General terms and conditions with customer information (GTC)

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Dr. Reinhard Schmidl, trading under “GREEN-PRACTICE-SYSTEMS e.U.” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2. The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can submit the offer to the Seller by telephone, email, post or online contact form.

2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (order confirmation by email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after submitting the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends with the expiry 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 consequence that the customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after submitting their order together with the present General Terms and Conditions in text form (e.g. email or letter). 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 providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before submitting their order.

2.5 Before binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is magnified. The customer can correct their entries using the usual keyboard and mouse functions within the electronic ordering process until they click the button that concludes the ordering process.

2.6 The German language is available for the ordering process.

2.7 The order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct, so that the emails sent by the seller can be received at this address. In particular, if using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with the order processing can be delivered.

3. Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who are not members of any member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4. Prices and terms of payment

4.1 Unless otherwise stated in the product description of the seller, the prices quoted are total prices which include the statutory value added tax. If applicable, additional delivery and shipping costs will be stated separately in the respective product description or are listed during the ordering process.

4.2 For deliveries to countries within the European Union, additional costs may be incurred in individual cases which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money 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.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If payment is made using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal") in accordance with the PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the payment method „SOFORT Überweisung“ is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, D-80339 München (hereinafter „SOFORT“). In order to be able to pay the invoice amount via SOFORT Überweisung, the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in SOFORT Überweisung, legitimize themselves accordingly during the payment process and confirm the payment instruction to SOFORT. The payment transaction will be carried out by SOFORT immediately afterwards and the customer's bank account will be debited. Further information on the SOFORT Überweisung payment method can be found on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.

4.7 If the payment method „PayPal Invoice“ is selected, the seller assigns their payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the payment method „PayPal Invoice“ in the event of a negative check result. If the payment method „PayPal Invoice“ is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal has specified a different payment term. In this case, they can only make payment to PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and –submissions or credit notes, even in the event of the assignment of the claim. In addition, the General Terms of Use for the use of invoice purchases from PayPal apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.8 If the payment method „PayPal Express“ is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as „PayPal“) in accordance with the PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects „PayPal Express“ as the payment method as part of the online ordering process, they also issue a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the point in time when the customer triggers the payment process by clicking the button that concludes the ordering process.

4.9 If the EPS direct debit payment method is selected, the invoice amount is due after a EPS direct debit mandate has been issued, but not before the deadline for advance payment information has expired. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Advance information („Pre-Notification“) is any communication (e.g. order confirmation, invoice, policy, contract) from the seller to the customer that announces a debit via EPS direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit, although they are not entitled to do so, the customer must bear the fees incurred by the chargeback of the respective credit institution if they are responsible for this. The seller reserves the right to carry out a credit check when selecting the EPS direct debit payment method and to reject this payment method in the event of a negative credit check.

4.10 If the EPS direct debit payment method is selected, the invoice amount is due after a EPS direct debit mandate has been issued, but not before the deadline for advance payment information has expired. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Advance information („Pre-Notification“) is any communication (e.g. order confirmation, invoice, policy, contract) from the seller to the customer that announces a debit via EPS direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit, although they are not entitled to do so, the customer must bear the fees incurred by the chargeback of the respective credit institution if they are responsible for this. The seller reserves the right to carry out a credit check when selecting the EPS direct debit payment method and to reject this payment method in the event of a negative credit check.

4.11 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with Mollie B.V. (mollie.com, Keizersgracht 126, 1015 CW Amsterdam, Netherlands), to whom the provider assigns its payment claim. Stripe.com collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to mollie.com with debt-discharging effect. The credit card will be charged immediately after the customer's order is sent in the online shop. Even if the credit card payment method is selected via Stripe.com, the provider remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and -submissions or credit notes.

4.12 If the payment method „order by email“ is selected, the customer submits their purchase offer using the specified email form. If accepted by the seller, the customer receives an order confirmation with the payment instructions. The customer can then make the payment. The goods will only be delivered after receipt of payment.

5. Delivery and shipping conditions

5.1 The delivery of goods takes place by dispatch to the delivery address specified by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2 For goods that are delivered by a forwarding agent, delivery is „free to the curb“, i.e. up to the public curb nearest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service to him a reasonable time in advance.

5.4 Self-collection is not possible for logistical reasons.

6. Retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7. Liability for defects

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage or to only accept the delivery with the addition of the sentence "Acceptance subject to reservation" and to inform the seller of this. If the customer does not comply with this, this has no effect whatsoever on his statutory or contractual claims for defects.

8. Redemption of promotional vouchers

8.1 Vouchers that are issued free of charge by the seller as part of advertising campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be reimbursed by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

8.7 The credit balance of a promotional voucher will not be paid out in cash or accrue interest.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.9 The promotional voucher is transferable. The seller can render performance with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the unauthorized status, the legal incapacity or the lack of power of representation of the respective owner.

9. Applicable law

The law of the Republic of Austria applies to all legal relationships between the parties to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The place of jurisdiction is Graz.

10. Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:https://consumer-redress.ec.europa.eu/index_de
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.