Terms and conditions
The following terms and conditions apply to all business relationships between Herba-Onlineshop, Gerhard Mairl (‘ Herba-Onlineshop ‘) and the customer. The decisive factor is the current version at the time of conclusion of the contract, which is available on the website of Herba-Onlineshop. Consumers are consumers within the meaning of the Consumer Protection Act (KSchG) and thus natural or legal persons who are not entrepreneurs. Entrepreneurs are natural or legal persons or legal partnerships for which the relevant contract is part of the operation of their company. Companies are all long-term organisations of independent economic activity, however they are not focused on profit. Customers are both consumers and entrepreneurs. Different, contrary or supplementary terms and conditions of the customer, even if they are aware of by Herba-Onlineshop, will not be recognised and therefore will not be part of the contract, unless their validity is expressly filed in writing.
§ 1 CONCLUSION OF CONTRACT
Offers made by Herba-Onlineshop are subject to change and are non-binding. Optical, technical and other changes, which do not significantly alter the function of the product or represent a further development of the product, are expressly reserved and do not constitute warranty or right of revocation. With the order, the customer declares his contract offer in a binding manner. In the case of electronically ordered goods, Herba-Onlineshop will confirm the receipt of the customer’s order immediately, but not later than seven working days. The order confirmation does not yet constitute a binding acceptance of the order. The order confirmation is only a declaration of acceptance if Herba-Onlineshop expressly declares that. The order is also accepted by shipping the ordered goods. Herba-Onlineshop is entitled to accept the contract offer within the order within one week. In the case of electronically ordered goods, Herba-Onlineshop is entitled to accept the order within seven working days after receipt. Herba-Onlineshop is also entitled to refuse the order – for example after checking the customer’s creditworthiness – without giving reasons and to limit the order to a household quantity. The conclusion of the contract with companies is subject to the fact that in the case of incorrect or improper self-delivery, it does not or only partially provide. In the event of unavailability or partial availability of the service, the entrepreneur will be informed immediately. In this case, the consideration will be refunded immediately (aliquot). If the consumer orders the goods electronically, the text of the contract will be stored by us and sent to the customer by e-mail after the conclusion of the contract, in addition to the legally included terms and conditions. The customer must read these terms and conditions before the conclusion of the contract and confirm them if agreed with the validity of them. The terms and conditions are also available for download on the website of Herba-Onlineshop or are forwarded to the customer on its request.
§ 2 RETENTION OF TITLE
Herba-Onlineshop reserves ownership of the goods until the purchase price is paid in full. The customer is obliged to treat the goods with care during the existence of the retention of title. The customer must inform Herba-Onlineshop immediately in writing of all third-party access to the goods, in particular foreclosure measures as well as possible damage or destruction of the goods. The customer must immediately notify about a change of ownership of the goods as well as his own change of address. The customer shall be reimbursed for all damages and costs incurred as a result of a breach of these obligations and by the necessary intervention measures against third-party access to the goods. Herba-Onlineshop is entitled to withdraw from the contract in the event of a breach of contract on the part of the customer, in particular in the event of a delay in payment, and to demand the goods free to the house. In addition, Herba-Onlineshop is entitled to withdraw from the contract in the event of a breach of any of the aforementioned obligations and to demand the goods if it is no longer to be expected to adhere to the contract for Herba-Onlineshop. The entrepreneur is entitled to sell the goods in the ordinary course of business. He is already ceding all claims amounting to the invoice amount to Herba-Onlineshop, which he will receive by reselling against a third party and undertakes to put a corresponding note in his books or in his factories. Herba-Onlineshop accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. Herba-Onlineshop reserves the right to collect the claim itself as soon as the entrepreneur does not meet his payment obligations properly. In this case, the entrepreneur is obliged to disclose the data of the third party to Herba-Onlineshop at the first request. The processing of the goods by the entrepreneur is always carried out on behalf of Herba-Onlineshop. If the goods are processed, Herba-Onlineshop acquires co-ownership of the new item in proportion to the value of the goods delivered by Herba-Onlineshop. The same applies if the goods are processed or mixed with other items not belonging to Herba-Onlineshop.
§ 3 WITHDRAWAL/CANCELLATION
The consumer has the right to revoke the purchase contract within fourteen days without stating reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise the right of withdrawal, the consumer must contact us (Herba-Onlineshop, owner: Gerhard Mairl, Siedlungsstrasse 28a, A-6425 Haiming) by means of a clear statement (eg letter, fax or e-mail) of the decision to revoke this contract. He may use the attached example withdrawal form, although it is not required. In order to respect the revocation period, it is sufficient that the message on the exercise of the right of revocation is sent before the expiry of the revocation period. The cost of the return will be borne when exercising the right of withdrawal by the consumer.
The example revocation form is available here (German only).
§ 4 PRICING
The prices offered are daily prices in Euro per delivery unit and are valid until revoked. Prices are subject to change. Legal sales tax is included in the price. In the case of a consignment purchase, the price includes either a variable weight-dependent shipping fee or an otherwise stated shipping charge, which is in each case specified in its amount and is part of the offer. The customer incurs no additional costs when ordering by using the means of distance communication. The payment can be made by the customer using offered payment methods by Herba-Onlineshop like Money order, Credit card or PayPal service. Herba-Onlineshop reserves the right to exclude specific payment methods for individual customers based on creditworthiness reasons for example. The customer undertakes to pay the price within ten days of receipt of the service. After this period the customer is in default of payment. The consumer has to pay interest on the debt in the amount of 8% during the delay. The entrepreneur has to pay the debt in the amount of 8% above the base interest rate during the delay. With respect to the entrepreneur, we reserve the right to prove and assert a higher interest on late interest. The customer undertakes to bear all costs and expenses associated with the collection of the claim, in particular collection charges or other costs necessary for a proper prosecution. In the case that the Herba-Onlineshop operates the dunning system itself, the customer commits to pay EUR 15, – as well as for the evidence retention of the debt ratio per commenced quarter EUR 20, – per reminder. The entrepreneur has the right to offset only if his counterclaims have been legally established or recognized by us. The consumer has the right to offset only in the event of our insolvency or counterclaims that are legally related to the consumer’s liability, which have been determined by the court or acknowledged by us. The entrepreneur is not entitled to withhold payments. All offers in terms of price, quantity and goods are not binding and are valid until revoked at any time. Price changes and errors reserved. Discount deductions require a separate written agreement.
§ 5 TRANSFER OF RISK
The customer’s risk of accidental loss and accidental deterioration of the goods is with the handover, with the delivery of the goods to the carrier or the person or institution otherwise intended to carry out the shipment to the customer. The transfer is the same if the customer is in default with the acceptance.
§ 6 WARRANTY, DELIVERY
Herba-Onlineshop is only obliged to provide services if the customer has fulfilled all the obligations incumbent upon it for execution. Herba-Onlineshop is entitled to exceed the agreed deadlines by up to seven days. Only after expiry of this period, the customer – after setting a reasonable grace period of at least seven further days – is entitled to withdraw from the contract. Deliveries are made as soon as possible. Within Austria, the usual delivery time is 2-3 working days, deliveries to foreign countries may take longer. A delivery guarantee within a certain time is not given. If the delivery of an ordered item within a reasonable time – at least 6 weeks – should not be possible, you will be informed immediately. Should the delivery time be longer than 6 weeks, the customer is entitled to withdraw from the contract without stating reasons. Herba-Onlineshop is entitled to carry out partial deliveries or partial settlements. Unless a different delivery address is explicitly requested, the delivery will be delivered to the address of the invoice. If the customer is not found at the first delivery attempt, he can pick up the package himself at the nearest parcel service branch or have the parcel delivered again. Any associated costs and risks are borne by the customer. The prices do not include costs for delivery or installation. On request, however, these services are provided or organized by Herba-Onlineshop for a separate payment. For transport or delivery, the costs actually incurred, including a reasonable overhead charge, but at least the applicable freight charges on the day of delivery, will be invoiced for the chosen mode of transport. In principle, the customer has the choice of whether the improvement or replacement should take place. We are entitled to refuse the chosen remedy if it is impossible or for Herba-Onlineshop, compared to the other remedy, connected to a disproportionately high effort. In the case of entrepreneurs, Herba-Onlineshop warrants the defects of the goods first by its own choice by improvement or replacement. If an improvement is not possible or feasible, the customer may in principle request a price reduction or, if it is not just a minor defect, a change in the contract. Entrepreneurs must inspect the delivered goods promptly or on the same day for defects and notify immediately in writing, but at the latest within a period of three days from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Hidden defects must be reported in writing within a period of one week from discovery. The entrepreneur bears the full burden of proof for all conditions of the claim, in particular for the defect itself, for the time of the discovery of the defect and for the timeliness of the complaint. With regard to the warranty period Herba-Onlineshop refers both to consumers and entrepreneurs to the statutory period for each product group concerned. Herba-Onlineshop does not give any guarantees to customers in a legal sense. Manufacturer’s warranties remain unaffected. If the customer has not accepted the goods as agreed (default of acceptance), Herba-Onlineshop is entitled after unsuccessful grace period to either store the goods at Herba-Onlineshop, for which a storage fee of 0.1% of the gross invoice amount per commenced calendar day will be charged, or to be stored at the cost and risk of the customer by a licensed contractor. At the same time, Herba-Onlineshop is entitled either to insist on fulfillment of the contract, or to withdraw from the contract after setting a reasonable grace period of at least 2 weeks and to reuse the goods elsewhere. The customer is obliged upon receipt to inspect the package(s) for any damage and for the correctness and completeness of the delivery. In the event of damage or incorrect deliveries or shortfalls, the customer can acknowledge this by the deliverer and notifies Herba-Onlineshop immediately by means of a corresponding, photo-documented damage report. Transport damage must be reported on the same day as the delivery, otherwise a replacement service is not possible.
§ 7 LIMITATIONS OF LIABILITY
Outside the scope of the Product Liability Act, liability is limited to intent or gross negligence. The liability for slight negligence, the replacement of consequential damage and financial loss such as lost profits, savings not achieved, interest losses and damages from claims of third parties against the customer are expressly excluded. Herba-Onlineshop is only liable for its own content on the website of the online shop. As far as with links the access to other websites is made possible, Herba-Onlineshop is not responsible for the foreign contents contained therein. Herba-Onlineshop does not endorse the foreign content. If Herba-Onlineshop receives knowledge of unlawful content on linked, external websites, Herba-Onlineshop will block access to these pages immediately.
§ 8 FINAL CLAUSE
Austrian law applies. The provisions of the UN Sales Convention as well as referral norms to foreign law, do not apply. Contract language is German. For consumers, this choice of law applies only to the extent that the protection afforded by compelling provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the locally and objectively competent Austrian court for the location of Herba-Onlineshop (currently Innsbruck). Herba-Onlineshop remains free to sue at another valid (alternative) place of jurisdiction. If the customer is a consumer, this place of jurisdiction shall only be deemed to have been agreed if the customer has his domicile, habitual residence or place of employment in this court district or if the customer resides abroad. Should individual provisions of the contract with the customer including these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In the case of contracts with entrepreneurs, the wholly or partially ineffective provision is replaced by a provision whose economic success comes as close as possible to that of the invalid one.
Version/last update: March 2019