§ 1 General
(1) These Terms and Conditions apply to all contracts, deliveries and other services of Saint Charles Organics GmbH, Esterhazygasse 11, 1060 Vienna (hereinafter: "Seller"), concerning the online shop shop.saint-charles.eu and all sub-domains belonging to the domain. Deviating provisions of the customers shall not apply unless the Vendor has confirmed this in writing. Individual agreements between the Vendor and the customers always take precedence.
(2) The business relations between the Vendor and the customers are subject to Austrian law. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The application of UN sales law is excluded.
(3) The contractual language is German.
(4) The place of jurisdiction is Vienna, insofar as the customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Austria or if the customer's place of residence or habitual abode are unknown at the time the action is brought.
(5) We deliver to the following countries: EU, Switzerland
§ 2 Contents of the contract and conclusion of the contract
(1) In the online shop shop.saint-charles.eu, the seller offers customers new goods for sale, especially cosmetic products, food supplements, perfume goods, accessories for beauty and health care and spa supplies made from biological and organic resources.
(2) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the "Buy" button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order together with the acceptance of the order will be sent immediately after sending by automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
(3) The text of the contract is stored. The Buyer can access the text of the contract under My User Account.
§ 3 Prices, shipping costs, VAT and payment
(1) For orders placed via the online shop, the prices stated there shall apply. All prices include the statutory value-added tax.
(2) The prices do not include shipping and packaging costs, which will be notified to the customer before the order is placed.
The amount of the shipping costs depends on the order total and the desired destination: see shop.saint-charles.eu/shipping
(3) Delivery to the customer by the seller shall be made at the customer's request against the following payment methods: credit card (VISA or Mastercard), instant bank transfer, Paypal and payment by invoice.
(3.1) Payment by invoice
In cooperation with Klarna we offer invoice purchase as a payment option. Please note that Klarna Invoice is only available to consumers, that it is possible to carry out credit checks and that payment must be made to Klarna in each case.
(3.2) Klarna invoice purchase
When purchasing on account with Klarna, you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account for deliveries to Germany can be found here and the complete terms and conditions for purchase on account for deliveries to Austria can be found here.
(3.3) Data protection notice for Klarna Invoice Purchase
(4) If a Customer defaults on its payment obligations, the Seller may claim damages in accordance with the statutory provisions and / or withdraw from the contract.
(5) The Seller shall always issue an invoice to the Customer, which shall be handed over to the Customer upon delivery of the goods or otherwise received in text form.
§ 4 Delivery and transfer of risk
(1) The ordered goods will be delivered to the address specified by the customer, unless otherwise agreed by contract. Delivery will be made from the Seller's warehouse.
(2) Goods in stock will be delivered within approx. 1-2 working days after payment has been instructed, unless expressly agreed otherwise. If, in the case of a sale via the online shop, the goods are marked as not being in stock, the seller shall endeavour to deliver as quickly as possible.
(3) The Seller reserves the right to make a partial delivery if this appears to be advantageous for a speedy processing and the partial delivery is not exceptionally unreasonable for the Customer. Additional costs arising from partial deliveries shall not be charged to the Customer.
(4) The Seller reserves the right to release himself from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is not made in whole or in part. This reservation of self-delivery shall only apply if the seller is not responsible for the failure to deliver. The Seller shall not be responsible for the non-delivery if a so-called congruent hedging transaction was concluded with the supplier in good time in order to fulfil the contractual obligations. If the goods are not delivered, the Seller shall immediately inform the Customer of this circumstance and refund any purchase price already paid as well as shipping costs.
The risk of accidental loss and accidental deterioration of the goods shall pass to the Customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
§ 5 Liability for material defects and defects of title
(1) Insofar as defects exist, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions.
(2) Damage caused by improper actions on the part of the customer during installation, connection, operation or storage of the goods shall not constitute grounds for a warranty claim against the seller.
The Customer can find instructions for proper handling in the manufacturer's descriptions.
(3) The Customer must notify the Seller of defects within a warranty period of two years in the case of new items or one year in the case of used items.
The above limitations of liability do not apply if the Seller has fraudulently concealed a defect or has given a guarantee for the quality of the goods. The above limitations of liability shall also not apply to claims for damages by the customer which are directed towards compensation for bodily injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault on the part of the seller or his vicarious agents.
The above reductions shall not apply to defects in a building or in an item which has been used for a building in accordance with its customary manner of use and has caused its defectiveness. The aforementioned reductions shall also not apply if the Seller has fraudulently concealed a defect or has given a guarantee for the quality of the goods, and not to claims for damages by the Customer which are directed towards compensation for bodily injury or damage to health due to a defect for which the Seller is responsible or which are based on intentional or grossly negligent fault on the part of the Seller or his vicarious agents.
(4) If there are defects and these were asserted in good time, the Seller shall be entitled to subsequent performance. If the subsequent performance fails, the Customer shall be entitled to reduce the purchase price or to withdraw from the contract. In all other respects, the statutory provisions shall apply.
§ 6 Complaints procedure
(1) For any complaints, please contact us at our customer service mail address email@example.com.
(2) The European Commission provides a platform for online dispute resolution (OS). Link to OS homepage. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Saint Charles Organics GmbH, Esterhazygasse 11, 1060 Vienna, Austria, telephone: +43 (0)1 8907987, e-mail: firstname.lastname@example.org ) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model cancellation form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) Consequences of revocation
If you revoke this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We will collect the goods. We bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
For details on returns and refunds, please refer to our returns page.
Saint Charles Organics GmbH
(4) Sample cancellation form
(If you wish to cancel the contract, please complete and return this form)
Saint Charles Organics GmbH
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Signature of consumer(s) (only in the case of notification on paper)
(*) Delete where inapplicable.