General Terms and Conditions

• 1 Scope and provider

(1) These General Terms and Conditions apply to all orders that you place in the online shop www.masino-olivenoel.at of the sole proprietorship, Dane Suvajac, Managing Director: Dane Suvajac.

E-mail: office@masino-olivenoel.at

(2) The range of goods in our online shop is aimed exclusively at buyers who are 18 years of age or older.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is hereby expressly prohibited.

(4) The contract language is exclusively German.

(5) You can access and print the currently valid general terms and conditions on the website.

 

• 2 Conclusion of contract

(1) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2) By clicking the "Submit order" button, you are making a binding purchase offer (Section 145 of the German Civil Code).

(3) After receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not concluded by the confirmation of receipt.

(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you - without prior express declaration of acceptance.

(5) Orders are only possible in normal household quantities.

 

• 3 Prices

The prices stated on the product pages include statutory VAT and other price components and are plus the respective shipping costs and, where stated, plus deposit.

 

• 4 Terms of payment; Default

(1) Payment can be made by:

Invoice in advance, credit card or PayPal.

(2) If you choose to pay in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the goods.

(3) If you pay by credit card, the purchase price is reserved on your credit card at the time of the order ("authorization"). Your credit card account is actually debited at the time we send the goods to you.

(4) If you default on a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. If you default on a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. For each reminder letter sent to you after the default has occurred, you will be charged a reminder fee of EUR 3.50, unless lower or higher damages can be proven in individual cases.

(5) In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

• Invoice: The payment period is 14 days from dispatch of the goods/ticket/or, for other services, from the provision of the service. The invoice terms can be found here.
• Immediately: Your account will be debited immediately after you place your order.
• Credit card (Visa/ Mastercard)
• Direct debit: The debit will be made after the goods have been dispatched. You will be informed of the time by email.

The use of the payment methods invoice and direct debit requires a positive credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and as set out in Klarna's privacy policy treated.

 

• 5 Offsetting/right of retention

(1) You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us, or is in a close synallagmatic relationship to our claim.

(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

 

• 6 Delivery

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have specified.

(2) Deliveries are only possible within Austria and Germany.

(3) If not all of the products ordered are in stock, we are entitled to make partial deliveries, provided this is reasonable for you. Any deadlines only begin with the receipt of the last partial delivery.

(4) If the delivery of perishable goods is the subject of this contract, the following applies: The customer ensures the acceptance of perishable goods on the agreed delivery date by taking appropriate precautions, e.g. by accepting the goods himself, appointing a person to accept them at the specified delivery address or informing the seller of the name and address of a neighbor who is willing and authorized to accept them.

(5) When ordering loose goods, i.e. goods that are weighed individually for the customer (e.g. fruit, vegetables, meat, sausage and cheese), there may be deviations in quantity. The price to be paid is determined on the basis of the basic price. The basic price is stated in EUR per unit of quantity (e.g. EUR per 100ml, 100g, 1kg, 1l). The price to be paid by the customer then refers to the quantity actually weighed. This can lead to slight differences between the price stated in the online shop when the order is sent and the actual invoice price. We will endeavour to keep such deviations as small as possible.

(6) Delivery of ordered goods is subject to the availability of the goods. If the goods are not available at the time of ordering, the customer will receive a notification of the expected delivery date and the order will be reserved by us. As soon as the goods are in stock, they will be dispatched to the customer without further notification to the customer. In the event of unavailability, in particular because a limited stock of goods marked as such has been exhausted (e.g. vintage wine), the customer will be informed by us. Any payments already made will then be refunded immediately.

 

• 7 Retention of title

(1) The goods remain our property until the purchase price has been paid in full.

(2) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code , the following applies in addition:

– We retain title to the goods until all claims from the current business relationship have been settled in full. Before ownership of the reserved goods has been transferred, pledging or transferring ownership as security is not permitted.

– You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.

– If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

– We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.

 

• 8 Cancellation policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making the purchase for purposes that cannot predominantly be attributed to your commercial or independent professional activity, you have a right of cancellation in accordance with the following provisions.

 

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of cancellation, you must inform us

Company: Dane Suvajac

Address: Hähergasse 12/6/17, 2320 Rannersdorf

E-mail: office@masino-olivenoel.at

by means of a clear statement (e.g. a letter sent by post or email) of your decision to cancel this contract.

You can use the attached sample cancellation form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

 

Consequences of cancellation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us or to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.

 

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

 

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Sample cancellation form

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

To

Company:

Address:

E-mail:

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of Consumer(s):

Address of the consumer(s):

 

Signature of the consumer(s) (only if notification is made on paper)

Date

(*) Delete as appropriate.

 

End of the cancellation policy

(1) The right of cancellation does not apply to the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is necessary is reasonable or which are clearly tailored to the personal needs of the consumer, for the delivery of goods which can spoil quickly or whose expiration date would be quickly exceeded, for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery or for the delivery of alcoholic beverages whose price was agreed upon conclusion of the contract but which cannot be delivered until 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

(2) Please avoid damage and contamination. Please send the goods back to us in their original packaging with all accessories and packaging components if possible. Use protective outer packaging if necessary. If you no longer have the original packaging, please ensure that you use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to inadequate packaging.

(3) Please call us on +43 664 8381166 before returning the item to announce the return. In this way, you enable us to allocate the products as quickly as possible.

(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

 

• 9 Transport damage

 (1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and please contact us as soon as possible.

(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.

 

• 10 Warranty

 (1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used items is - in deviation from the statutory provisions - one year. This restriction does not apply to claims based on damages resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation), as well as to claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) In all other respects, the statutory provisions apply to the warranty.

(4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications:

– Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.

– You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.

– In the event of defects, we will provide a warranty by repair or replacement delivery (subsequent performance) at our discretion. In the event of repair, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

– If subsequent performance fails twice, you can demand a reduction in price or withdraw from the contract at your discretion.

– The warranty period is one year from delivery of the goods.

 

• 11 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for damages resulting from slight negligence resulting from injury to life, body and health of persons.

(2) In The following limited liability also applies: In the case of slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our vicarious agents.

 

• 12 Final provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions.

(2) Contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law").

(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is the court of jurisdiction.