General Terms and Conditions
Vinoble Cosmetics GmbH, A-8441 Fresing 17a (hereinafter referred to as “Vinoble”) distributes a natural range of cosmetics that can be purchased from its online shop at www.vinoble-cosmetics.at.
2. Scope of Application
2.1 These General Terms and Conditions shall apply to all legal transactions between Vinoble and users of the website. By using the Internet service and in particular by clicking on the “Accept” button, users confirm their agreement with these General Terms and Conditions.
2.2 Contradictory General Terms and Conditions shall only apply if this is specifically authorised by Vinoble in writing.
2.3 Vinoble reserves the right to amend these General Terms and Conditions at any time without providing a reason. Agreement to the amended General Terms and Conditions shall be deemed to have been granted if the Internet service is used.
2.4 The General Terms and Conditions may be saved or printed out by the users and are available for general consultation at www.vinoble-cosmetics.at.
3. Conclusion of the Contract
3.1 The online shop may be used free of charge. Usage shall only be granted to competent physical persons over the age of 18 who shall use the shop under their own responsibility. The user declares that they have entered their true identity and correct details.
3.2 Neither the presentation of products in the online shop nor the product details provided in the online shop, catalogues, brochures or other sales materials or on the remainder of the website shall be binding for Vinoble. In particular, acceptable slight variations may be noted between product pictures and the delivered products, e.g. changes in appearance and/or layout due to an alteration in the range. The presentation of the products shall not constitute a binding offer.
3.3 The completion of the ordering process by activating the “Send Order” button in the online shop shall constitute a binding commitment on the part of the user to conclude a purchase contract with Vinoble. The user must agree specifically to these General Terms and Conditions beforehand by activating the corresponding button. Once the order has been placed, Vinoble shall send the user a confirmation e-mail containing the details of the order and the charges for the ordered products. The content and scope of the order shall be governed exclusively by this written order confirmation. However, this confirmation shall not constitute acceptance of the offer by the user. Acceptance of the order and the purchase contract shall only be confirmed when the goods have been dispatched.
Vinoble reserves the right not to accept orders that contain incomplete and/or inaccurate details.
3.4 If Vinoble is unable to provide the ordered goods due to insufficient stock, or if Vinoble does not accept the order, Vinoble shall notify the user without delay and shall reimburse in full any payments that have already been made.
3.5 Products are generally sold in quantities corresponding to average personal consumption. If an order exceeds this quantity, or if several orders are received from a user for the same product, Vinoble reserves the right only to accept the orders insofar as they do not exceed the quantity corresponding to average personal consumption.
3.6 Amendments and additions to the contract shall only apply subject to the specific written approval of Vinoble.
3.7 The contractual language shall be German.
4.1 According to § 5e KSchG, the user shall be authorised to withdraw from their declaration of agreement within seven working days without having to present any grounds. It is sufficient simply to send the declaration by this deadline. The limitations of § 5f KSchG shall apply.
4.2 Withdrawal shall be notified to:
Vinoble Cosmetics GmbH A-8441 Fresing 17a
T +43 3456 500 10
F +43 345 62 81 51
4.3 The withdrawal period shall commence on the date of receipt of the goods by the user.
4.4 In the event of a withdrawal, the services received by both parties shall be systematically reimbursed. The consumer shall pay Vinoble a corresponding fee for use and the associated reduction in the overall value of the service.
4.5 The user shall cover the costs incurred in returning the goods.
5. Prices, Offsetting
5.1 The prices in force at the time of the order shall apply. All prices indicated on the website shall be without obligation, non-binding and subject to change at any time. The prices stated are gross (including VAT) in euros, ex works Vinoble and they exclude delivery.
5.2 The invoice amount shall be payable upon receipt of the confirmation e-mail (see 3.3). The user may pay the purchase price in advance, by credit card or by PayPal and shall use the payment method specified in the order. Vinoble reserves the right to verify the creditworthiness of the user in the ordering procedure and, if necessary, to exclude certain payment methods.
5.3 In the event of overdue payments, Vinoble shall be authorised to charge the user for all costs incurred in the legal proceedings required in addition to default interest amounting to 5% p.a. as of the payment deadline.
5.4 Furthermore, Vinoble shall be authorised to exclude the user from ordering further products in the event of non-payment following a single reminder.
5.5 The user may present objections against the invoice amount within 14 days of the invoice date; otherwise, the sum claimed shall be deemed to have been accepted. Vinoble shall notify the user of this deadline and of the legal consequences involved in the event of non-compliance.
5.6 The user shall not be authorised to offset open claims against Vinoble unless Vinoble becomes bankrupt or the counter-claim has been acknowledged or determined by the courts.
5.7 Until the complete payment by the user of the purchase price and all claims stemming from the business relationship or other legal grounds, including costs, ownership of the contractual service shall remain with Vinoble. The user shall be bound to take all necessary precautions to secure and protect the property of Vinoble; this implies in particular that pledging, transferral of guarantees and other forms of exploitation are prohibited.
6. Delivery, Transport
6.1 The place of fulfilment for Vinoble’s deliveries shall be the head office of Vinoble.
6.2 In the event of force majeure, the contractual obligations of both contracting parties shall be suspended. The term force majeure shall apply to industrial disputes in internal or external businesses, transport delays, machine breakages, product defects not attributable to Vinoble, official measures and other circumstances for which neither party is responsible.
6.3 Vinoble shall deliver the ordered products to the delivery address provided by the user. Vinoble shall select the means of transport and the transport route. The user shall be bound to accept the delivered products, even if they display certain defects.
6.4 Delivery deadlines specified by Vinoble shall always be non-binding unless they have been specifically accepted as binding in writing. Compensation for to late deliveries shall be excluded in all cases insofar as Vinoble is not guilty of wilful intent or gross negligence.
If Vinoble is not in a position to deliver the ordered goods for reasons beyond its control (e.g. because a supplier has not fulfilled their contractual obligations), Vinoble shall be authorised to withdraw from the contract with the user.
6.5 Liability shall be transferred to the user upon the handover of the goods to the transporter. The user may take out transport insurance and shall cover the associated costs.
6.6 If a delivery cannot be made to the user for reasons beyond the user’s control (e.g. because they could not be contacted at the delivery address), they shall cover the costs incurred in the aborted delivery.
6.7 The transport costs incurred shall be covered by the user and can be consulted in the “Transport and payment terms” section. Transport costs shall be at a fixed rate per order and shall not be linked to partial deliveries or the number of items ordered.
6.8 If Vinoble is responsible for a late delivery, the user may demand fulfilment or withdraw from the contract subject to a suitable period of notice (minimum of 14 days).
7. Retention of Proprietary Rights
7.1 The delivered goods shall remain the property of Vinoble Cosmetics GmbH until they have been paid for in full.
8.1 The legal provisions of § 9 KSchG shall apply. Any guarantee claims made by the user outside the scope of the said legal provisions shall be excluded, in particular claims for compensation for damages that do not concern the subject matter of the contract. This shall not apply insofar as there is mandatory liability by law in cases of wilful intent, gross negligence or deficiency of claimed properties.
8.2 In the event of a defect acknowledged by Vinoble after delivery has been made, the user shall be bound to return the goods initially delivered within 14 days, at Vinoble’s expense. Vinoble reserves the right to claim compensation according to the applicable legal conditions.
9.1 Vinoble shall be liable for damage insofar as it can be proven that Vinoble was guilty of wilful intent or gross negligence within the framework of the legal provisions. This liability limitation shall also apply to the liability of employees, workers and representatives.
9.2 Vinoble shall not be held responsible for server faults. Vinoble shall be authorised to suspend the online shop temporarily on necessary grounds (e.g. maintenance, security, capacity, updating).
9.3 The links offered on Vinoble online shall be carefully selected. However, responsibility shall not be accepted for the content of pages consulted via links.
10. Data Protection
10.1 Vinoble shall observe the applicable data protection provisions according to § 14 DSG 2000.
10.2 All personal data shall be treated as confidential and no such data shall be made available to the public. Data required for the completion of business shall be stored automatically. Personal data shall not be passed on to third parties unless this is absolutely necessary for the fulfilment of an order.
10.3 When signing up for the newsletter, the user confirms that their email address may be used for personal advertising purposes. Subscriptions may be cancelled at any time.
10.4 In order to ensure that user-friendly functions can be used, the Vinoble website includes cookies. The user may configure their browser in such a way that they are informed about about cookies and can accept or generally exclude them. The functionality of the website may be limited if cookies are not accepted.
The user may prevent cookies from being stored by means of the appropriate settings in the browser software. You may not be able to make full use of all the functions of the Vinoble website in this case. Furthermore, the user may prevent the capturing by Google of data produced by means of the cookie relating to their use of the website (including their IP address), and the processing of the data by Google, by downloading and installing the browser plug-in available from the following link http://tools.google.com/dlpage/gaoptout?hl=de.
10.6 The website provider records and automatically saves information and IP addresses in server log files that the user’s browser automatically sends to Vinoble. This data is not attributed to specific people. This data is not combined with other data sources. We reserve the right to check this data at a later date if we have reason to suspect illegal use.
11. Intellectual Property Rights
11.1 The services offered by Vinoble on the website and the site’s content and structure shall be protected by copyright.
11.2 All symbols displayed, in particular the Vinoble logo and the company name, are trademark-protected. Alteration of the homepage is prohibited.
12. Applicable Law, Jurisdiction, Severability Clause
12.1 Jurisdiction shall be determined according to § 14 KSchG.
12.2 Austrian law shall apply to the exclusion of the UN Law on the International Sale of Goods.
12.3 In the event that individual conditions of this contract are or become inapplicable, this shall not affect the applicability of the remaining provisions. The inapplicable condition shall be replaced by regulations that correspond as closely as possible to the economic purpose of the contract while respecting the interests of both parties.