General terms and conditions
for the web shop of cannhelp GmbH accessible at www.cannhelp.com.
These general terms and conditions are intended to regulate the sale of goods at a distance to consumers and businesses, and apply to services in the “B2C” and “B2B” sectors. In the “B2B” area, the consumer protection provisions do not apply in principle, except in the case of so-called formation transactions, i.e. transactions which a natural person carries out prior to the commencement of the business of his company in order to create the conditions for this, which are subject to the Austrian Consumer Protection Law (in German Konsumentenschutzgesetz or abbreviated “KSchG”; see Para 1 subpara 3 KSchG). Therefore, more restrictive rules can be applicable to businesses than for consumers. Consumer transactions, on the other hand, are subject to the provisions of KSchG, in particular the general information obligations of the entrepreneur pursuant to § 5a KSchG as well as the provisions of the Austrian Distance and Foreign Sales Law (in German Fernabsatz- und Auswärtsgeschäftegesetz or abbreviated “FAGG”).
General terms and conditions
valid from 01.01.2019
Provider: cannhelp GmbH hereinafter referred to as “COMPANY”
Address: Sterngasse 3/2/6, 1110 Vienna, Austria
Phone: +43 1 3750170
UID no.: ATU72433869
Company registration number: FN474546m
By clicking the checkbox “I have read and accepted the terms and conditions and the cancellation policy”, the buyer agrees to these terms and conditions and shall bound by them.
The deliveries, services and offers of the COMPANY shall be made exclusively on the basis of these General Terms and Conditions (abbreviated as “GTC”); the COMPANY shall not recognise any terms and conditions of the Customer that conflict with or deviate from these GTC, unless the COMPANY has expressly agreed to their validity. Contractual performance by the COMPANY shall not be deemed consent to contractual conditions deviating from these GTC.
- Essential properties of the goods
In the web shop of the website (www.cannhelp.com), the COMPANY offers e.g. natural vegetable products for sale.
Order and conclusion of contract
- The presentation of the goods in the web shop does not constitute a binding offer by the COMPANY to conclude a sales contract. The customer is thereby only requested to submit an offer by placing an order.
- The order takes place in the following steps:
- Selection of the desired goods
- Enter the login data for registration in the web shop (first name, surname, street and house number, zip code, city, country, e-mail address, telephone number), after initial registration only a login with user name and password is required.
- Show pre-contractual information for consumers according to § 5a KSchG and § 4 FAGG
- Choice of shipping method and type of payment (prepayment, invoice)
- Checking the information in the shopping cart
- Confirmation by clicking the button “order”.
- Re-examination and, if necessary, correction of the respective data entered.
- Binding submission of the order
- By submitting the order in the webshop, the customer submits a binding offer aimed at the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer acknowledges the pre-contractual information for consumers and these GTC as being solely authoritative for the legal relationship with the COMPANY.
- The COMPANY shall confirm receipt of the Customer’s order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contractual offer by the COMPANY. It merely serves to inform the customer that the order has been received by the COMPANY. The declaration of acceptance of the contractual offer is made by the delivery of the goods or an express declaration of acceptance.
Right of withdrawal of the consumer according to § 11 FAGG
- The customer, who is a consumer within the meaning of the Austrian Consumer Protection Law (KSchG), may withdraw from a contract concluded outside the business premises of the entrepreneur or from a distance selling contract within fourteen (14) calendar days, unless a statutory exception applies.
- The withdrawal period is fourteen (14) calendar days. In the case of contracts for the supply of goods, it shall commence on the day on which the consumer (customer) or a third party other than the carrier designated by him takes possession of the goods. In the case of a contract for several goods ordered and delivered separately in a single order, from the date on which the consumer (customer) or a third party other than the carrier designated by him has taken possession of the last goods. It is sufficient if the consumer (customer) has sent the declaration of withdrawal within the period.
- The notice of withdrawal can be sent informally by e-mail to firstname.lastname@example.org.
- The right of withdrawal does neither apply to goods which have already been opened, nor to goods which are manufactured according to customer specifications, which are clearly tailored to personal needs, which are not suitable for return due to their nature, which may go to waste quickly or whose expiration date has been exceeded (§ 18 para 1 FAGG).
- If the consumer (customer) withdraws from the contract, then step by step
- the COMPANY shall reimburse the payments made by the consumer (customer) including the delivery costs (with the exception of the additional costs resulting from the consumer (customer) having chosen a method of delivery other than the cheapest standard delivery offered by the COMPANY) and shall reimburse the necessary and useful expenses incurred by the consumer (customer) in the matter, and
- the consumer (customer) shall return the received goods within fourteen (14) days.
iii. The consumer shall bear the direct costs of the return by himself.
Prices, shipping costs
- The prices for each product are displayed in the web shop. All prices quoted by the COMPANY for business transactions are, unless otherwise expressly stated, excluding value added tax. Unless otherwise expressly stated, prices for end customer transactions are to be understood including value added tax. The prices are automatically displayed in the web shop with the appropriate tax rates.
- The prices of the products of the COMPANY do not include shipping costs. The dispatch takes place at the expense of the customer [consumer and entrepreneur business]. The actual costs incurred for shipment will be invoiced together with a reasonable surcharge for directing costs.
Import and customs regulations, export regulations
- When ordering, the customer shall comply the import and customs regulations of the respective country in any case.
- The customer shall bear the risk for all consequences arising from inadmissible shipment of goods abroad, non-compliance with the import and customs regulations of foreign countries (including transit regulations), incorrect or inadequate completion of the customs content declaration, the green customs label or other accompanying documents as well as non-compliance with the applicable export regulations. This also applies to damage incurred by the sender as a result of loss of the claim for compensation, if the consignment is confiscated by the customs authorities of a foreign country. The customer shall be responsible to obtain information by himself from the recipients of the consignments, the foreign representatives of the countries of destination or transit, the foreign trade offices, the Chambers of Industry and Commerce or other offices.
Terms of payment, default interest
- Terms of payment
We accept the following payment types:
- Prepayment / Bank transfer
In the case of payment by bank transfer, the customer shall pay within one week (seven (7) calendar days) of receipt of the order confirmation. The delivery takes place only after receipt of payment.
- Cash on delivery
The payment takes place only after delivery of the products. The delivery is made by the Austrian Post. The delivery must be accepted. Otherwise, processing and return fees will be charged.
- Payment on account: This payment type is only available for business transactions.
- Payment by credit card and eps bank transfer: The purchase contract is deemed to have been concluded immediately and an immediate purchase is made.
- Invoices shall be sent exclusively by e-mail. Invoices are sent with the order confirmation for orders placed via the online shop.
All prices shall be listed in Euro (€). We reserve the right to adjust prices should production require it.
For business transactions, the first order will be shipped exclusively after receipt of payment in advance. We deliver further orders with invoice. The payment period for this is fourteen (14) days net. The terms of payment are generous, because delivery times are already included. We reserve the right to supply customers with poor payment morale only against prepayment.
Account fees for international transfers (not SEPA) are borne by the buyer. The full invoice amount must be credited to the COMPANY’s account.
In case of delay of payment we charge EUR 5,- for repeated processing. Should there be a dunning procedure, the customer shall bear the costs incurred.
If the customer is in default of payment, the COMPANY shall be entitled, at its option, to either demand compensation for the actual loss incurred or interest on arrears at the statutory rate. The interest rate shall be 4% p.a. above the base rate for consumers and 9.2% p.a. above the base rate for businesses.
- The COMPANY shall also be entitled to demand compound interest in the event of default in payment by the Customer from the date on which the goods are handed over.
Dunning and collection charges
In the event of default in payment, the Customer undertakes to reimburse the dunning and collection expenses incurred by the COMPANY insofar as they are necessary for the appropriate prosecution. In the case of business transactions, this includes a lump sum of EUR 40.00 as compensation for debt collection costs in accordance with § 458 Austrian Coporate Code (in German Unternehmensgesetzbuch or abbreviated “UGB”). The assertion of further rights and claims remains unaffected.
Default of acceptance
If the Customer has not accepted the goods as agreed (default of acceptance), the COMPANY shall be entitled, after unsuccessful setting of a grace period, either to store the goods at its own premises, for which the COMPANY may charge a storage fee of 0.1% of the gross invoice amount per commenced calendar day, or to store the goods at the Customer’s expense and risk with an authorised trader. At the same time, the COMPANY shall be entitled either to insist on performance of the contract or, after setting a reasonable grace period of at least two (2) weeks, to rescind the contract and otherwise dispose of the goods.
Terms of delivery
- The COMPANY shall only be obliged to perform the service as soon as the Customer has fulfilled all its obligations required for performance.
- Unless otherwise stated in the order confirmation, the COMPANY shall ship the goods within four (4) working days after receipt of payment.
- The COMPANY shall be entitled to exceed the agreed dates and delivery periods by up to seven (7) calendar days. Only after expiry of this period, the customer is entitled to withdraw from the contract after setting a reasonable grace period.
Minor changes in performance
If the transaction is not a consumer transaction, minor or other changes to the service or delivery obligation, that are reasonable for the customer shall be deemed approved in advance. This applies in particular to deviations caused by the goods (e.g. in dimensions, colours, wood and veneer appearance, grain and structure etc.).
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or – in the case of consumer transactions – to damage to items taken over for processing. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. 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.
Retention of title
All goods delivered by the COMPANY shall be subject to retention of title and remain the property of the COMPANY until payment has been made in full. The assertion of the retention of title shall only constitute a withdrawal from the contract, if this is expressly declared. The COMPANY shall be entitled to charge any transport and handling expenses incurred in the event of the return of goods. In the event of access by third parties to the reserved goods – in particular by seizure – the customer shall point out the ownership right of the COMPANY and to inform the latter immediately. 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 has been paid in full, and in particular may not sell, pledge, give away or lend them. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
Right of withdrawal of the COMPANY/unjustified withdrawal of the customer
- In the event of default of acceptance (Point 8.) or other important reasons, such as default of payment by the customer, the COMPANY shall be entitled to withdraw from the contract. if it has not yet been completely fulfilled by both parties. In the event of withdrawal, the COMPANY shall have the option, in the event of fault on the part of the Customer, of claiming a lump-sum compensation of 15% of the gross invoice amount or compensation for the damage actually incurred. In the event of delayed payment by the customer, the COMPANY shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.
- If the Customer – without being entitled to do so – withdraws from the contract or requests its cancellation, the COMPANY shall have the choice of insisting on the performance of the contract or of agreeing to the cancellation of the contract; in the latter case, the Customer shall be obliged to pay a lump-sum compensation in the amount of 15% of the gross invoice amount or the damage actually incurred, at the option of the COMPANY.
Data protection, change of address, copyright
- The customer gives his consent that the personal data contained in the purchase contract may be stored and processed automatically by the COMPANY in fulfilment of this contract. Data will not be passed on to unauthorized third parties. The customer agrees that his e-mail address may be forwarded to DHL, GLS, Österreichische Post AG and DPD so that they may contact the customer by e-mail prior to the delivery of the goods for the purpose of agreeing a delivery date or provide status information on the delivery of the goods. The customer may revoke this consent at any time.
- The customer shall be obliged to notify the COMPANY of any changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations shall also be deemed to have been received, if they are sent to the last address submitted.
- Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like shall always remain the intellectual property of the COMPANY; the Customer shall not be granted any rights to use or exploit them.
Right of retention
If it is not a consumer transaction, the customer is not entitled to withhold the entire amount of the gross invoice amount in the case of a justified complaint – except in cases of reversal – but only an appropriate part.
Place of performance, contract language, choice of law, place of jurisdiction
- The place of performance shall be the registered office of the COMPANY.
- The contract language is German.
- The contracting parties agree on Austrian domestic jurisdiction. If the matter is not a consumer transaction, the competent court at the registered office of the COMPANY shall have exclusive local jurisdiction to decide on all disputes arising from this contract.
- Austrian substantive law is applicable to this contract with the exclusion of the reference norms of international private law (e.g. EVÜ, ROM I-VO) and the UN Convention on Contracts for the International Sale of Goods. In the case of a consumer transaction, this choice of law only applies insofar as it does not restrict any mandatory legal provisions of the state in which he has his residence or habitual abode.
Should provisions of this contract be legally invalid, void and/or void or become so in the course of their duration, this shall not affect the legal validity and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and/or void) provision with a legally effective and valid provision which corresponds in its economic effect to the replaced provision as far as possible and legally permissible.
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Use of the internet places
The customer is not entitled to use contents, graphics, source texts, offers, price quotations, logos, logos, trademarks, intellectual property rights or other contents of the AustrianSupermarket.com Internet sites. Use of the AustrianSupermarket.com Internet sites is at your own risk.
- All declarations of a legally binding nature based on this contract must be made in writing to the address of the other contracting party last notified in writing. If a declaration is sent to the address last notified in writing, it shall be deemed to have been received by the respective contractual partner. Invoices are sent by e-mail.
- The titles chosen for each chapter are intended solely for the sake of clarity and should therefore not be used to interpret this Agreement.
- The assignment of individual rights and obligations from these GTC are only permitted with the express written consent of the other contractual partner.
Approval pursuant to § 107 TKG
The Customer consents to receiving messages as defined by § 107 of the Austrian Telecommunications Act (in German Telekommunikationsgesetz or abbreviated „TKG”) for advertising purposes from the COMPANY or from companies commissioned by the COMPANY for this purpose. This consent can be revoked by the customer at any time for instance by e-mail. The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the statutory provisions (DSGVO, TKG 2003).