General terms and conditions of business
for customers of the online shop (hereinafter referred to as “ customer ” or “ customers ”)
GENUSSKOARL GmbH
(FN 581777f)
Marie-Curie-Strasse 8
A-2120 Wolkersdorf
(hereinafter referred to as “ GENUSSKOARL ”)
1. SCOPE AND CHANGES
1.1. These General Terms and Conditions apply to all orders and purchases that the customer makes via the online shop www.genusskoarl.at/ (“Online Shop”).
1.2. The General Terms and Conditions apply to the contract with the customer, who is either a consumer within the meaning of Section 1 Paragraph 1 Z 2 KSchG (“Consumer”) or an entrepreneur within the meaning of Section 1 Paragraph 1 Z 1 KSchG (“Entrepreneur”).
1.3. General terms and conditions of the customer that stipulate regulations that deviate from the General Terms and Conditions or other contractual agreements between GENUSSKOARL and the customer are deemed not to have been agreed and are therefore ineffective.
1.4. GENUSSKOARL reserves the right to change these terms and conditions at any time and without giving reasons. The version of the General Terms and Conditions applicable to the customer is the version that is/was available in the online shop at the time of the customer's order and to which the customer expressly agreed when completing the order.
1.5. Customers can access the information on the protection of their personal data in accordance with Article 13 and Article 14 GDPR at https://www.genusskoarl.at/datenschutz/.
2. CONCLUSION OF THE CONTRACT
2.1. When ordering in the online shop, after selecting the desired product and entering the necessary data, the customer makes a binding offer to conclude a contract for the desired product by clicking on the “Order for a fee” button, to which he remains bound for 7 days. Before sending the binding order, the customer has the opportunity to check and correct all the data he has entered.
2.2. If GENUSSKOARL accepts the order, the customer will receive an order confirmation by email. This order confirmation creates a binding contract between the customer and GENUSSKOARL regarding the delivery of purchased products. GENUSSKOARL reserves the right not to accept orders without providing information.
2.3. By clicking the box “I have read and agree to the terms and conditions.” during the ordering process, the customer confirms that he has read and understood the terms and conditions and expressly accepts the terms and conditions.
2.4. GENUSSKOARL reserves the right to cancel orders that have not been paid for within 14 days. This particularly applies to direct bank transfers using the “advance payment” payment method.
3. RIGHT OF WITHDRAWAL FOR CONSUMERS WHEN USING THE ONLINE SHOP
3.1. If the customer is a consumer and the contract for the purchase of a product was concluded via the online shop, he has the right to withdraw from the contract within fourteen days of the conclusion of the contract without giving reasons. For exceptions to the statutory right of withdrawal in the case of perishable or sealed goods, see point 3.5.
3.2. In order to exercise the right of withdrawal, the customer must withdraw from the contract by means of a clear declaration (e.g. by means of a letter sent by post or email) to GENUSSKOARL at office@genusskoarl.at or to GENUSSKOARL GmbH, Marie-Curie-Straße 8, A -2120 Wolkersdorf, announce. The customer can use the sample cancellation form below (point 4) to withdraw, although this is not mandatory.
3.3. In order to meet the withdrawal deadline, it is sufficient for the customer to send notification of the exercise of the right of withdrawal before the withdrawal deadline has expired.
3.4. Consequences of withdrawal: If the customer withdraws from the contract, GENUSSKOARL must reimburse the customer all payments that GENUSSKOARL has received from the customer immediately and no later than fourteen days from the day on which notification of the withdrawal from the contract was received by GENUSSKOARL. For this repayment, GENUSSKOARL uses the same payment method that the customer used in the original transaction, unless something different was expressly agreed with the customer; In no case will the customer be charged any fees for this repayment.
3.5. Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back)
To GENUSSKOARL GmbH, Marie-Curie-Straße 8, A-2120 Wolkersdorf, office@genusskoarl.at,
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
– Ordered on (*)/received on (*):
– Name of the consumer(s):
– Address of the consumer(s):
– Signature of the consumer(s) (only for paper notification):
- Date:
___________________
(*) Delete what is not applicable
4. EXCEPTION FROM THE RIGHT OF WITHDRAWAL ACCORDING TO THE FAGG
4.1. There is no right of withdrawal for goods that spoil quickly (Section 18 Paragraph 1 Z 4 FAGG).
4.2. Likewise, there is no right of withdrawal for goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery (Section 18 Paragraph 1 Item 5 FAGG).
5. DELIVERY OF THE PRODUCTS
5.1. The ordered products will be delivered by DPD Direct Parcel Distribution Austria GmbH, Arbeitergasse 46, A-2333 Leopoldsdorf; Raben BEXity GmbH, Warneckestraße 7, A-1110 Vienna or AUGUSTIN QUEHENBERGER GROUP GMBH, commercial area N 5, A-5204 Straßwalchen.
5.2. Orders will be shipped as quickly as possible. To protect the environment, the courier service is only requested when several orders have been received in order to keep the carbon footprint as low as possible. As a rule, products are shipped within 3 working days from order confirmation.
6. PAYMENT
6.1. The purchase price of the ordered products is the price stated in the online shop at the time of the order. All prices include sales tax.
6.2. The purchase price is due for payment in full without deduction upon receipt of the order confirmation.
6.3. The payment methods will be clearly communicated to the customer at the start of the ordering process at the latest and will be made available to them to choose from. The payment method is bindingly selected by the customer during the ordering process. The customer can choose between bank transfer, credit card payment or payment via Paypal. The credit card payment is made via the payment service provider Stripe Payments Europe, Ltd. handled.
7. WARRANTY
7.1. The statutory warranty provisions apply.
8. LIMITATION OF LIABILITY
8.1. Liability for material damage suffered is limited to damage caused intentionally and with gross negligence by GENUSSKOARL EU, its employees or their assistants. Liability of GENUSSKOARL EU for minor negligence – except for personal injuries – is excluded.
9. CHOICE OF LAW, PLACE OF PERFORMANCE, JURISDICTION
9.1. Austrian law applies exclusively to all disputes between GENUSSKOARL and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of international private law. However, if GENUSSKOARL directs the offer to another EU member state or carries out business activities in this EU member state, the more favorable provisions of local law apply to consumers with their habitual residence in such an EU member state.
9.2. For all disputes between GENUSSKOARL and the customer, the parties agree that the court with local and factual jurisdiction for Wolkersdorf has exclusive jurisdiction. However, if GENUSSKOARL directs the offer to another EU member state or carries out business activities in this EU member state, the following applies to consumers with their habitual residence in such an EU member state: The consumer can take GENUSSKOARL before the courts in Austria or the third party EU member state sues. GENUSSKOARL can only sue the consumer in the courts of their EU member state.
10. FINAL PROVISIONS
10.1. Changes, additions and additional agreements to these General Terms and Conditions must be made in writing to be effective. This also applies to the agreement to waive this formal requirement. In the event of any contradiction between these Terms and Conditions and any differing written agreements between the parties, the provisions of the differing agreements shall prevail. Deviating from the previous sentences, informal declarations by the entrepreneur or his representatives to a consumer are also effective.
10.2. Should individual provisions of these General Terms and Conditions be or become invalid, the remaining content of the General Terms and Conditions will not be affected. To the extent that this is permissible under consumer law, the invalid provision must be replaced by an effective provision that is legally valid and comes closest to the economic intent of the parties.
10.3. Unless otherwise stated in these General Terms and Conditions, the provisions and rights arising from these General Terms and Conditions may not be passed on or assigned to third parties without the written consent of the other contracting party. This does not apply to the assignment of claims by a consumer for assertion to an association named in Section 29 KSchG.
10.4. A “third party” within the meaning of these General Terms and Conditions is any natural or legal person who is legally different from the parties, even if legal and/or economic relationships exist with such a person