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These terms and conditions apply to all buying contracts between this online shop and a customer or business.
2. The coming about of a contract, saving of the contract text
2.1 The following provisions about the coming about of a contract conclusion are valid for orders on our webshop www.fermentationculture.eu
2.2 In the case of a contract conclusion, the contract is brought about with Viktor Gruber, fermentationculture.eu.
2.3 The presentation of goods in this webshop does not constitute a lawfully binding offer of contract on our side, but is only a non-binding request to the contracting party to order goods. By ordering goods, the contracting party is submitting a binding offer for the conclusion of a buying contract.
2.4 By going through the procedure of buying in this online shop, a binding offer of contract is being made.
An order is being made by going through the following steps:
1. Clicking on the button labeled „Shop“
2. Selecting the products
3. Adding the products to the cart
4. Checking the contents of the cart
5. Clicking the button „proceed to checkout“
6. Entering of addresses and selecting the payment mode
7. Repeated checking and, if necessary, correcting of information
8. Submit a binding offer of contract by pressing the button „Place order“
The contracting party can, before submitting the binding offer, close the window or go back in their browser to cancel the procedure of buying.
Immediately after placing an order, an automatically generated email will be sent (Confirmation of an order)
2.5 After receiving an order, your order data and the terms and conditions are sent to you via E-mail. The terms and conditions can be read anytime under the link: www.fermentationculture.eu/terms-and-conditions/
Your order data are not available online anymore, for security reasons, but they are saved electronically.
2.6 The buying contract is being brought about by the transmission of the order confirmation, or at the latest by the sending of the ordered goods.
Prices, cost of delivery, payment
3.1 All prices are in EURO and do not contain tax. This shop is VAT exempt on the grounds of small entrepreneur regulations in Austria. (§ 6 Abs. 1 Z 27 UStG). Shipping costs may be added.
3.2 The contracting party has the option of paying with bank transfer/wire.
4.1 The goods are delivered by post, once the payment has arrived. If ordering more than one bag of Koji spores, delivery is free of charge. If ordering one bag, a delivery fee of 1,50€ is being charged. Tempeh starter is always free to ship.
4.2 If not otherwise specified, our goods are ready for delivery. The goods are posted within one to two days of the reception of the payment. The letters are sent with priority, and will take about 2-4 weekdays to arrive.
4.3 The danger of a lost letter or the worsening of the quality of the sold good is transferred to the recipient once the readiness to send to the goods is being signified.
4.4 To safeguard against lost letters, customers can opt for insured postage.
5. Reservation of ownership
The reservation of ownership on the goods is retained to the seller until the payment has arrived.
6. Right of Withdrawal
6.1 Customers have the right to withdraw the contract of purchase within 14 days of delivery to the customer or a third person named by the customer without citing any reasons to do so.
6.2 To make use of this right the customer has to send a clear statement of withdrawal using either a letter or email.
6.3 All money that has been transferred to pay for the goods including postage fees has to be refunded by the seller within 14 days of the reception of the sold products. The money is refunded with the same payment method the customer has used.
6.4 The cost of sending back the goods is to be paid by the customer.
6.5 To retain the right of withdrawal, it is enough to notify the seller within the 14-day period.
6.6 The refund of the paid money can be refused until the goods have returned to seller.
6.7 Address to send returns to:
7. Suspension of the right of withdrawal
The right of withdrawal is suspended if the goods have been opened. For hygienic reasons such opened goods cannot be returned.
8. Damage claims
8.1 Damage claims are excluded, provided that consumer protection provisions don‘t imply otherwise.
8.2 Neither liability nor damage claims are accepted, especially not for indirect damages or missed profit, provided that consumer protection provisions don‘t imply otherwise.
8.3 If liability is applicable through provisions, liability is limited to intent/malice and gross negligence. Liability is limited to the concrete payment amount of the contract. Further liability is excluded, provided that consumer protection provisions don‘t imply otherwise.
8.4 No liability is applicable for actuality, correctness, completeness and the content of the provided information on this website.
8.5 The photos of the product are only exemplary. Because of the uniqueness of the product, divergence in the color and size of the product can occur. This does not entitle the contracting party for reclamations.
8.6 No liability is applicable for a delayed delivery, which was subject to circumstances beyound the control of the selling party.
8.7 No liability is applicable if a customer reacts allergically to traces of allergens that may be in our products. An allergy or intolerance does not entitle the contracting party for reclamations.
9 Applicable law, court of jurisdiction, place of fulfillment
9.1 Insofar as provisions don‘t imply otherwise, exclusively Austrian law applies; applying UN-law is expressly excluded.
9.2 In the case of disputes, the local court of jurisdiction at the seat of the fermentationculture.eu is competent.
9.3 The place of fulfillment is the seat of fermentationculture.eu.
10 This contract is available in English, and if a customer goes through the necessary steps of ordering, it is assumed that he or she is capable of understanding this language and this document.
11 Severability clause
If a provision in these terms and conditions is or become invalid, it won‘t affect the validity of the rest of the provisions. The invalid provision is replaced with a valid provision, which is nearest to the invalid provision economically and legally.