General Terms and Conditions
1. for End Users, valid from May 2018
Vinoble Cosmetics GmbH, A-8441 Fresing 17a (hereafter referred to as “Vinoble”) distributes high-value cosmetics products based on herbal substances obtained from vines, which may be purchased in the online shop at www.vinoble-cosmetics.at.
2.1. The following General Terms and Conditions of Business (hereafter referred to as the “GTC”) shall apply to all legal transactions between Vinoble and users of the online shop and the website. In using the online service, and in particular by clicking on the consent button, the user accepts the GTC as valid from time to time.
2.2. Any amendments or supplements to the GTC or any oral agreements that depart from these GTC shall only be valid if confirmed in writing by Vinoble. 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.
2.3. Vinoble reserves the right to amend these GTC at any time without stating reasons. In placing an order, the customer consents to the application of these GTC. These GTC shall apply for all future transactions, even if they are not expressly agreed to hereafter.
2.4. The GTC may be saved and printed out by users and are freely available to anybody at www.vinoble-cosmetics.at.
3. Conclusion of a contract
3.1. The online shop may be used free of charge. Usage is only permitted by natural persons of legal age with legal capacity. Usage occurs at the user’s own risk. The user warrants that he/she has stated his/her true identity and provided only accurate data.
3.2. The presentation of the products in the online shop along with information relating to the products in the online shop and in catalogs, prospectuses, other sales material and elsewhere on the homepage shall not be binding for Vinoble. In particular, there may be (minor, reasonable) differences between product images and the actual products supplied, e.g. changes in appearance and/or in features following a change in product range etc. The presentation of products does not constitute a binding offer.
3.3 The completion of the order process by clicking on the button “submit order” in the online shop constitutes a binding offer by the user to Vinoble to conclude a contract of sale. The user must previously have expressly agreed to these GTC, likewise by clicking on the relevant button. After the order has been placed, Vinoble shall send the user a confirmation email containing details of the order along with an invoice for the products ordered. The content and scope of the order shall be determined exclusively with reference to this written order confirmation. However, this order shall not constitute acceptance of the user’s offer. The order shall only be accepted – and a contract of sale shall only be concluded – upon the shipment of the goods. Vinoble reserves the right to refuse to accept orders that contain incomplete and/or inaccurate information.
3.4. If Vinoble is unable to supply the goods ordered due to non-availability or if Vinoble does not accept the order, Vinoble shall give notice of this to the user and where applicable promptly reimburse any payments that have been made.
3.5. Products shall in principle only be sold in normal quantities for domestic usage. If an order exceeds such an amount or if a large number of orders are placed by a single user for the same product, Vinoble reserves the right to accept the orders only up to the normal quantity for domestic usage.
3.6. Any amendments or supplements to the contract shall only be valid if expressly approved in writing by Vinoble.
3.7. The language of contract shall be German. All other information and dealings shall be respectively provided or conducted in the German language.
4. 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 below in the cancellation policy
4.1. Right of cancellation
You have the right to cancel this contract within fourteen days without any requirement to state reasons.
The cancellation period amounts to fourteen days starting from the day on which you, or a third party designated by you other than the carrier, took possession of the goods or on which you, or a third party designated by you other than the carrier, took possession of the last batch of goods, the last partial shipment or the last item. In order to exercise your right of cancellation, you must inform us at
Vinoble Cosmetics GmbH
A-8441 Fresing 17a
T +43 3456 500 10
F +43 345 62 81 51
by an unequivocal declaration (e.g. a letter sent by post or an email) of your decision to cancel this contract. You can use a standard cancellation form, although this is not a requirement.
You will be deemed to have canceled within the cancellation period if you send the notice concerning the exercise of the right of cancellation prior to expiry of the cancellation period.
4.2. Consequences of cancellation
If you cancel this Contract, we shall reimburse to you all payments that we have received from you, including the delivery costs (with the exception of any additional costs resulting from the fact that you have selected a form of delivery different from the cheapest standard delivery option offered by us) promptly and within no more than fourteen days of the day on which we receive notice of your cancellation of this Contract.
We shall use the same means of payment that you used for the original transaction in order to process the reimbursement, unless expressly agreed otherwise with you; you will not under any circumstances be charged any fee for such reimbursement.
We can refuse to pay reimbursement until we have received back the goods or until you have furnished proof that you have sent back the goods, if earlier.
You must send back or deliver the goods to us (Vinoble Cosmetics GmbH, A-8441 Fresing 17a) promptly and under all circumstances within fourteen days of the day on which you informed us of the cancellation of this Contract. The time limit shall be deemed to have been complied with if you send back the goods prior to expiry of the fourteen-day time limit.
You must cover the costs arising directly in relation to the return shipment of the goods.
You will only be held liable for any value in loss of the goods in the event that this loss in value is attributable to any handling by you that is not necessary in order to inspect the quality, characteristics and functioning of the goods.
4.3. Exceptions to the right of cancellation
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.
5. Prices, Offsetting
5.1. The applicable prices shall be those at the time of the order. All prices indicated on the homepage are non-binding, subject to confirmation, and liable to change at any time. The prices indicated are gross prices (thus including VAT at the statutory rate) and are stated in euros ex works from Vinoble without shipping.
5.2. The invoice amount shall fall due for payment upon receipt of the invoice sent with the confirmation email (cf. 3.3). The user may pay the purchase price in advance, by credit card or by direct debit or PayPal and must state the means of payment in the order. Vinoble reserves the right to examine the creditworthiness of the user during the order process and as the case may be to exclude any specific means of payment.
5.3. In the event of late payment, Vinoble shall be entitled to charge the user all appropriate legal enforcement costs along with default interest at 5% per annum from the due date.
5.4. In addition, Vinoble shall be entitled to prevent the user from ordering further products in the event of non-payment and the failure to respond to a reminder.
5.5. Any objections to the amount claimed in the invoice must be raised by the user within fourteen days of the date of the invoice, failing which the amount claimed shall be deemed to have been accepted. Vinoble shall draw the user’s attention to this period and to the legal consequences in the event of non-compliance.
5.6. The user shall not be entitled to offset any amounts due against claims it may have against Vinoble, unless Vinoble becomes insolvent or the counterclaim has been recognized or established by a court of law.
6. Delivery, shipping
6.1. The place of performance for deliveries by Vinoble shall be the registered office of Vinoble in A-8441 Fresing 17a.
6.2. In the event of a force majeure, the contractual obligations of both contractual parties shall lie in abeyance. Force majeure shall include in particular industrial unrest within the party’s own or a third party business, transport delays, the breakdown of machinery, production-related stoppages beyond the control of Vinoble, governmental action and any other circumstances beyond the control of the parties.
6.3. Vinoble shall deliver the goods ordered to the delivery address indicated by the user. Vinoble shall select the means of transport and the route. The user is obliged to accept the goods delivered, even if they feature any defects.
6.4. The delivery times indicated by Vinoble shall under all circumstances be non-binding, unless expressly warranted in writing as binding. Damages may not under any circumstances be claimed on account of late delivery, except in cases involving willful action or gross negligence on the part of Vinoble. In the event that Vinoble is unable to deliver the goods due to reasons beyond its control (such as because a supplier has failed to comply with its contractual obligations), Vinoble shall be entitled to cancel the contract with the user.
6.5. Risk shall pass to the user upon the handover of the goods to the transport company. The user may take out transport insurance at his/her own cost.
6.6. If delivery cannot be made to the user due to a reason within his/her control (e.g. on the grounds that he/she was not available at the delivery address), he/she shall bear the costs associated with unsuccessful delivery.
6.7. Any shipping costs arising shall be borne by the user, and may be consulted under “Shipping and payment terms”. Shipping fees shall be charged as a flat-rate amount for each order, irrespective of any partial deliveries or the number of items ordered.
6.8. In the event that Vinoble is at fault for delayed delivery, the user may demand performance or cancel the contract following expiry of a reasonable grace period (at least fourteen days).
7. Retention of title
7.1. 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.
7.2. 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 in order to enforce its right of ownership.
8.1. If the customer is a consumer, the general statutory provisions on 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 for 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 fault 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.
8.2. 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.
9.1. If the customer is a consumer, the general statutory provisions on 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.
9.2 9.2. Vinoble shall not under any circumstances bear liability for any failure of the server. Vinoble shall be entitled to close down and take offline the online shop either temporarily or permanently should this prove to be necessary (e.g. maintenance, security, capacity, improvement etc.).
9.3. The links provided by Vinoble have been carefully selected, although no liability shall be incurred for the content of the pages to which the links refer.
10. Data protection and information concerning the usage of your data
10.1. Vinoble shall comply with the relevant applicable data protection law. It is expressly noted that the name, address(es), telephone and fax numbers, email address(es) and means of payment of the customer of PANTHER will be saved on data carriers for the purpose of automated customer support (accounting, customer file) in relation to the performance of the contract. No customer data will be disclosed to any third parties except where this is necessary in order to fulfill the order (to the delivering shipping company).
10.2. All personal data shall be treated in confidence and shall not be made publicly accessible. The data necessary in order to process the transaction shall be stored using automated devices. No personal data will be disclosed to third parties unless this is absolutely necessary for the purpose of performance of the contract.
10.3. In the event that he/she signs up for the newsletter, the user consents to the usage of his/her email address for advertising purposes. The user may unsubscribe at any time.
10.4. In order to ensure that it operates in a user-friendly manner, the website of Vinoble uses so-called “cookies”. The user can adjust his/her browser settings so as to be informed regarding “cookies” and may enable or disable cookies as a general matter. In the event that “cookies” are not enabled this may impair the proper functioning of the website.
10.5. The Vinoble website uses the web analysis service Google Analytics of Google Inc. The following text is taken from the Terms of Service of Google Analytics: Google Analytics uses so-called “cookies”; these are text files that are stored on your computer and make it possible to analyze how the website is used by you. The information generated by the cookie concerning your usage of this website (including your IP address) will be transferred to a Google server in the USA and stored at that location. Google will use this information to assess your usage of the website, to compile reports concerning website activities for website operators and to provide further services related to usage of the website and of the internet. Google may also transfer this information to third parties where required to do so by law or in the event that such third parties process these data for Google. Google will not under any circumstance cross-reference your IP address with other data held by Google. You can prevent the installation of cookies through the appropriate settings in your browser software; however, please note that, should you do so, you may not be able to use all functions of this website in full. In using this website you consent to the processing of the data collected in relation to you by Google in the manner and for the purpose described above. Source: Google Analytics Terms of Service
The user can prevent “cookies” from being stored through the appropriate settings in the browser software. If this is done, it may not be possible to use all functions of the Vinoble website in full. In addition, the user can prevent the transmission to Google of the data collected by the “cookie” relating to his/her usage of the website (including his/her IP address) and the processing of the data by Google by downloading and installing the browser plugin available at the following link http://tools.google.com/dlpage/gaoptout?hl=de.
10.6. The website operator will automatically collect and store information and IP addresses in so-called server log files, which the user’s browser automatically transmits to Vinoble. These data cannot be allocated to specific individuals. These data will not be cross-referenced with data from other sources. We reserve the right to examine these data at a later stage in the event that we become aware of specific indications of unlawful usage.
10.7. The Controller is Vinoble Cosmetics GmbH, A-8441 Fresing 17a. Our Data Protection Officer may be contacted by writing to the above address or to firstname.lastname@example.org.
The primary purpose for which personal data are processed is the taking of steps prior to entering into a contract, as well as the management and performance of the contract. Your data will be collected and processed for the purpose of processing orders and contracts. It will not be possible to conclude and perform a contract or to process an order without processing your data. Your data will be processed on any of the grounds permitted under the GDPR, including in particular performance of a contract, the pursuit of our legitimate interests and compliance with legal and contractual obligations. We shall obtain your consent before processing particularly sensitive personal data, unless processing is necessary in order to enforce legal rights.
Where necessary for contractual performance or prescribed by law, we may transmit any data required in specific individual cases to recipients charged with particular tasks, such as logistics providers or credit reference agencies, tax advisors, lawyers, courts or prosecuting authorities. We shall not transmit personal data outside the EU.
We shall only store your personal data for as long as and insofar as is necessary for the above-mentioned purposes or as we are obliged to by law. We shall give consideration in this regard to the relevant time barring periods and duties of retention (7-30 years).
You have the following rights where the necessary prerequisites are met: the right to information, rectification, erasure, to complain to the data protection authority and the right to restrict processing and, in the event that consent has been provided, the right to data portability. If processing is based on consent, such as e.g. for dispatch of the newsletter, you have the right to withdraw consent at any time. We shall not process these data any further unless there is any other basis for lawful processing.
On the basis of the information provided by you, we may occasionally decide to inform you according to a fully automated process regarding further products that may be of interest for you. Appropriate measures shall be put in place in order to protect such personal data against misuse.
11. Intellectual property rights
11.1. The services and content offered on the Vinoble homepage and the structure of the homepage are protected by copyright.
11.2. All signs displayed, including in particular the Vinoble logo and the company name, are registered trade marks. The homepage may not be altered.
12. Choice of law, jurisdiction, severability clause
12.1 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.
12.2. Austrian law shall apply, and the UN Convention on Contracts for the International Sale of Goods shall not be applicable.
12.3. 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.