These General Terms and Conditions apply to the sale and delivery of goods by Nitschinger Organic, Leithagasse 30A, 2424 Zurndorf. Any terms and conditions of the customer are not valid unless they are expressly agreed upon in writing with us. We expressly reserve the right to amend these General Terms and Conditions at any time. They apply in the version valid at the time of the customer’s order.
The customer’s order constitutes an offer. A contract is only concluded after our acceptance, at the latest with the dispatch of the goods. An order is only possible if all mandatory fields marked with * in the order form are filled out. If information is missing or we cannot fulfill the order for other reasons, the customer will receive an error message. Before the final submission of the order, the customer has the opportunity to correct their order. The customer receives supporting detailed information directly during the ordering process. Once the ordering process is completed, the customer is notified through an information window “Your order is completed and has been successfully sent.” However, this does not constitute acceptance of the customer’s offer.
When the order has been received by us, the customer will be informed of the receipt of their order via the email address provided. This notification does not yet constitute acceptance of their offer. If we cannot fulfill the customer’s order for any reason, the customer will be notified by email.
Freight costs and any incurred costs are borne by the recipient and are listed in the ordering process. Unless otherwise agreed, the delivery of the goods is made from the warehouse to the specified delivery address. We strive to deliver the ordered goods within 6 working days from the order confirmation.
Unless otherwise agreed, the risk of transport for deliveries is borne by the customer.
If the customer is in default of acceptance, we are entitled to store the goods with us, for which we charge a storage fee of EUR 2 per started calendar day. At the same time, we remain entitled to insist on contract fulfillment. We are also entitled to withdraw from the contract after setting a reasonable grace period and to otherwise dispose of the goods. Any purchase price already transferred will be refunded minus the costs incurred by us.
The data required for the purchase must be provided by the users completely and truthfully. The prices valid on the day of the order apply. All prices include all taxes and duties.
Data necessary for business transactions are stored in compliance with the Federal Data Protection Act and treated confidentially. We point out that all data provided, which are necessary for order processing, are processed and stored to ensure a smooth order process.
8.1 Consent for Advertising Emails or Newsletters
The customer agrees to receive messages from our company about our products, current offers, and other company-related information via advertising email, especially newsletters.
8.2 Revocation for Advertising Emails or Newsletters
The customer can revoke their consent to receive such emails at any time as follows: Return the email to the sender’s address with the note “I do not wish to receive any further advertising emails or newsletters.”
Payment is made directly in the webshop and is processed by our partner “Stripe.” The goods remain our property until full payment is made.
Customers who are consumers within the meaning of the Austrian Consumer Protection Act or similar laws in their respective countries of residence can withdraw from a contract concluded at a distance (or a declaration of contract made at a distance) within 14 calendar days from receipt of the ordered goods. It is sufficient if the withdrawal declaration is sent within the period without giving reasons. Saturdays, Sundays, and public holidays are included in the calculation of the period. However, at least 7 working days (excluding Saturdays, Sundays, and public holidays) are available. In the event of withdrawal, a refund of the purchase price without shipping costs will only be made step by step against the return of the goods received from the customer. The goods should be returned in unused and resalable condition and in the original packaging. For items that are impaired by signs of use, provided these are not due to normal intended use, we will charge an appropriate fee for the reduction in value. The same applies if accessories or parts are missing when the goods are returned. Our address: Nitschinger Organic, Manuel Nitschinger, Leithagasse 30A, 2424 Zurndorf.
10.1 Return Costs Austria
The costs of the return are borne by the customer. If the goods are returned unpaid, we are entitled to withhold or charge a corresponding amount.
The goods remain the property of Nitschinger Organic until full payment is made. If the goods have already been opened but not paid for, the opened goods must be paid for.
Warranty claims require immediate notification of any defects. Obvious defects and transport damages must be reported in writing by the customer immediately after receipt of the goods. Hidden defects must be reported in writing immediately after their discovery. Email address for defect notification: [email protected]. For consumers within the meaning of the KSchG, the rules of statutory warranty apply.
Claims for damages in cases of slight negligence are excluded. This does not apply to personal injuries or damages to items taken over for processing as well as product liability claims.
The court with jurisdiction for Neusiedl am See is exclusively responsible for deciding all disputes arising in connection with the business relationship. Austrian law applies to all legal disputes arising in connection with the business relationship, excluding the UN Sales Convention. Nitschinger Organic, Manuel Nitschinger, Leithagasse 30A, 2424 Zurndorf, [email protected], +43-699-11990382
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