with customer information
Table of Contents
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of Title
7. Liability for Defects (Warranty)
9. Redeeming Promotional Vouchers
10. Governing Law
12. Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter
"GTC") of Weizenfrei Holding GmbH (hereinafter
"Seller"), apply to all contracts for the supply of goods that
a consumer or entrepreneur (hereinafter "Customer") with the Seller
with regard to the goods presented by the seller in his online shop
completes. This is the inclusion of the customer's own conditions
objected to unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person
Person who concludes a legal transaction for purposes that are predominantly neither
attributed to their commercial or self-employed professional activity
1.3 Entrepreneur within the meaning of these General Terms and Conditions is a natural or
legal entity or a partnership with legal capacity
Conclusion of a legal transaction in the exercise of their commercial or
independent professional activity.
2) Conclusion of contract
2.1 Those contained in the seller's online store
Product descriptions do not constitute binding offers on the part of the
seller, but serve to submit a binding offer
2.2 The customer can use the offer in the online shop
submit the seller's integrated online order form. There he gives
Customer after placing the selected goods in the virtual shopping cart and
has gone through the electronic ordering process by clicking the
A legally binding contract offer is made after the buttons that complete the order process
in relation to the goods contained in the shopping cart. The customer can also do this
Offer also available by phone, email or online contact form
give to the seller.
2.3 The seller can accept the customer's offer within
assume five days
- by sending the customer a written order confirmation
or an order confirmation in text form (fax or e-mail), whereby
insofar as the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby
insofar as the receipt of the goods by the customer is decisive, or
- by sending the customer to the
If several of the above alternatives are available, the
Contract is concluded at the point in time at which one of the aforementioned alternatives
occurs first. The period for accepting the offer begins on the day after the
Sending the offer by the customer and ends with the expiration of the
fifth day following the sending of the offer. Does he
If the seller does not accept the customer's offer within the aforementioned period, this shall apply
this as a rejection of the offer with the result that the customer is no longer interested
his declaration of intent is bound.
2.4 When selecting a payment method offered by PayPal
Payment is processed via the payment service provider PayPal (Europe)
S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter:
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the
Customer does not have a PayPal account - subject to the conditions for
Payments without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. The customer pays
by means of an option offered by PayPal during the online ordering process
payment method, the seller already declares acceptance of the offer
Customers at the point in time when the customer clicks on the button which
completes the ordering process.
2.5 When submitting an offer for the
Online order form of the seller, the contract text after the
Contract conclusion stored by the seller and the customer after sending
his order in text form (e.g. e-mail, fax or letter). One
further making the contract text accessible by the seller
does not occur.
2.6 Before the binding submission of the order via the
The seller's online order form allows the customer to make possible input errors
by carefully reading the information presented on the screen
recognize. An effective technical means to better detect
Input errors can be the enlargement function of the browser, with
whose help enlarges the display on the screen. His inputs
the customer can, as part of the electronic ordering process, have the
correct usual keyboard and mouse functions until he clicks the button,
which completes the ordering process.
2.7 Only the
German language available.
2.8 Order processing and contacting can be found in the
Usually via e-mail and automated order processing. The customer has
ensure that the e-mail address provided by him for order processing
is correct, so that at this address the sent by the seller
Emails can be received. In particular, the customer shall be responsible for the use of
SPAM filters ensure that all from the seller or from this with the
E-mails sent to third parties commissioned to process the order are delivered
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in
the seller's cancellation policy.
4) Prices and terms of payment
4.1 If the product description of the seller
unless otherwise stated, the prices quoted are valid
Total prices that include the statutory sales tax. Possibly
Additional delivery and shipping costs are listed in the respective
Product description specified separately.
4.2 The payment option/s will be given to the customer in
Notified seller's online shop.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, this is done
the delivery within the delivery area specified by the seller to the
Delivery address given by the customer, unless otherwise agreed. at
The processing of the transaction is the one in the seller's order processing
specified delivery address.
5.2 If delivery of the goods fails for reasons for which the
Customer is responsible for, the customer bears the seller hereby
reasonable costs incurred. This applies in terms of the cost of the
Not sent if the customer effectively exercises his right of withdrawal. For the
Return costs apply if the right of withdrawal is effectively exercised by the
Customers the regulation made in the seller's cancellation policy.
5.3 If the customer acts as an entrepreneur, the risk of
accidental loss and accidental deterioration of the goods sold
to the customer as soon as the seller hands over the goods to the carrier, the
carrier or the person otherwise responsible for carrying out the shipment
or institution has extradited. If the customer acts as a consumer, the
Risk of accidental loss and accidental deterioration of the
sold goods only when the goods are handed over to the customer or
an authorized recipient. Notwithstanding this, the risk of
accidental loss and accidental deterioration of the goods sold
even with consumers already on the customer as soon as the seller
Item to the forwarder, the carrier or otherwise to carry out the
Dispatch specific person or institution has delivered if the customer
Forwarder, the carrier or otherwise to carry out the shipment
certain person or institution commissioned with the execution and the seller
the customer has not previously named this person or institution.
5.4 The seller reserves the right in case of no
correct or incorrect self-delivery from the contract
to resign. This only applies in the event that the non-delivery is not dated
Seller is responsible and this with due diligence a concrete
concluded a cover transaction with the supplier. The seller will all
make reasonable efforts to procure the goods. In case of
If the goods are not available or only partially available, the
replaced by a product of equal or higher value.
5.5 Pick-up is not possible for logistical reasons
6) Retention of title
6.1 The seller reserves the right to
complete payment of the purchase price owed, ownership of the
6.2 The seller reserves the right to entrepreneurs up to
complete settlement of all claims from an ongoing
business relationship retains ownership of the delivered goods.
6.3 If the customer acts as an entrepreneur, he is
Resale of the reserved goods in the ordinary course of business
justified. All resulting claims against third parties
Customer in the amount of the respective invoice value (including sales tax) in
advance to the seller. This assignment applies regardless of whether the
reserved goods have been resold without or after processing. The customer
remains authorized to collect the claims even after the assignment. the
The seller's authority to collect the claims himself remains unaffected
untouched. However, the seller will not collect the claims as long as
the customer meets his payment obligations to the seller,
not in default of payment and no application for the opening of a
insolvency proceedings have been filed.
7) Liability for Defects (Warranty)
Unless otherwise stated in the following regulations
results, the provisions of the statutory liability for defects apply. of this
the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- is the limitation period for defects in the case of new goods
one year from delivery of the goods;
- are the rights and claims due to used goods
- the statute of limitations does not start again if within the framework of the
liability for defects, a replacement delivery will be made.
7.2 The limitations of liability set out above and
Deadline reductions do not apply
- for claims for damages and reimbursement of expenses
- in the event that the seller maliciously discovered the defect
has kept secret
- for goods that are in accordance with their normal use
have been used for a structure and caused its defectiveness
- for any existing obligation of the seller to
Provision of updates for digital products, in the case of contracts for
Delivery of goods with digital elements.
7.3 In addition, it applies to entrepreneurs that the
Statutory limitation periods for any existing statutory
right of recourse remain unaffected.
7.4 If the customer acts as a consumer, he is asked to
delivered goods with obvious transport damage to the deliverer
make a complaint and inform the seller of this. Comes the customer
not doing so will not affect its legal or
contractual claims for defects.
The seller is liable to the customer for all contractual,
contractual and legal, also tortious claims for damages
and reimbursement of expenses as follows:
8.1 The seller is liable for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life,
of the body or health,
- on the basis of a guarantee promise, insofar as this is the case
nothing else is regulated
- due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently violates a material
Contractual obligation is the liability on the contract-typical, foreseeable
Damage limited, unless liability is unlimited in accordance with the above clause
becomes. Essential contractual obligations are obligations that the contract
Vendor imposed according to its content to achieve the purpose of the contract, whose
fulfillment of the proper execution of the contract in the first place
possible and on compliance with which the customer can regularly rely.
8.3 Incidentally, the seller is liable
8.4 The above liability regulations also apply with regard to
on the liability of the seller for his vicarious agents and legal
9) Redemption of promotional vouchers
9.1 Vouchers issued by Seller under
Promotions with a certain period of validity issued free of charge
and which cannot be purchased by the customer (hereinafter
"Promotional vouchers"), can only be used in the seller's online shop and
can only be redeemed within the specified period.
9.2 Individual products can be excluded from the voucher campaign
be excluded if there is a corresponding restriction from the
content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the end of the
be redeemed during the ordering process. Subsequent offsetting is not permitted
9.4 When ordering, several
promotional vouchers can be redeemed.
9.5 The value of the goods must be at least the amount of
correspond to promotional vouchers. Any remaining credit will not be paid by the seller
9.6 Is the value of the promotional voucher sufficient to cover the
If the order is not completed, one of the
other payment methods offered by the seller.
9.7 The balance of a promotional voucher will not be used in
Cash paid nor interest.
9.8 The promotional voucher will not be refunded if the
Customer the goods paid for in whole or in part with the promotional voucher
returns his statutory right of withdrawal.
9.9 The promotional voucher is only for use by
the person named on it. A transfer of the Promotional Voucher
to third parties is excluded. The seller is entitled, but not
committed to the material entitlement of the respective
to check the voucher holder.
10) Governing Law
The law applies to all legal relationships between the parties
of the Republic of Austria to the exclusion of the laws on the international
purchase of moveable goods. For consumers, this choice of law only applies to the extent that
as not the protection granted by mandatory provisions of the law of
state in which the consumer has his habitual residence
If the customer acts as a merchant, legal entity of the
under public law or a special fund under public law with its registered office in
Territory of the Republic of Austria is the exclusive place of jurisdiction for
all disputes arising from this contract the place of business of the seller. Has
the customer has his registered office outside the sovereign territory of the Republic of Austria, so
the place of business of the seller is the exclusive place of jurisdiction for all
Disputes arising from this contract if the contract or claims arising from the
Contract attributed to the professional or commercial activity of the customer
can become. However, in the above cases, the seller is in each
Case entitled to appeal to the court at the customer's registered office.
12) Alternative Dispute Resolution
12.1 The EU Commission provides the following on the Internet
Link to a platform for online dispute resolution:
This platform serves as a contact point for
out-of-court settlement of disputes arising from online purchase or
Service contracts involving a consumer.
12.2 Seller is required to participate in a
Dispute settlement procedures before a consumer arbitration board
committed yet ready.