Terms & Conditions
The following general business conditions are valid for all deliveries and services made through the online shop finegrainedsoil.com. Provisions made by the customer which conflict or deviate from said business conditions are not recognized. FGS – Fine Grainded Soil (hereafter also referred to as the vendor) reserves the right as operator of the online shop to extend and/or amend the general business terms under notification of validity. When placing an order, the customer declares himself in agreement and legally bound to the present general business terms and conditions. With regard to legal transactions with consumers, in terms of the Austrian consumer protection laws, the present business and delivery conditions are valid insofar as they do not contradict the mandatorily applicable regulations of said consumer protection laws. For all business relations between FGS – Fine Grainded Soil and the customer, the following general business conditions are applicable exclusively in the version existing at the time the customer places his order.
The presentation of products in the online shop does not entail a binding offer on the part of the vendor. Rather, it is an invitation to the customer to submit to the vendor a legal offer to conclude a purchase agreement. Every order placed by the customer constitutes a binding offer to the vendor for the conclusion of a purchase agreement for an ordered product. By clicking “Place Order” in the Online Shop, the customer is tendering such an offer for the purchase of a product displayed in the shopping basket. In doing so, the customer is accepting the general business conditions as the sole conditions applicable to the legal relationship with the vendor. Messages are received by the vendor exclusively during the usual business opening hours (Monday through Friday from 9 p.m. to 5 p.m. with the exception of Austrian public holidays). Any messages sent to the vendor’s server outside these stated hours will only be considered received on the following business day. The vendor will confirm the receipt of the customer’s order with an email (Order Confirmation). However, this confirmation does not signify an acceptance of the order. The purchase agreement comes into effect when the vendor gives the customer an explicit sales confirmation or delivers the product.
The delivery of the product is made after receipt of payment. If, for reasons for which the vendor is not responsible, the delivery of a given product ordered by the customer should not be possible, this product will not appear in the sales confirmation. Therefore, for those products which do not appear in the sales confirmation, no contract will be carried out. The fulfillment of the order will occur within 30 days of the order confirmation. If the vendor should not be able to uphold this deadline, the customer will be immediately informed by email; therefore no delay can be attributed to the vendor. The transfer of rights from the contract concluded with the vendor to a third party requires the written consent of the vendor. The customer recognizes that the Internet is not a secure medium of communication, and that data that is sent via the Internet can become known to the public or altered by a third party. The customer bears the risk that the data may not reach the vendor in the form in which it was sent, or may not reach the vendor at all. The vendor, however, may trust that the form in which he receives the data, is the form in which it was sent by the customer.
Prices and Conditions of Payment
All prices given in the FGS – Fine Graindes Soil Shop are gross prices. According to § 6 Abs 1 Z 27 Austrian sales tax law we do not charge sales tax, and consequently do not account it. The prices applicable are the ones valid at the time of the customer’s order. The purchase price is payable promptly and in full before the delivery of the product is made. Should the purchase price not be paid, the customer will be considered in default of payment, even without receiving a separate notice. When receiving payment by credit card, the vendor reserves the right, before processing payment, to check if the customer’s credit card is valid and if there are sufficient funds to cover the purchase price. The debiting of the credit comes immediately before dispatch of the product from the vendor’s warehouse. Should the customer default on the payment of one or more of the ordered products, the vendor reserves the right, irrespective of other rights, to withhold the delivery of the order at his discretion until the outstanding payments have been made, or to rescind the contract following an appropriate grace period and demand compensation for non-payment. A compensation for the customer, who is a consumer in terms of the KSchG (consumer protection laws), is only permissible in the case of an insolvency on the part of the vendor, or with connected, undisputed, legally established claims. Contractors are not entitled to offset claims by the vendor and/or assert rights of retention.
Delivery, Transfer of Risk, Title Retention
Delivery is made to the address provided by the customer. Delivery is made after receipt of payment for delivery destinations within Austria, within 2-7 days, and for delivery destinations in other EU countries, within 2-14 days. The indicated delivery times are approximate guidelines and are not legally binding deadlines. Default on delivery estimates entitles the customer to withdraw from the contract when the vendor still does not carry out the delivery in spite of a two-week grace period agreed in writing. In the event of circumstances beyond the control of the parties, e.g. force majeure, operational malfunctions, interventions by the authorities, transport or customs delays, transport damage, w conflicts etc., the delivery period will be extended in proportion to the hindrance incurred. Insofar as the delivery of parts is possible, it is also legally permissible. Each delivery of parts counts as a transaction in and of itself and can be billed separately. Please notice that some custom duties may exist in your country. We are not able to calculate them or to add them to your invoice. The delivery of the product is made at the risk of the vendor. The risk of accidental loss or accidental deterioration of the product transfers to the buyer at the moment the product is dispatched. Until payment of the product at the purchase price is complete, the product remains the property of the vendor (title retention).
Rights of Withdrawal
If the customer is a consumer as defined by the Consumer Protection Laws (KSchG), he/she may withdraw from a contract concluded via distance selling or a contractual declaration made in a long-distance transaction within 14 business days (Saturdays notwithstanding) without stating any reasons for doing so. For contracts involving delivery of products, the withdrawal period begins on the day that the consumer has received the products. The declaration of withdrawal is to be made via email at firstname.lastname@example.org. The refusal to accept the delivered items does not constitute a declaration of withdrawal. In case of a withdrawal, a full or partial reimbursement of the purchase price will be issued as and when the products which the customer has received are returned. The condition for this is that the products be returned unused, undamaged and in saleable condition, as well as being in their original packaging accompanied by the original receipt. Packaging and delivery costs will not be reimbursed. The costs for returning the items are borne by the customer. The product is to be packaged appropriately for its safe return delivery. Damages to the product caused by improper packaging are at the expense of the customer. For any product that shows signs of use, or whose original packaging has been damaged, or is missing elements, we will factor in appropriate compensation at the expense of the customer. The right to return the product does not apply to discounted items or products purchased from a promotional offer.
Dunning and Collection Costs
In case of payment default the vendor is entitled to demand a flat rate of €10,00 for each reminder issued as well as a half-yearly fee of €3,00 for additional accruing management and record-keeping costs for the debt obligation in the dunning process. Furthermore, the vendor is entitled to pursue outstanding claims, in which case the customer will compensate all costs incurred in the prosecution of the requisite dunning and collection procedures as well as the costs for the retention of solicitors based on their legal fees.
The customer’s warranty claims are subject to the existing legal provisions. The legal warranty period is 1 years from receipt of the product. Any defects of the product should be reported as soon as they are discovered. If the customer is a contractor as defined by the Consumer Protection Laws (KSchG), he/she must verify that the delivered product is intact, complete, and free of defects, and should defects exist, he must report them without delay.
The vendor accepts no liability for damages, whatever their legal basis, in particular as pertains to delays, the impossibility of performance, positive violation of contractual duty, negligence in contracting, consequential harm caused by a defect, defects themselves, or for unlawful actions due to slight negligence on the part of the vendor or his legal representatives. Customers who are contractors as defined by the Customer Protection Laws (KschG), must give evidence of gross negligence or intentional wrongdoing. In the case of consumer transactions, personal injury and damage to objects taken on for further processing are excluded from non-liability.
Court of Jurisdiction / Place of Performance / Applicable Law
As a court of jurisdiction, all parties directly or indirectly involved in legal disputes agree on the local and competent court for Vienna, Austria.
The place of payment and performance for the obligations arising out of the present contract is Alser Straße 53/22, 1080 Wien.
In legal relationships with the customer, it is Austrian substantive law that applies, under the exclusion of the UN Sales Convention and the relevant provisions.