Standard Business Terms SBT
GENERAL TERMS AND CONDITIONS AGRISAN NATURPRODUKTE GMBH
1. Your cancellation rights:
We are legally bound to inform you of your cancellation rights before you purchase any goods from us. This right of cancellation is only valid for private customers, i.e. every natural person entering a business relationship with the ultimate aim of using the goods purchased neither for commercial nor self-employed use. The contract is considered legally binding upon receipt of a confirmation of order presented on a permanent data medium (by e-mail, fax or letter). We request that these consumer protection rules are understood in the sense of a mutual partnership.
2. Cancellation Rights:
Cancellation rights for customers, who are covered in the sense of consumer protection regulations, are valid within a period of 7 working-days starting with the receipt of the item ordered under a contract governed by the distance selling act (or a contract declaration agreed under the regulations of the distance selling act). It is sufficient to submit a declaration of withdrawal (in written form) within this period whereby Saturdays do not count as working-days.
In case of cancellation a full or partial refund of the purchase price will take place step by step against return of the items received by the purchaser. The customer is bound to bear the costs for return consignments.
The goods returned should be unused and in a saleable as new condition. They are to be returned in the original packing. Should the value of any items returned be reduced by the item showing signs of use or damaged packing, we are entitled to seek reasonable recompense for the reduction in value. The latter also applies for goods returned with missing parts or accessories.
Please ensure that identification of the return consignment can be identified, e.g. by enclosure of the invoice.
Our offers are not legally-binding. The contract only becomes valid by our submitting a written (e-mail or fax) confirmation of order. During the order procedure you have the possibility of altering the details or changing any initial errors.
4. Order Procedures:
by order form (fax or post) Telephone or E-Mail respectively E-Mail-Form.
5. Delivery Times:
As a rule dispatch will be made within 2 to 7 working-days after receipt of your order. We always strive to have all items on offer readily available. Should however any item on order not be available immediately, you will receive notice together with our confirmation of order of the estimated time of delivery.
Should we not be in the position to supply you within 2 weeks, you are of course entitled to cancel your contract.
All prices specified by us are to be understood as being in Euros, including the current legal Value Added Tax and all other duties.
The Value Added Tax will be shown as a separate position on the invoice. The prices at the time of ordering are valid.
Any eventual forwarding and collection charges will be shown separately in the invoice.
7. Forwarding Charges:
From an order value onwards of € 100,00 for supplies within Austria and Germany no forwarding charges will be invoiced. For orders under € 100,00 a forwarding charge of € 7,20 will be invoiced.
Costs of packing will not be charged.
8. Terms of Payment:
Deliveries within Austria are either against pre-payment or against cash on delivery. Deliveries to Germany are exclusively against pre-payment.
After receipt of your order you will receive an e-mail with details of our banking account, subsequently you can transfer the sum for the goods on order. As a rule we dispatch the goods to you within 2 days after confirmation of receipt of payment.
Bank Charges are at the cost of the customer – by stating the so-called IBAN CODE and the SWIFT CODE you can reduce your bank charge to a minimum (that is if your bank has any transaction charge).
Payment against cash on delivery is only possible in Austria, a sum of € 7,00 will be charged.
Customer payments are only considered as accepted from the time of receipt to our business account
Account Owner: Agrisan Naturprodukte GmbH.
Account No: 65839 BLZ: 35029
IBAN: AT16 3502 9000 0006 5839
9. Transport Damage:
The purchaser is obliged to inspect the items delivered immediately after receipt and to report any defects and incorrect deliveries immediately after their discovery (at least 48 hours after receipt of the delivery) either by e-mail or fax.
Visible damage to the delivery must be immediately reporter to the forwarding agent, otherwise such damages cannot be considered.
10. Retention of Title:
The goods remain our property until full payment has been made.
Compensation claims for cases of minor negligence are excluded. This is not valid for injuries to persons or damage to the items taken over for working unless the latter was negotiated in detail.
12. Product Liability :
Any possible recourse claims from the contract partner or third parties under the regulations of “Product Liability” in the sense of the Product Liability Act against us are excluded, unless the claimant can prove, that the fault lies within our sphere of operation and that we were to blame for at least gross negligence.
Apart from those cases, in which by law the right to exchange exists we reserve the right to fulfil any warranty claim in accordance with our choice of either improvement, exchange or reduction in price.
The purchaser is always obliged to prove that the fault already existed at the time of delivery.
The period of warranty for our products is 24 months.
14. Repair Service:
We always strive to satisfy you even after your purchase. Many problems can be solved with a telephone call. Should however at any time a repair job become necessary, we pledge to carry out the repair work – quickly and professionally.
15. Place of Jurisdiction:
The place of jurisdiction both for our services as well as those of our customers is the seat of our company.
Should the final consumer not be a resident of the European Union the seat of our company will be accepted as the place of jurisdiction.
With regard to final consumers within the European Union the right of place of jurisdiction the domicile of the final consumer can be applicable, in as much that compelling regulations of consumer rights are applicable.
16. Applicable Law :
This contract is governed by the legal material rights of Austria. Should the partner to this contract be the consumer and the conditions stipulated under Art. 5, Para 2 of the European debt contract convention (EVÜ) do not apply, but a case of Art 5, Para 4 in connection with Para. 5 EVÜ is applicable the choice of jurisdiction does not conclude that the consumer who is governed by the compelling legal rights of the state in which he has his official residence loses the thereby guaranteed legal protection.
17. Final Clause:
Should any single provision under this contract be ineffective the agreed contract remains in all other aspects valid. Any ineffective clause under the agreed contract is to be replaced by an effective clause, which is closest to the desired provision.
18. Fair Trading:
Should any differences arise we will do everything possible to reach a customer-friendly solution and to reimburse your banking account with the balance amount in question as soon as possible.
AGRISAN NATURPRODUKTE GMBH
A- 5400 Hallein
Your contact persons:
Christine Thurner, Lukas Thurner