General Terms and Conditions | VINOBLE COSMETICS

1. Scope

These General Terms and Conditions of Business (hereafter referred to as the “GTC”) of Vinoble Cosmetics GmbH, Fresing 17a, 8441 Fresing, company number 269931h (hereafter referred to as “VINOBLE”) shall apply in the version valid at the time of the order to all contractual agreements in relation to the www.vinoble-cosmetics.at web shop concluded between VINOBLE and private customers (consumers).

In placing an order, the customer consents to the application of these GTC. VINOBLE expressly objects to the application of any general terms and conditions of business or of purchase of the customer. Any general terms and conditions of business presented by the customer that depart from these GTC shall have no effect, unless their applicability has been expressly accepted in writing.

The Terms and Conditions of Business are available in the www.vinoble-cosmetics.at web shop as a printable PDF.

2. Contractual language

The contractual languages are German and English. All other information and dealings shall be respectively provided or conducted in these languages.

3. Applicable law, jurisdiction and place of performance

These GTC and the contracts concluded with reference to these GTC shall be governed by Austrian substantive law, and the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply, unless specified otherwise by the mandatory provisions of the law applicable in the country in which the customer – as a consumer – is resident. The statutory jurisdiction shall apply.

4. Online dispute resolution platform

The EU Commission offers the opportunity for online dispute resolution on an online dispute resolution platform operated by it. This dispute resolution platform is available under the external link http://ec.europa.eu/consumers/odr.

5. Conclusion of a contract

All offers of VINOBLE constitute invitations to the customer to make an offer. The offers of VINOBLE are subject to confirmation. It is only possible to place an order if all customer data are provided.

The customer’s order shall constitute a binding offer to conclude a contract. Confirmation of receipt of the order shall be issued by automated email (order confirmation) following submission of the order; this confirmation does not imply contractual acceptance. A contract shall only be concluded upon the confirmation of the order by VINOBLE or actual performance to the customer.

6. Prices, shipping costs, due dates and default

The product prices indicated by VINOBLE at the end of the order process are final prices and include value added tax at the statutory rate along with other packaging, transport, loading, and shipping costs. Value added tax at the statutory rate and other packaging, transport, loading, and shipping costs shall be indicated separately during the order process, although they are included in the end price.

Unless a discount has been expressly agreed to, the customer shall not be entitled to deduct any discount. Unless agreed otherwise, the purchase price shall be payable by the customer at the time of the order.

VINOBLE accepts the following payment methods:

PayPal: The customer will receive instructions regarding the PayPal account to which payment is to be made after placing the order. Payments are processed through the payment services providers PayPal (Europe) S.a.r.l. and Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, and are subject to the User Agreement for PayPal Service, which may be consulted at www.paypal.com or – if the customer does not have a PayPal account – to the Terms for Payments without a PayPal account, which may be consulted at www.paypal.com.
Credit Card: The amount will be debited immediately after the order. Any fees shall be borne by the customer and payments shall be processed through the payment service provider Stripe Payments Europe, Limited (SPEL), 1 Grand Canal Street Lower Grand Canal Dock, Dublin, D02 H210.
Prepayment: The client will be provided with bank details for the transfer after placing the order.
Cash on delivery: The payment by cash on delivery is only possible in Austria and Germany, whereby a COD charge of € 3.50 for Austria and € 8.50 for Germany applies.

In the event of non-payment, default interest shall be charged at the statutory rate from the time the claim fell due. The foregoing shall be without prejudice to any further (statutory) claims. It shall not be permitted to offset any amounts payable against any amounts owed by VINOBLE, unless the claim is undisputed, has been established with legal effect or is related to the customer’s own liabilities.

7. Delivery

VINOBLE shall process the order without undue delay. The goods ordered shall in principle be dispatched – if they are available in stock – within 5 working days of the receipt of payment; further details relating to delivery deadlines will be provided as part of the order process for the goods concerned or shall be agreed upon between VINOBLE and the customer.

If the goods are not held in stock, VINOBLE shall inform the customer of the expected delivery deadline. However, dates and delivery deadlines shall be non-binding and shall only constitute a reference, unless they are expressly declared to be binding. Unless agreed otherwise, delivery shall be made to the delivery address specified by the customer. VINOBLE reserves the right at its discretion to ship orders comprised of multiple items either separately or as a single batch, in particular if the quantities ordered are not all available at the same time. VINOBLE delivers to addresses in the EU, Switzerland, Liechtenstein, and the United Kingdom. Pickup on site is not possible.

8. Duty to provide information

The customer shall provide VINOBLE with all information and shall state accurately all facts that may be necessary in order to provide the service. Any changes in circumstances, including in particular changes to customer data (name, address and email address) must be reported to VINOBLE as soon as possible.

9. Cancellation policy

Customers with the status of consumers may withdraw from a distance sales contract or from a contract concluded away from business premises within 14 days without any requirement to state reasons. The information concerning the prerequisites for and consequences of withdrawal are set out here.

The right of cancellation shall not apply in particular for orders of the following goods:

goods that, owing to their nature, are inseparably mixed with other goods following delivery;
goods prepared according to customer specifications or that are unequivocally tailored to personal requirements;
goods delivered in sealed packaging that, for health reasons or on the grounds of hygiene, are not suitable for return if the seal has been removed after delivery;
goods the price of which is dependent upon financial market fluctuations occurring during the cancellation period over which VINOBLE does not have any influence; or
goods that are perishable or close to their expiry date.

10. Transfer of risk

The general statutory rules concerning the transfer of risk shall apply.

11. Reservation of title

The goods delivered shall remain the property of VINOBLE until all claims arising under the Contract with any basis in law whatsoever have been paid, including interest, any discounts withheld by the customer without entitlement or not recognized by VINOBLE, other costs arising and the like.

For as long as a reservation of title is in place and unless and until all claims have been settled in full, the customer undertakes to treat the goods with due care and to comply with a standard duty of care. The goods may not be pledged or transferred as collateral before they have been paid for in full. Should the goods be impounded or seized or otherwise appropriated by a third party, the customer shall draw that party’s attention to the fact that VINOBLE is the owner, inform VINOBLE promptly, and send all information and documents to VINOBLE that are necessary to enforce its right of ownership.

12. Warranty

The general statutory rules concerning warranty rights shall apply. The warranty shall cover the statutory liability of VINOBLE for defects within the goods purchased at the time they were delivered to the customer. Defects that only come to light at a later stage shall not in principle be covered by the warranty. Warranty claims must be brought within a period of two years after delivery, and during the first six months after delivery it shall be the responsibility of VINOBLE to prove that the defect was not present at the time of delivery. In the event of a warranty claim, VINOBLE shall be entitled to rectify the defect or exchange the goods. The customer shall only be entitled to claim a reduction in price or rescission (the complete cancellation of the contract) in the event that rectification or exchange is impossible or would be associated with an unreasonably high cost for VINOBLE, or that VINOBLE is unable to comply with the request for rectification or exchange, or is unable to do so within a reasonable time.

13. Producer guarantee

If a producer has issued a voluntary assurance that the goods will work properly for a particular period of time (producer guarantee), the terms of the relevant producer guarantee shall apply. The terms and conditions and limitations of the relevant producer guarantees may be ascertained from the relevant guarantee terms and conditions.

14. Liability

The general statutory rules concerning liability shall apply. No liability shall be incurred for damage to property in the event of minor negligence. Damage claims shall become time barred within 3 years after the loss and the party responsible became known.

Privacy policy and information concerning the usage of your data

Intellectual property rights

The services and content offered on the Vinoble homepage and the structure of the homepage are protected by copyright.

All signs displayed, including in particular the Vinoble logo and the company name, are registered trade marks. The homepage may not be altered.

Choice of law, jurisdiction, severability clause

In the event that the legal transaction is not concluded with a consumer, the Parties agree that exclusive jurisdiction shall lie with the courts of Graz with competent ratione materiae. For consumers the statutory jurisdiction shall apply.

Austrian law shall apply, and the UN Convention on Contracts for the International Sale of Goods shall not be applicable.

Should any of the individual terms set forth above be or become invalid, this shall not affect the validity of the remaining terms. Any invalid terms shall be replaced by terms that comes as close as possible to the economic purpose of the Contract, taking reasonable account of the interests of both Parties.