• § 1 General provisions, scope of application
• § 2 Data protection
• § 3 Offer and conclusion of contract
• § 4 Terms of delivery
• § 5 Inspection and transfer of risk
• § Section 6 Conclusion of distance contracts (consumers)
• § 7 Prices and conditions
• § 8 Terms of payment
• § 9 Retention of title
• § 10 Warranty
• § 11 Compensation and limitation of liability
• § 12 Severability clause
• § 13 Prohibition of offsetting
• § 14 Final provisions

1.1 The goods offered in our online store are aimed exclusively at buyers who have reached the age of 18.

1.2 All deliveries and services shall be performed subject to the following terms and conditions without exception.

1.3 The contract language is exclusively German

1.4 The following General Terms and Conditions apply to all contracts, deliveries and other services and legal relationships, unless and insofar as nothing to the contrary is or has been agreed in writing in the respective legal relationship.

1.5 Any general terms and conditions used by the contractual partner shall not be effective even if they have not been expressly objected to in individual cases. Deviating declarations by the contractual partner can therefore only become part of the contract with express written consent.

1.6 Amendments and supplements to the contract must always be made in writing to be effective.

1.7 These General Terms and Conditions shall apply even if we carry out deliveries, services or the like without reservation in the knowledge of conflicting or deviating terms and conditions of the contractual partner.

1.8 These are valid in the version current at the time of the order, whereby we reserve the right to amend the General Terms and Conditions at any time.

1.9 Our terms and conditions shall be deemed to have been accepted by the Buyer when the order is placed or, at the latest, when the delivery or service owed by us is accepted.

2.1 The personal data received from you will be managed in accordance with the Austrian Data Protection Act currently in force.

2.2 Your data will be passed on for reasons of advertising, information, customer-oriented offer development or the like and will only be passed on in consultation with companies bound to us on a basis of trust.

2.3 You may object to the disclosure of your data in writing within 14 days, otherwise your consent will be assumed.

3.1 The prices stated on the product pages include statutory VAT.

3.2 Our offers are always subject to change and non-binding. The product details contained in brochures, catalogs, websites and the like are only binding if they are expressly referred to in our offer.

3.3 The contract is concluded when the seller confirms acceptance of the order or purchase order in writing or delivers the goods after receipt of the order or purchase order. Additional orders placed verbally beyond the content of the previous order confirmation shall be confirmed in writing and invoiced.

3.4 The goods may only be delivered in normal household quantities. Should we have to assume that the goods are intended for resale, the order will be canceled by us immediately to the exclusion of any liability in this regard. The seller is entitled to withdraw from the contract immediately and the buyer shall indemnify and hold us harmless in this respect. Excluded from this are customers who are demonstrably registered as resellers with the seller.

3.5 The seller is entitled to withdraw from the contract immediately if facts occur or become known which show that the contractual partner is not (or no longer) creditworthy.

4.1 The delivery date shall be agreed in accordance with the Seller's anticipated performance capacity and shall always be non-binding and subject to timely delivery to the Seller and unforeseen circumstances and obstacles - irrespective of where these circumstances are located or have occurred - in particular strikes, lock-outs, material shortages, transport or plant closures and cases of force majeure, government measures, failure to obtain official permits, labor disputes of any kind, sabotage, shortages of raw materials, late deliveries of materials through no fault of the Seller and the like. Such events shall extend the delivery date accordingly, even if they occur during a delay that has already occurred. Any grace period set in this case shall also be extended by the duration of the unforeseen event.

4.2 The Seller expressly reserves the right to make reasonable partial deliveries and to invoice them without restriction.

4.3 The shipping costs can be found on the homepage of the Benediktiner Seifenmanufukatur company NP GmbH (www.seifenmanufaktur.at)

4.4 Payment can be made either in advance or via PayPal. Wholesale orders can also be delivered on account.

4.5 In the event of a delay in delivery exceeding a period of 8 weeks, both contracting parties may withdraw from the contract after expiry of a reasonable grace period set in writing, to the exclusion of further claims. A claim of the contractual partner for damages due to delay in delivery or performance is expressly excluded. Otherwise, liability shall be limited to the amount of the foreseeable damage, but no more than 3% of the delivery value.

4.6 The postponement of delivery or performance dates must be made in writing to be effective. In the event of a delay in acceptance, the Seller shall have the right, in addition to the claim for payment, either to set a new delivery date or to withdraw from the contract without setting a grace period. In this case, the seller expressly reserves the right to assert claims for damages against the defaulting contractual partner.

5.1 Unless otherwise agreed, shipment shall be made at the seller's discretion and uninsured at the buyer's risk. The risk shall pass to the Buyer as soon as the consignment has been handed over to the person carrying out the transportation.

5.2 If dispatch is delayed or becomes impossible through no fault of the seller, the risk shall pass to the contractual partner upon dispatch of the seller's notification of readiness for dispatch to the contractual partner.

5.3 The contractual partner must inspect the goods immediately upon receipt for completeness, defects and conformity with the invoice or delivery bill. The contractual partner alone bears the risk that the capacity, usability, suitability and the like correspond to his wishes. If no complaint is made immediately, the goods shall be deemed to have been delivered properly and completely and approved, unless the defect was not recognizable at the time of delivery. This circumstance must be proven by the contractual partner.

5.4 Insignificant defects do not justify refusal of acceptance of the delivery!

5.5 The above provisions shall also apply to returns to the contractual partner following rectification of defects or service against payment.

6.1 Withdrawal: The buyer may withdraw from the distance contract within 14 working days of receipt of the ordered goods without giving reasons.

6.2 The Buyer shall return the goods received and pay the Seller an appropriate fee for use as well as compensation for the associated reduction in the fair market value.

6.3 In the case of sealed goods, the right of withdrawal expires automatically if the sealed goods have been opened or the seal has been damaged. In this case, withdrawal from the contract is excluded and the goods must be paid for in full.

6.4 Withdrawal must be declared in writing or by timely return of the goods. The date of the postmark is decisive for timeliness.

6.5 The revocation must be sent to the following address:

NP GmbH
Market 9
5360 St.Wolfgang
shop@seifenmanufaktur.at

6.6 The consequences of withdrawal are the reversal of the mutual services step by step. The return costs shall be borne by the buyer.

7.1 The Seller expressly reserves the right to increase the price appropriately if price increases occur after conclusion of the contract - in particular due to price increases on the part of suppliers or exchange rate fluctuations.

7.2 Offsetting or the assertion of a right of retention due to counterclaims not recognized by us or not legally established is excluded.

8.1 Unless otherwise agreed, the invoice amount shall be due for payment promptly upon receipt of the goods or invoicing without any deductions and free of charges.

8.2 If payments owed by the contractual partner are not received on time, default interest of 5% p.a. above the base interest rate shall be agreed from the due date until actual receipt of payment. The seller reserves the right to assert claims for damages in excess of this.

8.3 Reminder fees of EUR 15 per letter are agreed.

8.4 Notwithstanding any provisions of the contractual partner to the contrary, the seller shall be entitled to offset payments against the contractual partner's oldest debt. If interest and costs have already been incurred, the Seller shall be entitled to offset the payments first against the costs, then against the interest and finally against the principal performance.

9.1 The goods shall remain the property of the Seller until all liabilities arising from the contractual relationship have been settled in full. This shall apply mutatis mutandis to partial deliveries.

9.2 The Buyer is obliged to inform the Seller immediately of any seizure or other legal or actual impairment or endangerment of our goods or other securities existing for us.

9.3 Before third parties access the reserved goods, the contractual partner must point out the seller's ownership and inform them immediately. The contractual partner must clearly and visibly mark the seller's ownership.

9.4 In the event of default in payment, including from other and future legal relationships with the seller, or in the event of the contracting party's financial collapse, the seller may enter the business premises of the contracting party unannounced in order to assert the retention of title to the reserved goods and take possession of the reserved goods.

9.5 The assertion of the retention of title or the seizure of the reserved goods shall not be deemed a withdrawal from the contract if the contractual partner is a merchant.

9.6 The contractual partner assigns its claims from the transfer of the goods subject to retention of title in the respective invoice value of the goods subject to retention of title to the seller in advance as security at the time of the order. The contractual partner shall remain authorized to collect even after the assignment as long as it complies with its balancing obligation towards the seller. Notwithstanding this, the seller shall be entitled to collect in the ordinary course of business and shall exercise this right in particular in the event of default in payment or an application for the opening of bankruptcy or composition proceedings.

9.7 Upon request, the contractual partner must name the assigned claim and provide all necessary information, hand over documents and demonstrably inform the debtor of the assignment.

9.8 The Seller may disclose this assignment at any time to secure its payment claims

9.9 Goods delivered for test or demonstration purposes shall remain the property of the Seller. They may only be used by the contractual partner beyond the test or demonstration purpose on the basis of a separate written agreement with the seller and must be returned immediately upon request.

10.1 The warranty includes rectification of the defect proven by the contractual partner and, if necessary, replacement delivery, whereby the costs incurred for transportation shall be borne by the seller.

10.2 If the rectification or replacement fails, the contractual partner has the right to reduce the purchase price appropriately or to withdraw from the contract.

10.3 If the examination of a notice of defects shows that there is no warranty case, the buyer is obliged to reimburse all expenses immediately.

10.4 If the Seller has negligently breached a material contractual obligation, the obligation to pay compensation for property damage and personal injury shall be limited to the compensation provided by the business liability insurance.

10.5 Otherwise, any warranty claims shall be governed by the statutory provisions.

Claims for damages due to material defects or breach of positive or negative contractual interests shall only be considered in the case of intent. We shall only be liable for intentional or grossly negligent breach of duty by our employees in accordance with the statutory provisions. We are liable for slightly negligent breach of contractual obligations up to the typically foreseeable damage, whereby the extent is limited by the purchase price of the ordered goods.

12.1 Should one of the provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions.

12.2 The contracting parties undertake to replace the ineffective provisions immediately with provisions that come closest to the economic purpose of the ineffective provision.

13.1 Offsetting against claims of the seller is only permitted with counterclaims that have been established by a court or expressly recognized in writing.

13.2 This set-off prohibition does not apply to consumers (§ 6 para. 1 no. 8 KSchG)

14.1 The place of performance for all obligations is St. Wolfgang.

14.2 Austrian law shall apply.

14.3 The exclusive place of jurisdiction is Bad Ischl. 14 KSchG applies to consumers.

Status September 2017