General Terms and Conditions of Tyroler Glückspilze® Mushroom Production Center GmbH (effective from: May 17th, 2018)
Out company stated in this imprint operates this online store
Mushroom Production Center GmbH
Karmelitergasse 21, 6020 Innsbruck, Austria
Phone: +43 512 25 10 66, Telefax: +43 512 23 89 71
Office hours: Monday – Friday 8 am to 6 pm
For information, suggestions or complaints please send an e-mail to: firstname.lastname@example.org
CEO: Mark Stüttler
Postal address: as mentioned above
Owner, publisher and responsible for content: Mushroom Production Center GmbH, Mark Stüttler
Legal provisions: Austrian Trade Regulation Act (Gewerbeordnung – www.ris.bka.at)
Type of business: Commercial enterprise
Chamber affiliation: Member of Austrian Economic Chamber (WKO)
Regulatory authority according to ECG: Municipal administration of the City of Innsbruck, City Hall, Maria-Theresien-Straße 18, 6020 Innsbruck, Austria
Business purpose: Production, cultivation and distribution of mushrooms, including mycelium, spawn and spores and production and distribution of relating raw materials and equipment.
Voluntary code of conduct: www.guetezeichen.at
VAT: AT U67255604
Commercial registration number: FN 380116 w
Commercial register court: LG Innsbruck
Organic control body: AT-BIO-701, BIKO Tirol
2. General information
This general terms and conditions are valid for sales and delivery of merchandise by our company. By clicking the checkbox “I read and understand the terms of service” during ordering process, you acknowledge and agree that you accept this general terms and conditions. The products and services offered at our web store are non-binding offers. An order of an fully legal competent customer (persons at the age of 18 years or older) is qualified as an offer for conclusion of a sales contract. The order confirmation that is automated sent via or web shop software, is not a binding acceptance of this offer. The contract is only concluded, when we ship out your order. All supplies and services offered at our web page are non-binding offers, valid only as long as stocks last.
3. Contractual language
The contractual language is German, the English translation is for information only.
The prices are valid at the time of ordering including legal VAT tax, additional shipping costs and fees affiliated with shipping. The costs for shipping are displayed in the shopping basket prior conclusion of contract, and in the order confirmation mail sent after ordering. Any import or export taxes or fees shall be paid by the buyer. (Information regarding import taxes for merchandise form Austria to your country can be asked at your local tax office).
For merchandise, shipped to destinations outside the customs and tax territory of the European Union (EU) we quote tax free net prices, your local taxes and a customs fee must be paid additional when you receive your shipment. For purchases from companies located inside EU territory that got a valid VAT number, we quote tax free net prices.
The agreement currency is Euro.
5. Right of withdraw for consumer
(Consumer is every natural person, that concludes a legal transaction with no commercial or professional purpose.)
Right of withdraw
You got the right of cancelling your order within 14 days without giving any reasons. This withdrawal period is 14 days from the day you received the merchandise.
To exercise your right of return and withdrawal, you have to inform us (Mushroom Production Center GmbH, Karmelitergasse 21, 6020 Innsbruck, Austria, Phone: +43 512 251066, Fax: +43 512 238971, E-Mail: email@example.com) by a clearly statement in written form (i.e. E-Mail, letter via regular mail or fax) about your decision, to cancel the sales contract. Therefor you can use the following sample form or just write an informal letter.
To comply with the terms of the withdrawal period, it is sufficient that you send notice of your cancellation of the contract before the expiry of the 14-day period.
Consequences of cancellation
If you withdraw from your contract, we must return all payments we received from you including shipping costs promptly, not later then 14 days after we received your letter of withdraw. The payment will be returned on the same way, we received it, unless otherwise agreed with you. In no case we will charge additional fees for the return of your payment.
We may refuse refund of your payment, until the returned goods have been received or until you prove that the goods have been sent back to us, whichever is earlier. You should return the goods in any case within 14 days from the day you informed us about your cancelation. This time limit is complied, if you send the goods away within this period of 14 days.
You are responsible for the costs of the return shipment. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
Exclusion form right of withdraw
The right of withdraw is not applicable for contracts
for delivery of merchandise, that are not prefabricated and for their production and individual selection or propose is appointed by the consumer or which have clearly been tailored to the customer´s needs
for delivery of perishable goods
for delivery of sealed goods, that cannot be returned unsealed, because of health and security reasons, if the seal was broken
for delivery of goods, that have been mixed with other goods after delivery, by reason of their nature
for delivery of alcoholic beverages, their price
for delivery of audio or video recordings or computer software, that are sold in a sealed package, if the seal is broken
for delivery of newspapers, magazines, journals except for subscription contracts
Sample cancellation form
(If you want to cancel your order, please fill in this form and send it to us)
To: Mushroom Production Center GmbH, Karmelitergasse 21, 6020 Innsbruck, Austria Phone: +43 (0) 512 25 10 66, Fax: +43 (0) 512 23 89 71, E-Mail: firstname.lastname@example.org
I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/provision of the following service*
Order date* / received on *
Name of consumer
Address of consumer
Siganture of consumer (only needed for notifications on paper)
* Delete as applicable
We accept following means of payment
- card payment (Master Card, Visa)
If you pay with your card, the payment will be deducted from your account within 1 week. For procession of your card payment, following data is needed:
Card owner, card number, card provider, validity date, CVV-code.
The data will be sent via SSL encryption with at lease 128 bit key and are not visible for unauthorised persons. More information about that can be found here:
- Cash on delivery
(Only for orders inside Austria)
- Bank transfer
If you want to pay with bank transfer, you have to transfer the payment within 1 week after reception of the order confirmation. The order will be dispatched after we received the payment.
We only accept cash payments in Euro (EUR) currency.
7. Delay of payment
In case of delay of payment, we have the right to claim statutory default interest.
8. Expenses for reminders and collection costs
The purchaser commits himself, to cover all expanses for reminders and collection costs in case of default of payment, even for default of payment for which the purchaser is not responsible, as long as they are necessary to do an adequate prosecution and as they are adequate in relation to the claim.
9. Default of acceptance
For default of acceptance of delivery to customers, which make their purchase for business purpose, we have the right, to store the ordered goods and quote a storage fee of EUR 0,01 per day and we will insist upon the fulfilment of the contract.
10. Retention of title
We shall retain title to the goods and services delivered to you or to the media processed or created by us until all claims deriving from the business relationship are met, including interest, ancillary claims and the costs of any legal proceedings, including costs relating to any necessary intervention in respect of a levy of execution on the goods by a third party.
11. Data security
Your data is only processed for execution of your inquiries and orders and are not forwarded to third parties. We dissociate ourselves from any form of spam-ads and are always endeavoured to avoid unwanted and unnecessary mailings.
12. Warranty, liability, guarantee
For all merchandise from our store, a statutory right of warranty applies. The warranty period is 24 months from the day you received the goods or services. In case of justifiable deficiencies, you have the right to get complimentary replacement or correction within a reasonable period. In case that a replacement or correction is not possible, you have the right to get a price reduction, is the deficiency not insignificant, you got the right of withdrawal from the contract. Any deficiencies should be reported immediately after reception of goods or after they get visible, whereby omission of immediate reporting by consumers will not affect the right of warranty. In case of contracts with business partners (B2B), deficiencies have been reported within 2 weeks after reception of the goods.
We are only liable for intentional or grossly negligent damage. This dose not apply for bodily injuries or consumer business. Compensation for consequential loss is excluded, in case of business to business contracts. Our company as operator of the web shop named in the imprint provides services with the greatest care but is not liable for goods or services received from third parties. For guarantee the guarantor is responsible. The claim of guarantee does not affect the statutory warranty.
13. Applicable law
It is agreed that Austrian national law shall apply exclusively to all contracts and disputes and that UN Commercial Law shall be excluded. For consumers inside EU, their national law is applicable, if this is more favourable to them. For contracts with business partners the place of jurisdiction is our companies headquarter.
14. Place of performance for B2B contracts
The place of performance is our cooperate headquarter.
All content, texts, pictures and the design or our web page are exclusively for information of our customers and are protected by copyright.
16. Conciliation board
We commit ourselves to accept arbitration procedure by the Internet Ombudmann in case of and dispute:
www.ombudsmann.at Internet Ombudsmann, Ungargasse 64-66/3/404, A-1030 Wien
More Information at: www.ombudsmann.at
For disputes with our company, you can also use the platform https://ec.europa.eu/consumers/odr
Our e-mail address: email@example.com
Delivery is made via Postal Service.
In case that not all ordered items are available for immediate dispatch, they will be delivered as soon as possible, with no additional shipping charges. For customers in Austria, the risk of accidental loss and/or deterioration of the delivered items is transferred to the customer at the time, when the goods are handed over to the transportation company (not applicable for customers located outside Austria).
18. Delivery time
Delivery of goods from us takes place under reserve, that we ourselves get supplied correct and in time and that we are not responsible for missing availabilities. If nothing else have been agreed or displayed in the product description, delivery is made prompt after ordering. If we cannot meet the regular delivery times we will inform you promptly about the delay. In case that you do not agree to delayed delivery, you got the right of withdraw and get back your payment if payment was already made.
19. Shipping costs
Detailed information regarding the shipping costs can be found here:
20. Storage of the contract text
The contract text will be stored by us and is forwarded to you on demand after ordering process is completed. You can print the order data directly after finishing the order if you log into your account or if you print the order confirmation, that is send by e-mail.
The parties waive any right to set off amounts payable between the parties. This is not applicable for consumer contracts.
We recommend making all statements, notifications, etc. – except notifications of defects - to us in written form.
Voluntary code of conduct: www.guetezeichen.at