General Terms

Merchant Information: 

Information about supervisory authorities in the Federal Republic of Germany:

Information on supervisory authorities in the Republic of Austria: 

If you have a dispute that cannot be resolved with your chosen service provider, you can use the European Commission’s online dispute resolution website. Direct link to the online dispute resolution platform – Online Dispute Resolution.

II. Terms used.

“Contract” means the contract concluded remotely between the Customer and the Merchant for the purchase and sale of freeze-dried goods via the Online Shop, and these Terms and Conditions of Use form an integral part of this contract;

“Delivery to Address” means a service by which the Supplier sends to the Customer, the freeze-dried goods requested by the Customer to a specified address. The service includes only the transportation of the requested goods to the front door of the residential building. If the building is located in a gated community, the service is performed to the front door of the community. All other additional actions such as transportation to the front door of the customer’s property, upstairs pick-up, etc. are charged additionally, and the customer must request these services additionally.

“Malicious acts or omissions” are acts or omissions that violate laws, Internet ethics, and/or harm persons connected to the Internet or associated networks, such as: Sending unsolicited commercial messages (SPAM), gaining access to resources with someone else’s permissions and passwords, exploiting flaws in systems for personal gain or to obtain information (HACK), committing acts that may qualify as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending Trojan horses or causing the installation of viruses or remote control systems, interfering with the normal operation of other users of the Internet and associated networks, or committing any acts in the sense described above.

“Customer” means any able-bodied natural person over 18 years of age, a legal person, through its agents or any other legal entity, who is party to a contract for the distance purchase of goods.

“Discount Code” means a unique code, composed of numbers and/or letters, through which the Customer is entitled to preferential terms when concluding a purchase contract, such as, for example, a price reduction, free delivery or other, expressly indicated on the discount code and/or when receiving it electronically.

“Shopping Cart” is a section of the site where you can see the selected and added products in a separate user session. 

“Shopping basket” is a section of the site where you can see the selected and added products in a separate user session.

“Online shop” is a set of conceptual and programming solutions that include graphical and textual elements through which the sale of goods is carried out. The ultimate goal is to be a remote contract, providing the user with the ability to select goods through a shopping cart or otherwise, as well as providing customer contact information, shipping address and payment method.

“Password” is a code of letters, numbers and characters which, together with the user name, identifies the user and is used to access his personal profile.

“Order” is an electronic document representing a communication form sent by the Customer to the Merchant, via the online store, through which the former expressly declares its desire to conclude a purchase contract for the goods selected by it. 

“Visitor” – a natural person who has accessed the platform by entering the domain, and has the right to view the published ads, but does not have a registered account. 

“Username” is a unique code of letters, numbers and characters chosen by the User, which the User uses to individualize his/her relationship with the Merchant and to access additional functionalities. 

“Consumer” means any able-bodied natural person over the age of 18 who acquires goods or uses services not intended for the pursuit of a commercial or professional activity and any natural person who, as a party to a contract, acts outside the scope of his commercial or professional activity.

“Registered User” means any able-bodied natural person over the age of 18 who has successfully completed the registration process and has access details to an individual user profile through which they associate themselves with the Online Shop. 

A “fortuitous event” is a circumstance of an extraordinary nature, unforeseen at the time of conclusion of the contract, which results in an objective impossibility to fulfil the contractual obligations.

“Delivery time” means the time for which the customer receives the goods he has selected through the intermediary of a forwarding company. The delivery period depends on the method of delivery chosen by the customer and the particular freight forwarder. The trader reserves the right to set a different delivery period for each individual good and/or service, in view of its type and characteristics.

“Commercial message” is any type of message sent through electronic communication channels (such as e-mail, SMS, notification, etc.), containing general and thematic information on available promotions, discounts, discounts for individual goods, as well as for entire categories offered by the Merchant.

III. Website Features.

Art.1. (1) The website  soulbowlfoods.com is an e-commerce platform where Users have the opportunity to conclude contracts for the purchase and delivery of the goods offered by the Merchant, as well as to:

• Register and create an account on the website; 
• Browse the offered goods, get acquainted with their characteristics, prices and delivery conditions;
• Receive information about new goods, services or other promotions offered through the Website;
• Be informed of their rights under applicable laws, and exercise them;
• Make enquiries regarding the terms and conditions of purchase or further information regarding the features of the website and the goods offered;
• Subscribe by indicating their email address to a newsletter to receive information about special offers, prices, and other news related to the website and the goods offered.

(2) The General Terms and Conditions apply whenever and in all cases when the visitor browses the online shop in order to benefit from its information content and functionalities. These General Terms and Conditions shall not apply in the above-mentioned situations unless a written agreement has been signed between the respective parties or otherwise agreed.

IV. Possibility to register a user account.

Art.2. (1) The visitor may choose between two options when using the online shop in order to conclude a purchase contract, namely: 

• To place an order by concluding a contract through the “Order as guest” option. 

or

• Through the “Register” option, by creating a user profile after entering your email. 

(2) The user, when registering and creating an account, specifies his email. He then receives his automatically generated password which is used for initial login. Once the registered user accesses his account with it, he can change it at his own choice.

(3) By clicking on the button “Yes, I agree to the Terms and Conditions and Privacy Policy and accept them” immediately before completing the registration, the Visitor declares that he/she is familiar with these Terms and Conditions, agrees with their content and undertakes to unconditionally comply with them.

(4) The Visitor undertakes to provide correct and up-to-date data when completing registration. In the event of a change, the user is obliged to update the data provided in the registration within 7 days of the change.

(5) Upon successful registration, a message is automatically sent by the Merchant to the User at the e-mail address provided at the time of registration. 

(6) The Merchant shall be entitled to suspend the maintenance of registration and access to a customer account immediately and without notice if it is found that the User provides false data, does not notify the former of any changes within the time limit referred to in the preceding paragraph, or if the User breaches any of its obligations under these Terms and Conditions.

V. Technical steps for concluding a purchase contract.

Art.3. (1) The steps for the conclusion of a contract for the purchase and sale of the offered lyophilized goods shall be carried out according to the following procedure:

• Enter a category page via the corresponding menu in the navigation or on the home page;
• Selecting one or more of the goods offered by the Merchant and adding them to a list of goods for purchase or so-called “shopping cart”
• Providing the necessary data to individualize the Customer party to the contract;
• Provision of data for making the delivery;
• Entering the necessary data making payment by card;
• Completing the order by clicking on the “Place Order” button;

(2) After completing the order, the Customer receives an automatically generated message to the e-mail address indicated by him, the purpose of which is to confirm the order. 

(3) The Merchant reserves the right to refuse orders placed if there is a lack of availability or if abuse or other circumstances are suspected, for which it is not obliged to provide further information. In these cases, the Merchant shall send notification electronically within 24 hours of the Customer placing the order.

Art.4. (1) Upon confirmation of the order by the Merchant, the Customer shall be deemed to have concluded a distance purchase contract for the goods that were in the cart at the time of clicking the “Order” button. The contract is stored in the Merchant’s database in the online shop.

(2) Upon conclusion of the contract, the Merchant is obliged to arrange delivery and transfer ownership of the ordered goods. The Customer shall be entitled to correct errors in the input of information, but no later than the receipt of confirmation from the Merchant of the order sent to the email address provided by the Customer.

(3) The Merchant sends a message via the email provided in the order process, which contains the order information as well as the required cost documents, in accordance with the applicable legislation.  

Art.5. (1) The parties to the distance purchase contract agree that all statements between them in connection with the conclusion and performance of the contract may be made electronically and by electronic statements.

(2) It is assumed that the electronic statements made by the users of the website are made by the persons indicated in the data to be provided when carrying out the respective action (registration of a user profile, request to conclude a distance purchase contract, sending a message to the Merchant, etc.).

VI. Rights and obligations of users, customers and registered users

Art.6. (1) Users have the right to:

• Familiarize themselves with and browse the content on the website, also for the purpose of further concluding a purchase contract;
• Make contact with the Merchant by using the enquiry form if they need further information about goods, ingredients, allergens or if there is a problem with the use of the online shop;
• Fill in their personal data in order to subscribe to a newsletter, send enquiries, order “As a guest” or create a user account by registering
• Notify the Merchant in the event of an infringement of intellectual property rights;

Art.7. The Users shall: 

• Use the Website in accordance with applicable German or Austrian law and these Terms and Conditions;
• Respect that all data they have provided in connection with individual functionalities are correct, complete and up-to-date;
• Do not undertake malicious acts or intentional omissions insofar as through them there may be an obstacle or negative influence related to the functioning of the online shop;
• Do not attempt to gain unauthorized access to the servers that the Merchant maintains;
• Do not make available to third parties, for commercial or non-commercial purposes, any content, information, technology, know-how that has been extracted from the website, without the express permission of the Merchant;
• Not copy, modify, reproduce or distribute the information from this website for purposes other than those directly related to the purpose of the website, without the express prior written consent of the Merchant;
• Not violate the rights and legitimate interests of the Merchant;

Art.8. The Customers shall have the rights described in Article 6, and together with them shall have the right to: 

• Conclude distance purchase contracts;
• Exercise their right of return in case of defects in the goods, as well as the right of withdrawal in the presence of the relevant prerequisites by law or according to these General Terms and Conditions;  
• Receive preferential discounts and/or conditions when ordering goods;

Art.9. The Customers have the obligations described in Article 7, and together with them undertake to: 

• Inspect and accept the goods delivered to them, if they have been sent by the Merchant to the address indicated, correspond to the quantity and quality stated and there are no obvious defects; 
• Pay the price for the ordered goods when placing the order by card payment, PayPal or cash on delivery, the method to be chosen before the final step of the purchase and delivery contract. 
• Pay the delivery price from the Merchant’s registered office to the address that is specified by them;
• Keep up-to-date and correct information about the personal data they share or that they fill in when requesting an order and concluding a distance purchase contract;

Art.10. Registered Users shall have the rights referred to in Articles 6 and 8, but shall also have the right to: 

• Benefit from special promotions and discounts, the conditions for their use to be determined by the Merchant;
• View their previous order history through their user account; 

Art.11. The registered users have the obligations under Art. 7 and Art. 9, but together with them they also undertake to:

• Keep up-to-date and correct the information about the personal data they share in their user account or that they fill in when placing an order;
• Not provide the data they have shared in their user account, such as username and password, to third parties;

VII. Rights and Obligations of the Merchant

Art. 12. The trader has the obligation to:

• Maintain the online shop in good technical condition by promptly rectifying any technical problems or defects which it has identified or of which it has been notified by a third party;
• Take measures to protect the privacy and personal data of users, customers and registered users at all times.
• Notifies users, customers and registered users of changes relating to the General Terms and Conditions, the Privacy Policy, and any other significant changes that directly affect privacy and personal data, in an appropriate manner and within a reasonable time;
• Deliver in the appropriate quantity and quality the goods ordered;
• Deliver the order within the time specified in its processing; 
• Rectify the discrepancy as soon as possible or compensate the Customer if upon delivery of the goods a discrepancy with what was ordered is found;
• If unable to perform the contract, notify the Customer within a reasonable time from the time of dispatch of the order of this circumstance;
• Shall be liable in accordance with these General Terms and Conditions and in cases expressly provided for by law.

Art.13. The trader has the right to:

• Send newsletters and other communications to third parties, subject to their express consent to do so, as well as to send responses to inquiries addressed to him;
• Receive the price quoted at the time of order request, before or after fulfilling the obligation to deliver the goods subject to the distance purchase contract;
• Temporarily or permanently discontinue the offer of individual goods available for order through the online shop, without the need to notify all interested parties in advance;
• Make offers, setting the price itself, for the conclusion of a contract for the purchase of the goods offered via the online shop;
• Provides promotional codes to individual customers or a group of customers, under the conditions set by him, without any obligation to explicitly notify other third parties using the online shop; 
• Rejects registration requests from users suspected of abuse, without giving an explicit reason for doing so; 
• Blocks the access of certain users or customers who violate these general terms and conditions of use, as well as the rights of third parties;
• Stores and processes the personal data provided by third parties when there is their explicit consent or a legal basis for doing so, in accordance with applicable law;
• Sends advertising and/or commercial communications by electronic means to third parties, subject to their explicit consent;

VIII. Special clauses that apply to persons who have the status of consumers under applicable German and Austrian law. 

Art.14.  Austria and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

Art.15. (1) The main characteristics of the goods offered by the Merchant in the online shop are defined in the product page of each product.

(2) The price of the goods offered, including all taxes and fees, shall be determined by the Merchant and shall be indicated on the product page of each good.

(3) The value of postage or shipping costs not included in the price of the goods shall be determined by third party couriers and shall be provided in absolute value to Users upon selection of the goods and prior to the conclusion of the purchase contract.

(4) The information provided to Users under this Article shall be up-to-date at the time of its display in the online store and prior to the conclusion of the purchase contract.

Art.16. The User agrees that the Merchant is entitled to accept advance payment for the concluded contracts for the purchase and delivery of goods.

Art.17. (1) Pursuant to § 355 of the German Civil Code and § 3 of the Consumer Protection Act in the Republic of Germany. Austria, the consumer has the right to withdraw from the concluded contract within 14 days from the date on which the consumer has received a document containing at least the name and address of the trader, the necessary information to identify the contract and instructions concerning the right of withdrawal. The right shall be exercised by completing and sending the uniform withdrawal form available in the “Annexes” section.

(2) The right of withdrawal referred to in par. 1 shall not apply to contracts concluded for the supply of goods which: 

• are prepared in accordance with the consumer’s individual choice or which are clearly tailored to the consumer’s personal needs,
• are perishable or are about to expire,
• are not suitable for return for reasons of health or hygiene;
• if they have been inextricably mixed with other goods after delivery because of their nature.

(3) Where the consumer has exercised his right to withdraw from the distance or off-premises contract, the trader shall refund any sums received from the consumer without undue delay and no later than 14 days from the date on which he was notified of the consumer’s decision to withdraw from the contract. The trader shall refund the amounts received to a bank account specified by the consumer.

(4) Upon exercise of the right of withdrawal, all costs of returning the goods from the User to the Merchant shall be borne entirely by the User. The Consumer may use a courier at his discretion for the return of the goods, all costs in connection with the return being entirely at his own expense.

(5) The User undertakes to store the goods received from the Merchant on the platform and to ensure that their quality, quantity and commercial appearance are preserved during the period referred to in par. 1.

(6) In case of cancellation of the contract by the User, the Merchant shall refund the amount paid within 14 days after receipt of the returned goods, by bank transfer to a bank account specified by the User and subject to the following requirements:

• Goods returned and received by the Merchant in good commercial condition, without damage to their packaging and integrity. 

• In the presence of a credible proof of purchase of the goods from the Merchant.

(7) In the case of delivery of goods that are delivered promotionally together with other goods in a bundle (so-called bundle goods), when exercising the Consumer’s right of withdrawal under this Article, the Consumer shall be refunded the corresponding reduced amount of the individual price of the goods taking into account the ratio of the prices of the goods in the e-shop when not purchased together (i.e. the ratio between the reduced prices of the goods).

(8) Notwithstanding the above hypotheses, the User shall be obliged to return the goods in a merchantable form that allows their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the merchantable form of the goods, such as, but not limited to, destructible box, airtight packaging and other similar cases. In the event of a breach of the merchantable appearance of the goods, the Merchant shall have the right, at its discretion, to refuse to accept withdrawal from the contract or to charge the Consumer for the cost of restoring the goods to a merchantable condition.

(9) In the event of the exercise of the right of withdrawal under this Article, the Consumer shall also be deemed to have exercised the right of withdrawal in respect of the bonus content belonging to the goods. The value of the bonus content shall not be refunded to the User, but it shall be returned together with the main goods.

(10) Upon acceptance of the goods in respect of which a right of withdrawal has been exercised under this Article, the Merchant shall inspect the goods and may refuse acceptance if it finds that the returned goods are different from those delivered to the User.

(11) In the event of a pattern of orders and their refusal at short intervals, as well as in the event of an order of an unusually large quantity of goods from the same person, the Merchant shall have the right to refuse acceptance of the goods.  In this case, the Merchant shall make a good faith effort to ascertain the reasons for this and the factual situation.

(12) In addition to the right of withdrawal, the consumer is also entitled to a statutory warranty of 2 years for the conformity of the goods with the sales contract, in accordance with the statutory warranty law in the German Civil Code (BGB).

IX. Terms of delivery

Art.18. (1) The trader is obliged to arrange the delivery and handover of the ordered goods to the Customer.

(2) The standard delivery time for the goods is up to 7 (seven) calendar days from receipt of order confirmation. 

(3) In the event that the Merchant is unable to perform the contract due to the ordered goods not being available at the time, the Merchant shall notify the Customer of this and refund the amounts paid by the Customer by bank transfer.

(4) The Merchant shall pack the goods in a suitable manner so as to preserve their integrity and commercial appearance until they are handed over to the respective Customer. 

Art.19. (1) Delivery shall be made by courier, the costs of which shall be borne by the Customer.

(2) Customers are entitled to free delivery of the goods subject to the purchase contract, provided that they have reached the required amount, which is expressly stated on the website for a certain number of ordered goods.

X. Return Policy.

Art.20. (1) Upon receipt of the goods, the Customer shall comply with his obligation to inspect the goods and, if he finds any obvious defects, to notify the Merchant thereof immediately. 

(2) If the Customer fails to inform the Merchant of such defects, the goods shall be deemed to have been approved and accordingly the Customer shall lose the right to later claim such defects.

(3) The right of return, in view of the nature and type of the products offered and in order to protect the life and health of consumers, shall apply solely and exclusively in the following hypothesis: 

• In the case of a product received which has been unpacked or the integrity of the packaging has been compromised and is not hermetically sealed.
• In the presence of products which are different from those requested by the consumer

(4) The right of return shall not apply in the following cases:

• In the presence of an unpacked product, which circumstance is established at a subsequent moment, the acceptance of the products by the courier; 
• In the presence of allergies to specific ingredients included in the product, in view of the fact that the consumer is informed of all allergens on each individual product page;

Art.21. (1) Customers who also have the status of consumers under the applicable German or Austrian law have 14 days to exercise the right of withdrawal, if this is permissible according to Art.20.  This period starts from the acceptance of the goods and the handing over to the consumer of a document containing at least the name and address of the trader, the necessary information for the identification of the contract and instructions concerning the right of withdrawal – for consumers from R. Austria pursuant to § 3 of the Consumer Protection Act in the R. Austria. 

(2) If the statutory prerequisites for exercising the right of withdrawal are fulfilled, the trader is obliged to send confirmation of the exercised right of withdrawal within 24 hours.

(3) The customer is obliged to send back the goods he has received, the transport costs for the return being at his own expense, after receiving confirmation from the trader of the exercise of the right of withdrawal.

(4) The Merchant shall refund the amount received no later than 14 days from the date on which it was notified of the Customer’s decision to withdraw from the contract.

(5) Pending return of the goods(s) in respect of which the Customer has exercised the right of withdrawal, the Merchant shall be entitled to retain the amount paid.

Art.22. (1) Customers who are consumers have the right to engage the liability of the Merchant if there is a discrepancy of the goods with the advertised on the website, but not later than 14 days from the establishment of the discrepancy with the contract. For the Merchant’s liability to be engaged, the defects found should not be the result of the Customer’s fault. The non-conformity of the goods should be understood as:

• Different ingredients from those stated; 
• Different allergens than declared; 

(2) The exercise of the right of complaint under par. 1 shall be exercised by completing and submitting the claim form available in the “Attachments” section, as well as submitting photographs that establish the discrepancies. 

(3) Upon receipt of the completed form referred to in para. 2 by the Merchant and after ascertaining the lack of conformity, the customer shall be entitled to receive the goods and/or services that conform to the contract, at the expense of the former. 

(4) If delivery of the goods in conformity with the contract proves impossible, the Customer shall be entitled to:

• Reduction of the price;
• Cancellation of the contract.

(5) The price paid for the respective products subject to the right under paragraph 4 shall be refunded back to the customer to the bank account indicated by him within 14 days of confirmation of the exercised right.

XI. Responsibility. 

Art.23. In the event of non-performance of these Terms and Conditions due to force majeure, neither party shall be liable for the non-performance of its contractual obligations. For a circumstance to be force majeure, the parties expressly accept that the following conditions must be cumulatively present: 

• Unforeseeability of the event;
• exceptional nature;
• a causal link between them and the impossibility of performance.

(2) If within 14 (fourteen) days from the date of occurrence of the relevant event, it is not terminated, either party shall be entitled to notify the other party that it is terminating the contract without owing the other any compensation for any damages that may have been suffered.

Art.24. The risk of loss of or damage to the goods shall pass to the Customer as from the moment he accepts the goods. Until that time, the risk shall be borne by the Merchant.

Art.25. (1) The Merchant shall not be liable for material and/or non-material damages that the Customer or other persons have suffered in the event of inability to use the online store, unless it is proven that the Customer is solely at fault.

(2) The rule in paragraph 1 shall also apply in relation to the type of content presented; errors or damage due to viruses that may affect the Customer’s computer equipment, software, data or other property due to actions taken, including the use or browsing of the online shop, or the user’s downloading of materials from the online shop or websites linked to it. 

Art.26. The Merchant shall not be liable for the content of advertising materials, social media banners, including without limitation, any error, omission or inaccuracy therein.

Art.27. The Merchant shall be liable for:

• Failure to arrange delivery and hand over the goods to the relevant courier within a reasonable time;
• Failure to perform the contract in quantity or quality; 
• The presence of latent defects which are covered as a risk by the statutory guarantee; 
• Breach of the merchantability of the goods during carriage by the freight forwarder;

XII. Protection of personal data

Art.28 (1) The Trader shall take measures to protect the User’s personal data in accordance with Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR) and the Data Protection Act. The Provider processes the personal data of Users on the basis of Art. 6 para. 1, б. “b” of the GDPR – the processing is necessary for the performance of a contract to which the user is a party or on the basis of Art. 6 para. 1, б. “a” of the GDPR – on the basis of explicitly granted consent.

(2) The trader has made public the information concerning the personal data it processes and the purposes for which they are processed, ĸaĸ and all information required under Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) on the relevant page for this. 

(3) The trader shall only process personal data of third parties for the purposes of the marketing on the basis of their explicit consent, which they may withdraw at any time.

XIII. Amendment and supplement to the terms and conditions of use. Termination of the legal relationship between the parties. 

Art.29. (1) The present General Terms and Conditions may be amended by the Merchant, who undertakes to notify all users of the online shop in an appropriate manner.

(2) The parties agree that any supplementation and amendment of these general terms and conditions shall be effective with respect to them in one of the following events, whichever event is first in time:

• Upon express notice by the Merchant if the other party fails to state within the 14 days allowed to it that it rejects them or
• After they have been posted on the Merchant’s website and if the other party does not, within 14 days of the posting, state that it rejects them, or
• By express acceptance by the other party by action in the online shop. 

(3) All statements of the Merchant addressed to the other party in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address indicated when registering a user account. Registered Users expressly agree that electronic communications sent pursuant to this Article need not be signed with an electronic signature in order to be effective against them.

(4) The Merchant shall be entitled to notify all users and/or customers of amendments to these Terms and Conditions by means of a publication in a visible place in the online shop as well as on social networks.

Art.30. These General Terms and Conditions and the existing legal relationship with the Merchant shall be terminated in the following cases:

• In case of termination and liquidation or bankruptcy of the Merchant
• By mutual agreement of the parties in writing;
• In case of objective impossibility of either of the parties to the contract to perform its obligations;
• In case of seizure, sealing of the equipment by state authorities or in case of imposition of a ban on carrying out commercial activity;
• In case of restriction or blocking of access of an individual user, customer or registered user to the online store on the grounds of violation of these General Terms and Conditions; 
• In other cases expressly provided for by applicable law. 

Art.31. The Merchant shall be entitled, at its sole discretion, without notice and without compensation, to unilaterally terminate the contract if it finds that the other party is using the Online Shop in breach of these General Terms and Conditions, applicable legislation, generally accepted moral standards or generally accepted rules in e-commerce.

XIV. Transitional and final provisions 

Art.32. (1) These General Terms and Conditions, which regulate the legal relationship between the Merchant and the users of the online shop, are in accordance with and subject to German and Austrian law. 

(2) All disputes between the parties shall be resolved in a spirit of understanding and good will. If no agreement is reached, all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, shall be resolved by the court of competent jurisdiction under applicable German or Austrian law. 

Art.33. (1) The parties to this Agreement undertake to protect each other’s rights and legitimate interests as well as to protect trade secrets and confidential information which become known to them in the course of the performance of the Agreement and these General Terms and Conditions.

(2) The parties undertake during and after the term of the contract not to make public any written or oral correspondence between them. The publication of correspondence in print and electronic media, internet forums, private or public websites, etc. may be considered as public domain. In the event of failure to comply with this obligation, the defaulting party shall be liable to a penalty of 15 % of the value of the contract in respect of which the relevant correspondence has been disclosed.

Art.34. In the event of a conflict between these General Terms and Conditions and the provisions of a special contract between the Merchant and the other party, the provisions of the special contract shall prevail.

Art.35. In the event of the invalidity of any of the provisions of these general terms and conditions, the parties agree that this shall not invalidate the entire contract.

Art.36. In the event of a dispute, each Customer of the Online Shop is informed of the possibility to resort to a conciliation commission under applicable German or Austrian law, a mediation procedure, EU online dispute resolution or another alternative dispute resolution method.

Art.37. These General Terms and Conditions shall come into force for users of the online shop as of 1.102023.

XV. Annexes

Withdrawal form: DOWNLOAD HERE

Claim form: DOWNLOAD HERE