Terms and Conditions and Customer Information

I. Terms and Conditions

§ 1 General Provisions

(1) The following terms and conditions apply to contracts you enter into with us as the provider (Freunde gesunder Lebensart) via the website www.tadelaktmanufaktur.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

(2) A “consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An “entrepreneur” is any natural or legal person, or a partnership with legal capacity, that acts in the exercise of its independent professional or commercial activity when entering into a legal transaction.

§ 2 Formation of the Contract

(1) The subject matter of the contract is the sale of goods .

(2) By listing the respective product on our website, we are already making you a binding offer to enter into a contract via the online shopping cart system under the terms specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the “Shopping Cart.” You can access the “Shopping Cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or similar label) and entering your personal information as well as the payment and shipping details, the order details will be displayed to you as an order summary.

If you select an instant payment system (e.g., PayPal (Express/Plus/Checkout) , Amazon Pay, Sofort), you will either be directed to the order summary page in our online store or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selections or enter your information there. Finally, the order details will be displayed as an order summary on the instant payment system provider’s website or after you have been redirected back to our online store.

Before submitting your order, you have the option to review the information in the order summary once more, make changes (including by using your web browser’s “Back” button), or cancel the order.

By submitting the order via the corresponding button (“Place Order with Payment,” “Buy” / “Buy Now,” “Order with Payment,” “Pay” / “Pay Now,” or a similar designation), you legally and bindingly accept the offer, thereby concluding the contract.

(4) Your requests for a quote are non-binding. We will provide you with a binding offer in writing (e.g., via email), which you may accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out via email, in part automatically. You must therefore ensure that the email address you have provided to us is correct and that receipt of the emails is technically ensured.

§ 3 Customized Goods

(1) You shall provide us with the appropriate information, texts, or files required for the customization of the goods via the online ordering system or by email. Any specifications we provide regarding file formats must be observed.

(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, and trademark rights) or violates applicable laws.
In the event of a breach of this obligation, you shall be liable to us for any damages we incur in this context as a result of justified claims asserted against us by third parties. This does not apply if you are not responsible for the infringement.

(3) You are obligated to verify the accuracy of the data’s content before transmission. We do not verify the transmitted data.

§ 4 Special Provisions Regarding Offered Payment Methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:

  • Direct Debit (“Pay Now”)

  • Instant Bank Transfer (“Pay Now”)

Use of the payment methods “Invoice” and/or “Installment Purchase” and/or “Direct Debit” requires a positive credit check. Accordingly, we forward your data to Klarna as part of the purchase initiation and processing of the purchase agreement for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

For more information about Klarna and Klarna’s Terms of Use for Germany, please visit https://cdn.klarna.com/1.0/ shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

For more information about Klarna and Klarna’s Terms of Use for Austria, please visit https://cdn.klarna.com/1.0/shared/ content/legal/terms/0/de_at/user and https://www.klarna.com/at/.

(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via ‘PayPal’ / “PayPal Checkout,” payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods available via “PayPal” are displayed under a corresponding button on our website as well as during the online ordering process. “PayPal” may use additional payment services to process payments; if special payment terms apply in this regard, you will be notified of them separately. For more information about “PayPal,” please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(3) Payment via “Stripe”

If you select a payment method offered via “Stripe,” payment will be processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods via “Stripe” are displayed under a correspondingly labeled button on our website and in the online ordering process. Stripe may use other payment services for payment processing; if special payment terms apply, you will be notified separately. Further information about Stripe can be found at https://stripe.com/de.

§ 5 Right of Retention, Retention of Title

(1) You may exercise a right of retention only to the extent that it relates to claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are a business, the following applies in addition:

a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total arising from the resale; we accept the assignment. You remain authorized to collect the receivable. However, if you fail to properly meet your payment obligations, we reserve the right to collect the receivable ourselves.

c) In the event of combination or mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the security to which we are entitled at your request to the extent that the realizable value of our security exceeds the claim to be secured by more than 10%. The selection of the security to be released is at our discretion.

§ 6 Warranty

(1) The statutory rights regarding liability for defects apply.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and shipping damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from objective requirements, the deviation is considered agreed upon only if we informed you of it before you submitted your declaration of contract and the deviation was expressly and separately agreed upon between the contracting parties.

(4) If you are a business, the following provisions apply in deviation from the warranty provisions above:

a) Only our own specifications and the manufacturer’s product description shall be deemed agreed upon as the quality of the goods; however, other advertising, public promotions, and statements by the manufacturer shall not be considered as agreed.

b) In the event of defects, we shall, at our discretion, provide warranty by repair or replacement. If the remedy fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The remedy shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods, the defect, or other circumstances indicate otherwise. In the event of repair, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply:

- for damages attributable to us resulting from injury to life, limb, or health, or for other damages caused intentionally or through gross negligence;
- to the extent that we have fraudulently concealed the defect or have provided a guarantee regarding the quality of the item;
- for goods that have been used in a structure in accordance with their customary use and have caused the structure’s defectiveness;
- for statutory recourse claims that you have against us in connection with rights arising from defects.

§ 7 Choice of Law

(1) Austrian law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

1. Identity of the Seller

Freunde gesunder Lebensart
Dorfstraße 63 b/2
6241 Radfeld
Austria
Phone: +436606413331
Email: mail@tadelaktmanufaktur.com

We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Formation of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are governed by the provisions titled “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, you may print out the contract details using your browser’s print function or save them electronically. Once we receive your order, we will resend the order details, the legally required information for distance sales contracts, and the General Terms and Conditions to you via email.

3.3. For requests for quotes outside of the online shopping cart system, you will receive all contract details in writing as part of a binding offer, e.g., via email, which you can print or save electronically.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services are specified in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a corresponding button on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition to the purchase price, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs beyond our control may apply, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which you are responsible for paying.

5.4. Any costs incurred for money transfers (bank transfer or exchange rate fees charged by financial institutions) are your responsibility in cases where the delivery is made to an EU member state but the payment was initiated from outside the European Union.

5.5. The payment methods available to you are listed under a corresponding button on our website or in the respective offer.

5.6. Unless otherwise specified for individual payment methods, payment obligations arising from the concluded contract are due immediately.

6. Delivery Terms

6.1. The delivery terms, the delivery date, and any applicable delivery restrictions can be found under a button labeled accordingly on our website or in the respective offer.

6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the merchant or any other person designated to carry out the shipment.

If you are a business, delivery and shipment are at your risk.

7. Statutory Liability for Defects

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were drafted by lawyers at Händlerbund specializing in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. For more information, please visit: https://www.haendlerbund.de/de/services/legal-certainty/terms-of-service.