T&Cs – General Terms and Conditions with Customer Information
General terms and conditions of LE O-Lavender Essential Oils, Mürzsteg eU (owner of www.soavo-skincare.com). These terms and conditions are valid from June 1st, 2018.
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of LEO (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Offer, conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or 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 receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.5 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.
4. Price and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are prices that include statutory sales tax. Any additional delivery and shipping costs that may arise will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If you choose to pay by invoice, the purchase price must be paid to the seller without deduction within 14 (fourteen) days of receiving the invoice. The seller reserves the right to only offer the payment method of purchase by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online shop.
5. Delivery and shipping conditions
5.1 The delivery of goods will be made by shipping to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the transport company returns the goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6. Retention of title
6.1 The Seller reserves title to the goods delivered to consumers until the purchase price owed has been paid in full.
6.2 The Seller reserves title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.
7. Copyright
The customer acknowledges that the products we sell are protected by trademark and copyright. Samples, catalogs, brochures, illustrations and the like always remain our intellectual property; the customer does not receive any rights of use or exploitation whatsoever.
8. Warranty
We guarantee that the products have the agreed quality and are free from material defects at the time of delivery. The goods are suitable for the uses stipulated in the contract and have the quality that is usual for products of the same type. Apart from those cases in which the right to conversion is granted by law, we reserve the right to fulfill the warranty claim at our discretion by improvement, exchange or price reduction. This does not apply to consumer transactions. If the transaction is not a consumer transaction, the customer must always prove that the defect was already present at the time of delivery. The goods must therefore be inspected immediately after delivery. Any defects discovered must also be reported to the seller immediately, but no later than eight days after delivery, stating the type and extent of the defect. Hidden defects must be reported immediately after they are discovered. If a complaint about defects is not made or is not made in a timely manner, the goods are deemed to have been approved. The assertion of warranty or compensation claims, including consequential damages, as well as the right to challenge errors due to defects, are excluded in these cases.
We would like to point out that our products are made by hand from natural materials. The products therefore vary in shape, color, weight, smell and design. Complaints regarding these properties are therefore excluded. LEO does not guarantee the properties of the products unless the guarantee is made expressly. LEO is only liable for damage to the goods themselves. In particular, the purchaser is only entitled to claims for damages due to any consequential damage if an expressly guaranteed property does not exist and the guarantee was intended to exclude the risk of consequential damage. Further claims by the purchaser - regardless of the legal basis - are excluded.
9. Damages, product liability
Claims for damages in cases of slight negligence are excluded. This does not apply to personal injuries or damage to items taken in for processing, unless the latter was negotiated in detail. Any claims for recourse made against us by contractual partners or third parties on the grounds of "product liability" within the meaning of the Product Liability Act are excluded unless the party entitled to recourse proves that the error was caused in our sphere of influence and was at least due to gross negligence.
10. Applicable law
The law of the Federal Republic of Austria shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
11. Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside Austria, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to take legal action before the court at the customer's place of business.
12. Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.