Terms and Conditions

TERMS AND CONDITIONS

I. Terms and Conditions / Customer Information

§ 1 Basic Provisions

(1) The following terms and conditions apply for all contracts made with the supplier (Parin Consulting GmbH, hereafter referred by the brand it owns “Alpveda”) via the website www.alpveda.eu. So far as not otherwise agreed, externally imposed conditions by the customer will not be taken into consideration.

(2) The consumer, in the following framework, is any natural person who completes a legal transaction that is predominantly not attributable to their commercial or professional activity. A commercial contractual party is any natural or juridical person or legal partnership acting on behalf of their commercial or professional activity when completing a transaction.

§ 2 Conclusion of a Contract

(1) Object of the contract is the sale of goods.

(2) By placing a given product on its website, Alpveda presents a binding offer to complete a contract under the conditions outlined in the given product description.

(3) The contract is realised via the online shopping basket as follows:

The goods intended for purchase are placed in the “shopping basket”. The “shopping basket” can be accessed on the “One Step Checkout” page via the corresponding tab in the navigation bar; changes can be made to the “shopping basket” on this page at any time.

After opening the “One Step Checkout” page and submitting personal information including payment details and shipping method, all data regarding the order are displayed.

Before submitting an order, all aspects of the order can be reviewed (including via the “back” function of the web browser), and the order can be cancelled if so desired.

By submitting an order via the “buy now” button, a binding offer is accepted and the contract is made.

(4) The processing of the order and transfer of all information pertinent to the completion of the contract are conveyed via email, in part by automised processes. It is therefore necessary that the correct email address is provided to Alpveda, that the recipient’s email inbox is technically capable of receiving mail, and that no spam filter prevents the receipt of emails from Alpveda.

(5) It should be noted that Alpveda only sells products in quantities typical for private use. This provision applies to both the number of ordered products within a single order as well as to the processing of multiple orders of the same product in which the individual orders contain a quantity typical for private use.

(6) Alpveda is relieved of the obligation to deliver if the following conditions come into existence after the order was placed and Alpveda is not liable for these conditions: the goods are unable to be delivered due to a force majeure or discontinuation, or Alpveda cannot acquire the ordered goods under reasonable circumstances. Alpveda is not liable for delays, including regarding binding deadlines and dates, if external events impede or prohibit the delivery of goods (such as strikes, lockouts, regulatory orders, or similar events).

§ 3 Special Arrangements for Offered Payment Methods

Google Pay, Apple Pay and payments by credit cards (MasterCard and Visa)

§ 4 Right of Retention, Reservation of Property Rights

(1) Right of retention is permissible only as a result of demands based in the given contractual relationship.

(2) The goods remain property of Alpveda until the complete purchase price has been paid.

(3) In the case of a commercial contractual party, the following applies:

a) Alpveda reserves property rights over the goods until all demands contained in the given contractual relationship are satisfied. Any pledge or security transfer of the goods under reserve by the contracting party is not permitted before the transferal of property rights.

b) The contractual party is permitted to resell the goods in the proper course of business. In this case, the contractual party shall immediately assign to Alpveda all claims to the amount of the invoice which it accrues towards third parties due to the resale of the goods; we will accept the assignment. The contractual party is authorised to collect the claim. If the contractual party does not properly fulfill its obligations of payment, Alpveda reserves the right to collect outstanding payments.

c) In the case that the reserved goods are combined or blended with other goods, Alpveda has the right of joint ownership to the resulting goods in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

§ 5 Warranty

(1) Full statutory warranty rights apply.

(2) The consumer is requested to immediately check the goods at delivery for completeness, apparent deficiency, or transportation damages, and to inform Alpveda as well as the delivery service of complaints in a prompt manner as soon as possible. Failure to comply with this demand does not affect statutory warranty claims.

(3) In the case of a commercial contractual party, the following applies in derogation of the preceding warranty claims:

a) Only Alpveda’s own statements and the product description of the producer qualify as properties of the item; other advertisement, public promotion, or producer remarks are not valid.

b) In the event of defects, it remains at Alpveda’s discretion whether the warranty will be guaranteed via rectification or replacement. In the case of rectification, Alpveda is not liable for increased costs that result from the delivery of goods to another location other than the original place of delivery, so long as transport does not correspond to the intended use of the goods.

§ 6 Cancellation Policy

CANCELLATION POLICY

Cancellation Rights for Customers

(The customer is any natural person who completes a legal transaction that is predominantly not attributable to their commercial or professional activity.)

Alpveda does not offer return of its products except in the following cases :
  – It is explicitly proven by pictures and videos that good sent are leaking/damaged

–  Products when received have passed their expiring date

In both the above cases, request for cancellation will be only be granted if the same is made within 7 days of receipt of products by the customer.

To exercise the right of cancellation, a request (via mail, email or fax) must be sent to:

Parin Consulting GmbH

Weihburggasse 14/20

1010 Vienna

Austria

Email: sales@alpveda.eu

Ph: +43 664 491  0214

with a clear statement regarding the desire to cancel the contract.

The statement regarding the right to cancellation is considered to be within the period of cancellation if the customer sends the statement before the expiration of the cancellation period.

If the customer submits a cancellation notification, then Alpveda will promptly send (for example by email) a confirmation of receipt of the notification.

Cancellation Process

If the customer cancels the contract for a reason approved by Alpveda above, Alpveda will reimburse all costs for the goods which are returned to Alpveda but not the costs of return shipping. The reimbursement will be paid promptly and at the latest, with the exception of the situations listed below, within 14 days from the day on which the notification of cancellation was received by Alpveda. The reimbursement will be paid to the bank account of the customer which has to be shared by the customer. Alpveda does not calculate compensation under any circumstances within the reimbursement. Alpveda can deny reimbursement until the goods have been returned or the customer can prove that the goods have been mailed back to Alpveda (whichever occurs first).

Correspondingly, the customer must return the goods as quickly as possible and at the latest within 7 days from the day on which they submitted a notification of cancellation. The return period is not violated if the goods are shipped before the expiration of the 7-day return period.

The customer must bear the return shipping costs if the delivered goods were the same as those ordered.

The customer must only pay the cost of possible value loss if the customer is found to be liable for this value loss due to their handling of the goods other than what is necessary for testing the properties, characteristics, and functioning of the goods.

The right of cancellation is forfeited prematurely in the case of contracts:

– for the delivery of sealed goods that for reasons of health or hygiene are not suitable for return if their seal has been broken;

– for the delivery of goods that on account of their properties are inseparably mixed with other goods after delivery;

END OF CANCELLATION POLICY

§ 7 General Instructions for Return

The customer is kindly asked to avoid damage or contamination of the goods before returning. Goods should be returned to Alpveda in the original packaging with all accessories and packaging components intact to the greatest extent possible. If necessary, a protective secondary packaging may be used. If the original packaging is no longer available, a suitable package offering sufficient protection against transportation damage should be used. Suitable means in this case that the packaging corresponds to the terms and conditions of the shipping service.

If the delivered goods do not correspond to the ordered goods, Alpveda should be notified in advance of return at: sales@alpveda.eu with the reason for return.

The goods should never be sent “carriage forward” back to Alpveda, as the delivery service may demand high fees that Alpveda will in turn pass on to the consumer.

The right to cancellation is not affected by this provision.

§ 8 Liability

Alpveda assumes full liability for damages caused by intent or gross negligence by Alpveda or a legal representative of Alpveda or an agent of Alpveda.

Alpveda is also liable for slight negligence of duties. The essential duties are those whose negligence jeopardises the purpose of the contract or those which are necessary for the proper fulfillment of the contract and upon which the consumer regularly relies. Alpveda is liable only for predictable, contractually typical damages. Alpveda is not liable for the slight negligence of others not named in the aforementioned provisions.

The above liability provisions do not apply in the case of damage to life, body, and health, for a defect after the assumption of a guarantee for the properties of the product, and in the case of fraudulently concealed defects. Alpveda is not liable for any harm or effect on the contractual property or customer from its products caused by not following the instructions mentioned on its website or its product labels.

§ 9 Choice of Law, Place of Performance, Place of Jurisdiction, Final Provisions

(1) Austrian law applies. For the consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer’s usual residence is not deprived (favourability principle).

(2) The place of fulfilment for all performances from the contracts made with Alpveda as well as the only place of jurisdictions for all arguments directly or indirectly arising from the contract relationship is our headquarters in as far as the contractual party is a customer or also a commercial entity, legal entity of public law or of special fund under public law. The same applies if the contractual party does not have a general place of jurisdiction in Austria or the EU or if the place of residence or usual residence is unknown at the time a complaint is filed. The ability to appeal to another court of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

(4) Alpveda reserves the right to make changes to Alpveda’s website, policies, and conditions inclusive of these terms and conditions at any time. The terms and conditions which apply to an order are those which were in effect at the time when the order was placed unless a change to the terms and conditions is required by law or administrative order (in which case the changes may retroactively apply to prior orders).

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II. Customer Information

1. Identity of the Vendor

Parin Consulting GmbH

Weihburggasse 14/20

1010 Vienna

Austria

Email: sales@alpveda.eu

Ph: +43 664 491  0214

Alternative Dispute Resolution:

The European Commission has prepared a platform for out-of-court Online Dispute Resolution (ODR Platform), available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

2. Information on the Conclusion of a Contract

The technical steps for the conclusion of a contract, the conclusion of a contract itself, as well as the possible corrective measures take place according to the provisions outlined in “Conclusion of a Contract” in our terms and conditions (§ 2).

3. Contractual Language, Contractual Text Retention

3.1. The contractual language is English.

3.2. The complete contractual text is not retained by Alpveda. The contractual data can be printed via the printing function of the browser or electronically saved before the submission of an order via the online shopping basket system.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services are included in each given offer.

5. Prices and Payment Methods

5.1. The total price is comprised of the listed price(s) of the given product(s) in addition to the cost of shipping. These prices comprise all price components including relevant taxes.

5.2. The incurred shipping costs are not included in the purchase price. The shipping prices are accessible via an appropriately labelled button on Alpveda’s checkout page or in the given offer, are separately displayed during the order process, and must be paid by the customer so long as free shipping is not assured.

5.3. If the delivery occurs in states outside of the European Union, additional costs may be incurred such as customs, taxes, or transaction fees (transfer fees or conversion rate fees from the credit institute), which must be covered by the customer. The incurred costs of transaction fees are also to be covered by the customer in cases where the delivery occurs in an EU member state, but the payment was made from outside of the EU.

5.4. The payment methods available to the customer are accessible via an appropriately labelled button on Alpveda’s website, or displayed in the given offer.

5.5. Insofar as is not outlined by the chosen payment method, the payment requirements resulting from the concluded contract are immediately due.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date, as well as relevant delivery information will be shared with the client after the purchase is complete along with tracking number.

6.2. In so far as the contractual party is a consumer, it is regulated by law that the risk of accidental loss or accidental impairment of the purchased goods during shipment is transferred to the customer after delivery of the goods to the customer, regardless of whether the shipment was insured or not. This provision does not apply if the customer independently chooses a delivery service not offered by Alpveda or assigns delivery of the shipment to a given person.

If the contractual party is a commercial entity, then the delivery and shipment occur at the party’s own risk.

6.3. So far as is not otherwise agreed, the delivery will be made to the address provided by the contractual party. The delivery address may be different from the billing address.

6.4. Information pertaining to the availability of products that are sold by Alpveda are listed on the website (for example on a given product page). The details regarding availability, shipping, and delivery of a product are only and expressly estimates for general reference. These estimates do not represent guaranteed shipping or delivery dates unless expressly designated as a binding date in the shipping options of the product. In the case that Alpveda ascertains while processing the order that the ordered product(s) is(are) not available, the customer will be notified. The statutory claims of the consumer remain unaffected.

6.5. If a delivery to the customer is not possible because the customer or a person granted the right to receive the delivery cannot be located at the given address even though the estimated delivery date was provided to the consumer with appropriate advance notice, then the consumer must bear the costs of an unsuccessful delivery and/or the costs of return and a new shipment.

6.6. Personal retrieval of the goods is not possible due to organisational reasons. A claim to personal retrieval does not apply. If, in individual cases, a standard delivery is obstructed by unusual circumstances such that the delivery cannot be considered, the customer is to contact Alpveda. Alpveda will then attempt within reasonable bounds to enable personal retrieval.

6.7. Insofar as not otherwise agreed, multiple products with different delivery dates will be combined into 1 shipment. In such a case, the delivery time for the product with the longest delivery estimate applies.

6.8. Alpveda’s shipments are mailed from the warehouse in Austria via Post Austria, in case of other delivery partners, details will be shared promptly with the customer. Delivery time withing Austria and Germany is 2-3 business days.

The time limit for delivery begins the day after the conclusion of the contract. In the case of advance payment via online transfer, this refers to the first business day after submission of advance payment to the credit institution, and in the case of advance payment via non-electronic transfer, the second business day after submission of advance payment to the credit institution.

The time limit for delivery expires with the conclusion of the last day of the delivery period. If the last day of the delivery period falls on a Sunday in a place where Alpveda is officially recognised as a holiday, then the subsequent business day shall be counted as the last day of the delivery period.

7. Statutory Warranty Rights

The warranty for defects takes effect in accordance with the provisions outlined in “Warranty” in our terms and conditions (§ 5).

8. Vouchers

Vouchers are valid for the period mentioned on Alpveda’s website. Details regarding the redemption of vouchers can also be found in Alpveda’s website.

9. Applicable Law

The law of the Federal Republic of Austria applies.

10. Privacy Policy

The legal regulations governing data protection can be found in Alpveda’s privacy policy.

11. Disclaimer

11.1. In all other cases, Alpveda is only liable if intent or gross negligence is applicable.

11.2. The preceding liability limitations do not apply in the case of the assumption of a guarantee or fraudulent concealment of a defect.

11.3. The liability according to the Product Liability Act remains unaffected.

11.4. Alpveda does not accept any liability for the content of external links. The operators of the linked websites are exclusively responsible for the content thereof.

11.5. Alpveda has no influence over the content of external links and assumes no responsibility for their content.

12. Note on Dispute Resolution

The European Commission has prepared a platform for out-of-court Online Dispute Resolution (ODR Platform), available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.