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Business Terms

General Terms and Conditions of
Deep Nature Project GmbH, FN 253527 i

As of March 1st, 2017

  1. Scope of application
    1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to the sale and delivery of goods by Deep Nature Project GmbH (hereinafter "DNP" or the "Company") to their customers.
    2. The GTC may be amended by DNP at any time and always apply in the version valid at the time of the order of the customer.
    3. Deviating terms and conditions are generally not accepted by DNP and are therefore not valid, unless DNP has agreed to this in writing or by e-mail before acceptance of the order.
    4. By placing an order, the customer expressly agrees to these GTC.
  2. Conclusion of Contract
    1. Contract partner is Deep Nature Project GmbH with its registered seat in Gols and its business address at Untere Hauptstraße 168, 7122 Gols am Neusiedlersee, registered with the commercial register at the regional court Eisenstadt under FN 253527 i. 
      Managing director: Elke Moritz and Andrea Bamacher, each representing the Company individually
      UID: ATU61164411
      Tel: +43(0)681 10139055
      Email: office@deep-nature.at
      http://www.deepnatureproject.com/
    2. The offer of goods on the website of the Company is not a binding sale offer. It is only by placing an order that the customer makes a binding offer, by clicking on the "buy now" button after completing the online order form, or by placing an explicit telephone order
    3. The acceptance of the offer by the customer by DNP shall be effected by transmission of an order confirmation by e-mail or by de facto delivery of the ordered goods. DNP is also entitled to refuse an order without giving reasons. If an order comprises several articles, the contract shall only come into force on those articles expressly listed in the order confirmation or actually delivered.
    4. The contract text (or the purchase order) is stored with DNP and can not be called up after completion of the ordering process.
  3. Prices and Shipping Costs
    1. The offered prices of the goods are valid at the time of the order and are understood as gross prices in Euro. They include all statutory taxes and duties for domestic deliveries. However, the offered prices do not include any packaging and shipping costs.
    2. The prices are based on the costs at the time of the initial price quotation. Should the costs change until the date of placing an order by the buyer, DNP is entitled to adjust the prices accordingly. The respective binding prices are displayed on the Company's website at http://shop.deepnatureproject.com/en/.
    3. The sales prices do not include any costs for shipping and delivery. All costs resulting from the dispatch are borne by the buyer. The valid shipping costs are available on the Company's website at https://shop.deepnatureproject.com/en/lieferung/. With an order, the customer expressly agrees to the shipping conditions.
  4. Payment and Advance Payments, Reservation of Title
    1. The payment of the goods shall generally be made in advance. Payments must, in principle, be paid by bank transfer to the account of the Company at the Bank Burgenland, IBAN AT80 5100 0918 1486 3800, BIC EHBBAT2E free of charges and deductions. After a separate written agreement with DNP, the customer may also choose an alternative form of payment (surname, cash payment, bank transfer).
    2. Discounts on payments require a separate written agreement. In the event of a delay in payment, including with partial payments, any discount agreements entered into shall be null and void. Payments by the customer shall only be deemed to have been made when the amount is received by the Company on its account.
    3. In case of default of payments by the customer, DNP is entitled to demand interest on arrears at the statutory rate. DNP shall also be entitled to demand compound interest in the event of the customer's default on payments from the date of the delivery of the goods.
    4. Payments to DNP staff will be recognized only if they are confirmed by a cash receipt. This provision does not apply to transactions with consumers as defined by the Austrian Consumer Protection Act (Konsumentenschutzgesetz).
    5. DNP reserves the right to ownership of all goods up to the complete payment of the purchase price together with additional charges and any interest on arrears. The assertion of the retention of title shall only be construed as a withdrawal from the contract if it has been expressly declared. DNP shall be entitled to charge incurred transport and manipulation charges in the case of withdrawal of the goods. In the case of claims by third parties to the reserved goods, in particular by attachment, the customer undertakes to point out DNP's ownership and to notify DNP immediately. If the customer is a consumer or an entrepreneur whose ordinary business is not trading in the goods purchased by DNP, he may not dispose of the reserved goods until full settlement of the open purchase price, in particular not by way of selling, pledging, giving or lending. The customer bears the full risk for the reserved goods, in particular the risk of destruction, loss or deterioration.
  5. Orders, delivery times and delivery hindrances
    1. Acceptance of orders is always subject to availability. The delivery period for the respective order is stated in the respective order confirmation and, if nothing else is stated, usually takes three to five business days domestically. For deliveries abroad, the delivery period can be extended accordingly. Delivery times are valid from receipt of payment.
    2. If DNP can not deliver and does not offer the purchaser a new delivery date, DNP is entitled to withdraw from the contract in full or in part without incurring any compensation for damages. Similarly, in such cases, the buyer may withdraw from the contract.
    3. In any event, the Company does not accept any orders and does not deliver to countries where specific regulatory or other legal provisions exist which prohibit the delivery of goods to this country or are subject to special regulatory approvals.
    4. Any changes or cancellations of orders by the buyer must be in writing (including by fax or e-mail). In certain cases, DNP reserves the right to accept declarations in a different form.
    5. The delivery is always made by the employees of the Company or a suitable transport company at the choice of DNP. If the customer has not accepted the goods as agreed (delay of acceptance), DNP shall be entitled to store the goods after unsuccessfully giving reasonable notice, for which a storage fee of 0.1% of the gross invoiced amount shall be charged for each calendar day commenced. At the same time, DNP is entitled either to insist on the fulfillment of the contract or to rescind the contract after setting a reasonable additional period of at least two weeks and to sell the goods elsewhere. The client will be billed for a possible deficit amount.
    6. In the event of a default of acceptance or other important reasons, such as in particular bankruptcy of the customer or rejection of the opening of insolvency proceedings for lack of assets or infringement of legal provisions, as well as for default of payment, DNP is entitled to rescind the contract. In case of rescission, DNP shall be entitled to claim liquidated damages of 15% of the gross invoiced amount, without prejudice to the actual damage suffered.
    7. In case of default of payment by the customer, DNP shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and demand advance payments or guarantees or rescind the contract after setting a reasonable deadline. If the customer - without being entitled to do so - withdraws from the contract or desires its termination, DNP has the choice to insist on the fulfillment of the contract or to agree to the recission of the contract; In the latter case, the customer is obliged to pay liquidated damages in the amount of of 15% of the gross settlement amount or the actual damage incurred at the option of DNP.
  6. Transfer of Risk
    1. In the case of self-collection of the goods by the buyer, the benefit and risk shall pass to the buyer at the latest upon handover after payment.
    2. In case of delivery DNP determines the type of transport and the transport route. In the case of delivery, use and risk only pass to the buyer upon delivery of the goods from the carrier to the buyer.
  7. Right to Rescission of the Consumer
    1. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), he can withdraw from the contract within 14 days from receipt of the goods without giving reasons. A detailed information on the right of recission is available on the Company's website at https://shop.deepnatureproject.com/en/widerrufsbelehrung/. There is also a form for submitting the recission notice.
  8. Warranty
    1. The warranty provisions of the Austrian General Civil Code (ABGB) shall apply in principle to all deliveries and services of the Company subject to the following provisions.
    2. Commitments, such as the usability or special characteristics of the goods, or statements made by the employees of DNP, are not binding and do not represent an express assurance of certain features.
    3. Warranty claims are dependent on the fact that defects are immediately reported to DNP, namely recognizable defects immediately upon acceptance, hidden defects after discovery, and with presentation of the goods and the original invoice.
    4. A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
    5. DNP will fulfill its warranty obligations at its discretion either by delivering defect-free goods, improving, delivering the deficient quantities or unwinding the contract (i.e., repayment of the purchase price) within a reasonable period of time.
    6. For transactions with consumers as defined by the Austrian Consumer Protection Act (Konsumentenschutzgesetz), instead of the provisions of paragraphs 8.2. through 8.5, in the event of a defect, the customer may demand improvement, exchange of the goods, reasonable price reduction or conversion in accordance with the statutory provisions.
    7. For reasons of taste, commercially regular or minor deviations of the quality, quantity, color, size, weight, equipment or design, which are technically caused, neither represent a defect in the warranty nor do they fail to fulfill the contract. In particular it has to be noted that the products of the Company are natural products which can inevitably change from batch to batch in fragrance, appearance and composition.
    8. DNP shall not be liable for the taste, color, material and pattern of conformity or other characteristics of reordered goods. The same applies to the goods ordered according to samples, as far as the deviation is within the commercial and technical limits.
    9. After tasting, consumption or started processing of the goods any warranty is excluded.
    10. Electronic Processing of Customer Data
    11. The buyer agrees that the personal data cited in the purchase contract and disclosed by him at the time of registration or order are stored and processed in compliance with the provisions of the Data Protection Act. These data are used, to the extent necessary, to comply with legal requirements, the handling of payment transactions, customer care and marketing purposes. Furthermore, the customer agrees to receive from DNP electronic mail (for example, by email) for advertising purposes. This consent can be revoked at any time by e-mail to office@deep-nature.at.
  9. Miscellaneous
    1. If individual provisions of the contract or these general terms and conditions are invalid, this does not result in the invalidity of the entire contract or the entire general terms and conditions. The remaining contractual content or the remaining general terms and conditions remain unchanged.
    2. The place of performance for DNP as well as the buyer shall be the registered office of the Company.
    3. Austrian law shall apply to all disputes arising out of or in connection with the contract, with the exclusion of the international conflict of law rules and excluding the UN Convention on the Sale of Goods.
    4. The competent court of law at the registered seat of the Company shall have exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship. This does not affect mandatory legal venues for consumers.