General terms and conditions of Business
GENERAL TERMS AND CONDITIONS FOR THE ONLINE SHOP OF THALHEIMER HEILWASSER GMBH
1. SCOPE OF VALIDITY
1.1. The following General Terms and Conditions of Business ("GT&Cs") apply to the business relationship between Thalheimer Heilwasser GmbH, Sauerbrunnstraße 7, A-8754 Thalheim (hereinafter "Thalheimer Heilwasser") and the customer.
1.2. This website is owned and maintained by Thalheimer Heilwasser.
1.3. All correspondence from the customer in connection with and/or relation to this agreement – including notifications, complaints or questions regarding the purchase and/or delivery of products, the exercise of the right of cancellation, etc. – shall be sent to Thalheimer Heilwasser using the contact details published on the website or the e-mail address email@example.com.
1.4. All purchases are subject to the general terms and conditions of business published on the website at the time of the conclusion of the contract.
2. CONCLUSION OF CONTRACT
2.1. The presentation of goods on our homepage and the granting of the right to place an order does not constitute a binding offer on our part. Only by placing an order, after registration and creation of a customer account, does the customer make a binding offer to conclude a purchase contract. Before final submission of the order, the customer is given the opportunity to make any corrections to their order. The customer is then sent an automatic confirmation of receipt by e-mail. This confirmation does not yet constitute acceptance of the offer on our part. A purchase contract with us is only deemed as concluded once we have dispatched the ordered product to the customer or have confirmed the order by means of a separate e-mail. The wording of the contract is saved. The wording of the contract is available to the customer following initial registration and upon signing in to the customer account again.
2.2. In addition to the conventional ordering process, we also offer the customer the option of concluding a subscription agreement. Subscription agreements of this kind are concluded for an indefinite term and encompass the delivery of the goods selected by the customer on a delivery date specified by the customer and may be terminated at any time up to 5 days before the next scheduled date of delivery. Cancellation, as well as any changes to the quantity or the goods, are made via the customer account, which can be accessed after signing in again.
2.3. In the event of any typing, printing or calculation errors, we reserve the right to withdraw from the contract. The actual colours of a product may vary to some extent from those in photographs.
2.4. Orders may only be placed by persons of at least 18 years of age.
2.5. Our offer is directed exclusively at customers whose address or usual place of residence is in Austria.
3. PRICES AND SHIPPING COSTS
3.1. All prices shown are total prices incl. VAT.
3.2. Shipping costs of EUR 4.99 for delivery within Austria must be added. From an order value of EUR 50.00, delivery within Austria is free of charge.
3.3. In the event that we amend our prices during the term of the subscription agreement that has been concluded for an indefinite period, we will present the customer with an offer to conclude an amended agreement. If the customer does not accept this offer within two weeks, both parties shall be entitled to terminate the existing agreement up to 5 days before the next scheduled date of delivery.
4.1. Payment for guest orders can be made by credit card, PayPal, or instant bank transfer.
4.2. Payment for subscription orders can be made by credit card only.
5.1. Right to cancel: Customers who are consumers as defined by the Consumer Protection Act have the right to withdraw from an agreement concluded remotely in writing within fourteen days without any need to provide reasons. There is no right of cancellation for foodstuffs or goods that can spoil quickly or whose expiry date would be reached, or for goods made to customer specifications or that are clearly tailored to the personal needs of the customer. The cancellation period is fourteen days from the date on which you or a third party nominated by you and who is not the carrier have or has taken possession of the goods. In the case of a combined order for several goods to be delivered separately, or in the case of an order for goods to be delivered in several part consignments or units, the cancellation period begins on the day on which you or a third party nominated by you and who is not the carrier have or has taken possession of the last goods, part consignment, or unit.
To exercise your right of cancellation, you must contact us at the following address:
Thalheimer Heilwasser GmbH
Tel.: +43 3577 20227124
providing a clear statement (e.g. a mailed letter or an e-mail) of your decision to withdraw from this agreement. Here you may use the provided sample cancellation form, although this is not obligatory.
To comply with the cancellation period, you only have to send notification of the exercise of the right of cancellation before the end of the cancellation period.
5.2. Consequences of withdrawal: If you cancel this agreement, we are required to refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from you having selected a method of delivery other than the cheapest standard delivery option offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your cancellation of this agreement. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you incur any charges on account of this reimbursement. If the means of payment of the original transaction is no longer available for the reimbursement, then the reimbursement will be made by bank transfer.
You must return or surrender the goods to us immediately and in any event no later than fourteen days from the day on which you notify us of the cancellation of this agreement:
Thalheimer Heilwasser GmbH
The deadline will be deemed to have been met provided that you return the goods before the end of the fourteen-day period.
Sie tragen die unmittelbaren Kosten der Rücksendung der Waren.
You shall bear the immediate costs of returning the goods.
We may refuse to refund you until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is the earlier.
You only have to pay for any loss in value of the goods if this loss in value is attributable to any handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
5.3. Cancellation form: If you wish to cancel the agreement, you can complete this form and return it to us at the following address:
Thalheimer Heilwasser GmbH
- I/we (*) hereby cancel the agreement concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (for notification via hard copy only)
(*) Delete as applicable.Sie können das Muster-Widerrufsformular oder eine andere eindeutige
You can also download the sample cancellation form or another specific declaration from our website:
To be completed and submitted electronically. If you decide to make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of your cancellation.
6.1. Deliveries are restricted to Austria only and goods will be shipped to the delivery address provided by the customer.
6.2. Deliveries are dispatched by means of standard shipping no later than 3-4 working days after the order has been placed.6.3.
Vorbehaltlich längerer Lieferzeiten durch das Versandunternehmen, erfolgt die Lieferung aufgrund eines Abonnement-Vertrags grundsätzlich gemäß dem vom Kunden gewünschten Liefertermin. Fällt der vom Kunden gewünschte Liefertermin auf einen Sonn- oder Feiertag, so verschiebt sich die Lieferung auf den nächsten Werktag.
6.3. Subject to longer delivery times on the part of the shipping company, deliveries based on subscription agreements will generally be made in accordance with the delivery date specified by the customer. If the delivery date requested by the customer falls on a Sunday or public holiday, delivery shall be postponed to the next working day.
6.4. We reserve the right to make a partial delivery in the interest of prompt execution and if this is deemed reasonable for the customer. In this case, the customer will not incur any additional shipping costs. If the goods are, exceptionally, unavailable, we will inform the customer immediately and reserve the right to cancel the agreement.
7. RESERVATION OF TITLE
7.1. The delivered goods remain our property until all outstanding payments owed by the customer under the purchase agreement have been settled in full.
8.1. In the event of any defects in the delivered goods, the statutory warranty rights shall apply.
9.1. In the event of ordinary negligence, any claims for damages against Thalheimer Heilwasser are excluded. This restriction does not apply in the event of injury to life, limb or health.
9.2. The personal liability of the legal representatives, vicarious agents and employees of Thalheimer Heilwasser is excluded.
10. DATA PRIVACY
10.1. Information about the type, scope and location of the acquisition, processing and use of your personal data can be found in our privacy statement.
11. APPLICABLE LAW / PLACE OF JURISDICTION
11.1.The agreement concluded shall be governed exclusively by Austrian law.
11.2. The exclusive place of jurisdiction for corporate customers shall be the competent court in Leoben.
11.3. Any claim against a consumer who has his domicile, habitual residence or place of employment in Austria that arises from disputes under this agreement shall fall under the jurisdiction of one of the courts in whose district the consumer has his domicile, habitual residence or place of employment. For consumers who are not resident in Austria at the time the agreement is concluded, the statutory places of jurisdiction shall apply.
12. SEVERABILITY CLAUSE, WRITTEN FORM
12.1. Should individual provisions of these GT&Cs be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the GT&Cs. The invalid or void provisions shall be replaced by the statutory provisions.
12.2. Amendments or additions to these GT&Cs must be made in writing.
12.3. The contractual language is German. These General Terms and Conditions of Business are available in German.
13. CONTACT INFORMATION
Thalheimer Heilwasser GmbH
Commercial register number: FN 444070w, Commercial register court: Leoben Regional Court (Landesgericht Leoben)
Tel.: +43 3577 20227124
GT&Cs last amended: May 2020