General terms and conditions with customer information

Table of contents

1. Scope

2. Conclusion of contract

3. Right of Withdrawal

4. Prices and terms of payment

5. Terms of delivery and shipping

6. Retention of Title

7. Liability for Defects (Warranty)

8. Redeeming Promotional Vouchers

9. Redeeming Gift Certificates

10. Governing Law

11. Jurisdiction

12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of cultured 1991

OG (hereinafter "Seller"), apply to all contracts for the delivery of goods that a

Consumer or entrepreneur (hereinafter "customer") with the seller regarding

of the goods presented by the seller in his online shop. Hereby becomes

objected to the inclusion of the customer's own conditions, unless

something else has been agreed.

1.2 These terms and conditions apply to contracts for the delivery of vouchers, provided that

unless something different is regulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction

concludes for purposes that are predominantly neither their commercial nor their

can be attributed to self-employed professional activity.

1.4 Entrepreneur within the meaning of these GTC is a natural or legal person or

a partnership with legal capacity that, when concluding a legal transaction in

exercising their commercial or self-employed professional activity.

2) Conclusion of contract

2.1 Provide the product descriptions contained in the seller's online shop

do not represent binding offers on the part of the seller, but serve for submission

a binding offer by the customer.

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2.2 The customer can use the offer integrated in the seller's online shop

Submit online order form. In doing so, the customer returns after he has selected

Goods placed in the virtual shopping cart and the electronic ordering process

has gone through by clicking on the button that concludes the ordering process

legally binding contract offer in relation to the items contained in the shopping cart

goods off.

2.3 The seller can accept the customer's offer within five days,

- by sending the customer a written order confirmation or a

Confirmation of order 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, insofar as the receipt of the goods

is decisive for the customer, or

- by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract comes in the

Point in time at which one of the above alternatives occurs first. The deadline

acceptance of the offer begins on the day after the offer is sent

to run the customer and ends at the end of the fifth day, which is on the

Submission of the offer follows. The seller accepts the customer's offer inside

does not respond within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that

the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal,

Payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie,

S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), at

Validity of the PayPal terms of use, available at

https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer

does not have a PayPal account - subject to the terms and conditions for payments

without a PayPal account, can be viewed at

https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. The customer pays by means of

a payment method offered by PayPal that can be selected in the online ordering process,

the seller already declares acceptance of the customer's offer in the

Time at which the customer clicks on the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form

the text of the contract is saved by the seller and the customer after the conclusion of the contract

after sending his order in text form (e.g. e-mail, fax or letter)

transmitted. Any further access to the text of the contract by

the seller does not occur. If the customer before sending his order

has set up a user account in the seller's online shop, the order data

archived on the seller's website and can be accessed by the customer via his

password-protected user account specifying the corresponding login data

be accessed free of charge.

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2.6 Before the binding submission of the order via the online order formular of the Seller, the customer can possible input errors by carefully reading the

recognize information presented on the screen. An effective technical tool

for better recognition of input errors, the enlargement function of the

Browsers, with the help of which the display on the screen is enlarged. His

The customer can make entries as part of the electronic ordering process for as long as

correct the usual keyboard and mouse functions until he completes the ordering process

clicks the final button.

2.7 German and English are available for the conclusion of the contract

Disposal.

2.8 The order processing and contact usually takes place via e-mail and

automated order processing. The customer has to ensure that the

The e-mail address given for order processing is correct, so that under this

Address where emails sent by the seller can be received.

In particular, when using SPAM filters, the customer must ensure that all

by the seller or by a third party commissioned to process the order

sent e-mails can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the cancellation policy

of the seller.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description,

the prices quoted are total prices that are statutory

sales tax included. Any additional delivery and

Shipping costs are specified separately in the respective product description.

4.2 The payment option(s) will be given to the customer in the online shop of the

communicated to seller.

4.3 When selecting a payment method offered via the "Stripe" payment service

Payment is processed via the payment service provider Stripe Payments Europe

Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter

"Stripes"). The individual payment methods offered via Stripe are communicated to the customer in the

Notified seller's online shop. To process payments, Stripe

use other payment services for which special payment conditions may apply

apply, to which the customer may be referred separately. More information about

Stripe is available online at https://stripe.com/de.

4.4 If you select the credit card payment method via Stripe, the invoice amount is included

conclusion of the contract is due immediately. Payment is processed via the

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Payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand

Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to

Carry out a credit check and this payment method if the credit check is negative

to refuse.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will take place within

of the delivery area specified by the seller to that specified by the customer

Delivery address, unless otherwise agreed. When processing the transaction

the delivery address specified in the seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible,

the customer shall bear the reasonable costs incurred by the seller as a result. this

does not apply with regard to the costs for the delivery if the customer is

exercise the right of withdrawal effectively. For the return costs applies in the event of effective exercise

of the right of cancellation by the customer in the cancellation policy of the seller

regulation made for this purpose.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and

of the accidental deterioration of the goods sold to the customer as soon as the

Seller the thing to the forwarder, the carrier or otherwise to carry out the

shipment to a specific person or institution. Does the customer act as

Consumers, the risk of accidental loss and the accidental passes

Deterioration of the goods sold only occurs when the goods are handed over to the

customers or an authorized recipient. Deviating from this is the

Risk of accidental loss and accidental deterioration of the sold

Goods are already passed on to the customer even in the case of consumers as soon as the seller

Matter to the forwarder, the carrier or otherwise to carry out the shipment

delivered to a specific person or institution if the customer chose the carrier, the

carrier or the person otherwise responsible for carrying out the shipment or

Institution commissioned with the execution and the seller to the customer this person or

Institution has not previously named.

5.4 The seller reserves the right in case of incorrect or not

proper self-account eligibility to withdraw from the contract. This only applies to the

In the event that the seller is not responsible for the non-delivery and the latter due diligence, a specific hedging transaction has been concluded with the supplier

The seller will make all reasonable efforts to deliver the goods

procure. In the event of unavailability or only partial availability of the

goods, the customer will be informed immediately and the consideration immediately reimbursed.

5.5 If the seller offers the goods for collection, the customer can

Goods within the business hours specified by the seller under the

Pick up address provided by seller. In this case, no shipping costs

calculated.

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5.6 Vouchers are provided to the customer as follows:

- by email

6) Retention of title

If the seller pays in advance, he reserves the right until full payment of the

owed purchase price, ownership of the delivered goods.

7) Liability for Defects (Warranty)

7.1 Unless otherwise stated in the following regulations, the

Provisions of statutory liability for defects. Deviating from this applies to contracts for

Delivery of goods:

7.2 If the customer acts as an entrepreneur,

- the seller has the choice of the type of supplementary performance;

- In the case of new goods, the limitation period for defects is one year from the delivery of the goods

Would;

- are the rights and claims for defects in the case of used goods

locked out;

- the statute of limitations does not begin again if, within the scope of liability for defects,

Replacement delivery made.

7.3 The limitations of liability and shortened deadlines set out above apply

not

- for claims for damages and reimbursement of expenses by the customer,

- in the event that the seller has fraudulently concealed the defect,

- for goods which, in accordance with their normal use, are used for a building

have been used and have caused its defectiveness,

- for any existing obligation of the seller to provide

Updates for digital products, in the case of contracts for the supply of goods with

digital elements.

7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for

any existing legal right of recourse remain unaffected.

7.5 If the customer acts as a consumer, he is asked to take the delivered goods with him

Complaints about obvious transport damage to the deliverer and the seller

to be informed of this. If the customer does not comply, this has no

Effects on his statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8.1 Vouchers issued by the Seller as part of promotions with a

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certain period of validity are issued free of charge and by the customer

cannot be purchased (hereinafter "promotional vouchers"), only

redeemed in the seller's online shop and only within the specified period.

8.2 Promotional vouchers can only be redeemed by consumers.

8.3 Individual products can be excluded from the voucher campaign if

a corresponding restriction results from the content of the promotional voucher.

8.4 Promotional vouchers can only be redeemed before completing the ordering process.

Subsequent offsetting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

8.6 The value of the goods must at least correspond to the amount of the promotional voucher.

Any remaining credit will not be refunded by the seller.

8.7 If the value of the promotional voucher is not sufficient to cover the order,

to settle the difference one of the others offered by the seller

payment methods can be selected.

8.8 The balance of a promotional voucher will neither be paid out in cash nor

interest.

8.9 The promotional voucher will not be refunded if the customer uses the

Promotional voucher fully or partially paid for goods within the scope of its statutory

returns the right of withdrawal.

8.10 The promotional voucher is transferrable. The seller can with discharging effect

to the respective owner who received the promotional voucher in the seller's online shop

redeem, afford. This does not apply if the seller is aware of this or is grossly negligent

Ignorance of ineligibility, incapacity or lack of

has the power of representation of the respective owner.

9) Redeeming Gift Certificates

9.1 Vouchers purchased through the seller's online shop

(hereinafter "Gift Vouchers") can only be redeemed in the online shop of

redeemed by the seller, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining balance of gift vouchers heinen are up to

Redeemable at the end of the third year following the year of voucher purchase. remaining balance

will be credited to the customer by the expiration date.

9.3 Gift vouchers can only be redeemed before completing the ordering process

will. Subsequent offsetting is not possible.

9.4 Multiple gift vouchers can be redeemed for one order.

9.5 Gift vouchers can only be used for the purchase of Goods and not for the purchase of

other gift vouchers can be used.

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9.6 If the value of the gift voucher is insufficient to cover the order,

to settle the difference, one of the remaining from the seller

offered payment methods can be selected.

9.7 The balance of a gift voucher will not be paid out in cash or

interest.

9.8 The Gift Voucher is transferrable. The seller can with exempting

Effect on the respective owner who bought the gift voucher in the online shop of the

seller redeems, afford. This does not apply if the seller is aware or gross

negligent ignorance of the non-authorization, the legal incapacity or the

lack of power of representation of the respective owner.

10) Governing Law

The law of the Republic of Austria applies to all legal relationships between the parties

excluding the laws governing the international purchase of movable goods. at

This choice of law applies to consumers only insofar as the protection granted by

mandatory provisions of the law of the country in which the consumer resides

habitual residence is withdrawn.

11) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or

special fund under public law with its registered office in the sovereign territory of the Republic

Austria is the exclusive place of jurisdiction for all disputes arising from this contract

the place of business of the seller. If the customer is based outside of

sovereign territory of the Republic of Austria, this is the place of business of the seller

Exclusive place of jurisdiction for all disputes arising from this contract if the

Contract or claims arising from the contract of professional or commercial activity

of the customer can be attributed. The seller is in the above cases

however, in any case entitled to appeal to the court at the customer's registered office.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform on the Internet under the following link

Online dispute resolution ready: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes

from online sales or service contracts in which a consumer is involved.

12.2 The seller is entitled to participate in a dispute resolution procedure before a

Consumer arbitration board neither obliged nor willing.

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