General Terms and Conditions of Wolena – Andrea Hager eU,
Holderstauden 283, 6886 Schoppernau, ATU67133979

1. General:

The general contractual conditions listed below apply to all of our deliveries and services and become part of the contracts concluded with our customers upon signature by the contractual partner. Differing general purchasing conditions of our contractual partners do not apply unless they are expressly accepted in writing in individual cases.

2 – Conclusion of contract/cost estimates:

Orders are generally accepted in writing by email, telephone, in the online shop or directly in the store, unless otherwise agreed in individual cases. We reserve the right to change and supplement the content of our range of services (catalogues, price lists, brochures, etc.) at any time. We are bound to our individual offers for four weeks from the date of issue. A contract is only considered concluded when we send an order confirmation or send the ordered goods. If we do not respond within 14 days of receiving an offer from a consumer, no contract has been concluded and the consumer is no longer bound to his offer. We are also entitled to refuse to accept orders. If there are cost increases of more than 15% after the order has been placed, we will inform the contractual partner immediately. In the event of unavoidable cost overruns of up to 15%, separate notification is not necessary and we are entitled to invoice these costs without further notice. Unless otherwise agreed, we are entitled to invoice costs resulting from order changes or additional orders at reasonable prices.

3 – Prices/Shipping costs:

The prices we provide are gross prices and include the applicable statutory sales tax. If the costs necessary to provide the service (such as those for materials, transport, external work, financing, etc.) change, we are entitled to adjust the prices accordingly. The stability of the value of our claims, including additional claims, is expressly agreed upon. The consumer price index published monthly by Statistics Austria (CPI 2010 = 100) or an index that replaces it serves as the measure for calculating the stability of value. The index number calculated for the month in which the contract was concluded with the specific customer serves as the reference value for the contracts we conclude. In the case of consumer transactions, no price changes will be invoiced during the first two months from the conclusion of the contract - unless these have been expressly negotiated in detail. In addition to our sales prices, deliveries are subject to the shipping and, if necessary, packaging costs communicated to customers in our offers in individual cases. Offsetting our claims with counterclaims of whatever kind is excluded. This does not apply to consumers in the event of our insolvency or to counterclaims that are legally related to our claim, have been determined by a court or have been recognized by us.

4 – Payment conditions/reminder fees:

The purchase price must be paid within 10 days of the invoice date without any deductions and free of charge. A discount will only be recognized within the framework and on the basis of an appropriate agreement. In the event of late payment, we are entitled to charge consumers default interest of 8% annually as well as reminder fees of at least €20 per reminder. For entrepreneurs, we charge late payment interest of 12% annually. In addition, in the event of late payment in accordance with Section 458 UGB, we are entitled to demand a flat rate of €40 as compensation for any debt collection costs, regardless of fault. Our contractual partners must also bear any additional operational costs in the event of late payment (e.g. by commissioning a debt collection agency or a lawyer to assert our claims) in accordance with Section 1333 Paragraph 2 of the Austrian Civil Code (ABGB).

5 – Delivery

Deliveries generally take place after receipt of payment and are processed within 3-5 working days. In any case, we strive for the fastest possible delivery. If failure by us or our suppliers to meet a promised delivery or service deadline is due to force majeure, strikes, operational or traffic disruptions, fire, floods, labor shortages, energy or raw materials shortages, official measures, unforeseeable events or others, this is not our responsibility circumstances are responsible, the deadline will be extended appropriately. If the impossibility of delivery is due to the inability of our manufacturers or suppliers, both we and our contractual partners can withdraw from the contract without any obligation to make subsequent delivery if the agreed delivery date is exceeded by more than two months. Claims for damages due to delay or impossibility of performance that arise up to the withdrawal from the contract are excluded in the event of only slight negligence. The contractual partner must accept minor delivery deadline delays without being entitled to a claim for damages or a right of withdrawal. We can make objectively justified and minor changes to the delivery date. As soon as the actual deadline exceedance can be estimated, we will announce when delivery can take place. The ordered goods are generally delivered by a shipping company commissioned by us, by post or parcel service. The shipping costs incurred can be viewed before ordering. Special forms of delivery requested by our customers are also possible and the prices for these will be announced separately in individual cases or will be invoiced to our contractual partners depending on the invoicing by our contractors. We are entitled to make partial deliveries as long as these are reasonable for the customer and no additional delivery costs are charged. Multiple items ordered will be combined in one delivery, if possible. If acceptance of ordered goods is refused, we will invoice any additional costs incurred. We also have the choice to insist on fulfillment of the contract or, after setting a reasonable grace period, to withdraw from the contract and use the goods elsewhere.

6 – Retention of title

The goods remain our property until the entire invoice amount has been paid in full, plus any shipping and reminder costs as well as default interest and any other operational costs. Before the invoice amounts have been paid, the goods delivered by us may neither be pledged nor transferred as security. Resale of our goods is only permitted if we have been notified of this in advance in good time, stating the name or company and the exact address of the buyer, and if we agree to the sale. If we agree to the resale, the purchase price claims are already deemed to have been assigned to us and we are authorized to inform the buyer of this assignment at any time. In the event of late payment, we are entitled to assert our rights under the retention of title, whereby the return costs are borne by the customer.

7 ‐ Guarantee/Warranty/Compensation/Disclaimer of liability

The contractual partner has a 14-day right of return for our natural care products. Please understand that we can only accept returned products if they are unopened and in a hygienically perfect, clean condition. If the goods deteriorate, we can refuse to take them back or demand compensation. We also ask our contractual partners to take into account that there may be minor material or color deviations in the labels.

8 – Retention Rights

Justified complaints do not entitle the customer to retain the entire amount, but only a reasonable portion of the invoice amount.

9 - Place of jurisdiction and applicable law

Austrian law applies to the contracts concluded with our customers, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, the mandatory provisions of the country in which he has his habitual residence also apply. In principle, the court with jurisdiction over the location of our company has local jurisdiction to decide all disputes arising from contracts with us. However, we also have the right to sue at the contractual partner's general place of jurisdiction. If the customer is a consumer and has his place of residence, habitual residence or place of employment in Austria, the court in whose district the consumer has his residence, habitual residence or place of employment is responsible for disputes arising from contracts with him. For consumers who are not resident in Austria at the time the contract is concluded, the statutory places of jurisdiction apply.

Schoppernau December 14, 2023