Terms of service

General Terms and Conditions of Flow Drops GmbH
(valid from: 1 August 2020)


Imprint

Duty to inform according to §5 E-Commerce Act, §14 Company Code, §63 Trade Regulation Act and duty to disclose according to §25 Media Act.

Flow Drops GmbH
Morzger Straße 85,
5020 Salzburg,
Austria

Object of the company: Trade
UID number: ATU75482489
Company register number: FN 531840 v
Company register court: Salzburg regional court
Registeredoffice: 5020 Salzburg

Email: office@flowdrops.net
Phone: +43 664 5163807
Contact form on our info page

Member at: WKO
Professional law: Trade regulations: www.ris.bka.gv.at

Supervisory authority/trade authority: Bezirksstelle Salzburg-Stadt
Job title: Händler
State of award: Austria

Managing Director
Stephan Schneider

Shareholding structure
Shareholder Stephan Schneider 100%


Our company named in the imprint operates the virtual shop
"flowdrops.net".


Source: Created with the imprint generator of AdSimple® web design in cooperation with meinhaushalt.at

 

1. General

The General Terms and Conditions apply to the sale and delivery of goods and the provision of services by our company. Flow Drops GmbH delivers the goods only within the Schengen area. By clicking on the checkbox in the shopping cart before placing the order "I have read and accepted the terms of service." the buyer agrees to and is bound by these General Terms and Conditions.

Our range of offers is non-binding. The order of the customer with full legal capacity (persons over the age of 18) represents an offer to conclude a purchase contract. The subsequent confirmation of receipt of the order sent by us in accordance with § 10 para 2 ECG does not in itself constitute acceptance of the offer. The purchase contract is only concluded as soon as we deliver the ordered goods, by sending a second e-mail as order confirmation or by other acceptance of the customer's offer. All offers on our website are subject to change, non-binding and only available while stocks last.

If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. The delivery person will only hand over the goods after the age check has been carried out and only to the customer in person.

 

2. Order process, order correction, order cancellation

Once you have selected the desired product, you can place it in the shopping cart without obligation by clicking the button [Add to shopping cart]. You can view the contents of the shopping cart at any time without obligation by clicking the button [Add to cart]. You can remove the products from the shopping cart at any time by clicking the [Delete] button. If you want to buy the products in the shopping cart, click the button [Checkout]. Please enter your data. For first orders a registration as "new user" is necessary. For further orders it is sufficient to enter the login and password specified by the user during the initial registration. Your data will be transmitted in encrypted form. After entering your data and selecting the type of payment and delivery, the button [Confirm Order] will take you to the order page, where you can check your entries again. By clicking the button ["order with obligation to pay"] you complete the ordering process. By pressing the "back arrow" of the browser you can correct your entries. The ordering process can be cancelled at any time by closing the browser.

We save the contract text and send you the order confirmation by e-mail. You can view and change your orders and personal data at any time by logging in.

 

3. Language of the contract

The content of the contract, all other information, customer service, data information and complaint handling are offered in German and English.

 

4. Prices

The prices apply at the time of the order including statutory VAT plus all expenses incurred with the shipment. They are shown in the shopping cart before the contract is concluded and thereafter in a contract confirmation sent to the customer. Should export or import duties become due in the course of shipment, these shall also be borne by the customer (information on this can be obtained from your competent customs office).

 

5. Right of withdrawal

Consumers according to KSchG have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is:

  • 1. in the case of a service contract or a contract for the supply of water, gas or electricity, where they are not offered for sale in a limited volume or quantity, of district heating or of digital content not supplied on a tangible medium, fourteen days from the day of conclusion of the contract.
  • 2. in the case of a purchase contract, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
  • 3. in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately, fourteen days from the day on which you or a third party named by you who is not the carrier has or has taken possession of the last goods.
  • 4. in the case of a contract for the delivery of goods in several partial consignments or pieces, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece.
  • 5. in the case of a contract for the regular delivery of goods over a fixed period of time, fourteen days from the day on which you or a third party named by you who is not the carrier took or has taken possession of the first goods.

    In order to exercise your right of withdrawal, you must inform us, Flow Drops GmbH, at Morzger Straße 85, 5020 Salzburg, Austria, e-mail: office@flowdrops.com, telephone: +43 664 5163807 by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.

    In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

    Consequences of revocation 

    If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal 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; in no case will you be charged for this repayment. In the case of sales contracts in which we have not offered to collect the goods ourselves in the event of cancellation, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. 

    If you have received goods in connection with the contract, you must return the goods without delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract to us or to

    ......................................................................................................

    LKV Logistik GmbH
    Attn: Flow Drops GmbH
    Salzachtalstraße 47
    5400 Hallein
    Austria

    to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

    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 testing the quality, characteristics and functioning of the goods.

    If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

    If the customer is an entrepreneur, a revocation is completely excluded. 

     

    Cancellation form

     

    (If you want to cancel the contract, please fill out this form and send it back)

     

    - To

    Flow Drops GmbH, Morzger Straße 85, 5020 Salzburg, AUSTRIA, office@flowdrops.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 in the case of notification on paper)

       

    -Date

       

    (*) Delete as applicable.

     

    Instructions for the smoothest possible handling of the return shipment 

    If possible, please return the item to us complete in the original packaging. Please use the return note (please enter the reason for return) and enclose it with the package. The use of the return note and the original packaging is not a "must", i.e. not a prerequisite for the assertion of your right, but simplifies and secures the processing for us.

    If you only want to return one item from the delivery, but have ordered other items that you now want to pay for by invoice, simply deduct the item you have returned from the invoice amount.

     

    The consumer shall not have the right to withdraw from contracts concerning 

    • 1. Services, if the trader - on the basis of an express request by the consumer pursuant to Section 10 FAGG as well as a confirmation by the consumer of his knowledge of the loss of the right of withdrawal upon complete performance of the contract - had commenced performance of the service before the expiry of the withdrawal period pursuant to Section 11 FAGG and the service was then completely performed,
    • 2. Goods or services whose price depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period,
    • 3. Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
    • 4. Goods that can spoil quickly or whose expiry date would be quickly exceeded,
    • 5. Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
    • 6. Goods which have been inseparably mixed with other goods after delivery due to their nature,
    • 7. Alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no control,
    • 8. Sound or video recordings or computer software supplied in a sealed package, provided that the seal has been removed after delivery,
    • 9. Newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications,
    • 10. Non-residential accommodation services, transport of goods, hire of motor vehicles and supply of food and drink and services relating to leisure activities, provided that in each case a specific time or period is contractually stipulated for the performance of the contract by the trader,
    • 11. The delivery of digital contents not stored on a physical data carrier, if the entrepreneur - with the express consent of the consumer, combined with the consumer's knowledge of the loss of the right of withdrawal in the event of premature commencement with the performance of the contract, and after providing a confirmation pursuant to Section 7 (3) FAGG - has commenced with the delivery before the expiry of the withdrawal period pursuant to Section 11 FAGG,
    • 12. urgent repair or maintenance work where the consumer has expressly requested the trader to visit him in order to carry out that work. If, during such a visit, the trader provides additional services which the consumer has not expressly requested or supplies goods which are not necessarily needed as spare parts during the maintenance or repair, the consumer shall have the right of withdrawal in respect of those additional services or goods.

     

    6. Payment

    We accept the following payment methods:

    • Credit card (Visa, Mastercard)
      If payment is made by credit card, the amount will be charged on the same day. When paying by credit card, the customer provides the following data: Cardholder, card number, credit card company, expiry date, CVV code. The data is transmitted via SSL encryption with at least 128 bit key and is therefore not accessible to unauthorized persons.
    • Paypal
    • EPS

     

    7. Default of payment

    In the event of default in payment by the customer, we shall be entitled to demand the legally regulated default interest.

    The statutory interest on arrears between consumers and entrepreneurs is 4 percentage points.

     

    8. Dunning and collection charges

    In the event of default, the contractual partner undertakes to reimburse us for the dunning and collection costs to which we are entitled, even in the event of default in payment through no fault of our own, insofar as they are necessary for the appropriate pursuit of legal action and are reasonable in relation to the claim, whereby the contractual partner undertakes in particular to reimburse us for the costs incurred by us in the event of the involvement of a collection agency, insofar as these do not exceed the maximum rates of remuneration due to collection agencies. If we carry out the dunning process ourselves, the debtor undertakes to pay an amount of EUR 12.00 per reminder and an amount of EUR 5.00 per half-year for the keeping of records of the debt relationship in the dunning process.

     

    9. Default of acceptance

    For default of acceptance in the case of customers who have ordered as entrepreneurs, we are entitled to store the goods with us, for which we charge a storage fee of EUR 0.1 per calendar day or part thereof. At the same time we insist on fulfilment of the contract.

     

    10. Retention of title

    We retain title to the delivered service or goods or to the media processed or created by us until receipt of all payments from the business relationship with the customer. If the customer resells goods subject to retention of title, he shall also pass on the retention of title. The customer must notify us immediately of any access by third parties to our goods subject to retention of title. Pledges, transfers by way of security and similar of the goods subject to retention of title are only permissible with our prior consent. If payment is not made immediately after a reminder in the event of default, our goods subject to retention of title shall be surrendered without delay.

    The return costs shall be borne by the customer.

     

    11. Data protection

    The protection of your personal data is of particular concern to us. You can find all information on data protection on our sub-page "Privacy policy".

    We, Flow Drops GmbH, are the responsible party in the data protection sense for data processing. If you have any questions regarding the collection, processing or use of your personal data, please contact us in writing:

    Flow Drops GmbH, Morzger Straße 85, 5020 Salzburg, office@flowdrops.com

     

    12. Warranty, liability, guarantee

    The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from the date of acceptance of the goods by the purchaser or, in the case of services, from the date of completion of the service. In the case of justifiably objected defects, either free replacement or improvement shall be carried out, for which a reasonable period of time shall be granted. If replacement or improvement is not possible (not possible, too much effort, unreasonable, delay, etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (redhibitory action).

    Defects that occur are to be notified as far as possible upon delivery or after they become visible, whereby failure to notify us upon delivery or after they become visible by a consumer has no influence on the consumer's warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found.

    Our company is only liable for damages in case of intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for consequential (defect) damage, as well as other property damage, financial loss and damage to third parties against the customer, insofar as it is not a consumer transaction, is excluded.

    The guarantee must be claimed from the guarantor (the manufacturer/sometimes the seller if the manufacturer) and is subject to the terms and conditions of the guarantor. Please refer to the contract confirmation for any warranty conditions. The use of the warranty does not limit the legal warranty.

    In the case of the dispatch of goods in consumer transactions, the risk of loss of or damage to the goods shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a choice suggested by us, the risk shall pass as soon as the goods are handed over to the carrier.

     

    13. Applicable law, place of jurisdiction

    The contracting parties agree on the application of Austrian law. If the consumer has his domicile or habitual residence in Austria or if he is employed in Austria, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established for an action against him; this does not apply to legal disputes that have already arisen. The UN Sales Convention and all provisions relating to the UN Sales Convention are expressly excluded.

    For contracts with companies, our registered office is agreed as the place of jurisdiction.

     

    14. Place of performance for business transactions

    The place of performance for all services arising from the contract is our registered office.

     

    15. Copyright

    All news, graphics and the design of our website are exclusively for the personal information of our customers and are protected by copyright.

     

    16. Conciliation body

    We undertake to participate in the arbitration procedure of the Internet Ombudsman in the event of disputes:

    www.ombudsmann.at

    More information on the types of proceedings at www.ombudsmann.at.
    The OS platform can also be used to resolve disputes with our company: https://ec.europa.eu/consumers/odr
    Our email address: [insert your company's contact email address].

     

    17. Delivery

    Delivery will be made by

    LKV Logistics GmbH
    Salzachtalstraße 47
    5400 Hallein
    Austria

    If not all ordered articles are immediately available, the immediately available articles will be delivered immediately and further articles will be delivered as soon as they are available. However, the delivery costs will only be charged once per order, even in the case of partial delivery.

     

    18. Shipping costs

    The shipping costs can be found in this list on our subpage "Shipping".

     

    19. Storage of the contract

    The contract text is stored with us and can be requested by you after completion of the ordering process. You can print out the order data immediately after submitting it. To do this, you can either use the subsequent page "Your order" or the mail "Acknowledgement of receipt".

     

    20. Miscellaneous

    Recourse claims within the meaning of the Product Liability Act are excluded unless the party entitled to recourse proves that the defect was caused in our sphere and was at least due to gross negligence.

    The contractual partner waives the possibility of offsetting. However, this does not apply to consumers.

    Voluntary code of conduct: www.guetezeichen.at