Terms and conditions | STYRIAPURA – Steirische Spezialitäten

General Terms and Conditions

Status: December 2024

1. general

1.1 S.pura GmbH as provider and seller concludes contracts with its customers exclusively on the basis of these General Terms and Conditions.

1.2 Deviating agreements must be made in writing.

1.3 Any invalidity of individual provisions of these General Terms and Conditions shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. Any invalid provision shall be replaced by a legally valid provision that comes as close as possible to the meaning and purpose of the invalid provision.

2. conclusion of contract

The products shown in the online store do not constitute a legally binding offer, but a non-binding product overview. This also applies to order lists. Only by clicking on the button “order with obligation to pay” or by returning the order list do you submit a binding offer for the goods contained in the shopping cart or in the order list. Confirmation of receipt of the order follows immediately after sending the order in the online store or immediately after receiving the order list by e-mail or post. This confirmation does not constitute acceptance of the contract. We can accept your order by sending an order or order confirmation by e-mail or by delivering the goods within 14 days.

3. right of withdrawal

3.1 Consumers have the right to withdraw from a distance contract or an off-premises contract within fourteen days without giving reasons. The withdrawal period is fourteen days. The withdrawal period begins with purchase contracts and other contracts for the purchase of goods against payment:

on the day on which the consumer or a third party other than the carrier and designated by the consumer acquires possession of the goods,
if the consumer has ordered several goods as part of a single order which are delivered separately, on the day on which the consumer or a third party named by the consumer who is not acting as a carrier acquires possession of the last goods delivered,
in the case of delivery of goods in several partial shipments, on the day on which the consumer or a third party designated by the consumer and not acting as a carrier acquires possession of the last partial shipment,
in the case of contracts for the regular delivery of goods over a fixed period of time, on the day on which the consumer or a third party other than the carrier and designated by the consumer acquires possession of the goods first delivered.

3.2 If the consumer withdraws from a purchase contract or any other contract for the purchase of goods against payment, he must return the goods received to the trader immediately, but at the latest within 14 days of submitting the declaration of withdrawal; this does not apply if the trader has offered to collect the goods himself. The return period shall be deemed to have been observed if the goods are dispatched within this period.

3.3 The direct costs of returning the goods shall be borne by the consumer. The consumer only has to pay compensation to the trader for a reduction in the market value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, properties and functionality of the goods.

3.4 The consumer has no right of withdrawal in the case of distance or off-premises contracts concerning

Goods that are manufactured according to customer specifications or are clearly tailored to personal requirements,
Goods that can spoil quickly or whose expiration date would be quickly exceeded,
Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.

4. prices

Unless otherwise stated, the prices quoted are in euros and include VAT. The price does not include costs for packaging, shipping, transportation, customs and other fees. The price quoted by us at the time of the order shall apply to the specific contract, subject to typesetting and printing errors.

5 Delivery, transfer of risk

5.1 The order will be checked immediately upon receipt and prepared for delivery within three working days if it is fully available. If not all items ordered are in stock, the seller is entitled to make a partial delivery at his own expense, provided this is also reasonable for the buyer. The delivery time within Austria is approx. 2 to 5 working days from the order.

5.2 Regulations for entrepreneurs as customers (B2B): The place of performance for delivery and payment is our registered office, even if the goods are handed over at a different location. The risk of loss of or damage to the goods shall pass to the customer at the latest when the delivery leaves our warehouse, irrespective of the agreed terms of delivery.

5.3 Regulations for consumers (B2C): If the trader sends the goods, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party other than the carrier designated by the consumer. However, if the consumer has concluded the contract of carriage himself without making use of a choice proposed by the carrier, the risk is transferred to the carrier as soon as the goods are handed over. Unless otherwise agreed, the consumer acquires ownership of the goods at the same time as the risk is transferred.

6. terms of payment

6.1 Only the payment methods listed on the website https://styriapura.at/ are offered and accepted.

6.2 If the customer is in default of payment or other performance, performance shall be postponed until the overdue payments or other performances have been made and, if applicable, the outstanding purchase price or all outstanding claims shall become due immediately (loss of deadline). In addition, we may withdraw from the contract after a reasonable grace period due to the delay in payment or performance. In the event of default in payment, statutory default interest shall be charged from the due date

6.3 In general, unless otherwise agreed, payments are due within 14 days of receipt of the invoice. Reminder fees of € 10 shall be agreed for each reminder. The defaulting customer is also obliged to reimburse all procedural and culpably caused extra-procedural costs of appropriate legal action (reminder fees, collection costs, lawyer’s fees), insofar as these are in reasonable proportion to the claim being pursued and are necessary and appropriate.

6.4 Payments received shall first repay compound interest, interest and ancillary charges, and then the outstanding capital.

6.5 A set-off of claims is excluded in the absence of a written agreement in individual cases. This shall not apply in the event that the customer is a consumer and S.pura GmbH has become insolvent. Furthermore, the offsetting prohibition does not apply to counterclaims of the consumer, which are in legal connection with the liability of the consumer, which have been judicially determined or which have been recognized by the entrepreneur.

7. reservation of title

The goods remain the property of S.pura GmbH until the purchase price and all associated costs and expenses have been paid in full. A resale is only permitted if we have been informed of this in good time in advance, stating the name or the company and the exact (business) address of the buyer and S.pura GmbH agrees to the sale. In the event of consent, the purchase price claim is already now deemed to be assigned to us and we are authorized to inform the buyer of this assignment at any time.

8. warranty

8.1 With regard to the warranty, the statutory provisions of the General Civil Code (ABGB) in the current version shall apply, unless otherwise specified below.

8.2 The warranty does not cover defects caused by improper handling of the goods by the customer. The goods shown on the website have been photographed and therefore there may be slight differences between the goods shown in the online store and the reality. This does not constitute a defect in the goods. Warranty claims can be fulfilled at our discretion by improvement (rectification or addition of the missing item), replacement, price reduction or termination of the contract. Complaints must be made in writing, stating the order or invoice number.

8.3 For consumer transactions (B2C), the statutory provisions of the Consumer Protection Act (KSchG), the Consumer Guarantees Act (VGG) and/or the Distance and Off-Premises Transactions Act (FAGG), as amended, shall apply in addition to the General Civil Code (ABGB).

8.4 In all other cases (B2B), the following applies: The reversal of the burden of proof under warranty law is waived. The customer must therefore prove the defectiveness of the goods at the time of delivery. Clear reference is made to the provisions on notification of defects and compliance with the obligation to give notice of defects within the meaning of Section 377 UGB.

9. vouchers

Vouchers cannot be used to purchase further vouchers/voucher cards. Vouchers cannot be paid out in cash.

10. liability

10.1 In the case of consumer transactions (B2C), liability for all damages, with the exception of personal injury, due to slight negligence is excluded.

10.2 In all other cases (B2B), our liability is limited to damages relating to the object of the delivery, unless we have acted with intent or gross negligence. Liability for slight negligence is therefore excluded, with the exception of personal injury. The injured party must also prove that we are guilty of gross negligence or intent.

10.3 The assertion of our liability for a case of damage must be made in writing, stating the damage, the facts giving rise to liability and proof that the delivery originated from us.

11. changes of address

Changes of address must be communicated to us immediately.

12 Applicable law

Austrian law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

13. place of jurisdiction

13.1 The place of jurisdiction is the locally and factually competent court in Graz.

13.2 If the consumer is domiciled or habitually resident in Austria or is employed in Austria, only the court in whose district the domicile, habitual residence or place of employment is located shall have jurisdiction to hear an action against the consumer pursuant to Sections 88, 89, 93 (2) and 104 (1) JN; this shall not apply to legal disputes that have already arisen.