business premises and the consideration does not exceed 50 euros, 4. In the case of contracts subject to the Distance and Off-Site Transactions Act or the Insurance Contracts Act, or 5. In the case of contract declarations made by the consumer in the physical absence of the entrepreneur, unless he has been urged to do so by the entrepreneur.

13.9. The declaration of withdrawal is not bound to any particular form. The withdrawal period is met if the declaration of withdrawal is sent within the period.

13.10. The consumer may further withdraw from his contract application or from the contract if the entrepreneur has violated the regulations under trade law concerning the collection and receipt of orders for services (Section 54 GewO 1994), concerning the solicitation of private persons and advertising events (Section 57 GewO 1994) or concerning the receipt of orders for goods from private persons (Section 59 GewO 1994).

13.11. The consumer may further withdraw from his contract application or from the contract if, without his instigation, circumstances relevant to his consent, which the entrepreneur has presented as probable in the course of the contract negotiations, do not occur or occur only to a significantly lesser extent.

13.12. Relevant circumstances within the meaning of the above paragraph are (1) the expectation of the cooperation or consent of a third party necessary for the performance of the entrepreneur to be provided or used by the consumer, (2) the prospect of tax benefits, (3) the prospect of a public subsidy, and (4) the prospect of a loan.

13.13. Withdrawal as referred to in the above two paragraphs may be declared within one week. The period shall begin to run as soon as it is apparent to the consumer that the above circumstances do not arise or arise to a significantly lesser extent and the consumer has received written notification of this right of withdrawal. However, the right of withdrawal shall expire no later than one month after the complete performance of the contract by both contracting parties, and in the case of banking contracts with a term exceeding one year, no later than one month after the conclusion of the contract.

13.14. The consumer shall not be entitled to the right of withdrawal if 1. he already knew or should have known during the contract negotiations that the relevant circumstances will not occur or will occur only to a significantly lesser extent, 2. the exclusion of the right of withdrawal has been negotiated in detail, 3. the entrepreneur agrees to a reasonable adjustment of the contract, or 4. the contract is subject to the Insurance Contracts Act.

13.15. The declaration of withdrawal is not bound to any particular form. The withdrawal deadline is met if the declaration of withdrawal is sent within the deadline.

Terms and Conditions


So that you also see the forest for the trees, we have kept our terms and conditions as simple as possible and thus provide the best transparency in the paragraph jungle.

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