General terms and conditions of business
1. Scope
All offers, services, and deliveries resulting from contracts concluded via shop.mielo.eu are subject to these General Terms and Conditions. Conflicting General Terms and Conditions (“GTC”) of customers are not applicable. Contractual fulfillment actions by Dr. Ernst Brandl, Imkerei Brandl, (hereinafter also “Beekeeping”, “we”; “Seller”) do not constitute consent to contractual terms that deviate from these GTC.
2. Shop Operator
For all purchases made via “shop.mielo.eu,” you enter into a contract with:
Dr. Ernst Brandl, Brandl Beekeeping
Kampfeld 23
3543 Krumau am Kamp
Austria
mielo.eu
office@mielo.eu
Tel. +43 676 412 82 13
UID: ATU62467333
3. Offers and Conclusion of Contract
a) All offers on the website “shop.mielo.eu” are subject to change without notice. The customer is merely invited to submit an offer by placing an order.
b) If the buyer (hereinafter also “you”) wishes to purchase a jar of honey in the online shop, their offer is made by:
i) selecting the desired product;
ii) entering the login details for registration in the online shop (first name, last name, street and house number, postal code, city, country, email address); after the initial registration, only one further registration with an email address and password is required;
iii) Display of pre-contractual information for consumers in accordance with Section 5a of the Consumer Protection Act (KSchG) and Section 4 of the Federal Act on the Protection of Personal Data (FAGG);
iv) Selection of shipping method and payment method (advance payment);
v) Review of the information in the shopping cart;
vi) Confirmation by clicking the “Order with payment” button;
vii) Re-checking and, if necessary, correction of the entered data by the customer;
viii) Binding submission of the order. By doing so, you submit a binding offer to conclude a purchase contract. Furthermore, by submitting the order, you acknowledge the pre-contractual information for consumers and these General Terms and Conditions as decisive for the legal relationship with us. The beekeeping company is not obligated to accept your offer.
c) After clicking the “Order with payment” button, we will send you an automatically generated email to the address you provided (“confirmation email”). With this email, we merely confirm receipt of your offer. The confirmation email does not constitute acceptance of this offer. Please check the information in this email. If you find any errors, please notify us as soon as possible.
d) If you make us an offer to purchase one of our honey jars, we may accept your offer by expressly confirming the purchase in a subsequent email or by other means, or by sending you the purchased goods.
4. Delivery
a) We only ship to Austria.
b) We reserve the right to ship orders up to 14 business days after you have sent us a payment confirmation by email to office@mielo.eu and we have received it.
c) Deliveries are made at the purchaser’s risk.
d) We are only obligated to perform the service once the buyer has fulfilled all of their obligations, in particular the payment of the purchase price.
e) We are entitled to exceed the agreed dates and delivery periods by up to two weeks. Only after this period has expired is the buyer entitled to withdraw from the contract after setting a reasonable grace period.
5. Default of Acceptance
a) If the buyer has not accepted the goods as agreed, they are in default of acceptance. In this case, after setting a grace period without result, we are entitled to store the goods either at our premises or with an authorized trader at the buyer’s expense and risk. For this purpose, we may charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof.
b) At the same time, we are entitled to either insist on fulfillment of the contract or, after setting a reasonable grace period of at least two weeks, to withdraw from the contract and dispose of the goods for another purpose.
6. Purchase Price
a) Our prices listed in the online shop include all taxes. The prices stated are valid until a new price list is published. The binding prices are displayed in the “Shopping Cart” and in the order overview before completing the order.
b) Unless otherwise agreed, the invoice amount is due for payment immediately upon conclusion of the purchase contract. The purchase contract is concluded upon acceptance by actual receipt of the honey jars or, in the case of acceptance by email, upon receipt of the email.
7. Shipping Costs
There are no shipping costs for you. The shipping costs for delivery are borne by the beekeeper. The costs for any return shipment are borne by the purchaser.
8. Retention of Title
a) All goods are delivered subject to retention of title and remain the property of the purchaser until full payment has been made from beekeeping.
from beekeeping.
b) The assertion of retention of title shall only constitute a withdrawal from the contract if this is expressly declared.
9. Right of withdrawal pursuant to Section 11 of the Distance and Doorstep Selling Act (FAGG)
a) Buyers who are consumers within the meaning of the Austrian Consumer Protection Act may withdraw from a contract concluded via distance selling (or a contractual declaration made via distance selling) within a period of 14 calendar days – unless a statutory exception applies. This also applies to purchase contracts concluded via shop.mielo.eu.
b) The withdrawal period is fourteen calendar days. For contracts for the delivery of goods, it begins on the day on which the consumer (buyer) or a third party designated by the consumer, who is not the carrier, takes possession of the goods. In the case of a contract for multiple goods ordered in a single order and delivered separately, the withdrawal period begins on the day on which the consumer (buyer) or a third party designated by them, other than the carrier, takes possession of the last item. It is sufficient for the consumer (buyer) to send the declaration of withdrawal within the period.
c) To withdraw from the purchase contract, the buyer must declare their withdrawal (e.g., by mail or email). This declaration is not subject to any specific form. However, you can also use the electronic withdrawal form at shop.mielo.eu.
d) It is sufficient for the declaration of withdrawal to be sent within the period without stating any reasons. Saturdays, Sundays, and public holidays are included in the calculation of the withdrawal period.
e) The buyer must return the goods complete and in their original seal to Imkerei Brandl, Kampfeld 23, 3543 Krumau am Kamp, within 14 days of exercising the right of withdrawal.
f) In the event of withdrawal, a refund of the purchase price will be made within 14 days of receipt of the complete and originally sealed return of the goods received from the purchaser. For this refund, we will use the same means of payment that was used for the original transaction, unless expressly agreed otherwise with you. The return shipping costs are to be borne by the buyer.
g) The goods must be returned unused and in their original packaging. In particular, the honey jars must not have been opened. If the seal on the honey jars is removed after delivery, the consumer loses their right of withdrawal according to Section 18 Paragraph 1 Item 5 of the Federal Act on the Protection of Personal Data (FAGG), as the honey jars are then no longer suitable for return for hygiene reasons.
h) For goods that show signs of wear, we will charge a reasonable fee for the reduction in value.
10. Payment Terms and Default Interest
a) Payment can be made by credit card (Visa, Mastercard), by direct bank transfer, via PayPal, or in advance. Advance payments must be made in full directly to our bank account.
IBAN: AT49 2011 1202 7680 7405
BIC: GIBAATWWXXX
Purpose: Your order number
b) In the event of default by the buyer, we are entitled, at our discretion, to demand compensation for the actual damage incurred or default interest at the statutory rate. For consumers, this is 4% pa, for businesses: 9.2% pa above the base interest rate.
c) In the event of default by the buyer, we are also entitled to demand compound interest from the date of delivery of the goods.
11. Damages
a) All claims for damages are excluded in cases of slight negligence. This does not apply to personal injuries. Unless the transaction is a consumer transaction, the injured party must prove the existence of slight or gross negligence.
b) The provisions regarding damages contained in these Terms and Conditions or otherwise agreed upon shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
12. Reminder and Collection Fees
a) In the event of late payment, the buyer undertakes to reimburse us for reminder and collection fees incurred, insofar as they are necessary for appropriate legal action.
b) For business transactions, this includes a lump sum of EUR 40 as compensation for collection costs in accordance with Section 458 of the Austrian Commercial Code (UGB). The assertion of further rights and claims remains unaffected.
13. Right of withdrawal of the beekeeper and unjustified withdrawal by the buyer
a) In the event of default in acceptance (Section 5) or other important reasons, in particular default in payment by the buyer, we are entitled to withdraw from the contract, provided it has not yet been fully fulfilled by both parties.
b) In the event of withdrawal, if the buyer is at fault, we have the choice of demanding flat-rate compensation of 15% of the gross invoice amount or compensation for the actual damage incurred.
c) In the event of default by the buyer, we are released from all further performance and delivery obligations and are entitled to withhold any outstanding deliveries or services and to demand advance payments or securities, or to withdraw from the contract after setting a reasonable grace period.
d) If the buyer withdraws from the contract without being entitled to do so or requests its cancellation, we have the choice of insisting on the fulfillment of the contract or agreeing to its cancellation. In the latter case, the buyer is obligated to pay a lump-sum compensation amounting to 15% of the gross invoice amount or the actual damage incurred.
14. Data Protection and Change of Address
a) By placing your order, you agree that the personal data contained in the purchase contract will be stored and processed by us using automated means in order to fulfill this contract. The data transmitted to us will be treated confidentially.
b) You can revoke your consent to the transfer and processing of your personal data in writing at any time. You can notify Imkerei of your revocation at any time by sending an email to office@mielo.eu.
c) You are a data subject within the meaning of the EU General Data Protection Regulation (Regulation (EU) 2016/679) because your personal data is being transferred or processed. You are therefore entitled to the “rights of the data subject” pursuant to Articles 12 to 23 of the EU General Data Protection Regulation, which you can exercise at any time.
d) You are obligated to notify us of any changes to your residential or business address as long as the contractual transaction has not been fully fulfilled by both parties. If you fail to notify us, declarations shall be deemed received even if they are sent to the last address you provided. Deliveries shall be deemed received in a manner discharging debt if they are delivered to the delivery address you provided or, due to lack of deliverability, have been deposited with the delivery service.
15. Warranty
If the beekeeping business provides defective services, the buyer has the right to assert warranty claims within the scope of the statutory warranty provisions.
16. Consent pursuant to Section 107 of the Telecommunications Act (TKG)
The buyer consents to receive messages within the meaning of Section 107 of the Telecommunications Act (TKG) for advertising purposes from the beekeeping business or from companies commissioned by the beekeeping business. This consent can be revoked by the customer at any time by contacting office@mielo.eu.
17. Severability Clause
Should any provisions of these Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining terms and conditions. The invalid or unenforceable provisions shall be replaced by valid and enforceable provisions whose economic content corresponds as closely as possible and legally permissible to the intended purpose of the invalid or unenforceable provisions.
18. Final Provisions
a) This purchase agreement is governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law provisions of private international law.
b) The contract language is German.
c) The contract text will not be saved.
d) The exclusive place of jurisdiction is Vienna. However, Section 14 of the Austrian Consumer Protection Act applies to claims against consumers.
