General Terms and Conditions of Business

Summary

1. 1. General
2. 2. Prices
3. 3. Availability of goods – key to symbols
4. 4. Shipping costs
5. 5. Delivery
6. 6. Payment methods
7. 7. Complaints and returns
8. 8. Right of revocation and right of return
9. 9. Retention of title
10. 10. Reservation of performance in the event of non-deliverable goods
11. 11. Reminder and collection charges
12. 12. Product liability
13. 13. Conclusion of contract
14. 14. Validity
15. 15. Place of jurisdiction
16. 16. Place of performance
17. 17. Data protection

1. General

Supplies and services from OPST Obst Partner Steiermark GmbH on the basis of an order (online order via the Internet, written or telephone orders) are subject to our General Terms and Conditions of Business. Please note that we reserve the right to change these as needed. It is your responsibility to be aware of the content of these Terms and Conditions of Business every time before placing an order. By giving your agreement when placing an order you issue an offer to conclude an agreement to which you shall be bound for 14 calendar days from the date of issue. If you order directly in the online shop, you shall receive an email from us confirming your order and listing the articles you have ordered.
Should you not be in agreement with the terms and conditions below, you should not access these Internet pages or use them.
We are not obliged to accept your order.

2. Prices

Our offers remain subject to change. The prices shown are end prices and include the statutory VAT unless stated otherwise. Any special offers are valid for the period stated or for as long as stocks last.

3. Availability of goods – key to symbols

4. Shipping costs

We charge the following shipping costs in addition to the product prices stated.

• For delivery within there is a fixed charge of EUR 5,00 per order. Orders with a value of EUR 50 or more are delivered free of shipping costs. If you wish to collect the fruit yourself, naturally you will not be charged any shipping costs.
• For delivery within there is a fixed charge of EUR 9,90 per order. Orders with a value of EUR 90 or more are delivered free of shipping costs.

In exceptional cases higher fixed charges may be necessary, however these will be shown accordingly. If for technical or logistical reasons shipment takes place in several stages, the shipping costs are only charged once.

5. Delivery

We deliver exclusively within Austria and to Germany. Your order will be sent out via Österreichische Post AG. Once the goods have been handed to Österreichische Post AG, the risk passes to the customer. Complaints about damage in transit must be asserted to the transport company subject to the statutory time limit for this.

Delivery periods
All articles that are in stock are sent out within 1 to 2 working days. Saturdays, Sundays and public holidays do not count as working days. Should an article you wish to order not be in stock, we shall inform you of the probable delivery period or agree a possible partial delivery with you.

Delivery periods are non-binding and shall be extended in the event of force majeure or if there are difficulties in receiving deliveries from our suppliers. You have the option of collecting your order from us personally by arrangement.

6. Payment methods

Payment may take place by prepayment, immediate transfer, credit card or payment in cash on the spot.

• Prepayment
  If you select this payment method, we shall deliver your goods after we have received your payment.
  Please transfer the amount due to our account:
  
  Account holder: OPST Obst Partner Steiermark GmbH
  Raiffeisenlandesbank
  Account no.: 298463
  Bank sort code: 38000
  IBAN: AT25 3800 0000 0029 8463
  SWIFT-BIC: RZSTAT2G
• Immediate transfer
  Direct transfer via online banking (PIN and TAN [Transaction Authentication Number]). TÜV-certified payment system.
  Please transfer the amount due to our account:
  
  Account holder: OPST Obst Partner Steiermark GmbH
  Raiffeisenlandesbank
  Account no.: 298463
  Bank sort code: 38000
  IBAN: AT25 3800 0000 0029 8463
  SWIFT-BIC: RZSTAT2G
• Credit card
  Your credit card account shall be charged when your order is concluded.
• Payment in cash on the spot (only when collecting the goods yourself)
  You can collect your order on working days from Monday to Thursday from 08:00 to 16:00 and Fridays from 08:00 to 13:00 in Wollsdorf 154, 8181 St. Ruprecht/Raab by agreeing an appointment with us by phone beforehand. Payment can only be made in cash. Please call the following number to make an appointment: +43 3178 2212-0.
  Our offers remain subject to change. The prices shown are end prices and include the statutory VAT. Any special offers apply for the period stated or for as long as stocks last.
• Payment date of invoices
  Invoices are due for payment immediately without any deductions. There are no fees for reminders or cash collection as payment takes place before delivery.

7. Complaints and returns

We ask for our customers’ understanding of the fact that return deliveries for which no postage has been paid cannot be accepted. Returns can only take place in the form of sufficiently stamped parcel shipments with the invoice or tally sheet attached. The customer bears the risk of return deliveries, especially the transport risk, until the goods reach OPST Obst Partner Steiermark GmbH.

In order for us to be able to take account of complaints (e.g. incorrect delivery, discrepancies of quantity or quality) these must be submitted to us in writing or by telephone within 24 hours of acceptance of the goods. Once 24 hours have expired, the delivery shall be deemed to be in order and acknowledged by the customer. Naturally in the event of justified complaints in terms of the delivery quantity, the missing quantities shall be supplied subsequently by us.

8. Right of revocation and right of return

Goods can be returned by the purchaser subject to the statutory time limit, in their original packaging, unused and in perfect condition. The start of this time limit is the date of invoice. We require compensation from the customer for goods returned or damaged packaging. In this case we have to charge you for the returned goods.

Consumers have a 14-day right of revocation. Right of withdrawal in accordance with Section 5e KSchG [Consumer Protection Act]
OPST Obst Partner Steiermark GmbH allows you to return ordered goods without providing reasons on the following terms: If the purchaser is a consumer as defined by the Consumer Protection Act and if he/she has placed his/her order by post, telephone, fax, email or via the Internet online shop, then in accordance with Sections 5e - 5h KSchG he/she can withdraw from the purchase agreement in writing or by returning the goods. Such withdrawal requires no justification but must be issued within the specified period. In return for sending the goods back, the purchaser shall receive a reimbursement of the purchase price that has already been paid, but must bear the costs of the return shipment.

9. Retention of title

The goods shall remain the property of OPST Obst Partner Steiermark GmbH until the purchase price and all charges have been paid in full.

10. Reservation of performance in the event of non-deliverable goods

If the goods you have ordered are not available within 30 days of the day following your order, we can withdraw from the order even if we have previously confirmed the conclusion of contract to you. In the event of withdrawal, we shall immediately inform you of the non-availability and immediately reimburse you for considerations already provided by you.

11. Reminder and collection charges

There are no reminder and collection charges as payment takes place before delivery.

12. Product liability

Claims to recourse as defined by Section 12 Produkthaftungsgesetz [Product Liability Act] are excluded unless the party entitled to recourse demonstrates that the error has been caused in our sphere and is at least due to gross negligence.

13. Conclusion of contract

The presentation of the products in our online shop does not represent any legally binding offer, but a non-binding online catalogue. An order is only possible when all the obligatory fields have been filled in. Before sending his/her order the customer shall receive a summary of the order including prices, which he/she can still correct or confirm. By clicking the button “Send order” you issue a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order shall take place together with acceptance of the order immediately after you send it to us, by means of an automated email. The purchase agreement comes about by means of this confirmation email.
We are also entitled to accept orders only partially.

14. Validity

Deliveries, services and offers by our company take place solely on the basis of these Terms and Conditions of Business.

15. Place of jurisdiction, attorney

Austrian law applies. The contractual language is German. Graz is the place of jurisdiction for all contracts that come about under these Terms and Conditions of Business.

Austrian law applies. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contractual language is German. The contracting parties agree the applicability of internal Austrian jurisdiction. If no consumer transaction is involved, the court with competence for the matter and the location at the registered office of our company shall have sole jurisdiction to decide all disputes arising from this agreement.

16. Place of performance

The place of performance is the registered office of our company.

17. Data protection

The customer agrees that data provided in the context of ordering and order processing can be collected, processed, stored and used for our accounting purposes and also for internal market research and marketing purposes. The data shall be used by us to fulfil the statutory requirements, to process payment transactions and for advertising purposes.