General Terms & Conditions with customer information
2. Conclusion of contract
3. Right of cancellation
4. Prices and payment conditions
5. Shipping and delivery conditions
6. Reservation of proprietary rights
7. Liability for defects
9. Special conditions for processing goods in accordance with specific customer requirements
10. Indemnity upon infringement of third-party rights
11. Applicable law, contractual language
12. Alternative dispute resolution
13. Code of Conduct
1.1 These Terms & Conditions (hereinafter “T&C”) of Sigrid Straßegger, trading under the name “Äpfel in Form” (hereinafter “Seller”), shall apply to all contracts that a consumer or trader (hereinafter “Customer”) concludes with the Seller using distance communication means (e.g. phone, fax, email, letter) exclusively through individual communication in respect of § 312j Para 5 Sentence 1 of the German Civil Code (BGB). The inclusion of the Customer’s own terms and conditions is herewith objected to, unless otherwise agreed.
1.2 These T&C apply to the purchase of vouchers, insofar as nothing has been expressly regulated to the contrary.
1.3 A consumer pursuant to these T&C is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these T&C is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the contract
2.1 The Customer may submit a non-binding request by telephone, email or via the online contact form provided on the Seller’s website to submit an offer to the seller At the Customer’s request, the Seller may send the Customer a binding offer regarding the sale of the goods previously selected by the Customer from the Seller’s range of goods in text form (e.g. by email, fax or letter).
2.2 The Customer can accept this offer by submitting a declaration of acceptance to the Seller via email or via the online contact form provided on the Seller’s website, or by paying the purchase price offered by the Seller within 7 (seven) days upon receipt of the offer, whereby the date of access to the offer is not included for the calculation of the period. For acceptance by payment, the date of receipt of payment by the Seller is decisive. If the last day of the period for accepting the offer falls on a Saturday, Sunday, or a public holiday recognized by the state at the Customer’s registered office, the next working day shall replace such a day. Should the Customer not accept the Seller’s offer within the aforementioned period of time, the Seller is no longer bound by this offer and may freely dispose of the goods. The Seller will expressly point this out to the Customer in their offer.
3) Right of cancellation
3.1 Consumers are entitled to the right of cancellation.
3.2 Detailed information about the right of cancellation is provided in the Seller’s instructions on cancellation.
3.3 The right of cancellation does not apply to consumers who are not nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.
4) Prices and payment conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Customer. This includes, for example, transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also be incurred if delivery is not made in a country outside the European Union and the Customer carries out the payment from a country outside the European Union.
4.3 The Customer will be informed of possible payment methods in the Seller’s offer.
4.4 If prepayment has been agreed via bank transfer, the payment must be made immediately after the contract has been concluded, unless the parties have agreed any other, later settlement date.
4.5 If the payment method delivery against invoice is selected, the purchase price becomes due once the goods have been delivered and the invoice has been issued.
4.6 If the payment method purchase on account is selected, the purchase price becomes due once the goods have been delivered and the invoice has been issued. In this case, the purchase price must be paid within 7 (seven) days upon receipt of invoice and with no deduction, unless agreed otherwise. The Seller reserves the right to offer the payment method purchase on account only if a certain order volume has been reached, and to refuse this payment method if the stated order volume has been exceeded. In this case, the Seller will refer the Customer to a corresponding payment restriction in his payment information in the online shop.
5) Delivery and dispatch conditions
5.1 Goods are delivered on the dispatch route and to the delivery address indicated by the Customer, unless agreed otherwise.
5.2 If the delivery of goods fails for reasons attributable to the Customer, the Customer shall bear the appropriate costs incurred to the Seller because of this. In respect of outbound delivery costs, this shall not apply if the Customer exercises his right to cancel effectively. For return shipping costs, if the Customer exercises his right of cancellation effectively, the arrangements made for this purpose by the Seller in the cancellation policy shall apply.
5.3 Should the Customer act as a trader, the risk of accidental destruction and accidental deterioration of the goods sold shall be transferred to the Customer as soon as the Seller has supplied the goods to the carrier, the haulage contractor, or the particular person or institute carrying out the shipping. Should the Customer act as a consumer, the risk of accidental destruction and accidental deterioration of the goods sold shall in principle only be transferred to the Customer or an authorized recipient once the goods have been delivered. Deviating from this, also among consumers, the risk of accidental destruction and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has supplied the items to the carrier, the haulage contractor or the person or institute otherwise carrying out the shipping, if the Customer commissions the carrier, the haulage contractor or the person or institute otherwise carrying out the shipping and the Seller has not previously named this person or institute to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods, he shall inform the Customer without delay and payments made by the Customer will be immediately refunded.
5.5 In the case of collection by the Customer, the Seller shall inform the Customer by email in the first instance that the goods ordered from the Seller are ready for collection. Upon receipt of this email, the Customer can proceed to collect the goods from the Seller’s place of business by arrangement with the Seller. No shipping costs will be charged in this case.
6) Reservation of proprietary rights
6.1 Concerning consumers: The Seller reserves the right to retain title of ownership to the delivered goods until the purchase price owed has been paid in full.
6.2 Concerning traders: The Seller reserves the right to retain title of ownership to the delivered goods until all claims relating to a current business relationship have been settled in full.
6.3 If the Customer acts as a trader, he is entitled to resell the reserved goods in the ordinary course of business. All claims against a third party resulting from such a course of business shall be transferred to the Seller beforehand according to the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods were sold without or after processing. The Customer remains entitled to collect such claims after the assignment. The Seller’s authorization to collect such claims themselves shall remain unaffected. However, the Seller shall not collect the claims as long as the Customer meets his payment obligations to the Seller, does not default on his payment, and no application has been made to open insolvency proceedings.
7) Liability for defects
If the purchased item is defective, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies:
7.1 If the Customer is acting as a trader,
– the Seller may choose the nature of the supplementary performance;
– for new goods, the limitation period for defects is one year from the delivery of the goods;
– the rights and claims for defects are generally excluded for used goods;
– the limitation period does not start afresh if a replacement is delivered according to the warranty for defects.
7.2 The limitations of liability and shortening of the limitation periods regulated in the previous paragraphs do not apply – for items that have not been used in conformity with their customary manner of use for a building or object, thus causing its defectiveness, – for claims for damages and compensation of expenses of the Customer, as well as – in the event that the Seller has fraudulently concealed the defect.
7.3 If the Customer is acting as a consumer, he is requested to file a complaint with the supplier regarding goods delivered with apparent transport damage, and to inform the Seller about this. If the Customer does not follow this procedure, it has absolutely no effect on his statutory or contractual defect claims.
The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
8.1 The Seller shall face unlimited liability – in case of intent or gross negligence, – in case of injuries of life, body or health resulting from intent or negligence, – in case of a promise of guarantee, unless otherwise provided, – in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
8.2 Should the Seller negligently infringe upon an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the previous paragraph. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfilment is essential for the due and proper implementation of the contract and on the fulfilment of which the Customer can regularly rely.
8.3 For the rest the Seller’s liability is excluded.
8.4 The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.
9) Special conditions for processing goods in accordance with specific customer requirements
9.1 If, as per the content of the contract, the Seller is liable for processing goods in accordance with specific customer requirements, in addition to delivering the goods, the Customer must provide the Seller with all content required for said processing, such as texts, images or graphics, in the file formats, image and file sizes stipulated by the Seller. The Customer must also issue the Seller with the usage rights required for the purpose. The Customer alone is responsible for procuring and acquiring the rights to this content. The Customer shall declare, and assume responsibility for, his right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are violated through this, in particular copyright, trademark and personal rights.
9.2 The Customer shall exempt the Seller from claims by third parties, which such parties may assert against the Seller in connection with an infringement of their rights as a result of the contractual use of the Customer’s contents by the Seller. The Customer shall also cover the costs of necessary legal defence, including all court and lawyer costs at the statutory rate. This does not apply if the Customer is not liable for the violation of rights. In the event of a claim being asserted by a third party, the Customer is obliged to provide all information required to verify and defend against the claim to the Seller immediately, correctly and in full.
9.3 The Seller reserves the right to refuse processing jobs if the content supplied by the Customer for the purpose contravenes legal or official prohibitions or transgresses standards of public decency. In particular this applies to the transfer of content that is anticonstitutional, racist, xenophobic, discriminatory, offensive, a danger to young people and/or glorifies violence.
10) Indemnity upon infringement of third-party rights
If, apart from delivering the goods, the Seller is contractually obliged to process those goods according to specifications defined by the Customer, the Customer must ensure that contents made available to the Seller for purposes of processing do not violate third-party rights (for example copyrights and trademark rights). The Customer shall indemnify the Seller from claims of third parties asserted against the Seller in connection with the violation of their rights by the Seller’s contractual use of the Customer’s contents. The Customer shall also cover the costs of necessary legal defence, including all court and lawyer costs at the statutory rate. This does not apply if the Customer is not liable for the violation of rights. In the event of a claim being asserted by a third party, the Customer is obliged to provide all information required to verify and defend against the claim to the Seller immediately, correctly and in full.
11) Applicable law, contractual language
11.1 The law of the Republic of Austria shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
11.2 Furthermore, this choice of law regarding the right to cancel does not apply to consumers who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.
11.3 The contractual language is German.
12) Alternative dispute resolution
12.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
12.2 The Seller is neither obliged nor willing to engage in dispute resolution proceedings before a consumer arbitration body.
13) Code of Conduct
The Seller is subject to the conditions of participation for the e-commerce initiative “Fairness im Handel” (Fair Trade), which can be viewed online at http://www.fairness-im-handel.de/teilnahmebedingungen/