General Terms and Conditions of “Almdudler Limonade“ A. & S. Klein GmbH & Co KG
Scope of application
These General Terms and Conditions of Business (hereinafter also referred to as “GTC“) shall apply to all contracts entered into via the online store www.almdudler.com by “Almdudler-Limonade“ A. & S. Klein GmbH & Co KG (hereinafter also referred to as “ALMDUDLER") and the purchaser of goods (hereinafter also referred to as ”CUSTOMER“), as amended on the date of the order in question.
These GTC shall only apply with regard to CUSTOMER who are consumers as defined by Directive 2011/83/EU. No goods will be sold to entrepreneurs.
By sending off the order form, the CUSTOMER accepts the GTC, as amended on the date in question, as binding. The GTC shall apply exclusively. ALMDUDLER will not accept deviating or contradictory General Terms and Conditions of business or contract.
Offer and conclusion of contract
The parties to the contract are the CUSTOMER and “Almdudler-Limonade“ A. & S. Klein GmbH & Co KG, Grinzinger Allee 16, 1190 Vienna. The language of the contract, the order and the overall transaction shall be German.
The pictures of Almdudler merchandise shown in the online store are not binding. Any images there are merely symbolic.
Offers are valid while stocks last. CUSTOMERS will be informed via email if stocks have run out.
Products may initially be placed in the Shopping Cart without any commitment and you may review your entries, using the tools provided for this purpose as part of the order procedure, at any time before sending your binding order. By clicking the order button ("buy now"), you will place a binding order of the goods in your shopping cart.
Your order will be confirmed immediately after sending by an automated email. This only means that ALMDUDLER has received your order, and does not constitute an acceptance of the CUSTOMER’s offer.
A binding contract will take effect only upon acceptance of the offer by ALMDUDLER. The offer shall be accepted within 7 days of receipt of the order. If this deadline has passed without acceptance, the offer shall be deemed to have been rejected. Acceptance of the offer will be signified by sending an order confirmation or by sending the goods ordered. Order confirmations will usually be sent by e-mail.
3. Storage of the text of the contract
We will save the text of the contract and send you the order data and our GTC per email. You will also, at all times, find the current version of the GTC at www.almdudler.com. For safety reasons, your former orders will no longer be accessible via the Internet.
4. Terms of delivery
ALMDUDLER will only agree to ship the goods. Customers will not be permitted to collect the goods themselves. ALMDUDLER will not deliver to a “Packstation”, either.
With deliveries within Austria and Germany the delivery is free of charge over a purchase value over € 20,00.
Unless otherwise agreed, delivery will be made to the address given by the Customer.
The delivery period shall be one week; however, this may depend on the respective carriers and may, in some cases - unless otherwise stipulated or agreed in writing – be extended up to 30 days as from the date of submission of the order.
In cases where delivery dates cannot be met, the CUSTOMER will be informed and, at the same time, notified of the expected new delivery date. In case of a delay of more than three weeks, the CUSTOMER shall be entitled to cancel the order and withdraw from the contract. Any payments that may already have been made shall be refunded to the CUSTOMER immediately in such a case.
ALMDUDLER accepts no liability for delivery problems that fall within the sphere of responsibility of suppliers and producers. Should ALMDUDLER find itself unable to comply with the agreed delivery time due to circumstances beyond its control (particularly in cases of failure to deliver on the part of suppliers and producers) or Force Majeure, ALMDUDLER shall be entitled to withdraw from the contract, either entirely or partially.
The CUSTOMER expressly approves the usual methods of despatch of the goods ordered, such as mail, railway, plane and ship, as well as private messenger and delivery services like DHL, etc.
The risk of loss of or damage to the goods shall pass to the CUSTOMER upon delivery of the goods to the CUSTOMER or to a third party designated by the latter, which must not be identical with the carrier. In cases where the CUSTOMER has arranged for shipping on its own account, without availing itself of any of the options proposed by ALMDUDLER, the risk shall be transferred upon delivery of the goods to the carrier.
Transport damage, if any, shall be communicated to the respective carrier immediately.
5. Prices and retention of title
All prices quoted are gross prices in €, including statutory VAT. Shipping costs are not included. For the applicable rates at any given time, please refer to the relevant section of our online shop under www.almdudler.com.
ALMDUDLER shall retain ownership of the goods until receipt of the full purchase price plus any delivery and shipping costs.
6. Terms of payment
The purchase price shall be due for payment as soon as the order has been accepted. The statutory provisions on default shall apply. In case of default of the CUSTOMER, ALMDUDLER shall be entitled to demand interest, default charges and, if necessary, collection fees, to the extent that the latter are permitted by law.
ALMDUDLER accepts the following payment methods:
Credit card (Visa, MasterCard)
Your credit card will be charged upon completion of the order.
ALMDUDLER also offers the option of payment by SOFORT transfer. By this method, ALMDUDLER will receive the credit transfer directly, which accelerates the entire order process. For this option, all you will need will be the account number, bank code, PIN and TAN. SOFORT GmbH will effect an automatic transfer in real time from your online bank account via its secure payment form, which is not accessible to ALMDUDLER. The amount of the purchase price will be transferred instantly and directly to the bank account of ALMDUDLER. If you select the SOFORT Transfer payment option, a prefilled form will open up at the end of the ordering process. This already contains the bank data of ALMDUDLER, as well as the amounts to be transferred and the purpose of the payment. All you need to do is to select the country in which you keep your online banking account, and enter the bank code number, followed by the same data as when registering for online banking (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of receipt immediately. Generally speaking, any Internet user can take advantage of the SOFORT Transfer as a method of payment provided they have an activated online banking account with PIN / TAN procedure. Please note that there are still a few banks that do not yet offer SOFORT Transfer. To find out whether your bank supports this service, please visit: https://www.sofort.com/eng-DE/general/fuer-kaeufer/fragen-und-antworten/.
7. Instructions on the right to cancellation
CUSTOMERS who are consumers as defined by Directive 2011/83/EU are entitled to cancel their contract within 14 days, without being required to give any reason for doing so.
Right to cancel
You are entitled to cancel this contract within 14 days, without being required to give any reason for such cancellation. The cancellation period is 14 days, calculated as from the date on which you, or a third party designated by you, who must not be identical with the carrier, have/has taken possession of the last item of your order.
To exercise your right of cancellation, you must inform us (“Almdudler Limonade“ A. & S. Klein GmbH & Co KG, Grinzinger Allee 16, 1190 Vienna; firstname.lastname@example.org; Telefon: 0043/1/370 36 36-0; Fax: 0043/1/370 36 36-90) of your decision to cancel this contract by means of an unequivocal declaration to this effect (e.g. by a letter sent by post, fax or email). You may use the attached model cancellation form for this purpose; however, the use of this form is not mandatory.
To comply with the deadline of cancellation, it will be sufficient for you to post the declaration of your intent to cancel the contract before the expiry of the cancellation period.
Consequences of cancellation
Should you decide to cancel this contract, we will be obliged to repay the amount that we have received from you, including the delivery costs (with the exception of any additional costs resulting from your having chosen a different delivery option than the most economical standard option offered by us), immediately and no later than within 14 days of the date on which we have received the notification of your intention to cancel this contract. For this repayment, we shall use the same means of payment that you have used during the original transaction, unless expressly agreed otherwise with you; under no circumstances will we charge you any fee in connection with such repayment.
We are entitled to refuse repayment until the earlier of the date on which the goods have been returned to us or the date on which you have provided us with evidence that you have despatched the goods for return to us.
You are obliged to return the goods to ALMDUDLER immediately and, in any case, within 14 days of the day on which you have informed us of your intention to cancel this contract. This deadline shall be deemed to have been complied with if you have despatched the goods before the expiry of the 14-day period.
The direct costs of returning the goods shall be borne by you.
A loss of value of the goods, if any, will only be charged to you in cases where such loss is due to your handling the goods in a manner that was not necessary to ascertain their nature, characteristics and functionality.
No rights of cancellation shall apply with regard to the following contracts:
Contract for delivery of sealed goods which, for reasons of health protection or hygiene, can no longer be returned if their seal has been broken after delivery.
Model cancellation form
(if you wish to cancel your contract, please complete this form and send it back to us.)
To “Almdudler Limonade“ A. & S. Klein GmbH & Co KG, Grinzinger Allee 16, 1190 via, email@example.com, Fax: 0043/1/370 36 36-90
I/we (*) hereby cancel the contract entered into by me/us (*) concerning the purchase of the following items (*)/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 applicable if cancellation is notified on paper)
(*) Delete as appropriate
8. Warranty and Limitations of Liability
Unless expressly agreed otherwise hereinafter, the general statutory warranty provisions shall apply. The warranty period shall be 24 months from the date of receipt of the goods.
In the case of purchases of used articles, the CUSTOMER’s claims for defects shall expire within one year of receipt of the goods.
The liability of ALMDUDLER for contractual and tortious breach of duty shall be limited to intent and gross negligence. Any liability on the part of ALMDUDLER for slight negligence shall be excluded, except in cases where such liability is based on injury to life, limb or health.
9. Data protection
Provisions concerning data protection may be found in the Data Privacy Statement, which is retrievable under www.almdudler.com.
The place of performance of all contracts entered into with ALMDUDLER via www.almdudler.com shall be the registered office and principal place of business of ALMDUDLER (Grinzinger Allee 16, 1190 Vienna).
This contract shall be governed exclusively by Austrian law, with the exception of its conflict of laws rules and the provisions of the UN Sales Convention. In the case of consumers within the EU, their respective mandatory national consumer protection rules shall apply unless the relevant Austrian rules are more favourable to consumers.
In the case of contracts with consumers from EU Member States, the consumer shall be entitled to choose between the jurisdiction of the competent court at his own place of residence and that at the principal place of business of ALMDUDLER.
Alterations and amendments to contracts must be made in writing. This also applies to any waiver of this requirement of the written form. Should one or more provisions of these GTC be invalid, both the contract as a whole and the other effective provisions of this GTC shall remain in force.
11. Online Dispute Resolution
The EU Commission makes an online dispute resolution platform ("ODR platform") available. It provides for the possibility for consumers to resolve disputes in connection with an online order without addressing a court in the first place.
In accordance with Art. 14(1) of Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes (so-called “ODR Regulation“), we refer you 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 contact us in this regard by e-mail at: firstname.lastname@example.org