Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Term and Termination of Subscription Contracts
7. Retention of title
8. Liability for Defects (Warranty)
9. Redeeming promotional coupons
10. Redeeming gift certificates
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope

1.1These General Terms and Conditions (hereinafter "GTC") of True Organic Cosmetics KG (hereinafter "Seller") apply to all contracts concluded between a consumer or business (hereinafter "Customer") and the Seller regarding the goods and/or services offered by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2These Terms and Conditions apply mutatis mutandis to contracts for the provision of gift certificates, unless otherwise expressly provided.

1.3For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.

1.4For the purposes of these Terms and Conditions, a “business operator” means a natural person, a legal entity, or a partnership with legal capacity that acts in the course of its commercial or independent professional activities when entering into a legal transaction.

1.5Depending on the Seller’s product description, the subject matter of the contract may be either the purchase of goods via a one-time delivery or the purchase of goods via a recurring delivery (hereinafter “Subscription Agreement”). Under the subscription agreement, the seller undertakes to deliver the contractually agreed goods to the customer for the duration of the agreed contract term at the contractually agreed intervals.

2) Conclusion of the Contract

2.1The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.

2.2The customer may submit an order using the online order form integrated into the seller’s online store. In doing so, after placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract regarding the goods and/or services contained in the shopping cart by clicking the “Place Order” button that concludes the ordering process.

2.3The seller may accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date the customer receives the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
• by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4If you select a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5When a customer submits an offer via the Seller’s online order form, the Seller will save the contract text and send it to the customer in writing (e.g., via email, fax, or letter) along with these Terms and Conditions after the customer submits their order. In addition, the contract text is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected customer account by entering the corresponding login credentials, provided the Customer has created a customer account in the Seller’s online store prior to submitting their order.

2.6Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7The contract may be concluded in German.

2.8Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1Consumers generally have the right to cancel.

3.2Further information regarding the right of withdrawal can be found in the seller’s cancellation policy.

3.3The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.

4) Prices and Payment Terms

4.1Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs will be listed separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs associated with money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The customer has various payment options available, which are listed in the seller’s online store at the very beginning of the ordering process.

4.4If payment in advance has been agreed, payment is due immediately upon conclusion of the contract.

4.5If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered via Shopify Payments are communicated to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions that the customer may be notified of separately. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms

5.1Unless otherwise agreed, goods will be shipped to the delivery address provided by the customer. For the purposes of processing the transaction, the delivery address specified in the seller’s order processing system shall be decisive.

5.2If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply with respect to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provisions set forth in the seller’s cancellation policy shall apply if the customer effectively exercises their right of cancellation.

5.3For logistical reasons, self-pickup is not possible.

5.4Vouchers are provided to the customer as follows:

- by email

6) Term and Termination of Subscription Contracts

6.1Subscription agreements are entered into for an indefinite term, but for no less than the minimum term specified in the relevant product description in the Seller’s online store. The subscription agreement may be terminated at any time during the minimum term, effective at the end of the minimum term, and at any time after the minimum term has expired, subject to a 14-day notice period.

6.2The right to terminate the contract for cause remains unaffected. Cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiration of a notice period.

6.3Notices of termination may be given in writing, in text form (e.g., by email), or electronically via the termination feature (termination button) provided by the seller on its website.

7) Retention of Title

If the seller delivers the goods in advance, the seller retains title to the delivered goods until the purchase price owed and all associated costs and expenses have been paid in full.

8) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions regarding liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

8.1If the customer is acting as a business,

• the seller may choose the method of subsequent performance;
• For new goods, the statute of limitations for claims arising from defects is one year from the date of delivery;
• For used goods, claims for defects are excluded;
• the statute of limitations does not start anew if a replacement delivery is made under the warranty for defects.

8.2The limitations of liability and shortened time limits set forth above do not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• for goods that have been used in a building in accordance with their normal intended use and have caused defects in the building,
• regarding any obligation the seller may have to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.3Furthermore, with respect to business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4If the contract constitutes a business transaction for both parties within the meaning of Section 343(2) of the Austrian Commercial Code (AT-UGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the Austrian Commercial Code (AT-UGB). If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.

8.5If the customer is acting as a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller of this. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.

9) Redeeming promotional coupons

9.1Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”), may only be redeemed in the Seller’s online store and only during the specified promotional period.

9.2Certain products may be excluded from the coupon promotion if such a restriction is specified in the terms of the promotional coupon.

9.3Promotional coupons can only be redeemed before the order process is completed. They cannot be applied retroactively.

9.4Only one promotional coupon may be redeemed per order.

9.5If the promotional voucher specifies a specific amount rather than a percentage discount, the value of the merchandise must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.

9.6If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the remaining balance.

9.7The value of a promotional voucher will not be paid out in cash nor will it accrue interest.

9.8The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.

9.9The promotional voucher is intended solely for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obligated, to verify the eligibility of the respective voucher holder.

10) Redeeming gift certificates

10.1Gift certificates that can be purchased through the Seller’s online store (hereinafter “gift certificates”) may only be redeemed in the Seller’s online store, unless otherwise specified on the gift certificate.

10.2Gift cards and any remaining balance on gift cards are valid until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiration date.

10.3Gift certificates can only be redeemed before the order process is completed. They cannot be applied retroactively.

10.4Only one gift certificate may be redeemed per order.

10.5Gift cards may only be used to purchase merchandise and not to purchase additional gift cards.

10.6If the value of the gift certificate is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the remaining balance.

10.7The balance of a gift card cannot be redeemed for cash and does not accrue interest.

10.8The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift certificate in the Seller’s online store. This does not apply if the Seller has knowledge of, or is grossly negligent in failing to recognize, the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

10.9 If the customer returns goods paid for in whole or in part with a gift certificate under their statutory right of withdrawal, the credit will be refunded in the form of a gift certificate. If a gift certificate purchased for a fee is returned—without having been used—under the statutory right of withdrawal, the customer will be refunded the purchase price of that gift certificate.

11) Governing Law

11.1All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11.2Furthermore, this choice of law does not apply with respect to the statutory right of withdrawal for consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are located outside the European Union.

12) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.