1. General
1.1 WILDKRAUT GmbH (hereinafter referred to as “WILDKRAUT” for short), FN 539579z, Austria, 6830 Rankweil, Alemannenstrasse 49, provides its services exclusively on the basis of the following General Terms and Conditions (GTC).
1.2 The following terms and conditions apply to all business transactions between WILDKRAUT and its customers. Customers in the sense of these terms and conditions are consumers in the sense of the Consumer Protection Act (KSchG).
1.3 In the WILDKRAUT webshop https://at.wildkraut.com/en/cart/ the customer declares himself to be in agreement with the general terms and conditions by clicking on the checkbox “I have read and accepted the terms and conditions” and then placing the order. In the WILDKRAUT business premises, the agreement to the general terms and conditions takes place with the purchase of the goods by the customer.
1.4 The General Terms and Conditions can be changed by WILDKRAUT at any time and apply in the version current at the time of the customer’s order.
2 Conclusion of contract
2.1 The conclusion of the contract between WILDKRAUT and the customer takes place either
a.) in the WILDKRAUT Webshop or
b.) in the course of a personal sales talk at any location or
c.) at one of WILDKRAUT’s own sales locations.
2.2 The presentation of goods in the WILDKRAUT Webshop is not a binding offer of sale. Only after selecting the goods and carrying out the necessary order steps does the customer submit a binding offer to WILDKRAUT by clicking the button “order subject to payment”.
2.3 WILDKRAUT confirms receipt of the order (the binding offer) by sending a confirmation e-mail to the customer. Acceptance of the contract by WILDKRAUT is effected by delivery of the goods or an express declaration of acceptance. The declaration of acceptance can also be made together with the confirmation email.
2.4 WILDKRAUT will accept or reject the offer no later than 7 days after its receipt. The customer is bound to his offer for this period. In the event of rejection, WILDKRAUT will immediately refund any advance payments made.
3. OUR PRODUCTS BY SUBSCRIPTION
3.1 We offer you the opportunity to purchase our Products by subscription.
If you have subscribed to Products, they will be automatically ordered for you and delivered to your specified delivery address at the delivery frequency and quantity of Products selected by you at the time of ordering, without any action on your part.
Each individual order within the scope of the subscription constitutes an independent purchase contract.
The contract is concluded when we debit the price for the respective individual order.
You will receive an order confirmation for each individual order and a dispatch confirmation as soon as we have dispatched the order.
3.2 When ordering for the first time, you will be asked to set an individual password if you do not already have a customer account with us.
Your user name corresponds to your e-mail address provided during the ordering process.
In your individual customer account, you can change the delivery frequency, the subscribed delivery quantity and the delivery address at any time or cancel your subscription altogether.
Changes or cancellation of your subscription will only take effect if they are made at least 24 hours before the next debit date.
You will find the next debit date on your customer account.
The subscription will continue until it is cancelled.
We reserve the right to cancel your subscription at any time.
If your subscription is cancelled, you will be notified accordingly.
3.3 If any problems arise in connection with your delivery address or payment processing that we are unable to resolve, we will notify you at the email address registered in your customer account and suspend your subscription.
No further subscription orders will be processed or delivered until the problem is resolved.
3.4 Your other rights remain unaffected.
4. Prices and shipping costs
3.1 The prices of the respective goods are displayed in the WILDKRAUT web shop and, unless otherwise stated, include sales tax and are given in euros.
3.2 The displayed goods prices do not include shipping costs which are to be borne by the customer. WILDKRAUT will invoice the customer for the costs actually incurred for shipping, including a reasonable surcharge for managing directors. As far as such costs are incurred, these are visible to the customer when confirming the order that is subject to payment. With this confirmation, the customer accepts the shipping costs incurred.
5. Payment methods, late payment, retention of title
5.1 WILDKRAUT offers the following payment methods for the payment of the purchase price, whereby WILDKRAUT can determine the payment method individually for each customer and for each order.
Advance (bank transfer)
The customer has to pay within one week of receipt of the declaration of acceptance. As soon as the payment has been received, the delivery of the ordered goods will be initiated. Account fees for international transfers (not SEPA) are borne by the customer.
Credit card, paypal
This payment method is possible nationally as well as internationally. Payment is made directly during the ordering process by debiting your credit card or your PayPal account. For more information on the payment methods, see the information on data protection.
5.2 In the event of default in payment, the customer will be charged default interest at the statutory rate. The interest rate is 5% above the base rate. In the event of a recurrence, the customer will be charged a lump sum of EUR 20 as compensation for the running costs incurred. If a debt collection agency is called in, the customer undertakes to reimburse WILDKRAUT for the costs incurred.
5.3 The object of purchase remains the property of WILDKRAUT until full payment has been made.
6. Customs regulations, import and export regulations
6.1 The import and customs regulations of the respective country must be observed by the customer and adhered to at their own risk.
6.2 The customer bears the risk for all consequences from the inadmissible dispatch of goods abroad, non-compliance with the import and customs regulations of foreign countries (including the transit regulations), from the wrong or inadequate copy of the customs declaration, the green customs label or other accompanying documents as well the non-observance of the applicable export regulations. This also applies to damage suffered by the sender due to the loss of the right to compensation if the shipment is confiscated by the customs authorities of a foreign country. It is the responsibility of the customer to obtain information from the recipients of the shipments, the diplomatic missions in the countries of destination or transit, the foreign trade offices, the chambers of industry and commerce or other offices.
7. Right of withdrawal
7.1 Consumers within the meaning of the Consumer Protection Act have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which the customer or a third party named by him who is not the carrier took possession of the goods.
7.2 In order to exercise the right of withdrawal, the customer must inform WILDKRAUT of his decision to withdraw from the contract by means of a clear declaration (post, fax or email). The customer can use the attached sample cancellation form (point 11) for this. The declaration of withdrawal should preferably be submitted via email to office@energysniff.com.
7.3 To meet the cancellation deadline, it is sufficient if the notification of the exercise of the right of cancellation is sent before the cancellation period has expired.
7.4 The right of withdrawal does not apply to packaging that has already been opened, nor to goods that are manufactured according to customer specifications, which are clearly tailored to personal needs, which due to their nature are not suitable for a return, which can spoil quickly or whose expiration date has been exceeded (§ 18 para 1 FAGG).
8. Consequences of withdrawal
8.1 If the customer has revoked the contract, WILDKRAUT has to reimburse the customer immediately and at the latest within 14 days from the day on which the notification of the revocation of the contract was received by WILDKRAUT is. This also includes the delivery costs that the customer paid to WILDKRAUT. However, delivery costs that result from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by WILDKRAUT (e.g. express delivery) are excluded.
8.2 WILDKRAUT may, however, refuse repayment until WILDKRAUT has received the goods back in good condition or the customer has provided evidence that the goods have been returned.
8.3 WILDKRAUT uses the same means of payment that the customer used in the original transaction for the repayment/refund. However, WILDKRAUT can also use another means of payment if the customer does not incur any costs.
8.4 The customer must return the goods to WILDKRAUT immediately and in any case, at the latest within fourteen days from the day on which WILDKRAUT was informed of the cancellation of the contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer has to bear the costs of the return himself.
9. Liability and Warranty
9.1 WILDKRAUT’s liability for slight negligence is expressly excluded, although this does not apply to personal injury. The injured party has to prove the existence of slight or gross negligence, unless it is a consumer transaction. The provisions on damages contained in these GTC or otherwise agreed upon also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
9.2 All goods offered in the WILDKRAUT webshop are offered and sold by WILDKRAUT for a specific purpose. WILDKRAUT assumes no liability whatsoever for improper use (in the sense of improper consumption, tasting, processing, etc.). The intended purpose of the goods, which WILDKRAUT undertakes when advertising the products on the packaging, on the website, in social media channels or in the shop, must be strictly observed.
9.3 Taste reasons, customary or minor, technical deviations in quality, color, size or weight of the respective products do not constitute warranty defects or non-fulfillment of the contract. The customer’s attention is drawn to the fact that the goods offered in the WILDKRAUT webshop are natural products which may differ in their appearance, their scent or in their composition from the other products of the same product type.
10. Dispatch/shipment/ transfer of risk
10.1 If the customer wishes the goods to be sent, the customer bears the risk of the transport. The risk of loss or damage to the goods is transferred to the customer as soon as WILDKRAUT has handed the goods over to the carrier.
10.2 Unless otherwise agreed in individual cases, the goods are dispatched within 7 days of receipt of payment in the case of prepayment and within 7 days of sending the declaration of acceptance from WILDKRAUT to the customer for other payment methods. WILDKRAUT is entitled to exceed the delivery period by up to 7 days. Only after this period has expired is the customer entitled to withdraw from the contract after setting a reasonable grace period.
10.3 If the customer has not accepted the goods as agreed (default in acceptance), the customer must bear all costs arising from the default in acceptance. This includes any costs of returning the goods to WILDKRAUT, costs of re-shipping to the customer and any costs of storing the goods.
10.4 WILDKRAUT is entitled, but not obliged, to store the goods at the customer’s expense and risk, or to store them with an authorized entrepreneur. In this case, WILDKRAUT can charge reasonable storage fees. Unless WILDKRAUT can provide evidence of higher storage fees, these amount to at least 0.1% of the gross invoice amount for each calendar day commenced.
11. Applicable law, place of jurisdiction, place of performance
11.1 Substantive Austrian law is applicable to this contract, excluding the reference norms of international private law.
11.2 For the decision of all disputes arising from the contract as well as all obligations arising from these general terms and conditions, this is the competent court at the headquarters of WILDKRAUT GmbH has exclusive jurisdiction. Mandatory places of jurisdiction for consumers remain unaffected.
11.3 The place of performance is the headquarters of WILDKRAUT GmbH.
12. Severability Clause
In the event that individual provisions of these general terms and conditions are and / or become ineffective, this does not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective one that comes closest to its purpose.
13. Withdrawal Form
Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back to 6830 Rankweil, Alemannenstrasse 49 or by email to office@energysniff.com
I / we * hereby revoke the contract concluded by me / us * on:
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)
Date / signature ** of the consumer (s)
* Delete where inapplicable
** Only when notified on paper.
