|The small incense online shop - and more|
|Cellarium (lat.): storage cellar|
General Terms and Conditions (last update: 2018-03-27)
1. Contract, order and communication language
1.1. Although the primary contract, order and communication language of the Cellarium Online Shop is German, we provide an English version of the website.
2.1. These terms and conditions apply to all commutations contracted in the Cellarium Online Shop (from now on shortly "Cellarium Shop") between the customer and the Cellarium Shop. Any exceptions have to be confirmed in writing by the Cellarium Shop.
2.2. The customer agrees to these terms and conditions by making an online purchase in the Cellarium Shop, and is bound by them.
2.3. If any of these terms or conditions should be rendered null by law, none of the other terms shall be affected.
3. Customer service, contact
3.1. The Cellarium Shop can be reached on working days Monday through Friday from 10 a.m. through 5 p.m. by phone under +43-664-6413205, and by mail via our contact form.
4. Ordering, contract
4.1. The ordering of products in the Cellarium Shop takes place exclusively through the internet platform of the Cellarium Shop.
4.2. Upon placing an order, the customer receives a receipt by mail with an invoice. This acknowledgement of the receipt of an electronic order does not imply that the order has been bindingly accepted by us. The acceptance of an order takes place through the sending of the ordered products, within 14 days from receiving the full amount on the invoice. If the suppliers of the Cellarium Shop are not able to provide the ordered goods within 14 days the customer is informed about this fact in writing. After a period according to paragraph 6.2 of these General Terms and Conditions either side may cancel the contract. A purchase price already paid will be refunded without delay in this case.
4.3. The Cellarium Shop delivers goods only in retail volumes and only to countries in the European Union plus Switzerland and Norway.
4.4. Alcoholic products are only shipped to Austria and Germany. Upon placing an order containing alcoholic products, the customer has to declare that he or she has reached the minimum age for the purchase of alcoholic products valid in the destination country of the shipment, but at least 18 years, and that the products are intended for the responsible use by adults. This declaration is legally binding.
5. Prices and paying conditions
5.1. The prices listed in the Cellarium Shop are gross-prices including all duties (e.g. Austrian sales tax). Errors excepted. Subject to changes of prices. The price to be paid is that listed at the time of the electronic order.
5.2. For obvious typing, printing and/or arithmetic errors, as well as price changes by our suppliers and/or exchange-rate fluctuations of more than 5%, we are entitled to cancel the contract unless all ordered goods have been completely delivered.
5.3. The dispatch from the producer or the warehouse of the Cellarium Shop shall be made at the expense of the customers.
5.4. Goods are shipped only after the Cellarium Shop has received the full payment of the purchase price. Payment shall be made exclusively by transfer to our account or optionally with PayPal®. Money transfers from countries outside the EU have to be made free of charge for the recipient. On default of payment the Cellarium Shop is entitled to charge an interest rate of 5% per year of the purchase price. In addition, the Cellarium Shop is entitled to charge the official bank interest rate and all expenses for reminders and collection.
5.5. The customer can only offset claims of the Cellarium Shop if counter claims have been acknowledged in writing or established in a court of law. Given a consumer transaction under the Consumer Protection Act is permissibly offset in the case of insolvency, in accordance with Section 6 (1) Z 8 KSchG, and when the counter claim by the consumer stands in connection with our legal claim.
6. Delivery of goods
6.1. The Cellarium Shop sends orders without unnecessary postponement, in any event within 14 days after receipt of the payment. Delivery or performance deadlines unless expressly agreed as binding, are only non-binding approximations. Partial deliveries are permitted.
6.2. If the timely execution of an order is delayed for special reasons (for example, the need to order goods from a foreign producer) the delivery deadlines are suspended for the duration of the obstacle. If such delays last more than one month, both sides are entitled to cancel the contract.
6.3. It may happen that a product is no longer available. In the case of non-availability of the product the customer is notified without delay and the contract is not closed. A purchase price already paid will be refunded without delay in this case.
6.4. If the Cellarium Shop is in default, the customer may cancel the contract only after giving in writing a grace period of at least 14 days, and after said period has elapsed. Damage claims by the customer due to non-performance or delay are excluded in this case, except given evidence of ill-intent or gross negligence.
6.5. The goods shall be delivered by mail, parcel-service or other means as chosen by the Cellarium Shop. The shipping and handling fees, if applicable, are defined as a flat rate or may be inquired by the customer. When multiple products have been ordered they may be shipped separately.
6.6. The risk of loss or damage to the goods passes to the customer only when the goods have been delivered to the customer or a third party that has been nominated by the customer other than the carrier. In case the customer has chosen a carrier without using the options provided by the Cellarium Shop, the risk passes to the customer when the goods are handed over to the carrier. Possession of the goods is acquired simultaneously to the transfer of risk.
7. Right of withdrawal - model withdrawal form
7.1. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire:
7.1.1. In the case of a service contract or a contract for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium: after 14 days from the day of the conclusion of the contract.
7.1.2. in the case of a sales contract: after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
7.1.3. In the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
7.1.4. In the case of a contract relating to delivery of a good consisting of multiple lots or pieces: after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
7.1.5. In the case of a contract for regular delivery of goods during a defined period of time: after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.
7.2. To exercise the right of withdrawal, you must inform the Cellarium Shop of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
7.2. Effects of withdrawal
7.3.1. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
7.3.2. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. In the case of sales contracts in which the Cellarium Shop has not offered to collect the goods in the event of withdrawal, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
7.3.3. If you have received goods in connection with the contract, you shall send back or hand over the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to the following address:
Dr. Eveline Riedling EPU
7.3.4. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
7.3.5. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.3.6. In the case of a contract for the provision of services, where they are not put up for sale in a limited volume or set quantity: If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
7.4. Exceptions from the right of withdrawal:
7.4.1. Service contracts after the service has been fully performed if the performance has begun with the consumer's prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader.
7.4.2. The supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period.
7.4.3. The supply of goods made to the consumer's specifications or clearly personalised.
7.4.4. The supply of goods which are liable to deteriorate or expire rapidly.
7.4.5. The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
7.4.6. The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
7.4.7. The supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader.
7.4.8. The supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
7.4.9. The supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
7.4.10. The provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance.
7.4.11. The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
7.4.12. Contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods.
7.4.13. Contracts concluded at a public auction.
8. Liability and warranty
8.1. Warranty is provided according to the legal rules, i.e., 24 months after delivery of the goods. The customer has the right to a reduction of the purchase price if an exchange or a repair is not possible, or, if the fault is not insignificant, to a cancellation of the contract. Liability for consequential damage or other damage to property or financial damage is explicitly excluded.
8.2. In cases of minor negligence, liability of the Cellarium Shop, as well as its staff, employees, or agents, is excluded for property damage to the purchaser, whether they are direct or indirect damages, loss of profits or consequential damages.
8.3. The Cellarium Shop is not liable for the content of the purchased goods, in particular for the formal or semantic accuracy and/or legality of the statements contained therein, text, images, sound or image phonograms, recipes, instructions, etc.
8.4. The disclaimer referred in paragraph 8.2. is not valid in the case of a liability according to PHG. Any claims for recourse by customers or third parties to the Cellarium Shop from the title "product liability" in accordance with the PHG are excluded, unless the claimant proves that the fault has been caused by the Cellarium Shop at least by gross negligence.
8.5. Images, designs, sizes and weights given for goods online or in brochures etc. are only approximate and therefore not guaranteed, provided they have not been expressly agreed to as binding.
8.6. In the case of a flawed delivery, the Cellarium Shop can choose between repair or replacement. The defective product is to be immediately returned by the customer. A demand for price reduction can only be made after the expiry of a reasonable period for repair.
8.7. The Cellarium Shop accepts no responsibility for technical faults in the operation of its online shop. It also reserves the right to suspend operation at any time; without prejudice to the proper fulfilling of already closed contracts.
9. Online Dispute Resolution
9.1. The European Commission has installed an Online Dispute Resolution (ODR) platform for the resolution of disputes resulting from online trade between (differing) member countries of the EU.
9.2. The ODR platform provides a standardised complaint form for consumers in all official languages of the EU and is responsible for determining the national Dispute Resolution authority responsible for the case, and for informing the vendor of a complaint. This offers consumers the possibility to submit complaints at the ODR platform that will be forwarded to the vendor.
10.1. We record each access to the website of the Cellarium shop and each access to a file on this website. These records solely serve for system related and statistical internal purposes. We record: Name of the accessed file, date and time of the access, amount of transferred data, success or failure of the access, web browser used, domain and IP address of the client computer, query contents and contents of the shopping cart. We do not collect or store personal data in this process, and we also do not take any measures to identify visitors of the Cellarium shop.
10.2. We process and store all person related data that you submit in the course of your orders or e-mail queries, e.g., name, address, e-mail address, phone number, and so on. We use this information for processing your orders or responding to your queries. We have to store part of the data obtained in the course of an order for the legally required period of seven years; however, we delete personal information no more required after we completely have processed your order or request unless there are important reasons to have them archived in a secure archive.
10.3. We collect person-related data only when you submit the information voluntarily, in the course of an inquiry or order. We guarantee by suitable technical and organizational measures that data forwarded to external services in order to fulfill your order conform to the legal rules of data protection. We only disclose the data items absolutely indispensable for the purpose in mind. We process your data according to the guidelines of the EU Regulation 2016/679 (General Data Protection Regulation) and the current version of the Austrian Data Protection Law ("DSG").
10.4. You may request at any time information on the data we have collected on you, the provenience, the recipients and the purpose of the storage of these data. Furthermore, you have according to the legal rules viewing rights, right of access by the data subject, right to rectification, right to erasure, right to restriction of processing, right to object and right to data portability. If you need our help to make use of one of these rights please contact us via our contact form!
10.7. You can find detailed information in the Data Protection Declaration of the Cellarium Web Shop.
11. Third party rights (intellectual property rights)
11.1. The customer notes that the object of purchase carries rights of third parties, particularly copyrights and other intellectual property. The customer agrees to use the purchase only in accordance with what is contractually and/or legally permissible, and to observe all terms. This applies in particular to the language works, including software, databases, as well as video and/or sound recordings.
11.2. Paragraph 11.1 applies also to the rights of the Cellarium Shop and its website with its content, such as text, graphics, logos, trademarks, titles, programs, pricing combinations, databases and other services.
12. Place of performance, court of jurisdiction
12.1. The place of performance for all obligations of the Cellarium Shop is its company address (see below).
12.2. Austrian law holds good under the exclusion of UN purchasing law.
12.3. Jurisdiction for all legal disputes in connection with this contractual relationship is the competent court for Vienna, Austria, when the buyer is not a consumer. The Cellarium Shop is also entitled to sue the buyer at a general court of law.
The Cellarium Shop is operated by: