General Terms and Conditions
1. Preamble:
1.1 Unless otherwise expressly agreed, our general terms and conditions of sale and delivery, as made known to the contractual partner, shall apply.
1.2. The following provisions regarding the delivery of goods shall apply mutatis mutandis to services.
1.3 These terms and conditions of sale and delivery apply to legal transactions between the contracting parties; for legal transactions with consumers within the meaning of § 1 of the Consumer Protection Act (KSchG), Federal Law Gazette 49/1979 as amended, they shall only apply insofar as they do not contradict the provisions of the first main chapter of this Act.
1.4 After a valid contract has been concluded between the contracting parties on the basis of these general terms and conditions of sale and delivery, these shall also apply to all future contracts between the contracting parties.
2. Conclusion of Contract:
2.1 The seller has the right to reject the conclusion of the contract within four weeks of signing this contractual declaration. The contract shall only become legally effective if the seller has not rejected the conclusion of the contract within this period. Rejection is deemed to have been made in a timely manner if a corresponding letter was posted within the specified period.
2.2. The contractual partner agrees that, in case of doubt, our GTC shall prevail, even if the terms of the contractual partner remain uncontested. Acts of contract fulfillment on our part shall not be considered as acceptance of contractual terms that deviate from our own. Should any ambiguities remain during contract interpretation, these shall be resolved by considering those terms as agreed which are usually agreed upon in comparable cases.
2.3. Sales representatives of the seller are not authorized to make promises that modify, supplement, or contradict the text of the contract or the general terms and conditions of sale and delivery.
3. Brochures and Other Documents:
3.1. The information contained in catalogs, brochures, circulars, advertisements, illustrations, price lists, etc., regarding the nature and features of the goods, prices, and services, etc., is non-binding. We reserve the right to make changes at any time.
3.2. Technical documents of any kind, as well as samples, catalogs, brochures, illustrations, and the like, shall always remain the intellectual property of the seller. Any utilization, reproduction, distribution, publication, or demonstration may only take place with the express consent of the seller.
4. Transfer of Risk:
4.1. Unless otherwise agreed in writing, the goods are sold "ex works" (Am Bergbrunnen 6, 2192 Kettlasbrunn).
4.2. In the case of an "ex works" sale, the risk passes from the seller to the buyer when the goods are handed over to the buyer.
4.3. If the goods are delivered by the seller to the location designated by the buyer, the risk passes to the buyer at the time the goods are unloaded from the delivery vehicle. In the case of delivery by rail or post, the risk passes to the buyer upon handover to the railway or postal service.
4.4. Otherwise, the INCOTERMS 1990 in the version valid on the day the contract is concluded shall apply.
5. Delivery Period:
5.1. The agreed delivery period is generally non-binding unless a fixed delivery date has been agreed in writing between the seller and the buyer.
5.2. The seller is entitled to make partial and advance deliveries.
5.3. If delivery is delayed due to a circumstance on the part of the seller that occurred without their fault or due to force majeure (strikes, natural disasters, raw material shortages, supply disruptions, direct or indirect war events, or other hindrances not subject to the seller's foresight or influence), a reasonable extension of the delivery period shall be granted.
5.4. If the seller is responsible for a delay in delivery, the buyer may demand performance or declare withdrawal from the contract after setting a reasonable grace period of at least four weeks. These declarations must be made by the buyer in writing and in a specific manner when setting the grace period. Withdrawal only becomes effective if the seller has culpably failed to meet the grace period. Other claims, particularly those based on damages, are expressly excluded.
5.5. If the buyer does not accept the goods provided according to the contract at the contractually agreed place, time, or manner, the seller may either demand performance or withdraw from the contract after setting a grace period for acceptance. Any damage must be compensated by the buyer. The goods may also be stored with third parties at the buyer's expense.
6. Prices:
6.1. The agreed prices are subject to change and are non-binding unless a fixed price has been agreed in writing. Any cost estimates provided are not guaranteed.
6.2. All prices are in Euros, including VAT, ex works (Am Bergbrunnen 6, 2192 Kettlasbrunn).
6.3. An unexpected, serious increase in world market prices for raw materials entitles the seller to adjust the sales price retrospectively accordingly.
7. Payment:
7.1. Payments are to be made in accordance with the agreements.
7.2. If the buyer is in default of an agreed payment or other services, the seller may either insist on the full or partial fulfillment of the contract or declare withdrawal from the contract while granting a reasonable grace period. The buyer is obliged to compensate for all damages. The buyer is obliged to pay default interest at a rate of 12%. In the event of default, the buyer also agrees to pay the standard costs of a collection agency within the meaning of Ordinance BGBl 141/1996 or the standard costs of an Austrian lawyer commissioned with the collection.
7.4. After withdrawal from the contract becomes effective, the buyer must return already delivered goods to the seller upon request. Furthermore, the buyer must compensate the seller for any loss of value of the goods and reimburse all expenses the seller had to incur to carry out the contract. The seller has the right to demand a cancellation fee from the buyer of at least 30% of the invoiced amount. The seller reserves the right to assert claims for damages exceeding the cancellation fee.
7.5. The goods remain the property of the seller until all financial obligations by the buyer have been fully met. The buyer must comply with the necessary formal requirements to preserve the retention of title. In the event of attachment or other claims, the buyer is required to assert the seller's property rights and notify the seller immediately. Until full payment of the purchase price and all costs and expenses, the goods remain our property. Resale is only permitted if we have been informed of this in good time, stating the name or company name and the exact business address of the buyer, and we have consented to the sale. In the event of our consent, the purchase price claim is deemed assigned to us, and we are authorized at any time to notify the third-party debtor of this assignment. In the case of a plurality of claims on our part, payments by the debtor will be primarily applied to those of our claims that are not (or no longer) secured by retention of title or other security instruments. In the event of even partial payment default, the buyer agrees now that we may collect the goods at their expense at any time. In the event of default, we are entitled to assert our rights arising from the retention of title. It is agreed that the assertion of retention of title does not constitute a withdrawal from the contract, unless we expressly declare withdrawal from the contract.
7.6. Incoming payments can, at the seller's discretion, be used to settle other existing liabilities of the buyer.
7.7. If the goods have been set aside by the seller, the seller may store the goods at the buyer's expense and risk. The seller is also entitled to demand reimbursement for all justified expenses incurred for the execution of the contract that are not covered by the payments received.
7.8. Offsetting against our claims with counterclaims of any kind is excluded.
8. Warranty and Liability:
8.1. Honey is a natural product and as such is subject to changes in taste, consistency, and color. All packaging material is handmade and therefore subject to changes in finish, shape, color, and design.
8.2. The goods must be inspected upon receipt, and any defects must be reported in writing immediately, but no later than within 7 days. The seller, having been informed in this manner, is entitled to fulfill their warranty obligation exclusively by remedying the defect as follows:
8.2.1. by repairing the goods on the spot,
8.2.2. by having the defective goods or defective parts returned for repair,
8.2.3.1. by replacing the defective goods,
8.2.3.2. by replacing the defective parts.
Upon the seller's request, the goods must be sent by the buyer to the location designated by the seller for repair. Except for personal injury, we are only liable if gross negligence is proven against us by the injured party.
8.3. The seller is entitled to exempt themselves from the buyer's claims for rescission or price reduction by delivering non-defective goods.
8.4. Any warranty obligation of the seller is excluded if the buyer has not adhered to the seller's instructions or operating conditions when using or processing the goods, if the defect was caused by the buyer or by third parties, if it arises from the processing of unsuitable raw materials, or if the buyer themselves has made manipulations to the goods or had them made by third parties.
8.5. The seller's warranty applies only to defects that occur during normal use and intended application.
8.6. The relevant provisions apply exclusively to the production and designation of the products.
8.7. With regard to additives included in the contract within the meaning of the Food Act 1975, the contract does not lose its validity if such additives are not permitted by regulation or notice of the Federal Ministry for Health and Consumer Protection pursuant to § 10 of the Food Act at the time of contract conclusion or later.
8.7. The right of recourse pursuant to § 933b of the General Civil Code (ABGB) is excluded.
8.8. Any recourse claims that contractual partners or third parties direct against us under the title of "product liability" within the meaning of the Product Liability Act (PHG) are excluded, unless the party entitled to recourse proves that the defect was caused within our sphere and was at least due to gross negligence.
9. Place of Jurisdiction, Applicable Law, Place of Performance, Miscellaneous:
9.1. All agreements, subsequent changes, supplements, collateral agreements, etc., must be in writing to be valid, which includes an original signature or a secure electronic signature.
9.2. Austrian substantive law applies to this contract; the applicability of the UN Sales Convention (CISG) is excluded.
9.3. The potential invalidity of individual provisions of the contract or the general terms and conditions of sale and delivery shall not affect the validity of the remainder of the contract.
9.4. For deliveries and payments, the place of performance is the court with jurisdiction for the seller's registered office, even if the handover takes place elsewhere as agreed.
9.5. The place of jurisdiction for all disputes arising directly or indirectly from the contract is exclusively the court with material jurisdiction at our company's registered office. However, we have the right to file suit at the contractual partner's general place of jurisdiction.