GTC

ALOE BASE GmbH
R.Waisenhorngasse 86/21230 Vienna
E-Mail: contact@aloebase.com
+43 699 16051909

AT902011184513096200, Erste Bank der österreichischen Sparkassen AG

(hereinafter referred to as "Contractor" or ALOE BASE GmbH), specializes in the trade and provision of services with aloe vera and the logistical processing in the field of e-commerce.

The General Terms and Conditions (hereinafter referred to as "GTC") deal with trading via the webshop on the page: www.aloebase.com.

As a rule, customers are consumers within the meaning of Section 1(1)(2) and Section 1(3) KSchG, but also entrepreneurs within the meaning of Section 1(1)(1) KSchG.

For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention to discriminate. All genders are addressed equally.

Acceptance of the GTC

The customer acknowledges these GTC and agrees to them by accepting these GTC.

All business relationships between the Contractor and the Customer shall be subject to these GTC in the version applicable at the time of conclusion of the transaction. These GTC shall supersede any general terms and conditions of the Customer.

Defense clause

The inclusion of general terms and conditions or contractual conditions of the customer that deviate from these GTC shall be rejected unless these are expressly recognized by ALOE BASE GmbH.

Conclusion of contract

By clicking on the "Order with obligation to pay" button, the customer submits a binding offer to conclude a contract with the contractor. The contractor is not obliged to accept this offer. Before finally submitting an order, the customer has another opportunity to check it for any errors and correct them if necessary.

The Contractor shall confirm receipt of an offer to the Customer by sending an e-mail to the address provided by the Customer ("order confirmation"). This e-mail does not constitute acceptance of the offer by the Contractor. The Contractor may accept offers by confirming the purchase of the offer in a further e-mail ("Order Confirmation") or by sending the ordered goods. The customer is bound to his inquiries for three days.

In order to be able to purchase services and goods from the contractor electronically, customers may have to register in the online store. In the course of the business relationship, the customer must provide true and complete information and keep their data up to date at all times. They must treat their data confidentially and protect it from unauthorized access. If the customer suspects misuse by third parties, he must inform the contractor immediately.

The customer must refrain from all measures that could jeopardize or impair the technical provision of the online store (including cyber attacks). Any such behavior will be prosecuted.

Storage of the contract text

The text of the contract, i.e. the customer's details relating to the order process, is stored by ALOE BASE GmbH and can be viewed by the customer under the link "My account" à "My orders". Irrespective of this, ALOE BASE GmbH will send an order confirmation and these GTC to the e-mail address provided by the customer.

Right of withdrawal / revocation

For all fresh products (aloe vera fresh leaf and aloe vera fresh leaf bundle) there is no right of withdrawal according to §18 FAGG.

For all other goods, you have the right to cancel the contract within fourteen days without giving any reason.

There is also a 14-day right of withdrawal for the Aloe Base eBook. For given reasons, buyers must confirm a waiver of the right of withdrawal (§ 18 para. 1 Z 11 FAGG) during the download process. Further information can be found on the product page for the eBook.

The revocation period is fourteen days from the date,

- on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or will be delivered uniformly, or

- on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately, or

- on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces, or

- on which you or a third party named by you, who is not the carrier, have taken possession of the first goods, provided that you have concluded a contract for the regular delivery of goods over a fixed period of time.

 

To exercise the right to cancel, you must inform us (Aloe Base GmbH, Rudolf-Waisenhorn-Gasse 86/2, 1230 Vienna, Austria, Phone: +43 699 16051909, Email: marika@aloebase.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, email). You can use the sample withdrawal form below, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

 

Sample withdrawal form

If you wish to withdraw from the contract, please send us an e-mail or letter stating the following points in the letter.

 

- To

Aloe Base GmbH, Rudolf-Waisenhorn-Gasse 86/2, 1230 Vienna, Austria, phone: +43 699 16051909, e-mail: marika@aloebase.com

- I/we (*) hereby revoke the contract concluded by me/us (*) for 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)

- Signature of the consumer(s) (only for notification on paper)

- Date

___________
(*) Delete as appropriate.

 

Returns from the following countries are free of charge:

Austria

Returns from other countries not listed above must be paid for by the customer.

This is done for economic, legal and logistical reasons and without any intention of discrimination.

End of the withdrawal policy

Prices

All product prices are total prices; they include the statutory sales tax (value added tax).

In case of doubt, VAT is not yet included. The amounts stated at the time of ordering shall apply.

Payment shall be made by bank transfer to the account specified by the Contractor. Whether the payment is made monthly (continuing obligation) or once (target obligation) depends on the agreement between the Contractor and the Customer.

Shipping costs

Shipping costs are added to the indicated product prices. From a certain order value, these are not applicable. You can find out more about the amount of the shipping costs and the threshold value in the offers. The contractor informs the customer again about the prices, taxes and shipping costs in the order summary before the order is completed. The applicable sales tax is included in the shipping costs.

When paying by cash on delivery, the cash on delivery fee (a fee incurred for the service of collecting the invoice costs and then forwarding the money directly to the seller) must also be paid. This is not charged to the customer, who must pay it directly to the deliverer.

Terms of delivery

Unless otherwise agreed, delivery will be made to the address specified by the customer. We also deliver to packing stations and pick-up stations of our partners.

The risk of loss or damage to the goods passes to the consumer (only) when the consumer or a third party authorized by the consumer to receive the goods (who is not the carrier) has taken possession of the goods.

The estimated delivery time is indicated directly in the shopping cart. If payment is made in advance, the delivery period begins one day after receipt of the amount in the bank account of ALOE BASE GmbH. In the case of payment by cash on delivery or purchase on account, the delivery period begins one day after the day on which the contract is concluded. In other cases, the delivery period begins one day after receipt of the order.

ALOE BASE GmbH bears no responsibility in the event of obstacles to delivery on the part of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which ALOE BASE GmbH is not responsible, ALOE BASE GmbH is entitled to withdraw from the contract in whole or in part. ALOE BASE GmbH shall inform the customer of this immediately. Claims for damages are excluded in this case, unless ALOE BASE GmbH can be proven to be at fault. The customer will be informed of existing delivery restrictions before the start of the order process.

Maturity and retention of title

The Contractor's claims shall become due upon invoicing, but at the earliest upon receipt of the goods. If the claims are not paid within fourteen days, the Contractor shall charge 4 % per year in statutory default interest from the due date. If the customer is an entrepreneur, the amount of default interest shall be based on § 456 UGB.

All goods delivered by the Contractor shall remain the property of the Contractor until payment has been made in full. Any sale of the goods by the Customer to a third party before they have been paid for in full shall require the Contractor's prior consent.

If the Customer has not accepted the goods as agreed (default of acceptance), the Contractor shall be entitled either to store the goods, for which a storage fee of 0.1 % of the gross invoice amount per calendar year or part thereof may be charged, or to deposit the goods in court at the Customer's expense and risk.

Terms of payment

ALOE BASE GmbH accepts the payment methods listed in the webshop.

Warranty

Unless otherwise specified, the general statutory provisions shall apply.

If goods are delivered with obvious transport damage, the customer is obliged to complain about such defects to the deliverer immediately and to contact the contractor without delay. Failure to make a complaint or contact the contractor has no consequences for the statutory warranty claims of consumers and merely serves to support the contractor in asserting his claims against the company commissioned to deliver the goods or the insurance company.

If a manufacturer's warranty exists, the customer must assert the claims arising from this directly against the manufacturer. If the customer is a consumer, he must be notified of this guarantee in writing or on another durable medium available to him (e.g. e-mail).
The liability of ALOE BASE GmbH under the manufacturer's warranty is excluded. However, ALOE BASE GmbH's warranty obligations are not limited by any manufacturer's warranty.

The contractor offers no guarantee that the photos published in the web store are identical to the goods actually delivered.

Disclaimer

Claims for damages by the customer against ALOE BASE GmbH are excluded unless ALOE BASE GmbH or its vicarious agents have acted with intent or gross negligence.

Liability is limited to the amount of damages typically foreseeable at the time the contract was concluded.

The Contractor shall not be liable to companies for loss of profit.

The Contractor shall not be responsible if it is unable to fulfill its obligations arising from the contractual relationship due to circumstances for which it or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunications services and due to force majeure.

Obligations of the buyer

The buyer undertakes to use the goods, in particular the aloe vera plant, parts of the plant or their preparations, on his own responsibility, to obtain express medical advice before consumption and to observe the warnings regarding questionable ingredients such as aloin and to observe this advice before using the goods. It is the duty of the buyer to adhere to the recommended daily dose of the product when taking it. The seller is not liable for any damage or effects caused to the buyer by improper use of the product.

Data protection

Provisions on data protection are contained on the website of the company Aloe Base GmbH.

The contractor draws attention to the fact that the customer's data may be processed for advertising purposes on the basis of legitimate interests (Art. 6 para. 1 lit. f GDPR). The customer can object to this form of data processing at any time (Art. 21 (2) GDPR).

Amendment of the General Terms and Conditions / Reservation of the right to amend

We are entitled to amend these General Terms and Conditions unilaterally if this is necessary to eliminate any subsequent equivalence problems or to adapt to changed legal or technical conditions. We shall inform the customer of any amendment by sending notification of the content of the amended provisions to the customer's last known e-mail address. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receipt of the notification of amendment. Such a subsequent amendment cannot result in any disadvantage for the customer.

Contract language

The language available for the conclusion of the contract is German.

Applicable law and place of jurisdiction

This contractual relationship is based on Austrian law and this is deemed to have been agreed. However, this choice of law must not result in the consumer being deprived of the protection afforded to him by the mandatory provisions of his country of residence (cf. Art. 6 (2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and of conflict-of-law rules is excluded.

The exclusive place of jurisdiction is Vienna. If the customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the customer may only be sued before those courts in whose district his domicile, habitual residence or place of employment is located.

Arbitration body and online dispute resolution

In the event of disputes, we have the option of participating in the arbitration procedure of the Internet Ombudsman: https://ombudsmann.at/

In the event of problems, you can submit a complaint via this platform and have it processed by an independent dispute resolution body: https://ec.europa.eu/consumers/odr

Our e-mail address: contact@aloebase.com