General terms and conditions of business

 
General Terms and Conditions of Tyroler Glückspilze ® MRCA Mushroom Research Center Austria GmbH (valid from June 30, 2022)

1. Imprint
Our company, as listed in the legal notice, operates the virtual shop: www.gluckspilze.com

Tyroler Glückspilze ®
MRCA Mushroom Research Center Austria GmbH
Karmelitergasse 21, 6020 Innsbruck
Phone: +43 512 / 25 10 66
Fax: +43 512 / 23 89 71
Customer Service: Monday - Friday, 10 a.m. - 3 p.m.

For information, data inquiries, and complaints, contact: info@gluckspilze.com
Management: Gabriel Bene
Address of the management: siehe obige Adresse
Media owner, editor, publisher: MRCA Mushroom Research Center Austria GmbH, Mark Stüttler
Legal regulations: Trade regulations (www.ris.bka.at)

Type of business: Commercial business (Food and Agricultural trade), Food production (Food and Beverage production)
Chamber affiliation: Member of Austrian Economic Chamber (WKO) (www.ris.bka.at)

Supervisory authority according to ECG: Magistrat der Stadt Innsbruck, Rathaus, Maria-Theresien-Straße 18, 6020 Innsbruck

Company Purpose: Tyroler Glückspilze® produces valuable mushroom products for the food, medical, and agricultural sectors.
Our range includes organic-quality medicinal mushrooms as dietary supplements, organic edible mushrooms, mycorrhizal plant fertilizers, mushroom spawn ("seeds" for mushrooms), substrates, mushroom cultures, and everything for mushroom cultivation for commercial growers and home gardens.

Voluntary code of conduct: www.guetezeichen.at​

UID: AT U67255604
Company Register Number: FN 380116 w
Company Register Court: Regional Court Innsbruck
Organic Control Body: AT-BIO-301, Austria Bio Garantie

2. General
The terms and conditions apply to the sale and delivery of goods by our company. By ticking the checkbox in the shopping cart before placing the order "I have read and accepted the terms and conditions," the buyer agrees to and is bound by these general terms and conditions. Our range of offers is non-binding. The order placed by the fully legally competent customer (persons aged 18 or older) constitutes an offer to conclude a purchase contract. The confirmation of receipt of the order sent by us afterward does not yet constitute acceptance of the offer. The purchase contract is only concluded once we deliver the goods, by sending a second email as order confirmation, or through other acceptance of the customer’s offer. All offers on our website are non-binding, subject to availability, and only available while stocks last. 

3. Contract Language
The content of the contract, all other information, customer service, data information, and complaint handling are offered in German.

4. Prices
The prices are valid at the time of the order and include statutory VAT plus all shipping costs. They are visible before the conclusion of the contract in the shopping cart and afterward in the order confirmation sent to the customer. Should export or import duties become due during shipping, these are also borne by the purchaser (you can obtain information about this from your local customs office). For sales to customers outside the EU, no VAT is charged, but they must pay the respective national import duties. For sales to entrepreneurs within the EU, no Austrian VAT is charged upon proof of the VAT ID, but they must pay the VAT in their home country. Billing is in Euros.

5. Right of Withdrawal for Consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.)

CANCELLATION POLICY

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us (MRCA Mushroom Research Center Austria GmbH, Karmelitergasse 21, 6020 Innsbruck, Austria, Phone: +43 - 512 - 25 10 66, Fax: +43 - 512 - 23 89 71, Email: info@gluckspilze.com inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation 
If you revoke this contract, we will refund all payments we have received from you, including the delivery costs (except for the additional costs that arise from your choice of a delivery method other than the standard delivery we offered), without delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this refund, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this refund.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without delay, and in any case, no later than fourteen days from the day you informed us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct costs of returning the goods. You will only be liable for any loss in value of the goods if this loss in value is due to handling the goods in a way that was not necessary to inspect their condition, characteristics, and functionality. 

Exclusion of the Right of Revocation 
The right of revocation does not apply to contracts:
- for the delivery of goods that are not pre-made and for whose production a consumer's individual selection or specification is crucial, or which are clearly  
  tailored to the personal needs of the consumer,
- for the delivery of goods that may spoil quickly or whose expiration date would quickly pass,
- for the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery,
- for the delivery of goods that, due to their nature, have been inseparably mixed with other goods after delivery,
- for the delivery of alcoholic beverages, the price of which was agreed upon at the time of contract conclusion but which cannot be delivered before 30 days 
  after the contract is concluded, and whose current value depends on market fluctuations beyond the control of the business owner,
- for the delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after delivery, and
- for the delivery of newspapers, magazines, or illustrated magazines, except for subscription contracts.
 

 Download sample cancellation form here:

GERMAN

ENGLISH

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6. Payment
We accept the following payment methods:

Credit card (Eurocard/MasterCard, Visa)
When paying by credit card, the charge will be made within 1 week. When paying by credit card, the customer must provide the following information:
Cardholder, card number, credit card company, expiration date, CVV code. The data is transmitted using SSL encryption with at least a 128-bit key and is therefore not accessible to unauthorized persons. Further information can be found at:
https://www.payone.com/AT-de/dsgvo

Bank transfer
When paying by bank transfer, the customer must make the payment within one week of receiving the order confirmation.
Delivery will only take place after receipt of payment.

Cash payment
We only accept euros (EUR) as payment for cash transactions. 

7. Late Payment
In the event of late payment by the customer, we are entitled to demand statutory interest on arrears.


8. Reminder and Collection Fees
In the event of delay, even if caused by no fault of the customer, the customer is obliged to compensate us for reminder and collection fees, provided they are necessary for appropriate legal action and are reasonable in relation to the claim. Specifically, the customer agrees to reimburse us for costs incurred due to the involvement of a collection agency, provided these do not exceed the maximum fees applicable to collection agencies. If we handle the reminders ourselves, the debtor is obliged to pay €12 per reminder and €5 per half-year for maintaining the record of the debt.


9. Default of Acceptance for Entrepreneurs
In the case of default of acceptance by customers who ordered as entrepreneurs, we are entitled to store the goods at our premises. A storage fee of €0.10 per calendar day will be charged. At the same time, we insist on contract fulfillment.


10. Retention of Title
We retain ownership of the delivered service or goods and the media we process or create until all payments from the business relationship with the customer have been received. If the customer sells goods subject to retention of title, they must also transfer the retention of title. The customer must immediately inform us of any third-party claims to our goods subject to retention of title. Pledges, security transfers, and similar actions involving goods subject to retention of title are only permitted with our prior consent. If payment is not made immediately after a reminder in the case of delayed payment, the goods subject to retention of title must be returned immediately. The costs of retrieval are borne by the customer. 


11. Warranty, Liability, Guarantee
All products from our shop are subject to statutory warranty rights. The warranty is limited to the statutory period of 24 months from the transfer of goods to the buyer, or in the case of services, from the date of the order. For defects that are rightfully reported, either free replacement or repair will be provided, with a reasonable period allowed for this. If replacement or repair is not possible, too costly, unreasonable, or delayed, the buyer is entitled to a reduction in price or, if the defect is not minor, to the cancellation of the contract (rescission). Defects should be reported as soon as possible upon delivery or after they become apparent. Failure to report a defect upon delivery or after it becomes apparent does not affect the consumer’s warranty claims. If the purchase is a commercial transaction (B2B) for the customer, the customer must inspect the goods and notify us of any defects within 2 weeks of receipt.

Our company is only liable for damages caused by intent and gross negligence. This does not apply to personal injuries or consumer transactions. The burden of proof for slight or gross negligence, unless it is a consumer transaction, lies with the injured party. Compensation for consequential damages (defects) as well as other property damage, financial loss, and third-party damages against the customer, unless it is a consumer transaction, is excluded. Our company, as the operator of the webshop mentioned in the imprint, provides services with the utmost care but is not liable for services provided or obtained from third parties.

The guarantee must be claimed from the guarantor (the manufacturer or, in some cases, the seller if they are the manufacturer) according to their terms. The exercise of the guarantee does not limit statutory warranty rights

12. Applicable law, place of jurisdiction
The contracting parties agree that Austrian law shall apply. The UN Sales Convention and all provisions relating to the UN Sales Convention are expressly excluded. For consumers within the EU, their national mandatory consumer law provisions shall apply insofar as these are more favorable for the consumer than the respective Austrian provisions.
For contracts with companies, our registered office is agreed as the place of jurisdiction. For contracts with consumers from a member state of the EU, the consumer has the choice between the court of his place of residence and the court at the registered office of the company.


13. Place of performance for business transactions
The place of performance for all services arising from the contract is our registered office.


14. Copyright
All news, graphics and the design of our website are exclusively for the personal information of our customers and are protected by copyright.

15. Schlichtungsstelle
Wir verpflichten uns, in Streitfällen am Schlichtungsverfahren des ECG und der Internet Ombudsstelle teilzunehmen:
More Information at: www.ombudsstelle.at ​https://ec.europa.eu/consumers/odr

16. Delivery
Delivery is made via post. If not all ordered items are immediately available, the immediately available items will be shipped right away, and the remaining items will be shipped as soon as they become available. However, shipping costs will be charged only once per order, even in the case of partial deliveries.
The risk of loss or damage to the goods passes to the consumer only when the goods are delivered to the consumer or a third party designated by the consumer who is not the carrier. However, if the consumer has entered into the transport contract themselves, without using a delivery option proposed by us, the risk passes to the consumer upon handing over the goods to the carrier.


17. Delivery Times
Delivery by us is subject to the condition that we receive correct and timely delivery ourselves and are not responsible for the unavailability. 
Unless otherwise agreed or stated differently on the item, we deliver promptly upon receipt of your order, subject to stock availability.
If the regular delivery time cannot be met, we will automatically inform you via email. Should the customer not agree with the delayed delivery, 
they are entitled to withdraw from the contract without restrictions.


18. Shipping Costs
Please refer to this list for shipping costs:
EU-shipping
Worldwide shipping

19. Storage of the Contract
The contract text is stored by us and can be requested by you after the completion of the ordering process. You can print out the order details immediately after submission. You can use either the subsequent page "Your Order" or the email "Confirmation of Receipt" for this purpose.


20. Miscellaneous
The contractual partner waives the possibility of offsetting. However, this does not apply to consumers.
We recommend that statements, notices, etc., addressed to us—excluding defect notices—be sent to us in writing.
Voluntary Code of Conduct:

https://www.guetezeichen.at/zertifikate/shopzertifikat/wwwglueckspilzeat

These terms have been updated on June, 30th 2022.