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General Terms and Conditions

 

SPICEWORLD GmbH
Hannakstr. 1
A-5023 Salzburg
Phone: +43 662 89 09 19
fax: +43 662 - 89 09 19 - 19
office@spiceworld.at
http://www.spiceworld.at

 

Status: 01.01.2018

 

These General Terms and Conditions (hereinafter referred to as "GTC") of Spiceworld GmbH, Hannakstrasse 1, 5023 Salzburg, FN 385430i, (hereinafter referred to as "Spiceworld") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with Spiceworld.
 

  1. Consumers are natural or legal persons within the meaning of the Consumer Protection Act (KSchG) who are not entrepreneurs. Entrepreneurs are natural or legal persons or partnerships with legal capacity who conclude the present contract for the operation of their company. The GTC apply to consumers as well as to entrepreneurs, provided that no differentiations are made in the respective clauses.
  2. Spiceworld concludes all contracts only on the basis of these GTC Terms and Conditions of the customer are not accepted. The sending of an order or order confirmation by Spiceworld does not constitute an acknowledgement of the TERMS and conditions or any contractual conditions of the customer. Clauses, GTC and supplementary GTC that deviate from or conflict with Spiceworld's GTC shall only become part of a contract if their validity is expressly agreed to in writing.
  3. The dispatch of an order confirmation by Spiceworld does not constitute an acceptance of a binding offer, but is merely a confirmation that Spiceworld receives the order A purchase contract between Spiceworld and the customer is only valid with a written confirmation of the conclusion of the contract or with the dispatch of the ordered products.
  4. If individual provisions of these GTC become invalid, the validity of the remaining provisions shall remain unaffected.

 

Prices:
  1. If the customer is a consumer, the prices quoted are inclusive of the statutory value added tax and without delivery costs.  Should a statutory VAT increase take place, Spiceworld is entitled to charge the increased VAT rate. Unless otherwise agreed, the delivery costs shall be separated from the customer If the customer is an entrepreneur, all prices are to be understood as net prices and without delivery costs.
  2. Printing, typing and calculation errors as well as extraordinary price changes are Furthermore, it is expressly pointed out at this point that all information on the websites, in catalogues and other media is always non-binding.
  3. In the case of business transactions, in addition to the net price of the goods, the prices for supplementary services such as packaging, shipping and the value added tax valid at the time of invoicing are shown separately on the invoice.

All orders will only be accepted on the basis of the prices valid at the time of the order. If the purchase price is not paid on time, this will result in the elimination of any approved discounts and discounts.

  • 3 Orders and conclusion of contract
  1. The customer has the possibility to select products from the Spiceworld webshop and add them to the shopping cart by clicking on the button [Add to cart].
  2. Subsequently, by clicking on the button [Continue to order], the customer reaches the start page of the here either by clicking on the button [Order without registration] to place his order without creating a customer account or by clicking on the button [Create new customer account], open a customer account with Spiceworld as a new customer.
  3. However, the opening of a customer account is not mandatory for the ordering process. After that, the delivery address as well as the shipping and payment method are
  4. After the payment method has been selected, the customer comes to the summary of the by clicking on the button [Order with obligation to pay] , the customer submits a binding purchase offer to Spiceworld.
  5. After the chargeable order, the customer receives an order confirmation, which does not apply as an acknowledgement of the terms and conditions or any contractual conditions of the customer but merely represents information about the receipt of a customer order and not acceptance of a binding offer.
  6. After receipt of payment, the order will be shipped, resulting in a valid purchase contract between Spiceworld and the customer. About the dispatch of the products, the customer receives a shipping confirmation, which provides proof of the valid conclusion of the purchase contract If the customer is an entrepreneur, a purchase on account, depending on the agreement, is possible. In this case, the goods will be shipped before payment of the same. Accordingly, the purchase contract is concluded with the dispatch of the goods by setting a performance action by Spiceworld. A claim to purchase on account does not exist in any case. Spiceworld is entitled in the event of non-compliance with payment deadlines by the customer, even if originally agreed otherwise, to withdraw from the agreement of the purchase on account and instead to let the customer select one of the payment methods listed in § 4 a.
  7. If the customer is an entrepreneur, the statutory provisions regarding bogus representation and prima facie power of attorney shall apply to the conclusion of contracts and the entering into of liabilities by bodies, persons and persons not authorized to do so. If the customer is an entrepreneur, he must immediately announce any change of persons authorised to represent the customer, otherwise when concluding contracts and entering into liabilities by such contracts, it is assumed that the person who has acted lawfully so far is authorised to do so at the time of conclusion of the contract or the entering into of the liability.
  • 4 Terms of payment and delivery:
  1. Spiceworld offers its customers the following payment options:
    • Credit card (Visa & Mastercard)
    • PayPal
    • Sofortüberweisung
    • EPS Transfer
    • Advance cash payments
    • ATM card payment on collection

No additional fees will be charged for any payment method.

  1. The order process is encrypted with SSL (256 bit). This encryption is certified and tested.
  2. By issuing a direct debit authorization, the customer entitles Spiceworld to collect the amount due. At the due date, sufficient funds must be provided for the bank account. Spiceworld must be notified immediately of any changes to the bank details. All costs incurred by Spiceworld due to non-compliance with these obligations will be charged to the customer account, if the customer is an entrepreneur. If the entrepreneurial customer wishes to withdraw his purchase offer after collection difficulties, if the goods have not yet been shipped, this is possible against payment of a processing fee of EUR 15.
  3. In the case of transactions with consumers, Spiceworld will charge default interest of 8% per year in the event of default in payment, albeit through no fault of its own. This does not apply to transactions that are subject to § 6 para 1 no. 13 KSchG. For transactions with entrepreneurs, Spiceworld charges default interest in accordance with § 456 UGB.
  4. If a customer is in default of payment, Spiceworld may also claim compensation for damages caused by the customer and accruing to Spiceworld. This includes, in particular, the necessary costs of appropriate out-of-court debt collection or contribution measures (reminder fees in accordance with the Ordinance of the Federal Minister for Economic Affairs on the maximum rates of remuneration due to collection agencies StF: Federal Law Gazette No. 141/1996), insofar as these are necessary for appropriate legal action.
  5. In the case of transactions with entrepreneurs, Spiceworld is also entitled to demand a lump sum of 40 euros from the customer in the event of default in payment as compensation for any collection costs. § 1333 (2) ABGB applies to the reimbursement of debt collection costs that exceed this lump sum.
  6. The place of performance is the registered office of Spiceworld. Deliveries are made at the expense and risk of the customer. If the customer is an entrepreneur, the risk shall pass to the customer upon handover to the carrier agreed with the customer.
  7. The guideline for the delivery time within Austria is 7 working days plus the postal run from the date of payment. Within the EU, the delivery period is a guideline of 10 working days. However, this delivery period is non-binding. Objectively justified and reasonable exceedances of the delivery time shall be deemed to have been exceeded by the customer And shall not entitle the customer to withdraw from the contract and shall not give rise to any claims for damages. Delivery takes place while stocks last.
  8. For orders whose total amount exceeds EUR 500.00, Spiceworld may demand a deposit of up to 100% of the total price of the order.
  9. Spiceworld is not obliged to perform any performance before any contingent down payment is made. Any resulting consequences (e.g. non-compliance with the delivery date(s) shall be borne by the customer.
  • 5 Dates
  1. Deadline and appointments must be recorded in writing or confirmed. Spiceworld makes every effort to meet the agreed dates Failure to comply with a deadline shall entitle the customer to withdraw from the contract and claim damage resulting from the contract only after setting a 14-day grace period.
  2. An obligation to pay damages incurred by the customer for reasons of delay shall only include compensation for material damage caused by gross negligence or intent. Liability for damage to property caused by slight negligence is excluded.
  3. Unavoidable or unforeseen events as well as force majeure release Spiceworld in any case from compliance with the agreed in this case, the period for performance of the contract shall be extended by the duration of the existence of this event.
  4. The same applies if the customer is in default with his obligations necessary for the execution of the order, in particular the timely provision of all documents and information relevant to the order. In this case, the agreed date will be postponed at least to the extent of the delay.
  • 6 Return conditions & revocation:
  1. For goods that are manufactured according to customer specifications or are clearly tailored to personal needs (private labeling), there is no right of withdrawal according to § 18 para 1 no. 3 FAGG. This regulation applies to traders and consumers.
  2. In the case of products distributed by Spiceworld, which are foodstuffs and thus perishable goods, or Goods that have a best-before date do not have a right of withdrawal in accordance with § 18 para 1 no. 4 FAGG in the case of contracts concluded by way of distance selling or off business premises. This applies equally to entrepreneurs and consumers.
  3. Contracts for products that are not food, the customer can within 14 days without giving reasons The period begins from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last goods.
  4. The customer must inform Spiceworld about the exercise of the right of withdrawal. This can be done by letter, e-mail or fax In addition, it is possible to use the revocation form. The link for this can be found in the order confirmation. However, there is no obligation to use this form. The deadline for exercising the right of withdrawal is met if the notification has been sent to Spiceworld before the expiry of the revocation period.
  5. If a contract is revoked, the customer will be reimbursed for all costs already paid, including the delivery costs for the standard delivery, within 14 days of the notification of the revocation of the contract. The additional costs for another type of delivery will not be refunded.
  6. For the repayment, Spiceworld uses the means of payment selected by the customer, unless otherwise agreed. Fees will not be charged for the repayment. However, the refund may be withheld by Spiceworld until receipt of the goods or proof of their dispatch.
  7. The customer must return the goods within a period of 14 days from the sending of the declaration of revocation. To meet the deadline, it is sufficient if the goods were sent before the expiry of the deadline. The return costs will be borne by the customer.
  8. The customer shall not be responsible for a loss of value of the goods in those cases in which the loss of value is merely due to handling necessary to check the nature, properties and functioning of the goods.
  9. Returned goods must be undamaged and, if they consist of several individual parts, also complete. In addition, the goods must be in the original and undamaged* packaging and packed safely for transport.

Withdrawal form

(If you want to cancel the contract, please fill out this form and send it back)

At
SPICEWORLD GmbH
Hannakstr. 1
D-5023 Salzburg
Austria
support@stayspiced.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

-Ordered on (*)/received on (*)

-Name of the consumer(s)

-Address of the consumer(s)

-Signature of the consumer(s) (only in case of notification on paper)

Date

(*) Delete as appropriate.

*The packaging may only show signs of use that are indispensable for the examination of the conformity of the same with the contract. The same standard must be applied as it would apply when inspecting the goods in the store.

  • 7 Availability of goods:
  1. If Spiceworld determines after conclusion of the contract that the ordered goods are no longer available or cannot be delivered for legal reasons, Spiceworld is entitled either to offer goods of equivalent quality and price or to withdraw from the sale. Payments already received will be refunded by Spiceworld immediately after withdrawal from the contract.
  • 8 Retention of title:
  1. Until all claims against the customer, including all ancillary claims, have been settled, the delivered goods remain the property of Spiceworld.
  2. If the customer is an entrepreneur, Spiceworld also reserves the right of ownership of the delivered goods until all existing claims from ongoing business relationships have been settled.
  3. A customer acting as an entrepreneur is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties shall be assigned by the customer to Spiceworld in advance in the amount of the respective invoice amount VAT. Whether the reserved goods were resold before or after processing is irrelevant. After assignment of the claim, the customer remains authorized to collect the claim in the same way as Spiceworld. However, Spiceworld will only collect the claims if the customer does not meet his payment obligations, is in  default of payment or an application for the opening of insolvency proceedings has been filed against the customer's assets.
  • 9 Warranty:
  1. Spiceworld guarantees that the goods are free of defects at the time of delivery.
  2. For customers who are consumers within the meaning of the Consumer Protection Act (KSchG), the statutory warranty provisions apply.
  3. For customers who are entrepreneurs, §§ 377 ff UGB, Federal Law Gazette I No. 120/2005 in the currently valid version apply without restriction. The reversal of the burden of proof of § 924 ABGB is excluded for customers who are entrepreneurs.
  4. For customers who are entrepreneurs, if the goods delivered by Spiceworld have a defect, the customer can initially only demand the replacement of the goods or improvement. If a replacement delivery is not possible, associated with a disproportionately high effort or if there is an unreasonable delay in delivery, Spiceworld is entitled to offer a price reduction or to withdraw from the contract.
  5. For customers who are entrepreneurs, claims for damages due to defects in the products are excluded, unless Spiceworld has grossly negligently concealed the defects or has assumed a guarantee for the quality of the goods.
  6. Spiceworld is not liable for the loss of profit of a this provision applies only to entrepreneurial customers.
  • 10 Offsetting:
  1. For entrepreneurs, offsetting against claims of Spiceworld with counterclaims is excluded. The same applies, with the exception of the cases mentioned in § 6 para 1 no. 8 KSchG, to consumers.
  • 11 Liability:
  1. Spiceworld is liable to the customer in accordance with the Product Liability Act. In addition, Spiceworld is only liable for intent and gross negligence as well as for personal injury regardless of the degree of fault.
  2. For consumers, the scope of Spiceworld's liability as an importer remains unaffected.
  3. Spiceworld sells its products exclusively as food and not as a dietary supplement for animals.
  4. Consequential and financial losses, loss of profit, interest losses and damages from claims of third parties against the customer.
  5. Spiceworld is not liable for links to external websites or the content there.
  • 12 Place of jurisdiction and choice of law:
  1. The contract with Spiceworld is subject exclusively to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and without the conflict of law rules of private international law.
  2. For customers who are entrepreneurs, the place of performance for all contracts concluded with Spiceworld is the registered office of Spiceworld.
  3. For customers who are consumers in accordance with the provisions of the Consumer Protection Act, § 14 KSchG or for international legal transactions the provisions of COUNCIL REGULATION (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (EuGVVO) in the currently valid version.
  4. Consumers who do not have their habitual residence in Austria are only bound by this choice of law to the extent that they are not deprived of property rights under the consumer law of their country of residence.
  • 13 Consumer dispute resolution procedures
  1. Since 09.01.2016, Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution in consumer matters has been in force. It applies to the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts or online service contracts between consumers and online retailers and aims to achieve a high level of consumer protection in the European internal market. The possibility of online dispute resolution (OS) is intended to offer a simple, efficient, fast and cost-effective out-of-court solution to disputes. The ODR platform forwards properly submitted complaints to the competent ADR (out-of-court dispute resolution) bodies (under national law). The use of the ODR platform itself is free of charge, in proceedings before the ADR entities, the consumer may incur costs (up to EUR 30.00) if his application is abusive.
    Link to the ODR platform of the EU Commission: https://ec.europa.eu/consumers/odr
    Our e-mail address is: office@spiceworld.at

 

  • 14. Information on electronic commerce
  1. Technical steps for the conclusion of the contract

See the explanations in section 3 of our GTC.

  1. Contract text storage / printout
    The customer can save the text of the contract by saving the relevant website on his computer by using the "Save as" browser function. Through the print function of his browser, he also has the possibility to print out the contract text. We ourselves store the contract texts and make them accessible to the customer on request by email or by post.
  2. Fix
    The customer can correct his entries at any time during the ordering process by selecting the "Back" button in the browser and then making the corresponding change. By closing the web browser, the customer can cancel the entire order process at any time. Furthermore, the order overview before sending the online order also offers an additional correction option, to which the customer is informed.
  3. Language
    The language available for the conclusion of the contract is exclusively German.
  4. Code of conduct
    We have not submitted to any special code of conduct (set of rules).