General Terms and Conditions of Deep Nature Project GmbH, FN 253527 i

Name: Deep Nature Project
Address: Untere Hauptstraße 168, Gols, AT-7122, Austria
Telephone: +43-681-10139055

GTC

Valid from 3 February 2022

Scope of application
1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to the sale and delivery of goods by Deep Nature Project GmbH (hereinafter referred to as "DNP" or the "Company") to its customers.
2. The GTC may be amended by DNP at any time and the version current at the time of the customer's order always applies.
3. Deviating terms and conditions are not accepted by DNP and are therefore not applicable, unless DNP has agreed to them in writing or by email before accepting the order.
4. By placing an order, the customer expressly accepts these GTC.
Conclusion of Contract
1. The contracting party is: Deep Nature Project GmbH with registered office in Gols and business address at Untere Hauptstraße 168, 7122 Gols, Austria, registered in the commercial register of Eisenstadt Regional Court under company register number FN 253527i.
  Managing director: Andrea Bamacher
  UID: ATU61164411
  Tel: +43(0)681 10139055
  Email: office@deep-nature.at
  http://www.deepnatureproject.com/
2. The offer of goods on the Company's website is not a binding offer to sell. Only by placing an order does the customer make a binding offer, which is done by clicking the "Buy now" button after completing the online order form or by placing an explicit order by telephone.
3. DNP accepts the customer's offer by sending an order confirmation by email or by actually delivering the ordered goods ("implied acceptance of the contract through actual performance"). DNP is entitled to reject an order, including without giving reasons. If an order is made up of multiple items, the contract shall only be concluded for those items which are expressly listed in the order confirmation or which are actually delivered.
4. The contract text (the order) is stored by DNP and, via implemented technical measures, can no longer be accessed or displayed after the order process has been completed.
Prices and Shipping Costs
1. The prices offered for the goods are valid at the time of the order and are gross prices in euros. For deliveries in Austria, the prices include all statutory taxes and duties. However, the prices offered do not include any packaging and shipping costs.
2. The prices are based on the costs applicable at the time that the price was indicated for the first time. If the costs change by the time the purchaser places an order, DNP shall be entitled to adjust the prices accordingly. The currently binding prices are shown on the Company's website at https://deepnatureproject.com/.
3. 3. The sales prices do not include costs for delivery or shipping. All costs incurred for shipping shall be borne by the purchaser. The applicable shipping costs are available on the Company's website at https://www.deepnatureproject.com/en_INT/shipping-and-delivery-policy . By placing an order, the customer expressly accepts the shipping conditions.
Payment and Advance Payments, retention of title
1. Goods must be paid for in advance. Payment must therefore be made in advance by bank transfer, free of charges and deductions, to the Company's account at Raiffeisenlandesbank Burgenland und Revisionsverband eGen, Friedrich Wilhelm Raiffeisen-S 1, 7000 Eisenstadt, Austria, registered in the commercial register of the Eisenstadt Regional Court under company register number FN 121834v, using IBAN AT98 3300 0000 0113 6076 and BIC RLBBAT2E. After separate written agreement with DNP, the customer may also choose an alternative method of payment (cash on delivery, credit card, cash payment, bank transfer or via a payment service provider). Payment methods offered by external payment providers are, where applicable, subject to the provider’s general terms and conditions and data protection declaration. Should a payment service provider be chosen, the customer will be redirected to the web page of the selected payment service provider, where the customer will carry out the payment.
2. Cash discounts require a separate, written agreement. In the event of default in payment, including any partial payment, any cash discount agreements shall cease to apply. Payments by the customer shall be deemed to have been made only at the time they are received in the Company's account.
3. If the customer is in default in payment, DNP shall be entitled to demand default interest at the statutory rate. If the customer is in default in payment, DNP shall also be entitled to demand compound interest from the day of delivery of the goods.
4. Payments made to DNP employees shall only be recognised if confirmed by a cash receipt. This provision does not apply to transactions with consumers within the meaning of the Austrian Consumer Protection Act (KSchG).
5. DNP retains title to all goods until payment of the purchase price in full including accompanying charges and any default interest. Asserting reservation of title shall only constitute a withdrawal from the contract if such withdrawal is expressly declared. If goods are returned, DNP shall be entitled to charge any incurred transport and handling costs. In the event of third-party claims to the goods subject to retention of title, in particular by way of seizure, the customer undertakes to inform other parties of DNP's title and to notify DNP without delay. If the customer is a consumer or is not an entrepreneur whose ordinary business includes trading in the goods purchased from DNP, the customer must not dispose of the goods subject to retention of title, in particular sell, pledge, give away or lend such goods, until the outstanding purchase price has been paid in full. The customer assumes the full risk for the goods subject to retention of title, in particular the risk of destruction, loss or deterioration.
Orders, delivery period and obstacles to delivery
1. Acceptance of orders is always subject to availability. The delivery period for each order is specified in the applicable order confirmation and, unless otherwise stated, is usually three to five working days in Austria. For deliveries outside Austria, the delivery period may be longer. Specified delivery times apply from receipt of payment and are not binding.
2. If DNP cannot deliver and cannot offer the purchaser a new delivery date, DNP is entitled to withdraw from the contract in whole or in part without being liable for damages. Similarly, the purchaser may also withdraw from the contract in such cases.
3. In all cases, the Company does not accept orders and does not deliver to countries where special regulatory provisions or other legal provisions prohibit the delivery of goods to that country or make such delivery subject to special official approvals.
4. Changes to or cancellations of orders by the purchaser must always be made in writing (including by fax or by email). DNP reserves the right in specific cases also to accept declarations in another form.
5. Delivery is made by the Company's employees or a suitable transport company of DNP's choice. If the customer has not taken delivery of the goods as agreed (default in acceptance), DNP shall be entitled, after setting a grace period which has expired unsuccessfully, to store the goods, for which a storage fee of 0.1% of the gross invoice amount shall be charged per calendar day or part thereof. At the same time, DNP shall be entitled either to insist on performance of the contract or to withdraw from the contract after setting a reasonable grace period of at least 2 weeks, and to dispose of the goods elsewhere. Any amount that cannot be settled from the proceeds of disposal shall be charged to the customer.
6. In the event of default in acceptance or other substantial reasons, such as in particular insolvency of the customer or rejection of an application to open insolvency proceedings for lack of assets or a breach of legal provisions, as well as in the event of default in payment by the customer, DNP shall be entitled to withdraw from the contract, provided that it has not yet been performed in full by both parties. In case of withdrawal, DNP shall be entitled to claim liquidated damages of 15% of the gross invoice amount without prejudice to any claim for the actual loss incurred.
7. In the event of default in payment by the customer, DNP shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or performance and to demand advance payments or security or to withdraw from the contract after setting a reasonable grace period. If the customer – without being entitled to do so – withdraws from the contract or wishes to cancel the contract, DNP shall have the choice of insisting on performance of the contract or agreeing to cancellation of the contract; in the latter case, the customer must, at DNP's option, pay liquidated damages of 15% of the gross invoice amount or the actual loss incurred.
Transfer of Risk
1. If the purchaser collects the goods in person, use and risk shall pass to the purchaser at the latest when the goods are handed over after payment.
2. If the goods are delivered, DNP shall determine the mode and route of transport. In case of delivery, use and risk shall not pass to the purchaser until the goods are handed over by the carrier to the purchaser.
Right to cancel for consumers
1. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the customer may cancel the contract within 14 days of receipt of the goods without stating reasons. A detailed cancellation policy is available on the Company's website at https://www.deepnatureproject.com/en_INT/revocation. A form for submitting notice of cancellation is also provided on the website. For this repayment, DNP shall use the payment method that the customer chose when playing the order, unless expressly agreed otherwise with the customer; in no event shall the customer be charged additional fees as a result of this repayment.
Warranty
1. The warranty provisions of the Austrian Civil Code (ABGB) apply to all deliveries and services provided by the Company in accordance with the following provisions.
2. Promises, such as regarding the usability or special properties of the goods, or declarations by DNP's employees are non-binding and do not constitute an express undertaking as to certain characteristics.
3. Warranty claims require defects to be reported to DNP without delay, which means obvious defects are reported immediately upon acceptance and hidden defects are reported after discovery and the opened goods and original invoice are presented with the claim.
4. A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
5. DNP shall fulfil its warranty obligations at its discretion either by delivery of defect-free goods, improvement, subsequent delivery of missing quantities or rescission of the contract (i.e. repayment of the purchase price) within a reasonable period of time.
6. For transactions with consumers within the meaning of the Austrian Consumer Protection Act (KSchG), the following shall apply in place of clauses 8.2 to 8.5: in the event of a defect, the customer may, at its discretion and in compliance with the statutory provisions, demand improvement, replacement of the item, a reasonable price reduction or cancellation.
7. Matters of taste, customary or minor deviations in quality, quantity, colour, size, weight, equipment or design for technical reasons shall not constitute warranty defects or non-performance of the contract. In particular, it must be noted that the Company's goods are natural products which can by their nature vary in fragrance, appearance and composition from batch to batch.
8. DNP shall not be liable for conformity of taste, colour, material or pattern or other matching characteristics of subsequently ordered goods. This also applies to goods ordered off samples, insofar as the deviation remains within customary and technical limits.
9. Any warranty shall be excluded after tasting or consumption or once preparation and treatment of the goods has begun.
Damages
1. Limitation of liability
  The following restrictions do not apply to customers who are consumers within the meaning of the Austrian Consumer Protection Act (KSchG). DNP shall only be obliged to pay damages for property damage to entrepreneurs in the event of intent or gross negligence. In the event of minor negligence, DNP shall only be liable for personal injury to entrepreneurs. Liability vis-à-vis entrepreneurs shall become statute-barred six (6) months after the customer has become aware of the damage and the damaging party.
2. Exclusion of liability
  DNP shall not be liable to entrepreneurs for indirect loss, loss of profit, loss of interest, failure to make savings, consequential and financial loss, loss arising from third-party claims, for the loss of data and programs or for restoring data and programs.
3. Contractual penalty
  If, in any circumstances, a contractual penalty has been agreed, it is still subject to the court's power to reduce the amount. Asserting claims for damages in excess of the contractual penalty is excluded.
Electronic Processing of of customer data
1. The purchaser consents to the personal data about him/her stated in the purchase contract and disclosed during registration or ordering being stored and processed in compliance with the provisions of the Austrian Data Protection Act. These data are used, to the extent necessary in each case, to comply with legal requirements, to process payment transactions, for customer care and for marketing purposes. The customer also agrees to receive mailings from DNP by electronic mail (e.g. by email) for advertising purposes. This consent can be revoked at any time by sending an email to office@deep-nature.at.
Miscellaneous
1. If individual provisions of the contract or these General Terms and Conditions are invalid, the validity of the contract as a whole and/or the General Terms and Conditions as a whole shall remain unaffected. The remaining content of the contract and/or the remaining General Terms and Conditions shall continue unchanged.
2. The place of performance for both DNP and the purchaser is the Company's registered office.
3. All disputes arising from or in connection with the contract shall be governed by Austrian law, to the exclusion of the international conflict of law rules and to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
4. The competent court at the Company's registered office shall have exclusive jurisdiction to decide on all disputes arising in connection with the contractual relationship. Mandatory places of jurisdiction for consumers remain unaffected.