General Terms and Conditions of Organic Tools GmbH
§1 SCOPE AND PROVIDER
These General Terms and Conditions (hereinafter "GTC") of Organic Tools GmbH (hereinafter "Seller"), apply to the sale of all products of Organic Tools GmbH, Arnethgasse 42/11, 1160 Vienna, Austria (Tel.: 0670 404 707 4, e-mail: firstname.lastname@example.org) to a customer (hereinafter "Buyer").
Our offer of goods is directed exclusively to buyers who have reached the age of 18 and are fully capable of acting. Our deliveries, services and offers are made exclusively on the basis of these GTC. The inclusion of a buyer's terms and conditions that contradict our terms and conditions is already now contradicted. Contract language is German.
§2 CONCLUSION OF CONTRACT
Conclusion of contract via distance selling:
The display of the offered products on the website of the seller does not constitute a binding offer, but an invitation to submit an offer by the buyer.
The Buyer may submit an offer via the Seller's website (online store), by telephone, or by e-mail.
A purchase contract via the website between the seller and the buyer is concluded by an order of the buyer and its acceptance by the seller. By ordering goods on the Internet, the Buyer implicitly makes a binding offer to conclude a purchase contract. The seller is entitled to accept this offer by sending an order confirmation.
After the conclusion of the purchase contract, a copy of the contract documents, in particular a copy of the order, as well as a copy of the GTC, will be sent to the Buyer by e-mail so that they can be stored permanently by the Buyer. In addition, the seller does not keep the contract documents for the buyer.
The order processing and contacting usually take place by e-mail. The Buyer shall ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Buyer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
2.2 CONTRACT CONCLUSION VIA DIRECT SALES
between the seller and the buyer directly by means of a written purchase agreement for the object of purchase.
The buyer receives the contract documents, in particular the GTC, as well as a copy of the purchase contract for permanent protection from the seller after consultation either directly handed over or sent by e-mail.
The price of the Seller's products stated on the product page, in brochures or leaflets is non-binding, includes the statutory value added tax and other price components.
The shipping costs are not included in the price. They vary depending on the place of delivery (country) and include the statutory VAT.
The seller reserves the right to adjust the shipping costs accordingly in case of changes.
§4 TERMS OF PAYMENT / DEFAULT
Payment is currently offered exclusively by bank transfer (SEPA).
Terms of payment distance selling:
After the conclusion of the purchase contract (receipt of the order confirmation by the Buyer) between the Seller and the Buyer, the Seller's bank details will be transmitted electronically to the Buyer.
The payment terms depend on the respective purchase contract or offer.
Terms of payment direct sales:
After the conclusion of the purchase contract (direct conclusion between the seller and the buyer), the buyer receives an order confirmation of the placed order by e-mail with the payment details.
The payment terms depend on the respective purchase contract or offer.
If payment is not made within 14 days after the due date, the purchaser shall be in default. In the event of default, the statutory default interest shall be charged. For transactions between the seller and consumers as private customers, this is 4% per year. For transactions between the seller and other entrepreneurs (or entrepreneurs and legal persons under public law, such as federal government, states, municipalities), the statutory default interest rate is 9.2% above the prime rate.
§5 REJECTION OF AN ORDER
The seller points out that under certain circumstances there may be delays in delivery or rejection of orders.
In the event that the Seller is unable to provide the service as stipulated in the delivery agreement, the Buyer shall be notified thereof.
§6 DELIVERY; RESERVATION OF TITLE
Delivery for products is made within Austria, as well as to countries in the EU, Switzerland and the UK. Shipping to third countries is on request.
Orders are processed after receipt and delivered as soon as possible.
Unless otherwise agreed, the goods shall be delivered by forwarding agent to the address specified by the Buyer. The object of purchase remains the property of the seller until full payment of the purchase price.
In case of self-collection, the Seller shall first inform the Buyer by e-mail or telephone that the object of purchase ordered by the Buyer is ready for collection. After receiving this message, the Buyer may pick up the object of purchase at the agreed location of the Seller after consultation with the Seller.
In the event of delays in delivery, e.g. due to force majeure, traffic disruptions and orders of higher authorities as well as other events for which the Seller is not responsible, no claim for damages may be asserted against the Seller.
If the delivery is delayed and not made due to the fault of upstream suppliers (impossibility), the Seller shall not be liable for this.
§7 RIGHT OF REVOCATION
Buyers who are subject to the Distance and Foreign Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz - FAGG) and have concluded a purchase contract by means of distance selling (e.g. website, telephone, email) are entitled to the statutory right of withdrawal.
The revocation period according to 7.1 is fourteen days from the day on which the Buyer or a third party named by him, who is not the carrier, has or has taken possession of the object of sale.
In order for the Buyer to exercise the right of withdrawal, the Buyer must inform the Seller (Organic Tools GmbH, Arnethgasse 42/11, 1160 Vienna +43 670 404 707 41, ) by means of a clear declaration (e.g. a letter or e-mail sent by post) of its decision to withdraw from this contract. For this purpose, the buyer can also use the here on the homepage provided Muster-Widerrufsformular verwenden.
In order to comply with the cancellation period, it is necessary that the buyer sends the notification of the exercise of the right of cancellation before the expiry of the cancellation period. In addition, the buyer is obliged to return the object of purchase to the seller within 14 days from the date of submission of the notice of revocation.
In the event of revocation and withdrawal from the purchase contract, the Seller shall repay all payments received from the Buyer, including delivery costs (with the exception of additional costs resulting from the fact that the Buyer has chosen a type of delivery other than the most favorable standard delivery offered by the Seller), without undue delay and no later than within fourteen days from the day on which the Seller has received the notification of revocation. The same means of payment as used in the original transaction shall be used for this repayment, unless expressly agreed otherwise with the Buyer. In this case, the buyer will be charged fees due to the repayment. The Seller may refuse repayment until it has received the goods back or the Buyer has provided proof that it has returned the goods, whichever is the earlier.
The Buyer shall return or hand over the goods to the Seller without undue delay and in any case no later than within fourteen days from the day on which the Buyer has informed the Seller of the revocation of this contract. The deadline is met if the goods have been dispatched before the expiry of the period of fourteen days.
The buyer bears the direct costs of returning the goods.
The Buyer shall only be liable for any loss in value of the goods if such loss in value is due to the handling of the goods which is not necessary for the inspection of the quality, characteristics and functioning of the goods.
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
§8 CANCELLATION OF CONTRACT
If a buyer withdraws from the contract after the conclusion of the purchase contract according to the Distance Selling and Foreign Transactions Act and before receipt of the goods, the seller reserves the right to claim a cancellation fee in the amount of € 150,--.
You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods. The principle of trust applies here that you can test the goods for a functional check, but do not carry out any everyday use and clean the products before returning them. Should a buyer wear out the goods within the statutory withdrawal period, before returning the goods, beyond this inspection, the seller reserves the right to charge a fee appropriate to the wear and tear of the purchased item.
The statutory warranty obligations shall apply. All further claims of the purchaser, in particular claims for damages, are - as far as legally permissible - excluded.
The Buyer is requested to inspect the goods for any defects upon receipt and, if such defects are detected, to contact the Seller immediately by postal or electronic means (e-mail) and inform the Seller thereof.
Damage caused by the purchaser due to improper or non-contractual handling does not count as a defect in the object of purchase. Decisive for the improper and contrary to the contract are the specifications of the seller according to the operating instructions.
The warranty is void in any case of intervention, repair or attempted repair by the buyer or unauthorized third parties.
The application of substantive law of the Republic of Austria (without reference standards) is agreed to this contract. For disputes, the exclusive jurisdiction of the court having subject-matter jurisdiction for 1010 Vienna is agreed.
UN sales law is excluded.
You can access and print the currently valid GTC on the website (www.organic-tools.com).
Stand: April 2021