General terms and conditions with customer information
1. scope
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment
7. retention of title
8. warranty for material defects and guarantee
9. liability
10. storage of the contract text
11. copyright
12. final provisions
1. scope
1.1. For the business relationship between Sir Harly’s Tea Chaka Chuka OG, 1060 Vienna, Mariahilferstrasse 45/44 (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in their version valid at the time of the order.
1.2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. offers and service descriptions
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise stated with the products. In all other respects, errors are excepted.
3. order process and conclusion of contract
3.1. The Customer may select products from the Seller’s assortment without obligation and collect them in a so-called shopping cart by clicking the “add to cart” button. Within the shopping cart the product selection can be changed, (e.g. deleted). Subsequently, the customer can proceed to the completion of the order process within the shopping cart via the “Checkout” button.
3.2. By clicking on the button “order with obligation to pay”, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, as well as go back to the shopping cart using the browser function “back” or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again. The automatic acknowledgement of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The purchase contract is concluded only when the seller has shipped the ordered product within 3 working daysto the customer, handed over or confirmed the shipment to the customer within 3 days with an explicit order confirmation or sending the invoice. Acceptance may further be made by a request for payment sent by the Seller to the Customer and at the latest by the completion of the payment transaction. If the Seller does not accept the Customer’s offer within the acceptance period, no contract shall be concluded and the Customer shall no longer be bound by its offer.
3.4 Sir Harly’s Tea sells in this webshop only to end consumers for own consumption. Items marked with the “Sir Harly’s Tea” brand may not be resold without written permission from the seller. The delivery takes place only in household quantities.
3.5. In all cases where the seller allows prepayment, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in case of advance payment is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1. All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax. Unless otherwise stated, the tea prices refer to packaging units of 100g. Other packaging units are provided only in specially designated cases.
4.2. All prices are valid until revoked, prices are subject to change.
4.3. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer during the ordering process.
4.4 Shipping costs Austria: from a value of goods of 50 EUR we ship POSTFREE. The breakdown of the costs can be seen on the invoice. The shipping costs are based on the total weight of the shipment, among other things, but the shipping costs may differ should it be fragile goods or special packaging.
For deliveries with a value of goods below 50 EUR the following shipping costs within Austria will be charged:0 kg – 2kg: 4,30 EUR / 2kg – 4 kg: 12,00 EUR / 4kg – 10kg: 15,00 EUR
4.5 Shipping costs EU: the breakdown of costs are shown on the invoice. The breakdown of the costs can be seen on the invoice. The shipping costs are 19,90 EUR to all EUR countries.
4.6. Shipping costs outside EU: Shipping is possible in principle. The shipping costs will be sent to the customer after ordering by e-mail from us (according to current rates of the Austrian Post). In addition, depending on the importing country, customs duties may be payable by the customer.
5. delivery, availability of goods
5.1. If prepayment has been agreed, delivery will be made after receipt of the invoice amount.
5.2. If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3. If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately refund to the customer any consideration already paid.
5.4. In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyers as soon as the seller has handed over the item to the delivery service (e.g. post); the stated delivery dates and deadlines subject to other promises and agreements are not fixed dates.
5.5. The Seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller vis-à-vis customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Seller shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a pre-supplier and for which neither he nor the seller is responsible. For the duration of this impediment, the customer shall also be released from his contractual obligations, in particular payment. If the delay is not reasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period to be set by the customer or after mutual consultation with the seller.
6. payment
6.1. The customer can choose from the available payment methods within the framework and before completion of the ordering process. Customers are informed about the available means of payment on a separate information page.
6.2. Payment by credit card: The seller accepts Visa, Mastercard and AMEX. The de facto debit of the buyer’s credit card takes place automatically with the verification of the credit card at the moment of the order. If a new customer address is entered, it will be necessary to enter the payment data again. This ensures that an address is only changed at the express request of the purchaser.
6.3 Payment by bank transfer (EPS): This solution, developed by Austrian banks, allows payment from the buyer’s account to the seller’s account. EPS Überweisung is based on the respective online banking of the eps-providing banks and enables all buyers to easily and securely process their payments when making purchases over the Internet.
6.4. When picking up the ordered items at Sir Harly’s Tea store in 1060 Vienna, Mariahilferstrasse 45/44 (in the Raimundhof), the invoice amount can also be paid on the spot. The goods are reserved for a maximum of 10 working days. If the goods are not collected within this period, the seller withdraws from the contract. (Starting point is the order confirmation).
6.5. If third-party providers are commissioned with payment processing ( e.g. Stripe), their terms and conditions apply.
7. retention of title
Until full payment, the delivered goods remain the property of the seller.
8. warranty for material defects and guarantee
8.1. In accordance with the statutory provisions, the Seller warrants that the goods are free from defects at the time of delivery. The statutory periods shall apply to the assertion of warranty claims.
8.2. In the case of justifiably objected defects, either free replacement or improvement shall be carried out, whereby a reasonable period of time shall be granted. If an exchange or an improvement is not possible (not possible, too high expenditure, unreasonable, delay), then the buyer has the right to a price reduction or, if the defect is not insignificant, cancellation of the contract (redhibitory action).
8.3. Occurring defects are to be notified as far as possible upon delivery or after discovery of the defect. If the purchase is a business transaction (B2B) for the customer, he must inspect the goods no later than two weeks after receipt and inform the seller immediately if a defect is found.
8.4. The seller is only liable for damages in case of intent or gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for consequential damage, as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
8.5. The Seller shall provide the Services with the utmost care, but shall not be liable for the Services provided by or obtained from third parties. The guarantee must be claimed from the guarantor(producer) and is carried out according to its provisions. The use of the warranty does not limit the statutory warranty.
9. liability
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory requirements for claims.
9.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
10.1. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. If you have registered in our store, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
10.3 Customers who are entrepreneurs may receive the contract documents by e-mail, in writing or reference to an online source.
11 Copyright
Sir Harly’s Tea Chaka Chuka OG reserves all rights, in particular trademark rights and copyrights to the entire content of this website, in particular to trademarks, logos, texts, graphics, photographs and layout. As far as the use is not permitted by law, any use of the contents of this website, especially the storage in databases, duplication, distribution or editing requires the explicit consent of the seller. All product images are symbol images.
12. final provisions
12.1. By placing an order, the respective valid GTCs are accepted. The Seller reserves the right to change these GTCs at any time and without giving reasons, and such changes shall not apply to orders already placed.
12.2. The contracting parties agree, insofar as there are no mandatory legal provisions to the contrary, on the applicability of Austrian law with the exclusion of the reference standards. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
11.3. The place of performance as well as the place of jurisdiction for all services arising from the contract is Vienna, Austria.
11.4. Contract language is German.
11.5. Should any provision of these GTC be invalid, the remaining provisions shall remain unaffected.
11.6. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.