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General Terms and Conditions of Bergblut GmbH

General Terms and Conditions of Bergblut GmbH

  1. General
    Deliveries, services and offers from Bergblut GmbH are made exclusively on the basis of these "General Terms and Conditions" (hereinafter referred to as "GTC") and these apply to all contracts concluded via the Bergshop www.dasbergblut.com . The customer acknowledges these GTC and agrees to them as soon as he places an order.

    Any agreements deviating from or supplementing these Terms and Conditions must be made in writing. Any conflicting Terms and Conditions are rejected. Should individual provisions of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis of them. The invalid provision shall be replaced by a valid one that comes closest to its meaning and purpose.
  1. conclusion of the contract
    The product presentation on the website or via the mountain shop www.dasbergblut.com does not constitute an offer. It is an invitation to the customer to make an offer themselves. The customer makes the offer by placing the order. Confirmation of receipt of the order is sent together with acceptance of the order immediately after it has been sent by an automated email. The purchase contract is concluded with this email confirmation.

    When viewing the Bergblut GmbH range via the Bergshop www.dasbergblut.com, the customer can select the product(s) they want by clicking on the "Add to cart" button. The selected products are temporarily stored in the shopping cart while the customer is visiting the website www.dasbergblut.com. The order process continues by clicking on the "Checkout" button under the products listed in the shopping cart. On the next page, the customer is asked to log in to the Bergshop - if they already have an account - or to register. Express checkout is also possible. The customer then selects the delivery method they have chosen and, in the case of shipping, the customer enters the desired delivery address and the data required to make the payment. If external payment services such as PayPal etc. are selected, the customer is redirected to the external website of the respective payment service provider. Before the order is placed, the data relevant to the order is displayed in an "order summary". The customer is free to check his details in the order summary again and correct them if necessary before sending his order to Bergblut GmbH by clicking on the "Submit & Pay" button. By clicking on the "Submit & Pay" button, the customer makes a binding offer to purchase the goods he has selected.

    After receiving the order, Bergblut GmbH will send a notification email to the email address provided by the customer, confirming receipt of the order and reproducing its contents (hereinafter referred to as "order confirmation"). If Bergblut GmbH refuses to conclude the contract, the customer will be informed of this immediately by email.
  1. loss of the right of withdrawal
     The right of withdrawal for a consumer does not apply to distance selling contracts or contracts concluded outside of business premises in accordance with Section 18 Paragraph 1 Item 4 FAGG for goods that can spoil quickly or whose expiration date would be quickly exceeded. This includes in particular the juice cures, the lemonades, the individual juices and the Bergzwerg.
  1. prices
    All product prices are total prices; they include statutory sales tax (VAT). Pricing errors are expressly reserved. Offers are generally subject to change and non-binding unless a binding period is stated in the offer.
  1. shipping costs
     Shipping costs are added to the stated product prices. These can be viewed at any time on the Bergblut GmbH homepage at https://www.dasbergblut.com/pages/versand .
  1. Retention of title and payment terms
     The delivered goods remain the property of Bergblut GmbH until they have been paid for in full. Payments must be made without any deductions by free transfer to the bank account IBAN/BIC AT233626300006099345 / RZTIAT22263 within 14 days of the invoice date. In the event of late payment, Bergblut GmbH is entitled to charge 4% interest on arrears plus reminder costs.
  1. Warranty Law and Liability
     Unless otherwise specified, the general legal regulations apply. If goods are delivered with obvious transport damage, customers must immediately complain about the damage to our shipping partner GO! Express and contact Bergblut GmbH as soon as possible. Failure to complain or contact Bergblut GmbH has no consequences for consumers' statutory warranty claims and only serves to support Bergblut GmbH in asserting the claims against the company commissioned to deliver the goods or the insurance company.

    Claims for damages by the customer against Bergblut GmbH are excluded unless Bergblut GmbH or its vicarious agents have acted intentionally or with gross negligence.
  1. dispute resolution
    The possibility of online dispute resolution is indicated under the link https://www.dasbergblut.com/pages/agb . This can be accessed at any time on the Bergblut GmbH homepage. It is expressly pointed out that Bergblut GmbH is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

  2. Place of performance and jurisdiction
     The place of performance is Kirchberg in Tirol. The application of Austrian law is agreed, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the court with subject-matter and local jurisdiction for Kirchberg in Tirol, Austria, unless it is a consumer contract within the meaning of the Brussels I Regulation.