Terms and Conditions

General Terms and Conditions for Consumers
Heilmoor Neydharting GmbH

Scope of the General Terms and Conditions
All deliveries and services of Heilmoor Neydharting GmbH are exclusively subject to these General Terms and Conditions, unless otherwise agreed in writing. By placing an order, the customer agrees to these General Terms and Conditions.

2) Conclusion of Contracts
Orders can be placed 24/7 in the online shop.
The customer's order constitutes a binding offer to conclude a purchase agreement for the ordered goods. An order can only be placed if all customer data requested by us is provided in full. For every order placed via the webshop, the customer will receive an email confirmation acknowledging receipt of the order and detailing its contents. However, the purchase agreement is only concluded when we expressly accept the order or fulfill it by shipping the ordered goods and confirming the shipment to the customer via a separate email – a shipping confirmation. No purchase agreement is concluded for goods from an order that are not listed in the shipping confirmation. We will inform our customers if a purchase agreement cannot be concluded for their orders; failure to send the shipping confirmation or dispatch the goods will be considered a rejection of the order.
Delivery time:
Unless otherwise expressly agreed, in the event of a contract conclusion, we will deliver within 3–4 days of receiving your order (provided there are no significant reasons against it). Delivery times may vary for deliveries outside of Austria.
Delivery and Service:
Die Heilmoor Neydharting GmbH has the right to deliver the ordered goods in partial shipments, provided this is not demonstrably disadvantageous to the customer.
All information in brochures from Heilmoor Neydharting GmbH and on their homepage www.moor-neydharting.com is non-binding.
If the shipment of goods ready for dispatch is delayed for reasons not attributable to Heilmoor Neydharting GmbH, the goods may be stored at the customer's expense and risk.

3) Inspection and transfer of risk
Immediately upon receipt of the goods, the customer must inspect them for completeness and correctness and, if necessary, lodge a written complaint. If no complaint is lodged, the goods shall be deemed to have been delivered properly and completely. Defects that are not apparent upon inspection are excluded from this provision.
Transport damage and shortages must be reported in writing to Heilmoor Neydharting GmbH immediately, but no later than within 3 working days.
Unless otherwise agreed, consumers bear the risk of transportation for deliveries.
Default in Acceptance: If the consumer is in default in acceptance, we are entitled to store the goods at our premises, for which we will charge a storage fee of €0.50 per commenced calendar day. We remain entitled to insist on contract fulfillment. After setting a reasonable grace period, we also have the right to withdraw from the contract and otherwise dispose of the goods. Any purchase price already received will be refunded minus the costs incurred.

4) Prices and Payment Terms
All prices are inclusive of all taxes, including value-added tax. Our selling prices do not include delivery costs. For deliveries to countries outside the EEA, the consumer is responsible for all import and export expenses, as well as any duties, fees, and charges.
Heilmoor Neydharting GmbH reserves the right to adjust the price if cost increases occur after the order has been confirmed, for example, due to price increases from suppliers, changes in exchange rates, etc.
The purchase price is due for payment upon conclusion of the contract without any discount deductions.
Payment for the goods can be made by credit card (VisaCard, MaestroCard or MasterCard), PayPal, advance payment, or cash on delivery.

Our bank details for advance payment:
In Austria:
Erste Bank of the Austrian Savings Banks Inc.
IBAN: AT28 2011 1855 3054 7000
BIC: RGIBAATWWXXX

5) Default interest
Even in cases of non-culpable payment default by the contractual partner, we are entitled to charge default interest of 7.25 % annually. This does not affect claims for compensation of proven higher interest in cases of culpable payment default.

Right of withdrawal
Customers who are consumers within the meaning of the Austrian Consumer Protection Act or similar laws in their respective countries of residence may withdraw from a distance contract (or a distance contract declaration) within a period of 14 calendar days from receipt of the delivered ordered goods.
It is sufficient for the declaration of withdrawal to be sent within the deadline without stating reasons. Saturdays, Sundays, and public holidays are included in the calculation of the deadline. However, there are at least 7 business days (excluding Saturdays, Sundays, and public holidays) available.
In case of withdrawal, a refund of the purchase price, including shipping costs, will only be granted in exchange for the return of the goods received by the customer.
The goods must be returned in unused, resaleable condition as new, and in their original packaging. For items that show signs of use, unless this is due to normal, intended use, we will charge a reasonable fee for the diminished value. The same applies if accessories and parts are missing upon return of the goods.
The cost of return shipping is borne by the customer. Should the goods be returned postage due, we reserve the right to withhold or charge an appropriate amount.

7) Warranty
The delivered goods must be inspected by the customer immediately. The legal provisions of § 8 and § 9 of the Consumer Protection Act shall apply.

8) Liability and Damages
Claims for damages in cases of slight negligence are excluded. However, this does not apply to personal injury.
Further claims are excluded unless otherwise specified in these provisions. Thus, liability for damages that did not arise on the item delivered itself is excluded. The same applies to liability for other assets of the customer.

Retention of title
The item remains the property of Heilmoor Neydharting GmbH until all claims arising from the contract have been fulfilled. The assertion of the retention of title or seizure of the item by Heilmoor Neydharting GmbH shall not be considered a withdrawal from the contract.

Jurisdiction
Austria, Wels-Land. Austrian law applies.
The contract language is German.