Terms & Conditions
1.1 These general terms and conditions, hereinafter referred to as terms and conditions, apply to all current and future business relationships, contracts and deliveries between the buyer or client (hereinafter referred to as the "customer") and us [Alpine Dreams e.U.], represented by the sole proprietor Gerhard Schönbacher. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed. If the supplier has a long business relationship with the customer, these terms and conditions apply even if no special reference is made to their validity. The general terms and conditions also apply to follow-up orders, even if they are not separately agreed orally or in writing.
2) Conclusion of contract in the web shop / distance selling
2.1 The information in the Alpine Dreams e.U. Product descriptions contained do not constitute binding offers, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in our online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also send the offer to Alpine Dreams e.U. by post, email or telephone. submit.
2.3 Alpine Dreams e.U. can accept the customer's offer within five days,
• by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
• by asking the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. Alpine Dreams e.U. does not accept the offer of the customer within the aforementioned period, this is regarded as a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects "PayPal" as the payment method in the context of the online order process, he also issues a payment order to his payment service provider by clicking the button that concludes the order process. In this case Alpine Dreams e.U. in deviation from section 2.3, the customer's offer is already accepted at the point in time when the customer triggers the payment process by clicking the button that concludes the order process.
2.5 The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the submission of the offer.
2.6 When submitting an offer via the online order form of Alpine Dreams e.U. Alpine Dreams e.U. saved and sent to the customer in text form (e.g. e-mail or letter) after submitting his order together with the present terms and conditions. In addition, the text of the contract is published on the Alpine Dreams e.U. archived and can be called up free of charge by the customer via his password-protected customer account, providing the corresponding login data, provided the customer has a customer account in the Alpine Dreams e.U. online shop before sending his order. has created.
2.7 Before submitting the order using the online order form of Alpine Dreams e.U. the customer can continuously correct his entries using the usual operator functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual operator functions.
2.8 The order processing, invoicing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct, so that the emails sent by the supplier can be received at this address. In particular, when using SPAM filters, the customer must ensure that all of Alpine Dreams e.U. or e-mails sent by this third party commissioned with the order processing.
3) Conclusion of a contract outside of distance selling / cost estimates / general information about the conclusion of a contract
3.1 Verbal communications from Alpine Dreams e.U. - also at the request of the customer - are subject to change, even if prices, dates and other specifications are communicated.
3.2 The contract is concluded with the order confirmation from Alpine Dreams e.U. or, in the absence thereof, the delivery to the customer. In any case, the contract is also concluded without sending an order confirmation if the customer accepts Alpine Dreams e.U. accepts in writing.
3.3 If the order confirmation signed by the customer differs from his order, the order confirmation applies in case of doubt, provided that the customer is not a consumer. In this case, no contract is concluded with a consumer.
3.4 Our cost estimates for large orders are only binding if they have been created especially for a customer and have been submitted in writing.
3.5 Insignificant, reasonable deviations in dimensions and designs (color and structure) are reserved - regardless of the type of contract conclusion - insofar as these are and are common in the nature of the materials used and - or the photos published in the web shop. Material-related changes are considered to be objectively justified, e.g. in terms of dimensions, colors, wood and veneer pattern, grain and structure, etc.
4) Right of withdrawal
4.1 Consumers residing in the EU have the right to withdraw from contracts if
1. the contract is concluded with the physical presence of the entrepreneur and the consumer at a location that is not a business premises of the entrepreneur,
2. for which the consumer has made an offer under the circumstances specified in No. 2,
3. the contract is concluded by means of long-distance communication, immediately after the consumer has been addressed personally and individually in a place other than the business premises of the entrepreneur while the entrepreneur or his representative and the consumer are physically present, or
4. which is concluded on an excursion organized by an entrepreneur or his representative with the intention or with the result that the entrepreneur advertises or has advertised for the sale of goods to the consumer and concludes corresponding contracts with the consumer
5. the contract between an entrepreneur and a consumer is concluded without the physical presence of the entrepreneur and the consumer at the same time within the framework of a sales or service system organized for distance selling, with only telecommunication means being used up to and including the conclusion of the contract;
6. the consumer has not submitted his contractual declaration in the rooms used by the entrepreneur for his business purposes or at a stand used by him for this purpose at a trade fair or a market, or the entrepreneur or a third party cooperating with the consumer during an advertising trip, an excursion or similar event or by personal, individual approach on the street to the rooms used by the entrepreneur for his business purposes and the contract does not fall under Z. 1. - 5.
The right of withdrawal according to Z.6. the consumer is not entitled
a. if he himself has initiated the business connection with the entrepreneur or his representative for the purpose of concluding this contract,
b. if the conclusion of the contract has not been preceded by any discussions between the parties involved or their agents, or
c. for contracts in which the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs outside their business premises and the agreed fee is 25 euros, or if the company is not operated in its own permanent business premises and the remuneration does not exceed 50 euros
d. in the case of contractual declarations made by the consumer in the physical absence of the entrepreneur, unless the entrepreneur has urged him to do so.
4.2 Further exceptions and more detailed information on the right of withdrawal can be found in our cancellation instructions.
5) Prices and terms of payment
5.1 Unless otherwise stated in our product description, the prices quoted are total prices that include VAT. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
5.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases which we are not responsible for and which are borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.4 The customer has various payment options available for distance selling orders, which are specified in our online shop.
5.5 If prepayment has been agreed upon purchase via the online shop, payment is due immediately after the contract is concluded.
5.7 Unless otherwise agreed, 30% of the order amount is due upon receipt of the order confirmation for contracts that have not been concluded via the online shop; Any promised delivery period does not start to run until the payment date. The rest is due upon completion and billing. Invoices placed are due within 14 days.
5.8 In the event of default, the customer undertakes to replace the dunning and collection expenses necessary for the appropriate legal prosecution, insofar as these are in a reasonable relationship to the claim being made and default interest of 9% p.a. to pay. The statutory default interest for entrepreneurs remains unaffected.
5.9 If the customer does not meet his payments, stops his payments or if bankruptcy or compensation is opened for his assets, the entire remaining debt is due.
For consumer shops, this only applies if Aline Dreams e.U. himself has already performed his services, at least one of the customer's back payments has been due for at least six weeks, and the supplier has unsuccessfully warned the customer of the loss of the deadline and a grace period of at least two weeks.
6.1 Alpine Dreams e.U. refers on its website, on external websites and on various advertising materials to the health-promoting effects of Austrian stone pine products, which have been examined, among other things, from a scientific point of view. We expressly do not guarantee that the effects described must actually occur for every person. It should also be noted that the scientific investigation was carried out in a solid pine room with a pine bed, which means that small amounts of pine do not promise the same effect as large amounts.
7) Delivery and shipping conditions
7.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, Alpine Dreams e.U. specified delivery address is decisive. Deviating from this, when choosing the payment method PayPal, the delivery address deposited by PayPal at the time of payment is decisive.
7.2 Does the transport company send the goods to Alpine Dreams e.U. back, because delivery to the customer was not possible, the customer bears the cost of the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal or if he is not responsible for the circumstance that made the delivery impossible.
7.3 If the customer sends the goods to Alpine Dreams e.U. back, he has to bear the shipping costs incurred.
7.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the supplier has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass until the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods, even for consumers, is transferred to the customer as soon as the supplier has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the freight forwarder, the carrier or the person or institution otherwise to carry out the shipment and the supplier has not previously named this person or institution to the customer.
7.5 Alpine Dreams e.U. the customer first via email that the goods he ordered are ready for collection. After receiving this email, the customer can, after consultation with Alpine Dreams e.U. Pick up at the location of the producer. In this case, no shipping costs will be charged.
7.6 The delivery time may vary from the delivery times specified in the ordering process, especially for large orders above the maximum quantities displayed in the web shop.
8) Reservation of ownership
8.1 Alpine Dreams e.U. until the full payment of the purchase price owed, ownership of the delivered goods.
8.2 Alpine Dreams e.U. until the complete settlement of all claims from an ongoing business relationship before ownership of the delivered goods.
8.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the supplier in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the receivables even after the assignment. Alpine Dreams e.U.'s authority to collect the claims itself remains unaffected. Alpine Dreams e.U. However, the claims will not be collected as long as the customer meets its payment obligations Alpine Dreams e.U. meets, does not fall into arrears with payment and has not filed for bankruptcy.
In the event of defects, the provisions of the statutory warranty apply. Deviating from this applies:
9.1 For entrepreneurs
a. an insignificant defect does not fundamentally constitute warranty claims;
b. Alpine Dreams e.U. the choice of the type of remedy;
c. The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
9.2 If the customer acts as a consumer, he is asked to complain to the delivery agent about delivered goods with obvious transport damage and Alpine Dreams e.U. to be informed of this. If the customer does not comply with this, this has no effect on his legal or contractual warranty claims.
Alpine Dreams e.U. is liable to the customer from all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
10.1. Alpine Dreams e.U. is fully liable for any legal reason
• in the event of intent or gross negligence,
• in the event of willful or negligent injury to life, limb or health.
10.2. Injured Alpine Dreams e.U. negligent an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability according to the above paragraph.
10.3. Incidentally, Alpine Dreams e.U. locked out.
11) Customer service
11.1 Before, during and after the purchase is processed, Alpine Dreams e.U. at the email address firstname.lastname@example.org available to the customer. Telephone inquiries will be answered within 24 hours at the telephone number below.
12) Obligation to cooperate
12.1 Required third-party permits, reports to authorities, obtaining permits, the customer (client) must arrange on time and independently and at his own expense. Furthermore, the customer must check whether the goods to be delivered or the service to be performed are in compliance with the applicable legal provisions.
12.2 If the customer fails to check or obtain the necessary permits, Alpine Dreams e.U. not for the resulting damage or delays in execution and is also entitled to request additional costs and expenses from the delay caused by the customer. If the customer is a consumer, the applicability of the provision of § 1168a ABGB remains unaffected.
13) Applicable law / place of jurisdiction
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the UN Sales Convention. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is domiciled.
If the customer is an entrepreneur within the meaning of section 1.2, the exclusive place of jurisdiction is the place of business of Alpine Dreams e.U. agreed. For both actions by the entrepreneur against the consumer and actions by the consumer against the entrepreneur, the place of jurisdiction is at the consumer's place of residence if the consumer is resident in the EU but not in Austria. If the consumer is domiciled or habitually resident in Austria, he can only be sued in the court where the domicile or habitual residence is located; In this case, the entrepreneur can only be sued by the customer at his place of business, unless another place of jurisdiction is provided by law.
Contact: Alpine Dreams e.U. Trade in Austrian stone pine products Gerhard Schönbacher Guldinweg 44/6, 8055 Graz, Austria Email: email@example.com Telephone: +43/699 1254 4741 www.alpine-dreams.com