General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Association Freunde gesunder Lebensart) via the website www.stucco-naturale.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the terms and conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time by clicking on the corresponding button in the navigation bar and make changes there.
After clicking on the “Checkout” or “Proceed to order” button (or similar designation) and entering your personal data and the payment and shipping conditions, the order data will be displayed to you in an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the immediate payment system. If you are redirected to the respective immediate payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order overview on the website of the provider of the immediate payment system or after you have been redirected back to our online shop. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting your order, you have the option of checking the details in the order overview again, changing them (also using the “back” function of your Internet browser) or canceling the order.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically possible and, in particular, that they are not prevented by spam filters.
§ 3 Customized goods
(1) You shall provide us with the information, texts, or files required for the customization of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to names, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for correctness and therefore accept no liability for errors.
§ 4 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:
-
Invoice (“Pay Later”): The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_US/invoice; the terms and conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.The Klarna invoice terms for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/invoice; the terms and conditions for the payment extension option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.
-
Installment purchase (“Financing”): Detailed information on installment purchases, including the general terms and conditions and the European standard information for consumer credit for Germany, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms and conditions for the ”Pay in 3 installments“ payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.For more information on installment purchases, including the general terms and conditions and the European standard information for consumer credit for Austria, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account; the terms and conditions for the ”Pay in 3 installments“ payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/paylaterin3.
- Direct debit (“Pay Now”)
- Instant transfer (“Pay Now”)
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and credit checks during the 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.
For more information about Klarna and the Klarna terms of use for Germany, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_US/user and https://www.klarna.com/de/.
(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via ‘PayPal’ / “PayPal Checkout,” payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods offered via “PayPal” are displayed under a corresponding button on our website and during the online ordering process. PayPal may use additional payment services for payment processing; if special payment terms apply, you will be notified separately. Further information about PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(3) Payment via “Stripe”
If you select a payment method offered via “Stripe,” payment will be processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods via “Stripe” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. Stripe may use other payment services for payment processing; if special payment terms apply, you will be notified separately. For more information about Stripe, please visit https://stripe.com/de.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before the transfer of ownership of the goods subject to retention of title.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You remain authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty rights.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements made by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the defect is not remedied, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction of the warranty period does not apply:
– for culpably caused damage attributable to us resulting from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
– if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
– in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of law
(1) Austrian law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favor).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Association Freunde gesunder Lebensart
Dorfstraße 63 b/2
6241 Radfeld
Austria
Phone: +43 660 6413 331
Email: info@stucco-naturale.com
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are governed by the provisions of “Conclusion of the contract” in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we receive your order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, you will receive all contract data in writing as part of a binding offer, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms</p
5.1. The prices stated in the respective offers and the shipping costs represent the total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition to the purchase price, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which shall be borne by you.
5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by banks) shall be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
5.5. The payment methods available to you are indicated under a corresponding button on our website or in the respective offer.
5.6. Unless otherwise specified for individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not specified by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by lawyers specializing in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/
Last update: October 22, 2024
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Association Freunde gesunder Lebensart) via the website www.stucco-naturale.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the terms and conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time by clicking on the corresponding button in the navigation bar and make changes there.
After clicking on the “Checkout” or “Proceed to order” button (or similar designation) and entering your personal data and the payment and shipping conditions, the order data will be displayed to you in an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the immediate payment system. If you are redirected to the respective immediate payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order overview on the website of the provider of the immediate payment system or after you have been redirected back to our online shop. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting your order, you have the option of checking the details in the order overview again, changing them (also using the “back” function of your Internet browser) or canceling the order.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically possible and, in particular, that they are not prevented by spam filters.
§ 3 Customized goods
(1) You shall provide us with the information, texts, or files required for the customization of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to names, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for correctness and therefore accept no liability for errors.
§ 4 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:
-
Invoice (“Pay Later”): The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_US/invoice; the terms and conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.The Klarna invoice terms for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/invoice; the terms and conditions for the payment extension option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.
-
Installment purchase (“Financing”): Detailed information on installment purchases, including the general terms and conditions and the European standard information for consumer credit for Germany, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms and conditions for the ”Pay in 3 installments“ payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.For more information on installment purchases, including the general terms and conditions and the European standard information for consumer credit for Austria, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account; the terms and conditions for the ”Pay in 3 installments“ payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/paylaterin3.
- Direct debit (“Pay Now”)
- Instant transfer (“Pay Now”)
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and credit checks during the 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.
For more information about Klarna and the Klarna terms of use for Germany, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_US/user and https://www.klarna.com/de/.
(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via ‘PayPal’ / “PayPal Checkout,” payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods offered via “PayPal” are displayed under a corresponding button on our website and during the online ordering process. PayPal may use additional payment services for payment processing; if special payment terms apply, you will be notified separately. Further information about PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(3) Payment via “Stripe”
If you select a payment method offered via “Stripe,” payment will be processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods via “Stripe” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. Stripe may use other payment services for payment processing; if special payment terms apply, you will be notified separately. For more information about Stripe, please visit https://stripe.com/de.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before the transfer of ownership of the goods subject to retention of title.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You remain authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty rights.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements made by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the defect is not remedied, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction of the warranty period does not apply:
– for culpably caused damage attributable to us resulting from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
– if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
– in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of law
(1) Austrian law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favor).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Association Freunde gesunder Lebensart
Dorfstraße 63 b/2
6241 Radfeld
Austria
Phone: +43 660 6413 331
Email: info@stucco-naturale.com
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are governed by the provisions of “Conclusion of the contract” in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we receive your order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, you will receive all contract data in writing as part of a binding offer, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms</p
5.1. The prices stated in the respective offers and the shipping costs represent the total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition to the purchase price, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which shall be borne by you.
5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by banks) shall be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
5.5. The payment methods available to you are indicated under a corresponding button on our website or in the respective offer.
5.6. Unless otherwise specified for individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not specified by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by lawyers specializing in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/
Last update: October 22, 2024
