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§ 1 Area of application
(1) The following terms and conditions are part of every contract between Care4Nature.Shop GmbH, Landseestrasse 17, 6020 Innsbruck, Austria and the customer.
(2) Care4Nature.Shop GmbH provides its services exclusively on the basis of these terms and conditions.
§ 2 Conclusion of contract
(1) The presentation of the goods, especially on the Internet, does not constitute a binding offer on the part of Care4Nature.Shop GmbH.
(2) The customer can select from the offer as desired and place goods in the shopping cart by means of a link “ADD”. The customer can empty the shopping cart at any time by setting the number of selected products to “0”. The changes can be made using the mouse and keyboard. By clicking the button “TO CHECKOUT” the customer will be redirected to a page where he can register as a customer, if he does not have any access data yet or log in as an existing customer. For this purpose, a user name including password as well as the contact data are entered. After successful registration and confirmation of the delivery address, the ordering process is completed by pressing the button “ORDER FREE OF CHARGE”. By sending the order, the customer makes a binding offer to purchase the goods in the shopping cart and accepts these terms and conditions. The receipt of the order is displayed to the customer immediately after completion of the ordering process. We store your order and the order data entered by you.
(3) The customer will be informed about the receipt of the order by email. This is not a binding acceptance of the order. The contract is not concluded until a separate delivery confirmation is sent by email or the goods are shipped.
(4) The language used for the conclusion and execution of this contract is German.
§ 3 Delivery conditions / delivery costs / shipping
(1) Unless otherwise agreed in writing, delivery is ex warehouse. If the customer is a consumer, the shipping risk is borne exclusively by Care4Nature.Shop GmbH. If, on the other hand, the customer is an entrepreneur, the risk is transferred to the customer as soon as Care4Nature.Shop GmbH has delivered the item to the carrier, or to the person or institution otherwise designated to carry out the shipment.
(2) The dispatch takes place within 8 working days with normal dispatch and within 2 working days with express dispatch. The period begins with the conclusion of the contract and may vary per country and shipping method. For the sake of the environment, we ship all orders once a week, on Fridays. This means that if your order arrives by Thursday at 12:00 noon, it will be processed and shipped the same week. If you have an urgent order, please choose our express shipping service, so that your goods will be processed and shipped within 2 business days.
(3) We ship our items with the Austrian Post.
(4) Shipping costs
- From a value of goods of € 60,- the shipping is free of charge
- Shipping costs Austria: € 5,90
- Shipping costs Germany: € 9,90
- Shipping costs other EU countries: € 12,90
§ 4 Method of payment
(1) The granted payment methods (PayPal, bank transfer) they can see here. When paying via the payment method “Payment via PayPal”, an assignment of the purchase price claim is made to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”). The data required for payment processing is transmitted to PayPal. For the purpose of its own credit assessment, PayPal transmits data to credit agencies (credit agencies) and receives from them information and, if necessary, creditworthiness information based on mathematical-statistical methods (probability or score values), in the calculation of which, among other things, address data are included. By selecting the aforementioned payment method, the customer agrees to the transmission of data to PayPal and the performance of credit checks. Detailed information on this and on the credit agencies used can be found in the privacy policy of PAyPal, which you can access here.
(2) All prices are inclusive of the statutory value added tax.
(3) All shipping costs, in particular packaging, transport costs, transport insurance and deliveries are at the expense of the customer, unless otherwise agreed separately.
(5) If a customer is in default of payment, even if he is not at fault, he undertakes to pay the resulting reminder charges, as well as interest in the amount of 12.5% per annum. Subsequently, a collection agency will be commissioned with the debt collection.
In addition to the aforementioned costs, all costs incurred by the collection agency and charged to us, the maximum amount of which is determined by the Ordinance on the Maximum Rates for Collection Agencies (Federal Law Gazette No. 141/96), shall then also be borne by the customer who is culpably in default of payment, provided that these costs are reasonable and necessary for the appropriate prosecution.
Payments shall first be credited against interest and costs.
The customer is hereby expressly informed that in the event of his default of payment, Care4Nature.Shop GmbH will transmit the name (including previous names), gender, address, profession, open balance and reminder data in accordance with Art 6 para 1 lit f DSGVO to the trade credit registry as well as to collection agencies authorized with the collection of claims.
The assertion of further rights and claims by Care4Nature.Shop GmbH remains unaffected.
§ 5a Gift Vouchers
Gift vouchers are vouchers from a value of EUR 10.00 and up to a value of EUR 250.00, which can be purchased at www.alpinecosmetics.tirol/gutschein/. Gift vouchers are valid for 30 years until the balance is used up. Gift vouchers are not exchanged for cash and do not bear interest.The customer can pay with valid gift vouchers as part of the ordering process by selecting “GIFT VOUCHER” as the payment method, the voucher(s)-
§ 5 Reservation of ownership
The goods remain the property of Care4Nature.Shop GmbH until full payment.
§ 6 Guarantee
(1) With regard to the warranty, the statutory provisions shall apply unless otherwise agreed in § 7 (2) to (3).
(2) The warranty period shall be 24 months and shall commence with the handover of the purchased item if the customer is a consumer.
(3) If the customer is an entrepreneur, the period shall be 12 months from handover of the item. The limitation of claims for damages in case of injury to life, body, health, which are based on an intentional or negligent breach of duty by the seller or on an intentional or negligent breach of duty by a legal representative or vicarious agent of Care4Nature.Shop GmbH, remains unaffected. Furthermore, the statute of limitations for claims for damages for other damages based on an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Care4Nature.Shop GmbH remains unaffected. If Care4Nature.Shop GmbH negligently violates an essential contractual obligation, the limitation of claims for damages also remains unaffected. Essential contractual obligations are obligations that the contract imposes on Care4Nature.Shop GmbH according to its content to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely (e.g., delivery of the goods and ownership of the goods).
(4) The customer, who is an entrepreneur, must inspect the goods immediately after delivery by Care4Nature.Shop GmbH, insofar as this is feasible in the proper course of business, and, if a defect becomes apparent, immediately notify Care4Nature.Shop GmbH. If the customer fails to notify Care4Nature.Shop GmbH, the goods are considered approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery. Otherwise, the goods shall be deemed approved also in view of this defect. For the attitude of the rights of the customer the punctual dispatch of the announcement is sufficient. If Care4Nature.Shop GmbH has fraudulently concealed the defect, it cannot invoke these provisions.
§ 7 Limitation of liability
(1) With the exception of injury to life, limb and health, Care4Nature.Shop GmbH is only liable for damages that can be attributed to intentional or grossly negligent conduct. This also applies to indirect consequential damages, such as in particular lost profits.
(2) Except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, limb or health, liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract and, in all other respects, to the amount of the average damage typical for the contract. This shall also apply to indirect consequential damages, such as in particular loss of profit.
(3) The liability limitations of paragraphs 1 and 2 also apply accordingly in favor of the employees and vicarious agents of Care4Nature.Shop GmbH.
(4) Claims for liability based on the Product Liability Act remain unaffected.
§ 8 Information about online dispute resolution
The European Commission established an Internet platform for online dispute resolution on February 15, 2016. This is intended to enable consumers and merchants to settle disputes in connection with online sales contracts or online service contracts simply, efficiently, quickly and out of court. The platform can be accessed via the website http://ec.europa.eu/consumers/odr.
We prefer the direct clarification of your concerns and do not participate in consumer arbitration proceedings. In the given case, we ask you to contact us at info@alpinecosmetics.tirol.
§ 9 Final clauses
(1) The law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Consumers with habitual residence abroad can also invoke the law of the state in which they have their residence, regardless of the specific choice of law.
(2) The place of performance is the registered office of Care4Nature.Shop GmbH, provided the customer is a merchant.
(3) For any disputes arising from this contract, the court exercising commercial jurisdiction in Innsbruck is responsible, provided that the customer is a merchant.
Stand 06.07.2023