General Terms and Conditions
of "Almdudler-Limonade"
A. & S. Klein GmbH & Co KG
1. Scope
These General Terms and Conditions (also referred to below as "GTC") apply, in the version valid at the time of the respective order, to contracts concluded via the online shop www.almdudler.com between "Almdudler-Limonade" A. & S. Klein GmbH & Co KG (also referred to below as "ALMDUDLER" or "we") and the purchaser of goods (also referred to below as "CUSTOMERS" or "you").
These GTC apply only to CUSTOMERS who are consumers within the meaning of Directive 2011/83/EU. We do not deliver to businesses.
By submitting the order form, the CUSTOMER acknowledges the GTC in the version valid at that time as binding. These GTC apply exclusively. Deviating or conflicting general terms and conditions or contractual terms are not accepted by ALMDUDLER.
2. Offer and conclusion of contract
The contracting parties are the CUSTOMER and "Almdudler-Limonade" A. & S. Klein GmbH & Co KG, Grinzinger Allee 16, 1190 Vienna. The contract, order and business language is German.
The product presentations by Almdudler in the online shop are non-binding. Images are symbolic photos only.
Offers apply while stocks last. If stocks are exhausted, you as the CUSTOMER will be notified by email.
You can first place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. By clicking the order button ("order with obligation to pay"), you place a binding order for the goods contained in the shopping cart.
Receipt of the order is confirmed immediately after submission by an automated email. This merely states that ALMDUDLER has received your order and does not yet constitute acceptance of the CUSTOMER'S offer.
A binding contract is concluded only when ALMDUDLER accepts the offer. The offer is accepted within 7 days of receipt of the order. If this period expires unused, the offer is deemed rejected. The offer is accepted by sending an order confirmation or by sending the ordered goods. Order confirmations are usually sent by email.
3. Storage of the contract text
We store the contract text and send you the order data and our GTC by email. You can also view the currently valid GTC at any time at www.almdudler.com. For security reasons, your past orders are no longer accessible via the Internet.
4. Delivery conditions
ALMDUDLER delivers only by shipping. Collection of the goods by the customer is unfortunately not possible. Delivery to parcel lockers is unfortunately not possible.
For deliveries within Austria and Germany, shipping is free for purchases over EUR 20.00.
Unless otherwise agreed, delivery will be made to the delivery address specified by the CUSTOMER.
The delivery time is one week; however, it also depends on the relevant carriers and in individual cases, unless otherwise announced or agreed in writing, may be up to 30 days after the order has been transmitted.
If delivery dates are not met, the CUSTOMER will be notified and informed of the expected new delivery date. In the event of a delay of more than three weeks, the CUSTOMER may withdraw from the order and cancel the contract. Any payments already made will then be refunded to the CUSTOMER without delay.
ALMDUDLER accepts no liability where delivery obstacles arise in the sphere of suppliers and producers. If compliance with the agreed delivery time becomes impossible due to circumstances for which ALMDUDLER is not responsible (in particular non-delivery by suppliers and producers) or due to force majeure, ALMDUDLER is entitled to withdraw from the contract in whole or in part.
When goods are shipped, the CUSTOMER expressly approves the customary shipping methods for the ordered goods, such as post, rail, aircraft, ship, private courier and delivery services such as DHL, etc.
The risk of loss of or damage to the goods passes to the CUSTOMER as soon as the goods are delivered to the CUSTOMER or to a third party designated by the CUSTOMER who is not the carrier. However, if the CUSTOMER has concluded the contract of carriage themselves without using a selection option proposed by ALMDUDLER, the risk passes as soon as the goods are handed over to the carrier.
Transport damage must be reported to the respective carrier immediately.
5. Prices and retention of title
All prices stated are in euros and are gross prices including statutory VAT. Delivery and shipping costs are not included in the stated prices. Please refer to the relevant section of our online shop at www.almdudler.com for the applicable delivery and shipping costs.
ALMDUDLER remains the owner of the delivered goods until the full purchase price plus any delivery and shipping costs has been received.
6. Payment conditions
The purchase price becomes payable once the order has been accepted. The statutory default rules apply. If the CUSTOMER defaults on payment, ALMDUDLER is entitled to charge default interest, reminder fees and, if necessary, collection costs, to the extent legally permissible.
ALMDUDLER accepts the following payment methods:
When paying by credit card, your credit card will be charged when the order is completed.
As soon as the outstanding invoice amount has been received by us, the order will be shipped to the specified delivery address.
ALMDUDLER also offers SOFORT transfer. With this method, ALMDUDLER receives the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Via the secure payment form of SOFORT GmbH, which is not accessible to ALMDUDLER, SOFORT transfer automatically and in real time initiates a transfer in your online banking account. The purchase amount is immediately and directly transferred to ALMDUDLER'S bank account. If you choose SOFORT transfer as the payment method, a pre-filled form opens at the end of the ordering process. This already contains ALMDUDLER'S bank details. In addition, the transfer amount and payment reference are already displayed in the form. You must then select the country in which you hold your online banking account and enter the bank code. Then enter the same data as when logging in to online banking (account number and PIN).
Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards. In principle, any Internet user can use SOFORT transfer as a payment method if they have an activated online banking account with a PIN/TAN procedure. Please note that SOFORT transfer is not yet available at a small number of banks. Further information on whether your bank supports this service can be found here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/
7. Cancellation policy
CUSTOMERS who are consumers within the meaning of Directive 2011/83/EU have the right to withdraw from their contract within 14 days without giving reasons.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us ("Almdudler Limonade" A. & S. Klein GmbH & Co KG, Grinzinger Allee 16, 1190 Vienna; info@almdudler.com; telephone: 0043/1/370 36 36-0; fax: 0043/1/370 36 36-90) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification that you are exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.
We may refuse reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to ALMDUDLER without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You bear the direct 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 by you that was not necessary to check the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and send it back.)
To "Almdudler Limonade" A. & S. Klein GmbH & Co KG, Grinzinger Allee 16, 1190 Vienna, info@almdudler.com, fax: 0043/1/370 36 36-90
I/we (*) hereby withdraw from 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 the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notified on paper)
Date
(*) Delete as appropriate.
8. Warranty and limitations of liability
Unless expressly agreed otherwise below, the general statutory warranty provisions apply. The warranty period is 24 months from receipt of the goods.
When purchasing a used item, the CUSTOMER'S claims for defects expire one year after receipt of the goods.
ALMDUDLER'S liability for contractual or tortious breaches of duty is limited to intent and gross negligence. ALMDUDLER'S liability for slight negligence is excluded, unless the liability is based on injury to life, body or health.
9. Data protection
Data protection provisions are contained in the privacy policy, which can be accessed at www.almdudler.com and here in the shop.
10. Miscellaneous
The place of performance for all contracts concluded with ALMDUDLER via www.almdudler.com is agreed to be ALMDUDLER'S registered office (Grinzinger Allee 16, 1190 Vienna).
Austrian law applies exclusively, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. For consumers within the EU, their mandatory national consumer protection provisions apply, unless the respective Austrian provisions are more favorable to the consumer.
For contracts with consumers from an EU member state, the consumer may choose between the court of their place of residence and the court with jurisdiction at ALMDUDLER'S registered office.
Changes or additions to a contract must be made in writing. This also applies to any departure from the written form requirement. Should one or more provisions of these GTC be invalid, both the contract as a whole and the other valid provisions of these GTC remain in force.
11. Online dispute resolution
The EU Commission provides an online dispute resolution platform ("ODR platform"). This gives consumers the opportunity to resolve disputes in connection with their online order initially without involving a court.
In accordance with Art. 14(1) of Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes (the ODR Regulation), we hereby draw your attention to the link to this ODR platform: http://ec.europa.eu/odr
In accordance with Art. 14(1) of Regulation (EU) No. 524/2013, you can also reach us for this purpose by email at: info@almdudler.com
A. & S. Klein GmbH & Co KG
1. Scope
These General Terms and Conditions (also referred to below as "GTC") apply, in the version valid at the time of the respective order, to contracts concluded via the online shop www.almdudler.com between "Almdudler-Limonade" A. & S. Klein GmbH & Co KG (also referred to below as "ALMDUDLER" or "we") and the purchaser of goods (also referred to below as "CUSTOMERS" or "you").
These GTC apply only to CUSTOMERS who are consumers within the meaning of Directive 2011/83/EU. We do not deliver to businesses.
By submitting the order form, the CUSTOMER acknowledges the GTC in the version valid at that time as binding. These GTC apply exclusively. Deviating or conflicting general terms and conditions or contractual terms are not accepted by ALMDUDLER.
2. Offer and conclusion of contract
The contracting parties are the CUSTOMER and "Almdudler-Limonade" A. & S. Klein GmbH & Co KG, Grinzinger Allee 16, 1190 Vienna. The contract, order and business language is German.
The product presentations by Almdudler in the online shop are non-binding. Images are symbolic photos only.
Offers apply while stocks last. If stocks are exhausted, you as the CUSTOMER will be notified by email.
You can first place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. By clicking the order button ("order with obligation to pay"), you place a binding order for the goods contained in the shopping cart.
Receipt of the order is confirmed immediately after submission by an automated email. This merely states that ALMDUDLER has received your order and does not yet constitute acceptance of the CUSTOMER'S offer.
A binding contract is concluded only when ALMDUDLER accepts the offer. The offer is accepted within 7 days of receipt of the order. If this period expires unused, the offer is deemed rejected. The offer is accepted by sending an order confirmation or by sending the ordered goods. Order confirmations are usually sent by email.
3. Storage of the contract text
We store the contract text and send you the order data and our GTC by email. You can also view the currently valid GTC at any time at www.almdudler.com. For security reasons, your past orders are no longer accessible via the Internet.
4. Delivery conditions
ALMDUDLER delivers only by shipping. Collection of the goods by the customer is unfortunately not possible. Delivery to parcel lockers is unfortunately not possible.
For deliveries within Austria and Germany, shipping is free for purchases over EUR 20.00.
Unless otherwise agreed, delivery will be made to the delivery address specified by the CUSTOMER.
The delivery time is one week; however, it also depends on the relevant carriers and in individual cases, unless otherwise announced or agreed in writing, may be up to 30 days after the order has been transmitted.
If delivery dates are not met, the CUSTOMER will be notified and informed of the expected new delivery date. In the event of a delay of more than three weeks, the CUSTOMER may withdraw from the order and cancel the contract. Any payments already made will then be refunded to the CUSTOMER without delay.
ALMDUDLER accepts no liability where delivery obstacles arise in the sphere of suppliers and producers. If compliance with the agreed delivery time becomes impossible due to circumstances for which ALMDUDLER is not responsible (in particular non-delivery by suppliers and producers) or due to force majeure, ALMDUDLER is entitled to withdraw from the contract in whole or in part.
When goods are shipped, the CUSTOMER expressly approves the customary shipping methods for the ordered goods, such as post, rail, aircraft, ship, private courier and delivery services such as DHL, etc.
The risk of loss of or damage to the goods passes to the CUSTOMER as soon as the goods are delivered to the CUSTOMER or to a third party designated by the CUSTOMER who is not the carrier. However, if the CUSTOMER has concluded the contract of carriage themselves without using a selection option proposed by ALMDUDLER, the risk passes as soon as the goods are handed over to the carrier.
Transport damage must be reported to the respective carrier immediately.
5. Prices and retention of title
All prices stated are in euros and are gross prices including statutory VAT. Delivery and shipping costs are not included in the stated prices. Please refer to the relevant section of our online shop at www.almdudler.com for the applicable delivery and shipping costs.
ALMDUDLER remains the owner of the delivered goods until the full purchase price plus any delivery and shipping costs has been received.
6. Payment conditions
The purchase price becomes payable once the order has been accepted. The statutory default rules apply. If the CUSTOMER defaults on payment, ALMDUDLER is entitled to charge default interest, reminder fees and, if necessary, collection costs, to the extent legally permissible.
ALMDUDLER accepts the following payment methods:
- PayPal
- Credit card (Visa, Mastercard)
- SOFORT transfer
ALMDUDLER also offers SOFORT transfer. With this method, ALMDUDLER receives the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Via the secure payment form of SOFORT GmbH, which is not accessible to ALMDUDLER, SOFORT transfer automatically and in real time initiates a transfer in your online banking account. The purchase amount is immediately and directly transferred to ALMDUDLER'S bank account. If you choose SOFORT transfer as the payment method, a pre-filled form opens at the end of the ordering process. This already contains ALMDUDLER'S bank details. In addition, the transfer amount and payment reference are already displayed in the form. You must then select the country in which you hold your online banking account and enter the bank code. Then enter the same data as when logging in to online banking (account number and PIN).
Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards. In principle, any Internet user can use SOFORT transfer as a payment method if they have an activated online banking account with a PIN/TAN procedure. Please note that SOFORT transfer is not yet available at a small number of banks. Further information on whether your bank supports this service can be found here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/
7. Cancellation policy
CUSTOMERS who are consumers within the meaning of Directive 2011/83/EU have the right to withdraw from their contract within 14 days without giving reasons.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us ("Almdudler Limonade" A. & S. Klein GmbH & Co KG, Grinzinger Allee 16, 1190 Vienna; info@almdudler.com; telephone: 0043/1/370 36 36-0; fax: 0043/1/370 36 36-90) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification that you are exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.
We may refuse reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to ALMDUDLER without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You bear the direct 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 by you that was not necessary to check the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and send it back.)
To "Almdudler Limonade" A. & S. Klein GmbH & Co KG, Grinzinger Allee 16, 1190 Vienna, info@almdudler.com, fax: 0043/1/370 36 36-90
I/we (*) hereby withdraw from 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 the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notified on paper)
Date
(*) Delete as appropriate.
8. Warranty and limitations of liability
Unless expressly agreed otherwise below, the general statutory warranty provisions apply. The warranty period is 24 months from receipt of the goods.
When purchasing a used item, the CUSTOMER'S claims for defects expire one year after receipt of the goods.
ALMDUDLER'S liability for contractual or tortious breaches of duty is limited to intent and gross negligence. ALMDUDLER'S liability for slight negligence is excluded, unless the liability is based on injury to life, body or health.
9. Data protection
Data protection provisions are contained in the privacy policy, which can be accessed at www.almdudler.com and here in the shop.
10. Miscellaneous
The place of performance for all contracts concluded with ALMDUDLER via www.almdudler.com is agreed to be ALMDUDLER'S registered office (Grinzinger Allee 16, 1190 Vienna).
Austrian law applies exclusively, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. For consumers within the EU, their mandatory national consumer protection provisions apply, unless the respective Austrian provisions are more favorable to the consumer.
For contracts with consumers from an EU member state, the consumer may choose between the court of their place of residence and the court with jurisdiction at ALMDUDLER'S registered office.
Changes or additions to a contract must be made in writing. This also applies to any departure from the written form requirement. Should one or more provisions of these GTC be invalid, both the contract as a whole and the other valid provisions of these GTC remain in force.
11. Online dispute resolution
The EU Commission provides an online dispute resolution platform ("ODR platform"). This gives consumers the opportunity to resolve disputes in connection with their online order initially without involving a court.
In accordance with Art. 14(1) of Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes (the ODR Regulation), we hereby draw your attention to the link to this ODR platform: http://ec.europa.eu/odr
In accordance with Art. 14(1) of Regulation (EU) No. 524/2013, you can also reach us for this purpose by email at: info@almdudler.com
Terms of Use for Websites
of "Almdudler-Limonade" A. & S. Klein GmbH & Co KG, Grinzinger Allee 16, 1190 Vienna, info@almdudler.com, telephone: 0043/1/370 36 36-0, fax: 0043/1/370 36 36-90 (also referred to below as "ALMDUDLER")
1. Scope
These Terms of Use apply to any use of the website www.almdudler.com and to all offers and services provided by ALMDUDLER on its websites. Users of these websites agree to the following rules.
ALMDUDLER is entitled to amend these Terms of Use at any time.
2. Liability
Use of the websites is at your own risk. ALMDUDLER'S liability in connection with any use of its websites and for content, information or programs distributed on the websites is limited to intent and gross negligence. ALMDUDLER'S liability for slight negligence is excluded, unless the liability is based on injury to life, body or health. This applies to all types of damage, including damage that may arise from errors, delays or interruptions in transmission, disruptions to technical systems and services, incorrect or missing content, loss or deletion of data, viruses or otherwise from use of ALMDUDLER'S online offering on the websites.
All information has been carefully researched; nevertheless, ALMDUDLER cannot rule out errors or typing mistakes. ALMDUDLER assumes no responsibility for the content, accuracy, legality or functionality of third-party websites to which links from the ALMDUDLER websites refer. Pages accessed via links are accessed at your own risk. Liability for linked pages exists only in accordance with Section 17 ECG.
3. Copyright
ALMDUDLER reserves all rights, in particular trademark and copyright rights, to all content (especially trademarks, logos, texts, images, sound files, videos and layouts) on its websites. Content may be used exclusively for private, non-commercial purposes within the meaning of copyright law. Commercial use, in particular storage in databases, reproduction, distribution or editing, requires ALMDUDLER'S express written approval. All images are symbolic images.
4. Data protection
When using, storing and processing your personal data, Almdudler strictly complies with applicable data protection laws. To make visiting our websites attractive and to enable the use of certain functions, we use cookies on various pages.
Further information about cookies and other data protection provisions is contained in the privacy policy, which is available at www.almdudler.com.
5. Miscellaneous
Access to and use of the websites is governed exclusively by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. For all disputes arising from or in connection with the use of ALMDUDLER websites, the court with subject-matter jurisdiction at ALMDUDLER'S registered office has exclusive jurisdiction. However, for contracts with consumers from an EU member state, the consumer may choose between the court of their place of residence and the court with jurisdiction at ALMDUDLER'S registered office.
Should one or more provisions of these Terms of Use be invalid, both the Terms of Use as a whole and the other valid provisions remain in force.
1. Scope
These Terms of Use apply to any use of the website www.almdudler.com and to all offers and services provided by ALMDUDLER on its websites. Users of these websites agree to the following rules.
ALMDUDLER is entitled to amend these Terms of Use at any time.
2. Liability
Use of the websites is at your own risk. ALMDUDLER'S liability in connection with any use of its websites and for content, information or programs distributed on the websites is limited to intent and gross negligence. ALMDUDLER'S liability for slight negligence is excluded, unless the liability is based on injury to life, body or health. This applies to all types of damage, including damage that may arise from errors, delays or interruptions in transmission, disruptions to technical systems and services, incorrect or missing content, loss or deletion of data, viruses or otherwise from use of ALMDUDLER'S online offering on the websites.
All information has been carefully researched; nevertheless, ALMDUDLER cannot rule out errors or typing mistakes. ALMDUDLER assumes no responsibility for the content, accuracy, legality or functionality of third-party websites to which links from the ALMDUDLER websites refer. Pages accessed via links are accessed at your own risk. Liability for linked pages exists only in accordance with Section 17 ECG.
3. Copyright
ALMDUDLER reserves all rights, in particular trademark and copyright rights, to all content (especially trademarks, logos, texts, images, sound files, videos and layouts) on its websites. Content may be used exclusively for private, non-commercial purposes within the meaning of copyright law. Commercial use, in particular storage in databases, reproduction, distribution or editing, requires ALMDUDLER'S express written approval. All images are symbolic images.
4. Data protection
When using, storing and processing your personal data, Almdudler strictly complies with applicable data protection laws. To make visiting our websites attractive and to enable the use of certain functions, we use cookies on various pages.
Further information about cookies and other data protection provisions is contained in the privacy policy, which is available at www.almdudler.com.
5. Miscellaneous
Access to and use of the websites is governed exclusively by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. For all disputes arising from or in connection with the use of ALMDUDLER websites, the court with subject-matter jurisdiction at ALMDUDLER'S registered office has exclusive jurisdiction. However, for contracts with consumers from an EU member state, the consumer may choose between the court of their place of residence and the court with jurisdiction at ALMDUDLER'S registered office.
Should one or more provisions of these Terms of Use be invalid, both the Terms of Use as a whole and the other valid provisions remain in force.