General terms and conditions with customer information
As of December 30, 2023
Table of contents
- Scope of the General Terms and Conditions
- Contact and service details
- General information on offers and orders
- Ordering process and conclusion of contract
- Contract text and contract language
- Customer account
- Information about prices and shipping costs
- Payment methods and payment conditions
- Retention of title
- Delivery, product availability
- Digital content
- Sales of vouchers
- Promotional vouchers
- Copyright and usage rights
- Right of withdrawal
- Warranty and liability
- Codes of Conduct
- Changes to the terms and conditions
- Final provisions
- Dispute resolution and consumer dispute resolution
1. Scope of the General Terms and Conditions
- For the business relationship between Naturkosmetik-Werkstatt GmbH Gewerbepark 6+8 4040 Linz / Austria (hereinafter referred to as “Seller”) and the purchaser of the Seller’s products and services, hereinafter referred to as “Customer” (hereinafter referred to as “Products” or “Goods”) ) the following general terms and conditions apply exclusively (hereinafter referred to as “Terms and Conditions”).
- Differing conditions of the customer will not be recognized, even if the seller provides his service without objection, unless the seller expressly agrees to the validity of the customer's different conditions.
- All personal names apply equally to both genders. For reasons of better readability, male and female language forms were not used at the same time.
- “Consumer” within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.
- "Entrepreneur" within the meaning of the General Terms and Conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Contact and service details
- Please note the following information about how to reach our customer service.
- Email address: email@example.com
- Telephone number: +43 664 / 13 77 466
- Contact form: https://www.naturkosmetik-werkstatt.at/Informationen/Kontakt/
- Customer service availability: Working days from 9:00 a.m. to 2:00 p.m
3. General information on offers and orders
- The presentation of the products in the shop, on websites and in digital printed brochures, catalogs or comparable product presentations from the seller does not constitute a legally binding offer, but rather an invitation to place an order and thus the customer's offer.
- Customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to the seller if they are necessary for the fulfillment of the contract. In particular, customers must ensure that the email and delivery addresses provided are correct and that any obstructions to receipt for which customers are responsible are taken into account (e.g. by checking the spam folder of the email software used).
- Customers are asked to carefully read and follow the instructions as part of the ordering process and, if necessary, to use the existing support functions of their software and hardware (e.g. magnification or reading functions). Required information will be marked by the seller as such in a way that is appropriately recognizable to the customer (e.g. by visual highlighting and/or an asterisk). Until the order is sent, customers can change and view the product selection and their entries at any time, go back in the ordering process or cancel the ordering process altogether. To do this, customers can use the usual functions available to them on their software and/or end device (e.g. the forward and back buttons in the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.
4. Ordering process and conclusion of contract
- The customer can select products from the seller's range offered to the customer and collect them in a so-called shopping cart. The product selection can be changed in the shopping cart, e.g. B. be deleted. Otherwise, the customer can initiate the completion of the ordering process.
- By clicking on the button that completes the ordering process, the customer makes a binding offer to the seller to purchase the products in the shopping cart.
- The seller can accept the customer's offer within the acceptance period. The acceptance period is five days. The acceptance period begins when the customer completes the ordering process (in the shop, or if used and named, on the platform used or via other communication channels) and ends at the end of the last day. The seller can accept the customer's offer by explicitly accepting the contract, including by email. Acceptance can also take place through the dispatch of the goods and their receipt by the customer within the acceptance period, as well as through a payment request addressed to the customer by the seller and at the latest by completing the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound to his offer.
5. Contract text and contract language
- The seller saves the contract text and makes it available to the customer in text form (e.g. by email or printed with the delivery of the order). The customer can print out the contract text before submitting the order to the seller by using the print function of their browser or the save function for web pages in the last step of the order.
- The seller may provide the contractual documents to customers who are entrepreneurs both in text form and in another way (e.g. by referring to an online source).
- If customers have created a customer account, they can view the orders placed in their account area. The full text of the contract is not accessible in the account area.
- The contract languages are German and English; contracts can be concluded in these languages.
6. Customer Account
- The seller provides customers with a customer account. Within the customer account, customers are provided with information about the orders and their customer data stored by the seller. The information stored in the customer account is not public.
- Customers can also place an order as a guest without having to create a customer account.
- Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in actual circumstances, to the extent this is necessary (e.g. the changed email address in the event of a change or the changed postal address before an order). Customers are responsible for any disadvantages resulting from incorrect information.
- Customers are responsible for their customer accounts within their sphere of influence and to the extent that responsibility is reasonable for them. It is the customer's responsibility to exercise the greatest possible care when using access data for the customer account and to take every measure that ensures the confidential, secure handling of the data and prevents it from being disclosed to third parties. Customers are obliged to inform the seller immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.
- The customer account may only be used in accordance with the applicable legal regulations, in particular the regulations for the protection of third party rights, and in accordance with the seller's general terms and conditions using the access masks and other technical access options provided by the seller. A different type of use, especially through external software, such as B. Bots or crawlers are prohibited.
- To the extent that customers store, provide or otherwise post content or information (hereinafter referred to as “content”) within the customer account, the customers are responsible for the content of this information. The seller does not adopt the customer's content as his own. However, the seller reserves the right to take appropriate measures depending on the degree of risk of legal infringement posed by the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, care, objectivity as well as reasonableness and the interests of all those involved, in particular the fundamental rights of customers, may include the (partial) deletion of content, requests for action and explanations, warnings and warnings as well as house bans.
- Customers can terminate the customer account at any time. The seller can terminate the customer account at any time with a reasonable notice period, which is usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate the contract for extraordinary reasons.
- From the time of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer's responsibility to secure their data when terminating the customer account.
7. Information about prices and shipping costs
- Unless stated otherwise, all prices are total prices including the applicable statutory sales tax (VAT).
- The delivery and shipping fees that apply in addition to the sales price will be communicated to the customer or linked to in the respective product description and before the order is completed.
8. Payment methods and payment conditions
- Unless otherwise agreed, payments are to be made without deductions, discounts or other discounts.
- When using financial institutions and other payment service providers, the payment service providers' terms and conditions and data protection information also apply with regard to payment. Customers are asked to observe these regulations and instructions as well as information during the payment process. This is particularly because the provision of payment methods or the course of the payment process can also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
- If a payment is not made or reversed due to insufficient funds in the customer's account, incorrect bank details or an unjustified objection by the customer, then the customer will be responsible for the resulting fees, provided that he is responsible for the failed or reversed booking and in the event a SEPA transfer was informed in good time about the transfer (so-called “pre-notification”).
- Advance payment - If payment has been agreed in advance by means of a bank transfer, the payment amount is due upon conclusion of the contract, unless an express agreement to the contrary is made. The seller informs the customer of his bank details. The delivery will take place after the payment. If, despite being due, the advance payment has not been received by the seller within 10 calendar days of sending the order confirmation, despite the due date, the seller will withdraw from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the customer and seller.
- Credit card payment - When placing the order, customers provide their credit card details. The customer's credit card will be charged immediately after completing the order and after being authorized as the legitimate cardholder.
- Cash payment when picking up the goods - Payment is made in cash when picking up the goods.
- Google Pay - Using Google Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Google Pay, which are also communicated to the customer as part of the ordering process. Further information: https://pay.google.com.
- Apple Pay - Using Apple Pay requires registration for this payment method. The payment transaction is carried out based on the Apple Pay conditions, which are also communicated to the customer during the ordering process. Further information and conditions: https://www.apple.com/de/apple-pay/.
- Costs arising from reminders of overdue claims will be invoiced to the customer. In the case of customers who are entrepreneurs, the seller is entitled to claim reminder costs of a flat rate of 10 euros. Customers reserve the right to provide evidence of no or lower costs.
- In the event of late payment, the seller is entitled to claim default interest at the statutory rate as well as other consequences and costs determined by law from the defaulting customers. In the case of customers who are entrepreneurs, the seller is entitled to charge default interest of at least 8 percentage points above the applicable base interest rate. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default. Damages caused by delay include costs of legal enforcement, such as: B. Costs for legal advice, dunning procedures or debt collection.
9. Retention of title
- If the seller makes advance payments, the delivered products remain the property of the seller until full payment has been made.
- For customers who are entrepreneurs, the following rules apply to the products, which remain the property of the seller until full payment has been made (hereinafter referred to as “reserved goods”). If the seller makes advance payments, the delivered products remain the property of the seller until full payment has been made. The seller reserves ownership of the reserved goods until all claims from an ongoing business relationship have been settled in full; The customer is obliged to treat the reserved goods with care as long as ownership has not yet been transferred to him. In particular, he is obliged to adequately insure them against new value against theft, fire and water damage at his own expense, if appropriate or as is customary in the industry. If maintenance and inspection work needs to be carried out, the customer must carry this out in a timely manner at his own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items that do not belong to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item resulting from processing as to the reserved goods. The customer also assigns the claim to secure the claims against him that arise from the connection of the reserved goods with a property against a third party. The customer must immediately report any access by third parties to the goods owned or co-owned by the seller. The customer shall bear any costs arising from such interventions for a third-party objection lawsuit or costs for an extra-procedural release. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims arising from resale or other legal grounds regarding the reserved goods (including all balance claims from current accounts) to the seller as security. The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all of the seller's outstanding claims from the business relationship by more than 10% (if there is a risk of realization by more than 50%). The choice of securities to be released is incumbent upon the seller.
10. Delivery, availability of goods
- The ordered goods will be delivered to the specified delivery address unless different agreements have been made.
- If a payment service provider is used with which a delivery address is stored and through the use of the payment method by the customer the seller is informed of this delivery address as being relevant for the ordered delivery, the goods will be delivered to the different delivery address.
- If the customer agrees to pick up the goods, the seller will inform the customer that the goods are ready to be picked up at the agreed pick-up location. Unless otherwise expressly agreed, the customer does not incur any shipping costs.
- If the delivery of the goods fails due to the customer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
- If the ordered goods are not available because the seller is not supplied with this product by his supplier through no fault of his own, in particular with regard to ensuring delivery and making all possible and reasonable efforts, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of comparable goods. If no comparable goods are available or the customer does not request delivery of comparable goods, the seller will immediately reimburse the customer for any consideration already provided.
- The seller is not responsible for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the seller to customers who are entrepreneurs, even if deadlines and dates have been bindingly agreed. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline applies to customers, who are entrepreneurs even in cases of unforeseeable events that affect the operations of a sub-supplier and are not the responsibility of either the supplier or the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer can withdraw from the contract by written declaration after a reasonable deadline to be set by the customer or after mutual consultation with the seller.
- Customers are asked to report any obvious transport damage to the transport company or carrier as soon as possible or otherwise to report the transport damage to us. This does not create any obligation for customers who are consumers; non-disclosure does not restrict the customer's legal rights or the enforcement of these rights, in particular the warranty and cancellation rights.
11. Digital Content
- “Digital content” is content such as: B. Software, video and audio content, e-books or apps if they are digital, e.g. B. be provided as a download or stream (i.e. not delivered on data carriers such as CDs or BlueRays).
- The provisions of these General Terms and Conditions apply accordingly to the sale of digital content.
- The digital content is provided to the customer in the form of an option to download it.
- The digital content will be sent to the customer via email to the email address provided.
- The seller is entitled to subsequently adapt and change digital content if this is necessary for the seller (e.g. updates of a technical nature, corrections of a linguistic nature or compelling legal reasons that require an adaptation of content) is reasonable for the customer and the contractual use of the products and the contractual balance are not affected.
- The digital content is made available to the customer in the customer account, provided a customer account has been created.
- The customer will be informed expressly and with reasonable advance notice before access to the purchased digital content expires.
- In order to use the digital content, access to the Internet as well as common and customary display options that are reasonable for the customer (e.g. a browser or PDF display software) are required. The Seller assumes no responsibility for any hindrance to access or retrieval of digital content if such obstacles are the responsibility of the Customer (this applies in particular to the Customer's access to the Internet).
12. Sale of vouchers
- These terms and conditions apply accordingly to the sale of vouchers that embody material or monetary values.
- The customer is provided with the opportunity to download the ordered vouchers.
- The ordered vouchers will be sent to the customer to the email address provided.
- The vouchers ordered will be sent to the customer by post to the delivery address provided.
- The ordered vouchers will be made available to the customer in the customer account, provided a customer account has been created.
13. Promotional vouchers
- “Promotional vouchers” are vouchers that are issued free of charge by the seller as part of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). However, promotional vouchers do not represent vouchers that embody a specific monetary or material value and purchased by the customer as a product.
- Promotional vouchers can only be used under the stated conditions, subject to restrictions, e.g. B. the validity for certain product groups, frequency of use and in particular only within the specified period.
- Unless otherwise stated, promotional vouchers cannot be combined with other promotional vouchers.
- Promotional vouchers issued by the seller may only be redeemed with the seller.
- Unless otherwise stated, promotional vouchers can only be redeemed before completing the ordering process.
- If an amount remains to be paid after a promotional voucher has been redeemed, this can be settled using the payment options offered by the seller.
- If a promotional voucher exceeds the value of the goods, it will only be taken into account up to the value of the goods, without the remaining amount being paid out.
14. Copyright and rights of use
- The products sold by the seller are protected by intellectual property law (in particular trademark and copyright law). The rights of use and exploitation lie with the seller or the respective rights holders. Customers undertake to recognize and observe these intellectual property rights.
- The customer receives the simple rights to use the purchased products for contractual purposes. Otherwise, the use and exploitation of the products is not permitted. In particular, the seller's products protected by copyright may not be reproduced, distributed, publicly available or made available to third parties in any other way on the Internet or intranets. Public reproduction, reproduction or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or permitted by law.
- If the products are subject to a specific usage license, customers will be informed about the usage license. In this case, the regulations of the usage license apply before these General Terms and Conditions.
- The permission to use is limited to private use and does not include any business or entrepreneurial use.
- If the seller makes advance payments, the granting of usage rights to the customer is only provisional and only becomes effective when the customer has paid the purchase price of the relevant products in full.
15. Cancellation policy
- The information on the right of withdrawal for consumers can be found in the seller's cancellation policy.
- The provisions of these General Terms and Conditions do not limit the statutory rights of revocation, withdrawal, termination, warranty and defect rights as well as other mandatory rights of the customer as well as his related payment and other claims and are subordinate to these.
- Customers can access the seller's cancellation policy at the following internet address: https://www.naturkosmetik-werkstatt.at/Informationen/Widerrufsbelehrung/
16. Warranty and liability
- The warranty (liability for defects) is determined by statutory provisions, subject to the following regulations.
- If the customer is an entrepreneur, he must inspect the goods immediately, without prejudice to the statutory obligation to give notice of defects, and report any recognizable material defects to the supplier immediately and in writing and non-recognizable material defects immediately after they have been discovered. Failure to inspect and report in a timely manner will result in the exclusion of the right to claim material defects.
- If the customer is an entrepreneur, the choice is made between repair (i.e. elimination of defects) of defective items or subsequent delivery (delivery of defect-free items) by the seller.
- Commercially acceptable or minor deviations in quality, weight, size, thickness, width, equipment, pattern, color, etc. that are permissible in accordance with quality standards are not defects.
- In relation to customers who are entrepreneurs, only the information in the product description or other product descriptions or manufacturer information expressly included by the seller are decisive for the quality of the goods. Other information in the media or public statements as well as information from the manufacturer or third parties are not relevant.
- The seller assumes no liability for the customer's Internet connection, the software and hardware used by the customer, or any disruptions caused by them in the establishment or execution of the contract between the customer and seller.
- The seller has unlimited liability for damages if the cause of the damage is due to intent or gross negligence. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, for the violation of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies (cardinal obligations) or in Case of agreed guarantee promises. In this case, however, the seller is only liable for foreseeable, contract-typical and expected damage. The seller is not liable for slightly negligent breaches of obligations other than those mentioned above. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. Otherwise, claims for damages by the customer are excluded. The above liability regulations also apply to the customer's claims for damages within the scope of the seller's statutory warranty.
- The restrictions on the warranty and liability obligations as well as shortening of relevant deadlines do not apply to customer claims for damages and reimbursement of expenses, goods that were used for a building in accordance with their normal use and caused its defects, or to existing update obligations in the case of contracts for digital products .
- The restrictions on warranty and liability obligations as well as shortening of relevant deadlines do not apply in the event of compelling recourse claims by the customer under consumer law. This applies in particular in the case of consumer claims for damages and reimbursement of expenses, in the case of a shortening of the deadline for products that were used for a building in accordance with their normal use and caused its defects, as well as in the case of any obligation to update contracts for digital products.
17. Codes of Conduct
- The seller has agreed to the following codes of conduct.
- Google Customer Reviews Code of Conduct: https://support.google.com/merchants/topic/7105962.
18. Changes to the Terms and Conditions
- The seller reserves the right to change these General Terms and Conditions at any time with future effect in the following cases: a) If the change serves to ensure that the General Terms and Conditions comply with the applicable law, in particular if the applicable legal situation changes; b) If the change serves the seller to comply with mandatory judicial or official decisions; c) If completely new services or service elements as well as technical or organizational processes require a description in the General Terms and Conditions; d) If the change is only beneficial for customers.
- In the case of customers who are entrepreneurs, changes can also be made in addition to the cases mentioned, provided they are reasonable, appropriate and objectively justified for the customer.
- The seller will send the changed general terms and conditions to the email address provided by the customer to the seller at least two weeks before they come into force. If a customer does not object to the new General Terms and Conditions within two weeks of receiving the email, the changed General Terms and Conditions are deemed to have been accepted by the customer. By notifying customers of the change, the seller will inform customers of the consequences of not contesting the change. Customers can also agree to the changed terms and conditions by expressly agreeing to them.
19. Final provisions
- The legal relationships between the customer, if he is an entrepreneur, and the seller are subject exclusively to the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods.
- The place of jurisdiction is the seller's registered office if the customer is an entrepreneur. The seller reserves the right to choose another permissible place of jurisdiction.
20. Dispute resolution and consumer dispute resolution
- The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ . Consumers have the opportunity to use this platform to resolve their disputes.
- We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer dispute resolution board.