General terms and conditions
General Terms and Conditions of SPEZERIA OG
valid from 01.01.2023
1. SCOPE
2. OFFERS AND SERVICE DESCRIPTIONS
3. ORDER PROCESS AND CONCLUSION OF CONTRACT
4. PRICES AND SHIPPING COSTS
5. DELIVERY, AVAILABILITY OF GOODS
6. PAYMENT MODALITIES
7. RESERVATION OF OWNERSHIP
8. WARRANTY FOR DEFECTS AND GUARANTEE
9. LIABILITY
10. STORAGE OF THE TEXT OF THE CONTRACT
11. PLACE OF PERFORMANCE AND JURISDICTION
12. FINAL PROVISIONS
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Scope
1.1. For the business relationship between SPEZERIA OG, Brandstattweg 2, 6273 Ried im Zillertal (hereinafter referred to as “SELLER”) and the CUSTOMER (hereinafter referred to as “CUSTOMER”) (also for all future business), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service for questions, ambiguities, complaints and claims on weekdays from 09:00 to 14:00 under the mobile number
+43 676/4018183 and by e-mail at office@spezeria.at.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity. By placing an order, the client accepts these conditions. Offers, deliveries and services of the Contractor shall be made exclusively on the basis of these General Terms and Conditions. -
Offer service descriptions
2.1. The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services such as prices, drawings, illustrations, dimensions, weights, etc. in catalogs as well as on the SELLER’s websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last”, unless otherwise expressly stated with the products. In all other respects, errors are excepted.
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Order process and contract conclusion
3.1. The CUSTOMER can select products from the SELLER’s assortment without obligation and collect them in a so-called shopping cart by clicking the button “add to cart”. Within the shopping cart the product selection can be changed, e.g. deleted. Subsequently, the CUSTOMER can proceed to the completion of the order process within the shopping cart by clicking on the button “Proceed to checkout”.
3.2. By clicking on the button “Order subject to payment”, the CUSTOMER submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the CUSTOMER can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3. The SELLER then sends the CUSTOMER an automatic confirmation of receipt by e-mail, in which the CUSTOMER’s order is listed again and which the CUSTOMER can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the CUSTOMER’s order has been received by the SELLER and does not constitute acceptance of the application. The purchase contract is only concluded when the SELLER has shipped or handed over the ordered product to the CUSTOMER within 5 working days or has confirmed the shipment to the CUSTOMER within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4. If the SELLER allows payment in advance, the contract is concluded with the provision of the bank data and request for payment. If, despite the due date, payment is not made even after a renewed request by a date of
If the SELLER does not receive the order confirmation within 10 calendar days after sending it, the SELLER will withdraw from the contract with the consequence that the order is invalid and the SELLER has no obligation to deliver. The order is then completed for the CUSTOMER and the SELLER without further consequences. A reservation of the article in case of advance payment is therefore made for a maximum of 10 calendar days. -
Prices and shipping costs
4.1. All prices stated on the SELLER’s website are inclusive of the applicable statutory value added tax.
4.2. In addition to the stated prices, the SELLER charges shipping costs for delivery. The shipping costs will be clearly communicated to the CUSTOMER on a separate information page and during the ordering process. -
Delivery, availability of goods
5.1. If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the fault of the CUSTOMER despite three attempts of delivery, the SELLER may withdraw from the contract. Any payments made will be refunded to the CUSTOMER without delay.
5.3. If the ordered product is not available because the SELLER is not supplied with this product by its supplier through no fault of its own, the SELLER may withdraw from the contract. In this case, the SELLER will immediately inform the CUSTOMER and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the CUSTOMER does not wish a comparable product to be delivered, the SELLER shall immediately reimburse the CUSTOMER for any consideration already paid.
5.4. CUSTOMERS will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5. Unless a fixed date is expressly agreed in writing, performance deadlines are always non-binding. Liability for damages and withdrawal from the contract due to delayed performance is therefore excluded. In particular, the SELLER shall not be liable for delays in delivery through no fault of its own (force majeure, pandemic, wars, etc.).
5.6. If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure involving personal identity and age verification. The deliverer hands over the goods only after age verification and only to the customer personally. -
Payment modalities
6.1. The CUSTOMER may choose from the available payment methods within the scope of and before the completion of the ordering process. The CUSTOMER will be informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
6.4. If the due date of payment is determined according to the calendar, the CUSTOMER shall already be in default by missing the deadline. In this case, the CUSTOMER shall pay the statutory interest on arrears.
6.5. The obligation of the CUSTOMER to pay interest on arrears does not preclude the SELLER from claiming further damages for delay.
6.6. The CUSTOMER shall only be entitled to set-off if his counterclaims have been legally established or acknowledged by the SELLER. The CUSTOMER may exercise a right of retention only insofar as the claims result from the same contractual relationship. -
Retention of title
7.1. Until full payment, the delivered goods remain the property of the SELLER.
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Warranty for material defects and guarantee
8.1. The warranty is determined according to legal regulations.
8.2. A guarantee exists for the goods delivered by the SELLER only if this has been expressly given in writing. The CUSTOMER will be informed about the warranty conditions before initiating the order process. -
Liability
9.1. The following exclusions and limitations of liability shall apply to the SELLER’s liability for damages, without prejudice to the other statutory prerequisites for claims.
9.2. The SELLER shall only be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. The SELLER shall not be liable for slightly negligent breaches of essential obligations, the breach of which does not jeopardize the achievement of the purpose of the contract, or for breaches of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the CUSTOMER regularly relies.
9.4. Insofar as the SELLER’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. -
Storage of the contract text
10.1. The CUSTOMER may print out the text of the contract before submitting the order to the SELLER by using the print function of his browser in the last step of the order.
10.2. The SELLER will also send the CUSTOMER an order confirmation with all order data to the e-mail address provided by the CUSTOMER. With the order confirmation, but no later than upon delivery of the goods, the CUSTOMER shall also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If the CUSTOMER has registered in the store, the CUSTOMER can view his placed orders in his profile area. In addition, the SELLER stores the text of the contract, but does not make it accessible on the Internet. -
Place of performance and jurisdiction
11.1. The place of performance is the registered office of SPEZERIA OG. All disputes arising from this contract shall be settled by the competent court having jurisdiction over the SELLER’s registered office.
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Final provisions
12.1. All amendments and additions to these General Terms and Conditions must be made in writing. This also applies to the waiver of the written form requirement.
12.2. These Terms and Conditions and the entire legal relationship between the CUSTOMER and the SELLER shall be governed by Austrian law.
12.3. It is noted that slight variations such as color,etc. from the advertising image or sample exhibit are possible, because they are natural products.
12.4. Contract language is German.
12.5. European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. The SELLER is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.