AGB
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Applicability
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People
For the purposes of these general terms and conditions (hereinafter referred to as "GTC"), FOUR-TWENTY GmbH, FN 487131w, Praterstraße 14, A-1020 Vienna, hereinafter referred to as the "company" and the respective contractual partner or the Buyer referred to as "Customer". These terms and conditions are binding for all current and future business transactions with the company, even if they are not expressly referred to. The term customer also includes women and will be used throughout the following for the sake of simplicity.
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Consent
The company offers its goods exclusively on the basis of these GTC in its shops, in particular at Praterstraße 14, A1020 Vienna (hereinafter referred to as the "shop"), and on its website (https://www. superb. shop/) at. The General Terms and Conditions are available for free in the shop for information purposes and can also be called up at any time on the website under the heading "General Terms and Conditions". By purchasing goods in the shop and by clicking on the "Pay now" button on the website, the customer declares that he has read and understood these GTC (and the cancellation policy contained therein), agrees to them and is bound by them.
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Conflicting terms and conditions
Any general terms and conditions of the customer that conflict with or deviate from these GTC are completely waived by these GTC, unless the company has expressly agreed to their validity in writing. For this purpose, any acts of fulfillment of the contract by the company do not constitute consent to the customer's general terms and conditions that deviate from these terms and conditions.
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Conclusion of contract and orders
The presentation of the goods in the shop and on the website does not constitute a binding offer by the company to conclude a purchase contract. The customer is only asked to submit an offer to the company himself.
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Information about a consumer's right of withdrawal according to § 11 FAGG
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General
Customers who are consumers within the meaning of the Consumer Protection Act (hereinafter referred to as "consumers") can withdraw from a contract concluded outside the business premises of the entrepreneur or from a distance contract - unless a statutory exception applies - within fourteen working days.
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Deadline
The withdrawal period is fourteen calendar days. In the case of contracts for the delivery of goods, it begins on the day on which the consumer or a third party named by him who is not the carrier took possession of the goods. In the case of a contract for several goods ordered in a single order and delivered separately, from the day on which the consumer or a third party designated by him, who is not the carrier, took possession of the last good. It is sufficient if the consumer has sent the declaration of withdrawal within the period.
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Form of declaration
The declaration of withdrawal can, for example, be sent informally via email to hello@supherb. shop or by writing to the shop.
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Exclusion
The right of withdrawal does not apply to goods that have already been opened, nor to goods that have been manufactured according to the customer's wishes, that are clearly tailored to his personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiry date has passed (see Section 18 (1) FAGG).
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Legal consequences
If the consumer declares the withdrawal from the contract, the company must step by step reimburse the purchase price paid by the consumer including the costs of delivery (except for costs that go beyond those of a standard delivery, such as the costs of express delivery) and the consumer to replace the necessary and useful effort made and the consumer to return the received goods within fourteen days.
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Prices, shipping costs
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Prices
The goods offered by the company are exhibited in the store and on the website. The price of the offered goods including VAT is in the shop and on the website in a customary manner on, under or next to the goods.
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Shipping costs
The price of the goods in the web shop does not include shipping costs, which are the responsibility of the customer. The company charges the customer for the shipping costs actually incurred as well as an appropriate administration cost surcharge.
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Import and customs regulations, export regulations
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Compliance with import and customs regulations
In the case of distance selling orders, the customer must observe and comply with the import and customs regulations of the respective destination country.
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Liability
The customer is solely responsible for the risk of all consequences arising from the unauthorized shipment of goods abroad, from non-compliance with import and customs regulations of foreign countries (including transit regulations), from the incorrect or insufficient copy of the customs declaration, the green customs label or other accompanying documents as well as result from non-compliance with the applicable export regulations. This also applies analogously to damage that the sender incurs as a result of the loss of the right to compensation if the goods sent are confiscated by the customs authorities of a foreign country.
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Terms of payment, interest on arrears
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Types
The company accepts the following payment methods: cash, debit card, Vivawallet and bank transfer.
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Transfer
If a customer chooses the payment method bank transfer, he must pay within seven calendar days of receipt of the order confirmation. The delivery will only take place after (full) payment has been received on the company's account.
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Prepayment
The company reserves the right to only deliver to customers with poor payment behavior against prepayment.
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Legal consequences of late payment
If a customer is in default of payment, the company is entitled to choose between compensation for the damage actually incurred or interest on arrears at the statutory rate. This is currently 4% per year for consumers and 9.2% per year for entrepreneurs above the base interest rate. The base interest rate can be updated daily on the website of the Austrian National Bank (https://www. oenb. at/service/interest-and-exchange-rates/connecting-interest-rates. html) can be retrieved.
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Default of acceptance
If the customer does not accept the goods sent as agreed, he is in default of acceptance. After unsuccessfully setting a grace period, the company is entitled to store the goods at the expense and risk of the customer with an authorized tradesman. In this case, too, the company reserves the right to either continue to insist on the fulfillment of the contract or, after setting a reasonable grace period of at least two weeks, to withdraw from the contract and to use the goods elsewhere.
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Terms of delivery
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performance obligation
The company is only obliged to perform if the customer has fulfilled all his obligations that are necessary for the execution.
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Shipping
Unless otherwise stated in the order confirmation, the company ships the goods within seven working days after receipt of payment.
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Extraordinary delivery time
The company is entitled to exceed the agreed dates and delivery times by up to two weeks. Only after this period has expired is the customer entitled to withdraw from the contract after setting a reasonable grace period.
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Minor performance changes
If it is not a consumer transaction, minor or other changes to the performance or delivery obligation that are reasonable for the customer are deemed to have been approved in advance. This applies in particular to deviations caused by the goods (e.g. B with dimensions, colors, packaging, smell etc. )
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Disclaimer
- Customer claims for damages against the company are excluded in the case of slight negligence and property damage. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence, unless it is a consumer transaction, has to be proven by the damaged customer. The provisions on damages contained in these GTC or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
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Retention of title
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Agreement
The company delivers goods to customers exclusively under retention of title and these remain the property of the company until full payment has been made.
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Relationship to withdrawal from the contract
The assertion of the retention of title only counts as withdrawal from the contract if this is expressly declared.
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Return of goods
When goods are returned, the company is entitled to charge for any transport and handling charges incurred.
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Assertion of reservation
In the event of access by third parties to the goods subject to retention of title - in particular through attachments - the customer undertakes to point out the company's ownership right and to inform the company immediately of this circumstance. If the customer is a consumer or not an entrepreneur whose ordinary business operations include trading in the goods purchased from the company, he may not dispose of the reserved goods until the outstanding purchase price claim has been paid in full, and in particular may not sell, pledge, give away, derelict or lend them.
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Risk Bearing
The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
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Right of withdrawal
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acceptance or Customer default
In the event of a default in acceptance by the customer or other important reasons, such as default in payment by the customer, the company is entitled to withdraw from the contract if it has not yet been completely fulfilled by both parties.
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Compensated Damages
In the event of withdrawal, if the customer is at fault, the company has the choice of requesting flat-rate damages of 20% of the gross invoice amount or compensation for the damage actually incurred. If the customer defaults in payment, the company is released from all further service and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.
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Unauthorized withdrawal from the contract
If the customer withdraws from the contract without justification or requests its cancellation, the company has the choice of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract. In the event of cancellation of the contract, the customer is obliged to pay a lump-sum compensation of 20% of the gross invoice amount or the damage actually incurred, at the discretion of the company.
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Address changes
The customer is obliged to notify the company of changes to his residential or business address (the delivery address) as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations are also deemed to have been received if they are sent to the last known address.
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Competition
supHerb offers various competitions via the website at irregular intervals. It is noted that participation in the sweepstakes is only possible under the conditions listed here. The customer thus confirms that he expressly accepts the conditions listed here in the event of participation in the competition.
To participate in sweepstakes, at least the first and last name and the e-mail address must be given; the guest is responsible for the correctness. By participating in the competition, the customer confirms that he is over 18 at the time of participation. has reached the age of
Participation in the competition is only possible if you have registered for the supHerb newsletter. The customer therefore confirms that he expressly agrees to the transmission of newsletters. Participation in a competition is also only possible within the specified times and only up to a certain point in time.
After the end of the competition, the prizes will be drawn and the winners will be notified by email. The prizes are handed over either personally (proof must be provided here, e.g. B: Photo ID) or by sending it to the e-mail address. A cash payment is excluded.
The customer is responsible for reporting the correctness of the data, in particular the e-mail address. supHerb is therefore not liable for the incorrect transmission of e-mails.
supHerb reserves the right to terminate the competition at any time without notice.
The customer is not entitled to take part in a competition more than once. Minors are also excluded from participation. If an unauthorized person takes part in a competition, there is no entitlement even if they win.
supHerb reserves the right, in the event of irregularities, to require the customer to be contacted using the email address provided when gambling.
In the event of participation in a competition, the customer expressly acknowledges that vouchers of all kinds (including bonus prizes from our wheel of fortune) can only be redeemed subject to availability.
Bonus prizes (100G SPECIAL EDITION HHC, SMOKING KING SIZE + TIPS, 10% DISCOUNT, 5% DISCOUNT) in the course of registering for the newsletter are at no time linked, can be combined with a regular customer bonus or other sweepstakes prizes. 1 bonus can be redeemed per order.
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Right of retention
If it is not a consumer business, the customer is not entitled to withhold the entire, but only a reasonable part of the gross invoice amount, even in the case of a justified complaint - except in cases of reversal.
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Place of performance, contract language, choice of law, place of jurisdiction
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Place of performance
The place of fulfillment is the registered office of the company.
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Contract language
The contract language is German.
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Jurisdiction
The contractual partners agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the competent court at the company's registered office has exclusive local jurisdiction to decide all disputes arising from this contract.
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Choice of Law
Substantive Austrian law is applicable to this contract, excluding the reference standards of private international law and the UN Sales Convention. This choice of law applies to a consumer only insofar as it does not restrict any mandatory statutory provisions of the state in which he has his place of residence or habitual abode.
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Severability clause
Should provisions of these General Terms and Conditions be legally ineffective, invalid and/or void or become so over the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contractual partners undertake to replace the legally ineffective, invalid and/or void (legally ineffective, invalid and/or null and void) provision with one that is legally effective and valid and in its economic effect of the replaced provision - as far as possible and legally permissible – corresponds.
