GENERAL TERMS AND CONDITIONS (GTC) OF Tea & Co Handelsges.m.b.H. FOR THE SALE OF GOODS IN THE ONLINE SHOP
- 1 Scope of application
The business relationship between Tea & Co Handelsges.m.b.H. (hereinafter referred to as "Tea & Co") and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. If the customer refers to (its own) general terms and conditions, these shall only become part of the contract if Tea & Co expressly agrees to the validity of the customer's general terms and conditions in writing. The customer accepts the following rules as an integral part of the contract, also for future orders in the online store.
- 2 Contractual partner
The customer's contractual partner is
Tea & Co Handelsges.m.b.H.
Griesgasse 7, 5020 SalzburgFN 33854 k
- 3 Conclusion of contract
The products presented by Tea & Co in the online store are to be understood as an invitation to the customer to submit an offer. The customer's order constitutes an offer to Tea & Co to conclude a purchase contract. Tea & Co is entitled to reject offers without giving reasons or to attach certain conditions (e.g. purchase of a minimum quantity/payment of a minimum price). The customer will be informed of this immediately. If Tea & Co does not respond to an order, this does not constitute acceptance of the customer's offer to conclude a contract.
The customer's order is confirmed by delivery of the goods and/or by sending an order confirmation by e-mail, with which the contract is deemed to have been legally concluded. If ordered goods are not included in the order confirmation and are not actually dispatched, these goods shall be deemed not to be included in the purchase contract and no contract shall be concluded in this respect. All orders will be processed by Tea & Co as quickly as possible. If, for reasons for which Tea & Co is not responsible, it is not possible to send goods to the customer, the customer will be informed of this by e-mail.
- 4 User account
The customer has the option of placing orders either as a guest or after creating a user account. If the customer creates a user account, they must ensure that the data they enter and the information they provide is correct and complete. He declares that he is authorized to dispose of this data. Tea & Co assumes no responsibility for the accuracy and completeness of the data transmitted by the customer and for ensuring that the data storage does not infringe the rights of third parties. The customer declares to indemnify and hold Tea & Co completely harmless in this respect.
The customer has no legal entitlement to use the online store and for it to function properly at all times. He cannot derive any claims for compensation from an order that is not processed or is processed late. The provision of the online store is a non-binding service provided by Tea & Co that can be revoked at any time.
- 5 Right of withdrawal
If the customer is a consumer within the meaning of Directive 2011/83/EU, the customer has the right to withdraw from the contract in accordance with the following provisions:
- The customer may withdraw from the contract within 14 days without giving reasons. The withdrawal period is 14 days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods. Saturdays, Sundays and public holidays are included in the calculation of the period.
- In order to exercise the right of withdrawal, the customer must inform Tea & Co of their decision to withdraw from the contract by means of a clear statement, either verbally at the same time as returning the ordered goods in any Tea & Co store or in writing. The customer may use the model withdrawal form provided on the website, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
- If the customer withdraws from the contract, all payments made to Tea & Co, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by Tea & Co ) will be refunded within 14 days from the day on which Tea & Co receives notification of the withdrawal from the contract. The same means of payment used for the original transaction will be used for this refund, unless expressly agreed otherwise with the customer. Under no circumstances will the customer be charged any fees for this repayment.
- Tea & Co may refuse repayment if the goods have not actually been returned and the customer has not provided proof that they have returned the goods. The customer must return or hand over the goods to Tea & Co immediately and in any case within 14 days at the latest from the day on which he informed Tea & Co of the revocation of the contract. The deadline is met if the customer sends the goods before the 14-day period has expired. The return costs in the event of withdrawal shall be borne by Tea & Co.
- The customer shall be liable for any loss in value of the goods if this is due to handling by the customer that is not necessary to check the condition, properties and functionality of the goods.
- There is no right of withdrawal for goods that have been manufactured according to customer specifications and tailored to the personal needs of the customer.
- 6 Sample withdrawal form
Revocation declarations can either be made verbally at the same time as the ordered goods are returned to the Tea & Co branch or must be sent in writing to this address:
Tea & Co Handelsges.m.b.H.
Griesgasse 7, 5020 Salzburg
E-mail: office@tee.co.at
Returns of goods and goods returned as a result of a withdrawal must also be sent to this address.
- 7 Delivery
The ordered goods will be delivered either to the domestic address provided by the customer or to the customer's Tea & Co branch for collection. The delivery of the ordered products to the address specified by the customer is carried out by a delivery partner of Tea & Co, whereby only one delivery attempt is made and the goods are then available for collection at the location specified in the deposit confirmation until the expiry of the collection period. The risk of loss or damage to the goods is transferred to the customer when the goods are delivered to the customer, to a third party designated by the customer or to the depository. A flat-rate shipping fee of EUR 7.90 shall be charged per order, whereby the flat-rate shipping fee shall only be charged once if the goods are shipped in several stages for technical or logistical reasons. Tea & Co is free to withdraw from the contract if the goods are not collected by the customer from the depository within a period of 14 days. In this case, any purchase price already transferred to Tea & Co minus the shipping costs will be refunded to the customer.
- 8 Prices
The prices stated in the online store are inclusive of all taxes, whereby the customer cannot make any claims against Tea & Co due to an obvious typesetting or printing error. The delivery charge of EUR 7.90 will be added to the order. The customer undertakes to pay the purchase price in full when placing the order. In the case of purchase on account, the invoice amount must be paid within 14 days of receipt of the goods.
- 9 Offsetting
The customer may only offset its own claims if these claims have been established by a court or expressly recognized by Tea & Co.
- 10 Retention of title
The goods remain the property of Tea & Co. until all goods from the same order have been paid for in full.
- 11 Warranty and compensation
The customer undertakes to open the goods received immediately upon receipt and to check them for completeness and function/damage in order to ensure that they are handled properly and quickly. If there is a defect in the goods, Tea & Co shall first be obliged to rectify the defect and only then, if rectification of the defect is not possible or involves disproportionate effort, to deliver new, defect-free goods. No guarantee is expressly assumed; the defect must have already existed at the time of handover and must have been asserted in court within the statutory warranty period (two years from handover). The customer is obliged to prove the defectiveness of the goods at the time of delivery, unless it is a consumer transaction. In this case, the existence of the defect at the time of handover is presumed if it occurs within the first six months of handover. If it is not possible or disproportionate to remedy the defect or replace the goods, or if Tea & Co refuses to do so, the customer may, at its discretion, declare its withdrawal from the purchase contract or demand a reduction in the purchase price. Claims for damages against Tea & Co in connection with the use of this website and in connection with legal transactions are excluded, unless - in the case of consumer transactions - personal injury is involved or Tea & Co is not responsible for the damage due to willful intent or gross negligence. If the customer is an entrepreneur within the meaning of § 1 UGB, Tea & Co is only liable in the event of intentional damage.
- 12 Applicable law
The contracting parties expressly agree to the application of Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this does not conflict with any mandatory statutory provisions.
- 13 Place of jurisdiction
All disputes arising from the contractual relationship between the customer and Tea & Co shall be subject to the exclusive jurisdiction of the District Court of Villach.
- 14 Severability clause
If individual provisions of these GTC become ineffective, this shall not result in the ineffectiveness of the other provisions. The ineffective provision shall be replaced by the relevant statutory provisions themselves or shall be based on the mutual will of the parties.
- 15 Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Invoice: The payment period is [14] days from dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here: Germany, Finland, Great Britain, Netherlands, Norway, Austria, Sweden, Switzerland.
- Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments at the conditions specified in the checkout. The installment payment is due at the end of each month after Klarna has sent you a monthly invoice. Further information on installment purchases, including the general terms and conditions and the European standard information for consumer credit for the countries where this payment method is available, can be found here (only available in the countries indicated): Denmark, Germany, Finland, Great Britain, Norway, Austria, Sweden.
- Sofortüberweisung: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited immediately after placing the order.
- Direct debit: The amount will be debited after the goods have been dispatched. You will be informed of the date by e-mail.
- Credit card (Visa/Mastercard): Available in Germany. The amount will be debited after dispatch of the goods or tickets / availability of the service or, in the case of a subscription, according to the communicated times.
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy.
Questions about data protection?
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All prices include statutory VAT.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. Errors and omissions excepted. Unless otherwise stated, offers are valid while stocks last. Discounts are not valid on pre-orders.