Alpinia Laudanum GmbH
Disclosure as per Section 5 of the Austrian E-Commerce Act (ECG):
Alpinia Laudanum GmbH
Trade authority: District commission/municipal authorities (hereinafter referred to as the “Vendor”).
1 Scope of Application
1.1 Unless otherwise explicitly agreed to the contrary, these Terms and Conditions (“T&Cs”) and the cancellation rights and consequences for Consumers as prescribed by Section 6 shall apply to all contracts concluded between the Vendor and the Customer. Contracts are concluded online via our website www.alpiniashop.com. The conditions defined in Section II shall additionally apply for legal transactions with commercial enterprises.
1.2 With the submission of his / her declaration of willingness to enter into a contract (please refer to Section 1.4), the Customer likewise declares his / her consent to these T&Cs. Contracts may only be concluded in accordance with these terms. Any deviating, contradictory, restrictive or supplementary General Terms and Regulations of the Customer require explicit approval from us in order to become a contractual component in individual cases. Notably, contractual performance on our part shall not constitute acceptance of any terms that deviate from our T&Cs.
1.3 If several contracts are concluded at different times, the version of the T&Cs applicable at the time the declaration of willingness to enter into a contract is submitted (please refer to section 1.4) that have been published and enclosed by us shall form a contractual component. If several contracts are concluded with a specific Customer, this shall not constitute a continuing obligation or enable the Customer to derive any other entitlement to the renewed conclusion of a purchase agreement if explicit written approval has not be granted thereto in a framework agreement.
1.4 Conclusion of the Contract
1.4.1 The display of our products on our website does not constitute an offer in the legal sense. The offer shall be made exclusively by the Customers as stipulated in Section 1.4.3.
1.4.2 On our website, the Customer’s offer is submitted when an item is ordered. The Customer’s offer shall become binding once the “Order with obligation to pay” button is clicked. Please note that the Customer shall be sent a separate confirmation of the receipt of his / her order once we receive the order. This order confirmation does not constitute acceptance of the offer. Our acceptance shall first be confirmed with a separate, written order confirmation within an appropriate deadline or through the actual delivery of the ordered goods. An appropriate deadline is regarded as a period of 5 working days at most. We are entitled to only partially accept orders or refuse them without specifying any reasons. If you nevertheless do not receive confirmation despite providing us with a valid email address, please contact us at firstname.lastname@example.org
2 Registration on our Website, Website Access
2.1 Registration is not required to place an order.
2.2. Customers must be at least 18 years old with full legal capacity. With the submission of the registration form and the order, the Customer confirms the accuracy of the information he / she has provided, in particular his / her name, age, legal capacity, and address.
2.3 As a new user, you can log in by entering a username – that doesn’t need to be identical to your name – and additionally setting a password. Then click on <Register>. In order to register, please provide your name, optionally also your nickname, your email address (for order confirmations) and a password. Following this, you shall gain access to your account. You can add information such as your billing address and another delivery address in your account.
2.4 The Customer is responsible for safeguarding his / her access code. We are only able to verify whether an access code matches properly activated client authorisation. We are not obligated to perform any further verifications. Each person that logs in with activated client authorisation for the website and the corresponding access code is deemed legally authorised to place orders for the Customer with the access code in question. We recommend regularly changing your password.
2.5 We do not accept any liability for the uninterrupted provision of the website. We reserve the right to carry out works on the website that may lead to shutdowns/interruptions at any time, also without prior notification. We are also not obligated to provide a certain server capacity, which may lead to overloads and long response times in certain cases.
3 Prices, Delivery, and Shipping Costs
3.1 The prices listed on the website are the end consumer prices incl. VAT. We shall inform the Customer of all additional freight, delivery, shipping and other costs prior to the submission of his offer, provided these costs can reasonably be calculated in advance. If these costs cannot be reasonably calculated in advance, we shall point out possible costs that may be incurred prior to the submission of the offer by the Customer.
4 Payment Terms
4.1 Unless otherwise agreed, our claims for payment must be paid in full without delay prior to delivery of the ordered products. The purchase price can be paid when products are purchased on our website using the following payment methods: PayPal, Sofort Überweisung/Klarna Stripe, and Amazon Pay.
5 Withdrawal / Cancellation Notice
5.1 Cancellation Notice
To Alpinia Laudanum GmbH, Wipplingerstraße 29/4, 1010 Vienna
I/we hereby cancel the contract concluded for the item ……………, which I/we ordered on …../received on……. .
Please refund the payment to the following account:
Name(s) of the Customer(s): …………………………………………
Address: ……………… ………….. ……………………………….
Date, Signature: ……………… ………….. ……………………………….
5.2 The cancellation period is as follows:
5.2.1 For purchase agreements and other contracts linked to the purchase of goods, the contract may be cancelled within 14 days after the date on which the Customer or a third party, other than the carrier, designated by the Customer acquires possession of the goods, or the last partial consignment, or the last goods delivered (Section 11.2.2 lit a) to c) of the Austrian Act on Off-Premises and Distance Contracts).
5.2.2 For contracts concerning the regular delivery of goods over a specified period, the cancellation period is 14 days as of the date on which the Consumer or a third party, other than the carrier, designated by the Consumer acquires possession of the last goods delivered.
5.2.3 The cancellation period as per Sections 5.2.1 to 5.2.2 is deemed adhered to if the cancellation notice is sent within the stipulated period. However, please take into account that the cancellation notice must be received by us to be effective (you shall bear the risk for postal or electronic disclosure such as by fax or email).
5.3 If we fail to fulfil our duty to provide information as per Section 4.1.8 of the Austrian Act on Off-Premises and Distance Contracts, the cancellation period prescribed by Section 5.2 shall be extended by a further 12 months. If we fulfil our duties to provide information within this period, the cancellation period shall expire 14 days after the date on which the Customer receives the information in question.
5.4 If the Customer cancels this contract, we must return all payments that we have received from him / her, including any delivery costs (with the exception of additional costs incurred by the Customer’s selection of a different type of delivery than the least expensive standard delivery offered by us) immediately, at the latest within 14 days after the date on which we receive notification of the Customer’s cancellation of the contract. We shall use the same payment method that the Customer used for the original transaction to refund the relevant payments, unless otherwise explicitly agreed with the Customer. The Customer shall not be liable to pay any costs for this refund in any regard. For purchase agreements and other contracts linked to the purchase of goods, we reserve the right to delay the refund until we have either received the returned goods or the Customer provides us with evidence that the goods have been returned, provided we have not offered to collect the goods ourselves.
5.5 The Customer must return or deliver the goods to us immediately, in any case within 14 days after the day on which he notified us of his cancellation of the contract. This notice period is deemed adhered to if the Customer sends the goods within the notice period of 14 days. The Customer must bear all direct costs associated with the return of the goods, provided we have informed him of his duty to bear the costs for the return shipment. The Customer shall only be liable for any loss of value for the goods if this can be attributed to handling of the goods that exceeds testing the nature, properties, and functioning of the goods by the Customer. The Customer shall not be liable for any loss of value for the goods in any case if we failed to inform him of his cancellation right.
5.6 In the case of a contract that includes services, if the Customer demands that the performance of these services commences during the cancellation period, he / she must pay an appropriate fee that corresponds to the portion of services that were performed prior to receiving notification from the Customer that he / she would like to exercise his cancellation right in relation to this contract proportional to the entire scope of the services included in the contract.
5.7 As per Section 18.1 of the Austrian Act on Off-Premises and Distance Contracts, the Customer shall not be entitled to cancel concluded contacts concerning:
5.7.1 Services, if we – on the basis of an explicit request from the Customer as per Section 10 of the Austrian Act on Off-Premises and Distance Contracts and confirmation of the Customer regarding his / her acknowledgement of the loss of the cancellation right upon full completion of contractual duties – have commenced with the performance of services and the services were rendered in full prior to the expiration of the cancellation period as per Section 11 of the Austrian Act on Off-Premises and Distance Contracts;
5.7.2 Goods or services for which the price thereof is dependent on market fluctuations upon which the Commercial Enterprise has no influence and that may occur during the cancellation period;
5.7.3 Goods that are produced as per Customer specifications or clearly tailored to personal requirements;
5.7.4 Goods that spoil quickly or have a short expiry date;
5.7.5 Goods that are delivered sealed that cannot be returned due to health protection or hygiene reasons, provided the seal was removed after delivery;
5.7.6 Goods that have been inseparably mixed with other goods after delivery by reason of their nature;
5.7.7 Alcoholic drinks, the price of which was agreed at the time of the conclusion of the contract, that can only first be delivered 30 days after the conclusion of the contract and the price of which is dependent on market fluctuations, on which the Commercial Enterprise has no influence;
5.7.8 Audio or video recordings, or computer software that was delivered in sealed packaging, provided the seal was removed after delivery;
5.7.9 Newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
5.7.10 Services related to the movement of goods, delivery of foods and drinks, and services that are rendered in relation to leisure activities, provided a certain time or date has been contractually agreed for the fulfilment of the contractual services by the Commercial Enterprise;
5.7.11 The delivery of digital content that is not stored on a physical data carrier, such as e-books, if the Commercial Enterprise – with explicit approval from the Customer combined with his / her acknowledgement of the loss of the cancellation right upon premature commencement of the contractual duties and after the provision of a copy or confirmation as per Section 5.2 or 7.2 of the Austrian Act on Off-Premises and Distance Contracts – commences with the delivery prior to the expiration of the cancellation period as per Section 11 of the Austrian Act on Off-Premises and Distance Contracts.
5.8.1 If the agreed payment amounts to less than EUR 50, the Customer shall be entitled to the following cancellation right as per Section 3 of the Austrian Consumer Protection Act: If the Consumer submitted his / her declaration of willingness to enter into a contract neither at the premises used by the Commercial Enterprise for its commercial purposes on a long-term basis or at a booth used by the Commercial Enterprise as a trade fair or market, the Consumer shall be entitled to withdraw from his / her contract application or contract. This cancellation can be declared prior to the conclusion of the contract or within 14 days thereafter. The course of this cancellation period shall commence with the delivery of a document, containing at least the name and address of the Commercial Enterprise, the information required to identify the contract and information on the cancellation right, the cancellation period and the procedure for exercising the right to cancel to the Consumer, however, it shall commence at the earliest upon the conclusion of the contract or, in the case of a purchase agreement for goods, on the date the Consumer acquires possession of the goods. If the Commercial Enterprise fails to send this document to the Consumer, the Consumer shall be entitled to the cancellation right for the delivery of goods for a period of 12 months and 14 days after the date on which the contract was concluded; if the Commercial Enterprise subsequently provides the document in question within 12 months after the commencement of this period, the extended cancellation period shall expire 14 days after the date on which the Consumer receives the document.
5.8.2 In this case, the conditions of Sections 5.4 and 5.5 shall apply to exercising the cancellation right. The template cancellation notice found in Section 5.1 can be used to this end.
5.8.3 The Customer shall not be entitled to cancel the contact if he / she initiated the business relationship with the Commercial Enterprise or its representatives with the aim of concluding this contract; if the conclusion of the contract was not precluded by any discussions between the parties and their representatives; in the case of contracts, whereby services must be rendered by both parties immediately, if these services would usually be performed outside the party’s business premises and the agreed fee is EUR 25; if the contract shall not be performed at the regular business premises by nature and the agreed fee does not exceed EUR 50; in the case of contracts that are subject to the Austrian Act on Off-Premises and Distance Contracts (in this case the cancellation right shall apply as per Sections 5.1 to 5.7) or in the case that the declaration of willingness to enter into a contract was submitted by the Customer in the physical absence of the Commercial Enterprise, unless he / she was urged to submit the declaration in this manner by the Commercial Enterprise.
6 Retention of Title
6.1 All goods delivered by us shall remain our property until full payment of all of our claims arising from the respective delivery.
6.2 The Customer must treat the goods with due care during the period of retention of title. He / she must inform us of all third-party access to the goods, in particular enforcement measures, damage or destruction of the goods. In the case of culpability, the Customer must reimburse all damages and costs attributable to a breach of these duties and required intervention measures to safeguard the goods against third-party access.
7.1 The statutory warranty conditions shall apply for the Customer in the case of defects in the goods (Section 8 of the Austrian Consumer Protection Act). A warranty case shall not exist in the case of damage caused by improper use or handling of the product. The same apples for normal wear and tear.
7.2 The product images on the website and/or in our folders may vary in appearance with regards to colour and size from the delivered products due to the display resolution and size. The delivered goods shall be deemed in line with the contract if the delivered items correspond to the other product specifications.
7.3 Provided the Customer is a Consumer within the meaning of the Austrian Consumer Protection Act, he / she must check the delivered goods upon receipt, if possible, for completeness, accuracy, and other freedom from defects, in particular for the intactness of the packaging, and inform us of any defects with a short description thereof by email at email@example.com. This helps us to ensure quick and effective processing of any complaints. Failure to conform with this duty shall not lead to any limitations of the Consumer’s statutory warranty rights.
7.4 If the Customer demands that the goods are returned to us and the goods in question are confirmed to be defective, we shall bear the corresponding costs. Otherwise, all costs for sending the goods must be borne by the Consumer. Defective goods must only be returned if we have explicitly requested the return thereof.
8.1 We are liable for damages as per the applicable statutory provisions. However, liability for damages caused by slight negligence is hereby excluded. This limitation of liability shall not apply to damages attributable to injury to life, body, or health of people and to claims as per the Product Liability Act.
Declaration on the Duty to Inform
The protection of your personal data is of the utmost importance to us. Please find all information on this topic at the following link: https://alpiniashop.com/en/privacy-policy/
10 Place of Jurisdiction, Governing Law, Miscellaneous
10.1 The place of jurisdiction for all disputes arising from this contract is the competent court responsible for the 1010 district of Vienna, with the exception of the cases specified in Section 11.2. Our authorisation to launch proceedings against the Customer before another court responsible for the Customer in this case remains unaffected by the above provision.
10.2 If the Customer is a Consumer and a resident of Austria or has his habitual domicile or works in Austria at the time the contract is concluded, proceedings may only be opened against him / her at the court responsible for the location in which the district of residence, habitual domicile, or place of employment is situated. If the Customer is a Consumer who resides or habitually domiciles in another EU member state at the time the contract is concluded and we carry out professional or commercial activities in the member state of the EU in which the Consumer resides, or direct such activities to this member state or to several states by any means, including this member state, and if the contract falls within the scope of these activities, the Consumer’s dispute may also be heard before a court in the location where the Consumer resides; any disputes against the Consumer may only be heard before the courts of the member state in which the Consumer resides.
10.3 This agreement shall be governed by the material law of the Republic of Austria, to the exclusion of the reference norms and the UN Sales Convention. For Consumers, this governing law shall only apply provided the protection granted by mandatory statutory provisions valid in the state of the Consumer’s habitual residence is not revoked.
10.4 If individual provisions of these T&Cs are found to be invalid in whole or in part, this shall not affect the validity of the remaining provisions and contracts that are concluded on the basis thereof. The provision that has been found to be invalid in whole or in part shall be replaced with a provision in contracts with Commercial Enterprises that comes as close as possible to the intent and objective of the original provision.
SECTION II. – Business Conducted with Commercial Enterprises
If a contract as per Section 1.1 is concluded with a Commercial Enterprise, the following deviating conditions shall additionally apply:
If the Customer is a Commercial Enterprise, it must check the delivered goods for completeness, accuracy and other freedom from defects, in particular the intactness of the packaging, upon receipt of the goods. If defects are found, these must be reported by the Commercial Enterprise to Alpinia by email at firstname.lastname@example.org within an appropriate period of time, at the latest 4 working days after receipt of the goods. Defects that are discovered at a later date must also be reported without delay, at the latest 4 days after the date on which they are discovered. If the Commercial Enterprise fails to find or report any defects within the complaints period, the delivery shall be deemed accepted and all claims, such as warranty claims, disputes over errors and claims for compensation due to deviations or damages that have not yet been determined (Section 377 of the Austrian Corporation Code), shall expire. The above provisions shall also apply with regards to any false deliveries or deviations in the delivered volume.
If the Customer is a Commercial Enterprise, solely we shall be entitled to select the legal remedy to eliminate any defects that are reported within the complaints period. We reserve the right to change the specified arrangement at any time.
If the Customer is a Commercial Enterprise, it must bear the costs for the return of the goods for improvement or exchange purposes.
8.2 Customers that are Commercial Enterprises must provide evidence of intent or gross negligence and assert any corresponding claims for damages within one year after the transfer of risk. The provisions related to compensation included in these T&Cs or other agreed terms shall also apply if the claim for damages is asserted alongside or instead of a warranty claim.
8.3 If the Customer is a Commercial Enterprise, any recourse claims as per Section 12 of the Austrian Product Liability Act are hereby excluded, unless the party entitled to recourse is able to prove that we are culpable for the error due to gross negligence, at a minimum.
II/3 Retention Ban and Offsetting
9.1 Justified complaints shall not entitle Customers that are Commercial Enterprises to retain the payment amount. Alleged counterclaims may only be offset against claims for payment with our express prior consent.
II/4 Governing Law, Place of Performance, and Jurisdiction
This agreement shall be governed by the law of the Republic of Austria, to the exclusion of the reference norms and the UN Sales Convention. The place of performance is Vienna 1010. The District Court for Commercial Matters or the Commercial Court in Vienna shall exclusively be the competent courts for any disputes arising from or in relation to these T&Cs, according to the disputed amount.