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Allgemeine Geschäftsbedingungen der Naturprodukte Röck GmbH
General Terms and Conditions
of Naturprodukte Röck GmbH, Lahntal 6, 5751 Maishofen, Phone: +43-6542-68-050, Fax: +43-6542-68-050-10, E-mail: info@murmeltier.at, hereinafter referred to as the Seller.

1.
The seller shall provide its services exclusively based on the current contract.

The buyer shall be bound to his orders for two weeks after the orders are received by the seller. The seller shall be obliged to immediately confirm the receipt of the order to the buyer. The contract shall only be concluded after the order is accepted by the seller. This acceptance can be expressed by letter, via the sending of en e-mail or a fax or by means of the actual execution of the order.

2.
Commercial enterprises shall be bound by this contract and may not unilaterally withdraw from the contract. Unless the contract deals with custom or specific designs especially manufactured for a consumer, consumers may withdraw from the contract within up to 7 days after the date, on which the goods are received. It is sufficient that the written withdrawal notice is sent during this period. The costs for the return shipping shall be borne by the buyer.

3.
All orders of the buyer shall be stored by the seller for at least 12 months. The buyer may request to receive a list of all orders made by him so far via e-mail against payment of all costs incurred to provide that list.

4.
All prices include 20% VAT and exclude shipping costs. Upon request, commercial enterprises may receive a VAT calculation.

All receivables of the seller shall become due net and without deductions immediately upon contract conclusion. If payment is delayed, the seller shall have the right to charge default interest in the amount of 4% above the respective base rate of the ECB for consumers and 8% above the base rate of the ECB for commercial enterprises. Bills of exchange or checks shall only be accepted by prior arrangement and on account of performance and they shall only be deemed as payment on encashment. Discounting and collection charges are to be paid by the buyer

5.
The seller reserves ownership of the goods until the payment of all receivables from the delivery contract, including any additional costs (e.g. bill of exchange costs, financing costs, interest etc).

6.
Unless explicit instructions are provided by the buyer or this is explicitly agreed upon prior to shipping, the seller shall choose the type of shipping, the route as well as the company entrusted with the delivery at his own discretion. Depending on the type of shipping, the shipping costs shall be calculated based on the size, weight, number of packages, the type of insurance and whether the service is paid by cash on delivery. All shipping costs shall be borne by the buyer. The goods will be insured only upon the buyer's explicit request and at his expense.

If cash in advance has been agreed, the seller shall only send the goods, without exception, after receipt of full payment for the purchase price, the shipping costs and any relevant reminder costs.

Partial deliveries are permissible insofar as they are reasonably acceptable for the buyer.

7.
In general, all orders are processed and dispatched within one business day. If an item is not immediately available and delivery might get delayed by a period of more than two weeks, the seller undertakes to notify the buyer about this possible delay. The agreed delivery period shall begin upon receipt of the undisputed and confirmed order or, if cash in advance has been agreed, upon receipt of payment.

Should the buyer delay the acceptance of the goods, the seller shall be entitled to store the delivery items, at the risk of the buyer, in its own premises, with a forwarding agent or at a warehouse. During the time of storage caused by a delay in acceptance, the buyer has to pay, without the provision of additional proof, a flat-rate fee of € 25,- per month to the seller for incurred storage costs. This flat-rate fee may be reduced if the buyer proves that no cost or damage occurred. In case of higher storage costs, the seller shall have the right to enforce payment of the actual amount.

All risks shall be transferred to the buyer as soon as the shipment containing the delivery items has been delivered to the buyer by the forwarding company. The buyer has to immediately report any obvious or identified damages to the carrier or delivery service and to then inform the buyer about it in order for any future claims to become effective.

8.
Towards commercial enterprises, the seller may only be held liable in cases of malicious intent and towards consumers – only in cases of malicious intent or gross negligence.

The statutory warranty by the seller for commercial enterprises is limited to half a year. With regard to consumers, the current legal regulations shall apply.
Commercial enterprises shall only have a right of retention if their counterclaim is based on the same contractual relationship and this counterclaim is legally confirmed or recognized by the seller.

9.
If any individual provision of these General Terms and Conditions is or becomes invalid, the remaining provisions shall still apply.

Any ancillary agreements and amendments of the contract shall only be valid if executed in written form.

These Terms shall be governed by Austrian law to the exclusion of international conflict of law provisions and UN sales law. In case of business transactions with consumers within the EU, the law at the place of residence of the consumer can also be applicable insofar as it concerns obligatory consumer rights provisions.
The factually competent Court of Salzburg is herewith agreed as legal venue. 
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