General Terms and Conditions
Please read our general terms and conditions carefully (status quo September 2016):
1. Contractual object
The following GTC apply to orders and delivery of products ordered by means of online shopping on the internet via www.erdbeerwoche-shop.com and form an integral part of each purchase agreement concluded between a customer as buyer (hereafter referred to as “customer”) and erdbeerwoche as seller. In order to be valid, deviations from these general terms and conditions must be agreed in writing. In the event individual provisions of these general sales terms are fully or partially invalid, the validity of the remaining provisions or the remaining parts of such provisions shall not be affected.
2. Exclusive application of the GTC
The following GTC shall exclusively apply within the framework of these services.
3. Contractual partner/customer service
The contractual agreement is made with erdbeerwoche GmbH. For further information about us please see the Disclaimer. If you have any questions, please contact our customer service Monday to Friday from 9am to 5pm at info@erdbeerwoche.com or by phone +436508431400 or +4365033267.
4. Conclusion of the contract
By clicking the order button “Order for a fee” you place a binding order for the goods in the basket. Confirmation of receipt of the order takes place together with acceptance of the order immediately after sending by an automated email. The purchase agreement is concluded upon delivery of the goods.
5. Termination of order
You can amend your order any time by means of the delete key prior to placing the order. You can also end the order process any time by closing the browser window.
6. Prices
• All prices are quoted in EURO and at the time of placing the order.
• Our prices are quoted incl. value added tax plus shipping costs. For customers living outside the EU (e.g. Switzerland), no VAT is included. Nevertheless, all non-EU customers have to pay for possible import taxes or other taxes. Shipping costs to Austria and Germany are € 5.90. Shipping is free from € 50.00 to these countries. Shipping costs to Switzerland are € 12.90. Shipping to the following countries is €8.90: Italy, Belgium, Netherlands, Luxemburg, Czech Republic, Slovakia, Slovenia, Hungary.
• All prices, including the flat rate for shipping, apply at the time of placing the order. Via updates of erdbeerwoche’s internet pages all prior prices and other information about goods become invalid.
7. Delivery
For further information about the delivery please see also here:
7.1. Delivery is made ex-warehouse to the following countries: Austria, Germany, Switzerland, Italy, Belgium, Netherlands, Luxemburg, Czech Republic, Slovakia, Slovenia, Hungary.. Unless otherwise stated in the offer, orders are shipped within 1-3 work days after receipt of payment (in any event within the statutory time limit of 30 days). All deliveries are made via the Austrian Post and DHL in Germany.
7.2 In the unexpected event a product ordered by a customer is not available, despite timely arrangements, for reasons beyond erdbeerwoche’s control, erdbeerwoche will notify the customer immediately about the product not being available and, in the event of a cancellation, refund the customer immediately for any payments made.
7.3 In the event of delays of a delivery due to reasons beyond erdbeerwoche’s control (force majeure, third party’s fault, etc.) the deadline will be adjusted accordingly.
7.4 In the event of a default of acceptance by the customer we are entitled to withdraw from the contract and to demand and keep the costs arisen in connection with the default of acceptance.
7.5 Additional costs may arise for deliveries to countries outside the European Union (e.g. Switzerland); these costs will not be borne by erdbeerwoche but by the customer. These are for example costs for money transfers by financial institutions (e.g. transfer fees, foreign exchange fees) as well as import fees and taxes and tariffs. These costs may also arise with regards to money transfers in the event deliveries are not made to a country outside the European Union, if the customer, however, makes payment from a country outside the European Union.
8. Retention of title
erdbeerwoche retains the title to the ordered products until the purchase price has been paid in full by the customer.
9. Payment
Payment is made in advance, by PayPal, instant transfer or credit card.
Payment in advance is made to the following bank details: Raiffeisenbank Passail BIC: RZSTAT2G282 IBAN: AT28 3828 2000 0202 0204
If payment is made via PayPal, the goods will be delivered after payment confirmation by PayPal.
Credit Card & Instant Transfer: If payment is made by credit card (Visa- or Mastercard) or instant transfer, delivery of the goods is also made after receipt of payment. Attention: Instant transfer only works for the following countries: Austria, Germany, Belgium, Italy, Netherlands, Slovakia
10. Shipping costs
Shipping costs are shown separately.
Delivery to Austria and Germany: There is no minimum order value. Shipping costs are € 5.90 up to 40 products incl. From 41 products upwards the shipping costs will be recalculated and disclosed upon request. Free Shipping from € 50.00 to Austria and Germany.
Delivery to Italy, Belgium, Netherlands, Luxemburg, Czech Republic, Slovakia, Slovenia, Hungary: There is no minimum order value. Shipping costs are € 5.90 up to 40 products incl. From 41 products upwards the shipping costs will be recalculated and disclosed upon request.
Delivery to Switzerland: There is no minimum order value. Shipping costs are € 12.90 up to 40 products incl. From 41 products upwards the shipping costs will be recalculated and disclosed upon request.
11. Collection by the customer
We only deliver by way of shipping. Collection of the goods by the customer is possible in exceptional cases and after prior enquiry at info(at)erdbeerwoche.com only.
12. Right of cancellation, withdrawal and returns
Right of withdrawal
Customers from EU countries are entitled to withdraw from this agreement within fourteen days without providing reasons. Customers from Switzerland are excluded from the right of withdrawal.
The right of withdrawal will expire fourteen days from the day on which you or a third party named by you other than the carrier have or has taken possession of the last goods. In order to exercise your right of withdrawal you must notify us at erdbeerwoche GmbH Lindengasse 56, Top 18-19 1070 Vienna, Austria Tel.: 0043 650 333 12 67 by means of a clear statement (i.e. a letter sent by post, email) about your decision to withdraw from this agreement.
The withdrawal form is attached to your order confirmation or available on our website for electronic completion and transmission to us. If you use this method of completing the form, we will immediately send you a confirmation of receipt of such a withdrawal (for example by email). In order to uphold the right of withdrawal, it is sufficient to send the notice that you are exercising your right of withdrawal prior to expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this agreement, we must refund all payments received from you, including delivery costs (with the exception of additional costs resulting from the fact that you chose a method of delivery other than the cheapest standard delivery offered by us), immediately and within fourteen days from the day we received the notice concerning your withdrawal from this contact, at the latest. For this refund we will use the same means of payment used by you for the original transaction, unless another type of refund was expressly agreed with you; under no circumstances will we charge a fee for these refunds. We are entitled to refuse a refund until we get the goods back or you provide us with proof that you have returned the goods, whichever happens earlier. You must return or present the goods to us immediately and in any event within fourteen days from the day you notified us of the withdrawal of this agreement at the latest:
Address for returns from EU countries:
erdbeerwoche GmbH Annemarie Harant Nussdorfer Lände 41| 55 A-1190 Vienna
The deadline is met if you send the goods prior to expiry of of the deadline of fourteen days. You shall bear the immediate costs for the return of the goods. You are only responsible to pay for loss in value of the goods if said loss in value is due to the fact that you handled the goods in a way that was not necessary for inspection of the quality, characteristics and functionality of the goods.
Note regarding the NON-existence of the right of withdrawal: For delivery of hygiene products the right of withdrawal ends when the customer opens the sealed packaging. If articles are impaired by signs of wear, we will charge a respective fee for the reduction in value. The same applies if attachments or parts are missing upon return of the goods.
13. Offsetting
You are only entitled to offset your counter claims if these have been legally established or are uncontested or have been acknowledged by us in writing.
14. Warranty terms
Customers’ claims against erdbeerwoche in the event of defects depend on the legal provisions within the statutory time limits, unless deviations result from the following regulations. Damages caused by the customer’s incorrect measures or measures in breach of the contract in the course of handling or storage, do not constitute a claim against erdbeerwoche. The incorrectness and breach of contract is determined by the manufacturer’s or erdbeerwoche’s specifications, in particular. In the event of obvious defects and transport damages, the customer is asked to notify erdbeerwoche immediately of these defects.
15. Vouchers and Discount Codes
You can order vouchers at the erdbeerwoche online shop. These will be sent by email after receipt of payment in full and are redeemable at the erdbeerwoche online shop only. Shipping costs of vouchers are not considered. Discount codes sent by mail or email are only valid until the respective expiry date. Only one discount code may be redeemed per order. Cash settlement of vouchers or discount codes is not possible.
16. Data Protection
For information on data protection please see here.
17. Links to other websites
To the extent that we refer or provide links to third party websites on our website, we cannot accept any warranty or liability for the correctness or completeness of the contents and data security of these websites. As we do not have any influence on compliance with data protection regulations by third parties, you should examine the respective privacy statements separately.
18. Newsletter
With your consent we will use your email address for sending you our newsletter. You can cancel our newsletter at any time by contacting the email address stated in the disclaimer. We will confirm your cancellation of the newsletter by email.
19. Final provisions
In the event one or several of the provisions of these GTC is / are ineffective, this does not entail the invalidity of the entire agreement. The ineffective provision will be replaced by the relevant statutory provision. German is the contractual, order and business language.
19.1 Any disputes shall be settled by the competent court at the contractor’s registered office.
19.2 Austrian substantive law applies. The application of the UN sales convention shall be excluded.
19.3 With regards to all claims brought against consumers having their place of residence, habitual domicile or place of employment in Austria, due to disputes arising from this agreement, the competent court shall be one of the courts of the district where the consumer has his / her place of residence, habitual domicile or place of employment.
Information on data protection
Information on shipping costs
Link to the EU-Commission’s platform for out-of-court online dispute resolution (so-called ODR-platform): http://ec.europa.eu/odr
Status quo: September 2016
