In order to facilitate the readability of these terms and conditions, we have not used gender-specific terms. All personal formulations are to be understood as gender-neutral.
1.) Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Malle-Schmickl GesnbR, Kellereibedarf Schmickl GesnbR, Essig Schmickl GesnbR, Ätherische Öle Schmickl GesnbR – in personam Dr. Helge Schmickl und Dr. Bettina Malle-Schmickl, Ehrentalerstr. 39, 9020 Klagenfurt, Austria (hereinafter referred to as Seller), shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter both referred to as Customer) with the Seller regarding the goods, digital products and services (seminars, tickets) presented by the Seller in its online store. The incorporation of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed in writing (mail, fax, letter).
1.2 These Terms and Conditions shall also apply accordingly to the purchase of vouchers, unless expressly agreed otherwise in writing.
1.3 A consumer within the context of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2.) Conclusion of Contract
2.1 The following regulations on the conclusion of the contract apply to orders placed via the Seller’s online store.
2.2 The product presentations of the seller on the Internet are non-binding and not a binding offer to conclude a contract.
2.3 Upon receipt of an order via the Seller’s online store, the following provisions shall apply: The Customer makes a binding offer to enter into a contract by successfully completing the ordering procedure provided in the Seller’s online store. The order is placed in the following steps:
2.3.1 Purchase of Goods
2.3.1.1 Selecting the desired goods
2.3.1.2 Adding the products by clicking the “Order” button.
2.3.1.3 Checking the information in the shopping cart
2.3.1.4 Entering/checking the address and contact details, selecting the payment method, confirming the data protection declaration, GTC and cancellation policy
2.3.1.5 Completion of the order by pressing the “Order” button. This represents the binding order of the customer.
2.3.1.6 Before bindingly placing the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen.
2.3.1.7 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e-mail) after the Customer’s order has been sent. The Seller shall not make the text of the contract accessible beyond this.
2.3.1.8 The contract is concluded when the customer receives an order confirmation from the seller within three working days to the specified e-mail address.
2.3.1.9 In the event of the conclusion of the contract, the contract with the Seller shall be concluded.
2.3.1.10 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.3.1.11 In the event of a delay in delivery, the Customer’s statutory right of rescission shall remain unaffected, but shall require that the Seller is responsible for the delay. The customer is obligated to declare upon request within a reasonable period of time whether it will withdraw from the contract after the expiration of the deadline due to delay in delivery and/or demand damages instead of performance or reimbursement of expenses or insist on delivery.
2.3.2 Seminars
2.3.2.1 Entering/checking address and contact data.
2.3.2.2 Selection of the desired date, if a voucher is selected, a ticket without a fixed date (open date) is also possible.
2.3.2.3 Selection of the payment method, confirmation of the data protection declaration, GTC and cancellation policy.
2.3.2.4 Completion of the registration by pressing the “Register” button. This constitutes the customer’s binding seminar registration.
2.3.2.5 Before submitting the binding registration via the organizer’s online form, the customer can identify possible input errors by carefully reading the information displayed on the screen.
2.3.2.6 When submitting an offer via the organizer’s online form, the text of the contract shall be stored by the organizer after the contract is concluded and transmitted to the customer in text form (e-mail) after the customer’s order is sent. The Organizer shall not make the text of the contract accessible beyond this.
2.3.2.7 The contract is concluded when the customer receives a registration confirmation from the organizer within three working days to the e-mail address provided.
2.3.2.8 In the event of the conclusion of the order, the contract shall be concluded with the organizer.
2.3.2.9 Registration processing and contacting is usually carried out via e-mail and automated registration processing. The customer must ensure that the e-mail address provided by him for processing is correct, so that e-mails sent by the organizer can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the organizer or by third parties commissioned by the organizer to process the registration can be delivered.
2.3.3 Digital Products
2.3.3.1 Selection of the desired product
2.3.3.2 Adding the products by clicking the “Order” button.
2.3.3.3 Checking the information in the shopping cart
2.3.3.4 Entering/checking the address and contact details, selecting the payment method, confirming the data protection declaration, GTC and cancellation policy,
2.3.3.5 Completion of the order by pressing the “Order” button. This represents the binding order of the customer.
2.3.3.6 Before bindingly placing the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen.
2.3.3.7 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after conclusion of the order and transmitted to the Customer in text form (e-mail) after the Customer’s order has been sent. The Seller shall not make the text of the contract accessible beyond this.
2.3.3.8 The contract is concluded when the customer receives an order confirmation from the seller within three working days to the specified e-mail address or, in the case of online payment, immediately by selecting the appropriate form of payment.
2.3.3.9 In case of conclusion of the contract, the contract is concluded with the Seller.
2.3.3.10 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Purpose of the Contract and Essential Characteristics of the Products
3.1 At the Seller’s online store is the subject of the contract:
The sale of goods, digital products and the organization of seminars. The Customer can find the specific goods, digital products and seminars offered on the Seller’s article pages.
3.2 The essential features of the goods, digital products and seminars can be found in the item description.
4.) Prices, Shipping Costs and Delivery
4.1 Products
4.1.1 The prices stated in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
4.1.2 The respective purchase price is to be paid before delivery of the product (prepayment), unless the seller expressly offers purchase on account. The payment methods available to the customer are shown in the online store or in the respective offer. Unless otherwise stated in the individual payment methods, the payment claims are due for payment immediately.
4.1.3 In addition to the stated prices, shipping costs are incurred for the delivery of products. The shipping costs are again clearly communicated to the customer on the offers and on the order overview.
4.1.4 All products offered are ready for shipment immediately after receipt of payment, unless clearly stated otherwise in the order confirmation.
4.1.5 The delivery of goods is made by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
4.1.6 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, 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 given him reasonable advance notice of the service.
4.1.7 In case of self-collection, the Seller shall first inform the Customer by e-mail or telephone that the goods ordered by him are ready for collection. After that, the customer can pick up the goods after consultation with the seller. In this case, no shipping costs will be charged.
4.1.8 The Seller shall be entitled to make partial deliveries if this is agreed or is reasonable for the Customer.
4.1.9 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which shall 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 funds 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.
4.1.10 If prepayment by bank transfer is agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.1.11 If prepayment by PayPal or credit card is desired, the Buyer shall receive a manually created payment request with the order confirmation.
4.1.12 The balance of a gift voucher shall neither be paid out in cash nor shall interest be paid on it.
4.1.13 Gift certificates are not personal.
4.2 Seminar
4.2.1 The prices listed in the respective offers are total prices and include all price components including all applicable taxes.
4.2.2 Seminar tickets and seminar vouchers shall be sent by email or letter.
4.2.3 Costs for travel, accommodation and catering for face-to-face events are not included in the price and shall be borne by the customer.
4.2.4 Vouchers and seminar tickets are not personal.
4.2.5 Your registration is binding and will be booked by us in the order of the date of receipt. If the event is already fully booked, we will contact you immediately, otherwise we will send you your registration confirmation.
4.2.6 The fees for our courses are due upon receipt of the registration confirmation. If payment is not made within the following 3 weeks, the seminar place will be automatically cancelled.
4.2.7 Seminar participation can also be done by a substitute person.
4.2.8 Rebooking: The customer may rebook at any time for another event date or another event. This must be communicated by the customer in writing (email, letter). In the event of a rebooking (only possible once), the organizer will charge the following processing fees:
- Rebooking for up to 4 weeks before the start of the event: free of charge
- Rebooking 4 to 2 weeks before the event: 100EUR
- Rebooking 2 weeks or more before the start of the event: 200EUR
4.2.9 Cancellation or non-appearance: The customer may cancel the contract at any time. However, this is only possible in writing. The following processing fees will be charged:
- – Cancellation up to 4 weeks before the start of the event: 100EUR
- – Cancellation of 4 weeks or more before the event: full participation fee
- – Non-appearance of a registered participant: full participation fee
4.2.10 Vouchers:
The same rebooking conditions as above apply to vouchers. Cancellation or cash redemption is not possible. Vouchers are valid indefinitely; if the seminar price increases one year or later after the date of issue, the difference must be paid.
4.2.11 The organizer offers face-to-face events. The content of the event results from the respective course description on the website of the organizer.
4.2.12 In the case of face-to-face events, the Organizer shall provide its services exclusively in personal contact with the customer and in premises selected by the customer for this purpose. Unless otherwise stated in the course description of the organizer, the customer has no claim to the selection of a specific location for the execution of the desired event.
4.2.13 The organizer provides his services with the greatest care and to the best of his knowledge and belief. However, the organizer does not owe a certain success. In particular, the organizer does not guarantee that the customer will achieve a certain learning success or that the customer will reach a certain performance goal. This depends not least on the personal commitment and will of the customer, over which the organizer has no influence.
4.2.14 The organizer is entitled to cancel the event at short notice for important reasons, such as force majeure, changes in the law or illness of the course instructor, against full reimbursement of any participation fee already paid. In the event of cancellation of the event, the organizer shall endeavor to find an alternative date.
4.2.15 The customer may only use the contents of the event, including any teaching materials provided, to the extent necessary in accordance with the purpose of the contract as agreed by both parties. In particular, the customer shall not be entitled to record the event or parts thereof or to reproduce, disseminate or make publicly available teaching materials without the separate permission of the organizer.
4.2.16 The organizer is the owner of all rights of use which are necessary for the execution of the event. This shall also apply with regard to teaching materials that may be provided to the customer in connection with the event.
4.2.17 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract unless the parties have agreed on a later due date.
4.2.18 If advance payment by PayPal or credit card is preferred, the Buyer shall receive a manually created payment request with the order confirmation.
4.3 Digital Products
4.3.1 The prices listed in the respective offers are total prices and include all price components including all applicable taxes.
4.3.2 Digital products are transmitted via a download, PDF or an access authorization.
4.3.3 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by the payment service provider Stripe Technology Europe Ltd, 25/28 North Wall Quay, Dublin 1, Ireland (hereinafter: “Stripe”). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.
4.3.4 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which are accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.3.5 Payment in advance by bank transfer is also possible. After receipt of payment, the customer will be activated manually for the respective product.
4.3.6 The organizer is the owner of all rights of use that are necessary for the implementation of the event. This shall also apply with regard to teaching materials that may be provided to the customer in connection with the event.
4.3.7 The customer may only use the contents of the event, including any teaching materials provided, to the extent required in accordance with the purpose of the contract as agreed by both parties. In particular, the customer shall not be entitled to record the event or parts thereof or to reproduce, disseminate or make publicly available teaching materials without the separate permission of the organizer.
5) Retention of Title
If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full. Any resulting damage shall be borne by the buyer.
6) Right of Revocation
As a consumer, the customer has a right of withdrawal. This is governed by the cancellation policy of the seller.
7) Liability for Defects, Liability and Warranty
The Austrian legal liability for defects applies. The warranty is governed by the Austrian statutory provisions. The seller excludes any liability, because in the retail mail order business for consumer goods no liability damage can occur.
In all other respects, liability of the organizer is excluded for the seminars.
9) Applicable Law
9.1 For all legal relations between the parties (seller and customer/buyer), Austrian law shall apply, excluding the laws on the international purchase of movable goods (UN Sales Convention). In the case of consumers, this choice of law shall only apply 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 Austrian Consumer Protection Act shall apply.
9.2 Alternative Dispute Resolution pursuant to Article 14 (1) ODR Regulation and Section 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), see https://ec.europa.eu/consumers/odr. We are willing to participate in an out-of-court dispute resolution procedure.
10) Jurisdiction
Regional Court Klagenfurt, Josef Wolfgang Dobernigstraße 2, 9020 Klagenfurt, Austria
11) Data Protection
11.1 All personal data provided by the customer, such as title, name, address, date of birth, e-mail address, telephone number, fax number, account details, credit card number, etc. shall be collected, processed and used by the seller in accordance with the provisions of Austrian data protection law.
11.2 The Seller collects, processes and uses the Customer’s personal data exclusively for the purpose of fulfilling and processing the order, such as for deliveries of the ordered products to the address specified in the order.
11.3 Any further processing and use of the Customer’s personal data shall require the Customer’s express consent, unless there is a statutory right to process and use such data. See furthermore the privacy policy of the seller.
12) Severability Clause
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The whole or partial invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.