General Terms and Conditions
- Scope
For all business relations between Co Habig (hereinafter “Seller”) and the customer only the following general terms and conditions shall apply in their relevant version at the time of the order. By ticking the box ‘I agree with the general terms and conditions’ the customer accepts the general terms and conditions of the Seller. Variations of the terms have to be expressly agreed to by the Seller in writing in every case.
- Offer
Our offers are non-binding; they are simply an invitation to treat/make an offer. Minor variations to our pictures or product descriptions have to be taken into consideration (in particular since the products on offer are a natural product and manufactured by hand). Every offer becomes invalid with each updating of our website.
- Conclusion of the Contract and Cancellation
The customer’s order represents an offer to conclude a contract; the customer is bound by the order for 7 days. In case of orders made by persons under the age of 18, the Seller reserves the right to request the consent of the parent or legal guardian by fax (+43 1 5058104).The order is considered as accepted by the Seller with the sending of the order confirmation. The customer may cancel a contract that has been concluded by distance selling within a cancellation period of 14 working days (hereinafter “Time limit”). With regards to contracts on the delivery of goods, the time-limit starts running on the day the goods have been delivered to the customer (§ 5e Consumer Protection Act) – Saturdays are not considered as working days. It is sufficient for the declaration of cancellation to be sent within the time limit. The condition of the returned goods must correspond to their original condition and must be packed as to prevent any damage. The goods to be returned to the Seller must be sufficiently post-paid. The right to return the goods does not apply to goods that were on sale or part of special sales events.
- Delivery and Period of Delivery
There is no minimum order requirement. All our prices include the statutory VAT currently at 20 %. Goods that are stocked (we are not liable for transportation problems) will arrive within 5 days after the full purchase price (without any deductions) and the postal charges have been received by the Seller. Delivery terms without prior agreement are subject to confirmation. The Seller does not send to post office boxes. The customer must indicate a real physical address where the goods will be received. In case customs and costs of customs clearance occur outside the EU, the carrier will charge these costs on delivery. Returned mail will not be accepted without authorisation.
must be sufficiently post-paid. The right to return the goods does not apply to goods that were on sale or part of special sales events.
- Payment, Payment Due Dates
The purchase price is due within 14 days from the date the order confirmation has been sent to the customer. Payment can be made by credit card (PayPal) or by prepayment. Within Austria payment can also be made by cash on delivery (COD).
Prepayment
In case you choose prepayment we will send you your order as soon as your payment has reached our account
Credit Card
Via PayPal.
Cash on Delivery (only within Austria)
Orders within Austria can be paid on delivery at the Austrian Post (Österreichische Post AG). The postal charge of EUR 3.50 will be charged in addition to the transport cost to the customer.
In case the customer is late with any payments, the Seller is entitled to a late payment penalty of [5] % p.a.
- Set-Off, Lien
The customer is only entitled to a set-off right in case his counter claim has been given legal title or in case the Seller has expressly recognised such a right. The customer can only exercise a lien when his counter claim relates to the same contractual relationship.
- Mail Charges
The delivery is done by mail. Loss or damages of postal items has to be indicated without delay.
BY CASH ON DELIVERY– only within Austria
BY PREPAYMENT (value of goods + postal charges)
IMPORTANT in case of international bank transfers or phone banking share of costs cannot be ticked on the slip.
Mail charges (Mail by Austrian Post/PRIORITY)
Within Austria EUR 3.00 + EUR 3.50 (COD)
Within Europe EUR 15.20
Outside Europe on request
- Passing of Risk
With the sending of the goods by the Seller, risk passes to the buyer.
- Guarantees and Liabilities
The Seller guarantees that at the time of passing of risk the goods have no material defect or manufacturing fault and, that they have all qualities as guaranteed by the Seller. On delivery the customer has to examine the goods as to their condition and defects without delay. Obvious defects have to be indicated to the Seller in writing within 10 days after they have been discovered; the same applies to hidden defects. Otherwise the guarantee for these defects will not apply.
In case of complaint the buyer has to prove the date of purchase with an invoice. The goods have to be returned to the Seller together with a copy of the invoice in a sufficiently prepaid parcel. The guarantee does not apply to normal wear and tear. The guarantee becomes void when the customer alters the delivered goods.
In case the Seller is liable for the defect, the Seller alone is entitled to choose between repairing the defect or delivering a substitute. The customer is entitled to either cancel the contract or request a discount in the purchase price in case the Seller failed to either repair the defect or deliver a substitute within a reasonable time period. The customer is not entitled to any further claims. In particular, the Seller is not liable for any consequential harm caused by the defect, lost profits and/or other monetary damages. This limitation does not apply to wilful misconduct, culpable negligence as well as personal injury.
The guarantee period is 2 years from delivery.
The Seller is not liable for any minor misprints in their advertising material or wrong data in their online-shop that are due to slight errors. The colour of the products might vary due to individual computer screen settings.
- Retention of Title
Until payment has been made in full, the Seller retains the title in the goods.
- Data Protection
We herewith notify you that in the course of the business relationship, necessary data will be processed and saved in our computer system. Personal data will be treated confidentially as a matter of course.
- Copyright
Elements on our website are protected by copyright and the protection of intellectual property of the Seller. Its use without express authorisation is prohibited.
- Safeguards
In case one of the provisions in these general terms and conditions or any provision in a contract concluded with the customer are considered void, the validity of the remaining provisions will not be affected. The voided provision will be replaced with a valid provision that corresponds best in its object and purpose to the voided provision in an economical sense.
- Applicable Law
The Austrian material law applies solely to the contractual relationship between the customer and the Seller with the exclusion of references to international law and the UN Convention on Contracts for the International Sale of Goods.
- Bank Details
Barbara Habig
Wiedner Hauptstraße 17/2/4
1040 Wien
Österreich
Bank: Raiffeisenlandesbank NÖ
Sort code: 32000
Account number: 4837001
For international bank transfers:
IBAN: AT373200000004837001
BIC: RLNWATWW
- Order by Fax
If you do not want to order online: you can also use our hard copy order form. Please print out your order and then send it to us by fax.
Our fax number: +43 (1) 5058104