General Terms and Conditions of Sale and Delivery of Estyria Naturprodukte GmbH

Estyria Naturprodukte GmbH stands for high-quality natural products, sustainable value creation, and trusted partnerships. The following General Terms and Conditions of Sale and Delivery form the legal framework for our deliveries and services. Our aim is to establish clear and fair rules for both parties.

1. Scope of Application
1.1. These General Terms and Conditions of Sale and Delivery apply to all deliveries and services provided by Estyria Naturprodukte GmbH.

1.2. Deviating terms and conditions of our contractual partners shall only apply if they have been expressly acknowledged by us in writing.

1.3. With respect to consumers, these terms and conditions apply only to the extent that they do not conflict with mandatory statutory provisions.

2. Conclusion of Contract
2.1. Our offers are generally subject to change and non-binding.

2.2. Orders constitute a binding offer to conclude a contract.

2.3. The contract is concluded upon our written order confirmation, upon delivery of the goods, or upon performance of the service.

2.4. Information on our website and in our price lists is prepared with due care. We reserve the right to correct errors and misprints as well as to make minor technical or production-related changes, provided these are objectively justified and reasonable for our customers.

3. Prices
3.1. The prices agreed at the time the contract is concluded shall apply.

3.2. Unless otherwise stated, all prices are quoted in euros plus the applicable statutory value-added tax (VAT).

3.3. Packaging, transport, and shipping costs will be itemized separately unless otherwise agreed.

3.4. In the case of longer-term business relationships, demonstrable cost increases beyond our control may lead to reasonable price adjustments. This does not apply to consumers.

4. Delivery and Performance
4.1. Unless expressly agreed in writing as binding, delivery dates are to be understood as non-binding estimates.

4.2. We endeavor to meet agreed delivery dates reliably. However, delivery periods are subject to unforeseeable events beyond our control, such as natural events, official measures, energy shortages, transport disruptions, or comparable circumstances.

4.3. Partial deliveries are permitted, provided they are reasonable for the contractual partners.

4.4. With respect to business customers, the risk passes to the buyer upon handover of the goods to the transport company.

4.5. With respect to consumers, the risk passes only upon handover of the goods to the consumer or to a person authorized by the consumer to receive them.

5. Retention of Title
5.1. The delivered goods remain the property of Estyria Naturprodukte GmbH until all claims arising from the business relationship have been paid in full.

5.2. The contractual partners are obliged to notify us immediately of any third-party access to goods subject to retention of title.

5.3. If goods are resold or processed, the statutory provisions on retention of title as well as the rights of Estyria Naturprodukte GmbH set out in these terms and conditions shall apply.

6. Terms of Payment
6.1. Invoices are due for payment within the agreed payment period without deduction.

6.2. In the event of late payment, the applicable statutory default interest as well as the statutory provisions on reminder and collection costs shall apply.

6.3. Incoming payments will first be applied to costs, then to interest, and finally to the outstanding principal claim.

7. Quality, Warranty, and Complaints
7.1. The quality of our products is our highest priority.

7.2. For consumers, the statutory warranty provisions apply.

7.3. Business customers must inspect the delivered goods immediately upon receipt and notify us in writing of any identifiable defects within five working days at the latest.

7.4. Hidden defects must be reported in writing immediately upon discovery.

7.5. In the event of a warranty claim, we are entitled, at our discretion, to remedy the defect or provide a replacement.

7.6. For business customers, the warranty period is twelve months from handover of the goods. The statutory duty to inspect and give notice of defects pursuant to Section 377 of the Austrian Commercial Code (UGB) remains unaffected.

7.7. Excluded from the warranty are damages caused by improper storage, handling, processing, or other use contrary to the intended purpose.

8. Food and Natural Products
8.1. Our products are natural products. Variations in color, taste, or texture that occur naturally and do not materially impair quality do not constitute a defect.

8.2. The contractual partners are obliged to observe the recommended storage and usage instructions.

8.3. We accept no liability for quality impairments resulting from improper storage or handling after handover.

9. Right of Withdrawal for Consumers
9.1. Consumers are entitled to the statutory rights of withdrawal and rescission in accordance with the applicable legal provisions.

9.2. Detailed information on the right of withdrawal, the applicable deadlines, and any exceptions can be found in our separate withdrawal notice on our website.

10. Returns and Cancellations
10.1. As many of our products are foodstuffs or natural products, returns can only be accepted following prior arrangement.

10.2. Individually produced, custom-processed, or already opened goods are generally excluded from return, unless statutory claims exist.

10.3. If a return is accepted as a gesture of goodwill, reasonable handling and transport costs may be charged.

11. Liability
11.1. We are liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence.

11.2. For personal injury, product liability claims, and other mandatory statutory liability cases, the statutory provisions apply without restriction.

11.3. With respect to business customers, liability for slight negligence is excluded to the extent permitted by law. We are not liable for indirect damages, consequential damages, production losses, or loss of profit. This does not apply in cases of intent, gross negligence, personal injury, or mandatory statutory liability.

12. Force Majeure
12.1. Events beyond the control of a contracting party, in particular natural disasters, pandemics, official measures, strikes, energy shortages, or comparable circumstances, shall be deemed cases of force majeure.

12.2. For the duration and to the extent of the effects of such events, the affected performance obligations shall be suspended.

13. Data Protection
13.1. Personal data is processed exclusively in accordance with the applicable data protection regulations.

13.2. Personal data is processed in particular for the purposes of contract execution, customer service, and safeguarding legitimate business interests.

13.3. Further information on data processing and the rights of data subjects can be found in the current privacy policy on our website.

14. Changes to Contact Details
14.1. The contractual partners undertake to notify us immediately of any changes to their address, email address, or other contract-relevant data.

14.2. Notifications sent to the most recently provided address shall be deemed validly delivered.

15. Applicable Law and Place of Jurisdiction
15.1. Austrian law applies, to the exclusion of the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).

15.2. For disputes with business customers, the court with subject-matter jurisdiction at the registered office of Estyria Naturprodukte GmbH shall be deemed agreed, to the extent permitted by law.

15.3. With respect to consumers, the statutory provisions on jurisdiction apply.

16. Severability Clause
16.1. Should individual provisions of these General Terms and Conditions of Sale and Delivery be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

16.2. The invalid provision shall be replaced by the legally permissible provision that most closely reflects the economic purpose of the original provision.