Dr. Lhotka Organic Products GmbH & CoKG, Dannebergplatz 19/8, A-1030 Vienna (Stand [15.6.2018])
1. General principles, scope
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to the business relationship between Dr. Lhotka Organic Products GmbH & CoKG and the customer.
1.2. Customers include both consumers and business customers. Consumers are natural persons who act for purposes outside their commercial, business, craft or professional activities. All other customers are business customers.
1.3. The contractual basis is the respective individual agreement (hereinafter also referred to as "contract" or "agreement"). In the event of contradictions or deviations, the individual agreement will take precedence over these GTC.
1.4. By placing an order the customer acknowledges all contractual bases as well as these general terms and conditions.
1.5. Any conflicting or other general terms and conditions and / or other terms and conditions of the customer, regardless of their name, are expressly contradicted, unless we expressly agree to their validity in writing.
1.6. The language of the contract is German.
2. Conclusion of the contract
2.1. The offer shown in the online shop does not constitute a legally binding offer, but serves as non-binding information.
2.2. By clicking on the GTC checkbox the customer accepts these terms and conditions. The acceptance of these terms and conditions is a prerequisite for the conclusion of a contract.
2.3. By clicking on the button "Buy now" the customer makes a binding order of the goods in the shopping cart.
2.4. The customer is bound to this order for 2 days from receipt. The legal right of cancellation remains unaffected.
2.5. Automatic confirmation of receipt of the order to the e-mail address given by the customer does not represent contract acceptance on our part.
2.6. The contract only comes into force on acceptance of the contract by us. The contract is accepted utilizing an order confirmation to the e-mail address given by the customer.
2.7. We reserve the right to refuse to accept an order without giving reasons.
3. Contract storage
3.1. The contract is saved by us.
3.2. If the customer wishes to receive the contract, a request can be sent to the following e-mail address: firstname.lastname@example.org
4. Prices and shipping costs
4.1. Prices shown to consumers are total prices including all taxes including VAT and duties.
4.2. Prices shown to business customers are net prices. Volume discounts on business orders are given individually and communicated to the business customer in detail.
4.3. All prices shown do not include shipping costs. These are listed separately.
5. Payment methods
5.1. We accept the following payment methods: Visa, MasterCard, American Express, Sofort Transfer
5.2. Special payment methods, which are only available to business customers, will be communicated individually.
6. Lead time
6.1. The lead times stated on the product page for the respective goods apply.
7. Default interest
7.1. In the case of indebted or indebted default of payment, we shall be entitled to charge business customers default interest in the amount of 9.2 percentage points above the base interest rate or consumers 5% per annum.
7.2. This does not exclude the to claim proven higher interest in case of fault.
8. Reminder fees and debt collection / recovery costs
8.1. Reminder fees and costs for appropriate (also extra-judicial) debt collection or recovery measures are at the expense of the customer.
9. Retention of title
9.1. The delivered goods remain our property until payment is made in full.
9.2. In case of default of payment, we are entitled to take back the objects in our reserved property, without this being equivalent to a withdrawal from the contract.
10. Cancellation of the contract
10.1. Only consumers are entitled to a right of cancellation. Business customers are not entitled to such a right.
10.2. The right of cancellation shall be exercised within 14 days, starting from the day on which the consumer or a third party appointed by him or her, who is not the carrier, has taken possession of the goods. To this end, the consumer must inform by means of a clear statement of his decision to cancel the contract. A declaration of cancellation may be made without any formality, however the model cancellation form provided for in Annex I Part B Austrian FAGG may also be used. This form is also available on our website at THIS LINK.
10.3. The cancellation period is respected if the notice of cancellation is sent by the deadline.
10.4. By exercising the right of cancellation, we will refund all payments received from the consumer, including delivery charges (except for the additional costs arising from the consumer choosing a different type of delivery than the most favorable standard delivery we offer) and no later than fourteen days from the date on which the notice of cancellation of the contract is received. For this repayment, we will use the same means of payment used by the consumer in the original transaction, unless otherwise expressly agreed. In no case will we charge for this repayment. We can refuse to repay you until we have received the goods back or the consumer has provided us with proof of the return of the goods.
10.5. The consumer must return the goods to us immediately, and in any event not later than fourteen days from the date on which he informed us of the cancellation. The deadline is met if the consumer sends the goods before the end of the fourteen-day period.
10.6. The consumer bears the direct costs of returning the goods.
10.7. The consumer must pay for any loss of value of the goods if such loss of value is due to handling that is not necessary for checking the nature, characteristics and functioning of the goods.
10.8. The right of objection does not apply - for goods that are delivered sealed and are not suitable for return for reasons of public health or hygiene, if the goods have been unsealed after delivery. - for goods which, after being delivered, have been inseparably mixed with other goods due to their nature.
11. Transfer of risk
11.1. In the case of contracts with consumers, the risk of loss and / or deterioration of the goods passes to the consumer when the goods are handed over to the consumer or a person assigned to him.
11.2. For contracts with business customers, the risk of loss and / or deterioration of the goods passes to the customer when the goods are handed over to the carrier.
12.1. Warranty claims can be asserted using the contact details stated in the legal notice.
12.2. For contracts with consumers, the statutory warranty provisions apply.
12.3. For contracts with business customers, the following differences apply: - Identified or identifiable defects are to be reported to us immediately, at the latest within five working days, otherwise, warranty claims, claims for damages due to the defect itself as well as claims for errors concerning the absence of defects in the goods can no longer be asserted.. - The notification must be made in writing. - The risk of receipt of the defect notification is borne by the customer. - The warranty period is six months. - The customer has to prove the existence of a defect at the time of delivery.
13.1. We provide no other guarantees beyond the statutory warranty.
14.1. The customer is liable for damages only in case of intent or gross negligence; liability for slight negligence, except for personal injury, is excluded. For consumers, there is a liability exclusion for damages due to slight negligence only insofar as this does not concern an essential contractual obligation. We are not liable for consequential damage, loss of profit, damage from third-party claims or mere financial loss. The amount of our liability is limited to the maximum liability of our liability insurance.
14.2. We are only liable to business customers (apart from personal injury) in the case of gross negligence.
14.3. Claims for damages by business customers shall expire unless asserted in court within six months from knowledge of the damage.
14.4. Any liability is excluded for damage caused by improper handling or storage, overuse, non-compliance with operating and installation instructions, incorrect assembly, commissioning, maintenance, servicing by the customer or third parties not authorized by us, or natural wear and tear, if this event was a causal factor in the damage.
14.5. If and insofar as the customer can claim, due to damages for which we are liable, for insurance benefits through his own idemnity insurance or a policy taken out in his favor (e.g. liability, comprehensive, transport, fire, business interruption insurance), the customer undertakes to claim the insurance benefit and to limit our liability to the disadvantages that arise for the customer by the use of this insurance (e.g. higher insurance premiums).
14.6. These liability regulations and restrictions also include claims of the customer against employees, representatives and other vicarious agents from us due to damages that they inflict on the customer - without reference to a contract on their part with the customer.
14.7. Product liability claims that could be derived from provisions other than the Product Liability Act are excluded as far as legally possible.
15. Abnormal harm (laesio enormis)
15.1. The contestation or adaptation of this contract by business customers due to abnormal harm is excluded.
16. Address changes
16.1. The contracting parties must notify each other of any changes to their address immediately. If a party fails to do so, then its last known address shall be considered the address for service.
17. Consumer Dispute Resolution and Online Dispute Resolution
17.1. According to Article 19 of the Austrian Federal Law on Alternative Dispute Resolution in Consumer Matters, there is a duty on businesses and consumers, if no agreement can be reached with the latter in a dispute, to revert to the competent authority on alternative dispute resolution (hereinafter referred to as "AD office"). At the same time, it must be stated whether the business customer will participate in such a conciliation procedure: - The AD office provided for us is the association "Mediation for consumer transactions", Mariahilfer Straße 103/1/18, 1060 Vienna, Tel.: +43 (0) 1 890 63 11, email@example.com, http://www.verbraucherschlichtung.or.at, ZVR number: 475 536 813. - We will not participate in a conciliation procedure.
17.2. Consumers have the opportunity to submit complaints to the EU's online dispute resolution platform: http://ec.europa.eu/odr.
17.3. Consumers can also file their complaint directly with us using the following e-mail address: firstname.lastname@example.org
18. Place of execution
18.1. The place of execution is our registered office (registered office of Dr. Lhotka Organic Products GmbH & CoKG). 19. Severability clause
19.1. Should any provision of this Agreement be void, contestable or otherwise ineffective, this shall not affect the validity or legal validity of all other provisions of this Agreement. In place of the non-applicable provisions, a provision which is most appropriate to the intentions of the parties in terms of the content and meaning of the legal provisions of this Agreement shall apply. This also applies to any contractual loopholes.
20. Applicable law and jurisdiction
20.1. Austrian law applies, with the exception of its conflict of law rules and the UN Sales Convention, insofar as this does not conflict with mandatory consumer law provisions.
20.2. For any disputes arising out of or in connection with the contractual relationship on which these general terms and conditions are based, the exclusive jurisdiction of the Commercial Court for Vienna, Innere Stadt, is agreed for commercial transactions with business customers, whereby we are entitled to submit a claim to the general place of jurisdiction of the customer.
20.3. In the case of transactions with consumers, this jurisdiction clause only applies if, at the time the contract was concluded, the customer was domiciled, had his habitual abode or place of employment in the district of this court. RIGHT OF CANCELLATION Information on the exercise of the right of cancellation for the delivery of goods You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not a carrier, has taken possession of the goods. To exercise your right of cancellation, you must enter the following information: First name Last name / Company: Address: Zipcode / Town: Tel: Fax: E-mail: and inform the Contractor using a clear statement (such as a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached model cancellation form, although this is not required. To meet the cancellation deadline, it is sufficient that you send notice of the exercise of the right of cancellation before the expiry of the cancellation period. Consequences of cancellation If you cancel this contract, we shall refund all payments we have received from you, including delivery charges (except for the additional costs arising from you choosing a different delivery method than the most favorable standard delivery we offer, immediately and at the latest within fourteen days from the date on which the notification of your cancellation of this contract reached us. For this repayment, we will use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment. We may refuse to repay you until we have received the goods back or until you have provided evidence, tel: fax: email: page 1 of 3 that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the end of the fourteen days. You bear the immediate costs of returning the goods. If the goods are returned carriage forward, we are entitled to withhold or charge a corresponding amount. You only have to pay for any loss of value of the goods if this loss of value of the nature, characteristics and functioning of the goods is due to incorrect handling of the goods by you.