General Terms and Conditions (Vimanos GmbH) & Right of withdrawal

1. Scope of Application
2. Conclusion of contract
3. Price and Delivery Costs
4. Shipment and Availability
5. Payment methods
6. Reservation of Proprietary Rights
7. Liability
8. Right of withdrawal
9. Exclusion from withdrawal

10. Law, Jurisdication & Language
11. Reshipments / Returns
12. Storage of the contract text
13. Privacy

 

1. Scope of Application

1.1. These Terms and Conditions of the company Vimanos GmbH, Tschütsch 7, A-6833 Klaus (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as “Client”)  and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s  own conditions is herewith objected to, unless other terms have been stipulated.

1.2. A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

2. Conclusion of contract

2.1. The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2. The Client may submit the offer by the online order form integrated into the Seller’s online shop. In doing so, after having entered his personal data and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3. The Seller may accept the Client’s offer within five days

- by transferring a written order confirmation or an order conformation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or

- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or

- by requesting the Client to pay after he/she placed his/her order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4.  If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract. 

3. Price and Delivery Costs

3.1. Prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

3.2. Shipping within Europe is free. For shipping to countries outside of Europe we charge 5.90 € per order. Shipping fees include packing and postage. However countries outside of Europe may have different requirements for importing the tea. We are not liable for any additional taxes, duties or surcharges that you may have to pay upon delivery to your country. We suggest checking with local authorities before placing your order.

4. Shipment and Availability

4.1.Our obligation to deliver shall cease to apply, where we ourselves, despite having concluded a congruent hedging transaction in due form, have received incorrect and untimely delivery and we are not responsible for the lack of availability, and where we have notified the customer without delay and have not accepted a procurement risk. In the event of non-availability of the goods we shall reimburse any pre-payment without delay.

4.2. In the event that the delivery period is adversely affected by circumstances caused by force majeure it shall be extended by a commensurate period. Force majeure includes strikes, lock-outs, administrative intervention, scarcity of energy and raw materials, transport bottlenecks and operational hindrances, for which we are not responsible, for example due to fire, water and machine damage and all other hindrances, which, if considered objectively, have not been caused by us. The start and end of hindrances of this type shall be notified to the customer without delay. If the hindrance in providing the service in the foregoing cases exists for longer than 4 weeks, the customer shall be entitled to withdraw from the contract. Further claims, in particular, claims for damages shall be deemed not to exist in this case.

5. Payment methods

5.1. Payment can be made using one of the methods mentioned in the Seller’s online shop.

5.2. Goods shall not be delivered until the total payment amount has been credited to our account. If, despite being in default of payment even after receipt of a payment reminder (which is usually sent 14 days after the despatch of the Confirmation e-mail), you have not made payment within three weeks of the despatch of the Confirmation e-mail, we shall be entitled to withdraw from the contract with the consequence that your order becomes invalid and we shall not be obliged to supply the goods. In this case the order is deemed to have been fulfilled on both sides without further consequences.

6. Reservation of Proprietary Rights

6.1. The Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.

7. Liability

7.1. The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:

7.2. The Seller shall face unlimited liability

- in case of intent or gross negligence

- in case of injuries of life, body or health resulting from intent or negligence

– in case of
a promise of guarantee, unless otherwise provided


– in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.  

7.3. Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage,
unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet
the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.

7.4. For the rest the Seller’s liability is excluded.

7.5. The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.

8. Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us

Vimanos GmbH, Tschütsch 7, 6833 Klaus, AUSTRIA

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.  

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.   We won´t bear the cost of returning the goods.

Withdrawal-form:

To Vimanos GmbH
Tschütsch 7
6833 Klaus
AUSTRIA

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date

—————————————

(*) Delete as appropriate.


9. Exclusion from withdrawal

9.1. The customer is not allowed to apply a right of withdrawal to goods that have been delivered sealed and now are unsealed and not suitable to return for reasons of health or hygiene.

10. Law, Jurisdication & Language

10.1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by Austrian law to the exclusion of the UN Sales Convention.

10.2. The contractual language is English.

11. Reshipments / Returns

11.1. All returns and a one-off exchange of goods ordered shall be postage paid.

11.2. Sealed packagings that have been opened, can not be withdrawn.

12. Storage of the contract text

12.1. The seller stores the contract text of the order. The Terms and Conditions are available online. The customer can print out the text of the contract prior to the delivery of the order by using the print function of their browser in the last step of the order.

12.2. The customer receives an order confirmation with all order data via e-mail. Furthermore, the customer receives a copy of the Terms and Conditions with his order.

13. Privacy

13.1. See Privacy Policy