General Terms and Conditions Austria

for the Soilkind online shop (as of October 2024)

§ 1 Scope

The following terms and conditions apply to all contracts concluded by soilkind GmbH (hereinafter referred to as soilkind) with consumers (hereinafter referred to as customer) within the framework of the online shop.

Deliveries are generally only possible within Austria; the contract language is German.

§ 2 Conclusion of contract

The customer’s contractual partner is soilkind-GmbH.

The product range presented in the online shop (devices and accessories for private users) is subject to change and merely represents a non-binding invitation to the customer to order goods.

Items can be selected from this product range, saved in a shopping cart, and ordered from soilkind. Before submitting the order, the customer has the opportunity to review all information (e.g., item name, quantity, name, address, payment method) and change it if necessary. Only by clicking the "Order with payment" field does the customer submit a binding offer to soilkind to conclude a purchase contract. Receipt of the customer's order will be confirmed immediately by email (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the offer. A purchase contract is only concluded when the ordered goods are shipped to the customer. Upon shipment of the goods, the customer will receive a shipping confirmation with a tracking number by email. The customer can print or save these General Terms and Conditions.

The customer can also save or print the contents of their order immediately after placing the order. The contractual provisions, including the General Terms and Conditions, will be made available to the customer again with the confirmation of receipt.

Soilkind reserves the right to limit the order to a household quantity. This applies both to the number of products ordered within one order and to the placing of multiple orders for the same product, where each order contains a household quantity.

§ 3 Right of withdrawal for consumers

Consumers have a right of withdrawal in accordance with the provisions below.

Cancellation policy for purchase contracts

You have the right to withdraw from this contract within thirty days without giving any reason. The withdrawal period is thirty days from the date of conclusion of the contract, i.e., from the date on which the ordered goods are shipped to the customer.

To exercise your right of withdrawal, you must inform us (soilkind-GmbH, Quellenstr. 7, D - 70376 Stuttgart, telephone number: (+49) 030 40 50 416 18, email address: info@soilkind.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, email, or telephone). You may use the sample withdrawal form linked below, but this is not mandatory.

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 revoking purchase contracts

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within thirty days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than thirty days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the thirty-day period.

We will bear the cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Cancellation form: https://cdn.shopify.com/s/files/1/0631/7332/9074/files/soilkind_Widerrufsformular_DINA4_DE_01.pdf?v=1714398826

§ 4 Prices, shipping costs

All prices in the online shop include statutory VAT. The amount of VAT included will be displayed to the customer before placing their order.

For standard shipping of the device, the customer will incur a shipping fee of EUR 18 within Austria. For accessories and spare parts, the customer will incur a shipping fee of EUR 11 within Austria. The shipping costs will be displayed to the customer before placing their order. If the shipment is divided into multiple partial deliveries, the shipping costs will only be charged once. All prices include statutory VAT.

§ 5 Payment, Default

The customer can pay the purchase price by credit card, PayPal and KLARNA (SOFORT, Pay-in-3, purchase on account).

When paying by credit card or PayPal, the time of payment corresponds to the time of the order. When using the payment service provider "PayPal," payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at www.paypal.com. This requires, among other things, that the customer has opened or already has a PayPal account.

In the event of a credit card charge being rejected, the customer undertakes to pay the price within 10 days of receiving the service.

Payment options via Klarna Bank AB (publ) ("KLARNA") are only available to customers with an email address. The following payment options are available via KLARNA:

Sofort: With the "Sofort" payment option, customers can pay the amount directly during the ordering process via their online banking account. KLARNA establishes a connection to the customer's bank account, and the invoice amount is immediately debited.

Pay-in-3: With "Pay-in-3," customers can pay the total amount in three equal installments. The first installment is due immediately upon ordering from your registered payment method, while the remaining installments are debited over the following two months.

With "purchase on account," the customer first receives the goods and then has a certain period of time to pay the invoice amount. After selecting KLARNA invoice, the customer is redirected to the KLARNA website.

There, they can select when they want to pay for the order. KLARNA will issue the invoice to the customer, and the invoice amount must be transferred to KLARNA within the selected time period.

If the customer defaults on payment, soilkind is entitled to charge default interest at a rate of 5%. If soilkind can prove that it has incurred greater damages due to default, soilkind is entitled to claim these. The customer hereby agrees that soilkind or the payment service provider selected by the customer is entitled to send the invoice to the customer as an electronic invoice (invoice issued and received in an electronic format, e.g., as a PDF document) via email. Soilkind may, at its sole discretion, also send the invoice to the customer on paper.

§ 6 Retention of title

The delivered goods remain the property of soilkind until full payment has been made.

§ 7 Delivery

soilkind is entitled to make partial deliveries to a reasonable extent.

If soilkind is unable to deliver the ordered goods through no fault of its own, soilkind reserves the right to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available and any payments already made will be refunded immediately. The customer's statutory rights remain unaffected.

§ 8 Warranty

In the event of a material defect in the purchased item, the statutory provisions apply. Warranty claims expire according to the statutory provisions.

§ 9 Digital products and goods with digital elements

If the contract concerns the provision of digital content or digital services (digital products) or goods that contain or are connected to digital products in such a way that the goods cannot fulfil their functions without these digital products (goods with digital elements), the provisions of this Section 9 apply in addition. If the contract concerns goods that contain or are connected to digital products in such a way that they can fulfil their functions even without these digital products, this Section 9 only applies to the part of the contract that contains the digital product.

Soilkind provides the customer with updates necessary to maintain the contractual conformity of the digital product or goods with digital elements. Soilkind informs the customer about the updates and makes them available for download. The customer is free to download and install the respective update. If the customer fails to install the updates provided by Soilkind, Soilkind shall not be liable for defects that are solely due to the lack of the corresponding update, provided that Soilkind has informed the customer of the consequences of a failed or improper installation and this is not due to inadequate installation instructions provided by Soilkind.

§ 10 Damages, limitation of liability

soilkind is only liable for damages in the event of intent or gross negligence.

This limitation of liability for damages does not apply if soilkind has provided a guarantee, nor if it concerns damages resulting from injury to life, body or health of a person or if there are claims under the Product Liability Act.

The above exclusions of liability also apply to our employees, vicarious agents and other third parties whom soilkind uses to fulfill the contract.

§ 11 Applicable law, final provisions

Unless mandatory statutory provisions conflict with this, the applicability of Austrian substantive law is agreed, excluding the rules of international private law and the UN Convention on Contracts for the International Sale of Goods as well as all provisions relating to the UN Convention on Contracts for the International Sale of Goods.

The contract concluded between Soilkind and the customer contains all agreements reached between the parties regarding the subject matter of the contract. There are no verbal ancillary agreements.

§ 12 Provider identification, address for service

The address for service of summons and the address of Soilkind for complaints and other declarations of intent is:

Soilkind GmbH
Quellenstr. 7
DE-70376 Stuttgart
Email: info@soilkind.com
Register court: Stuttgart, HRB 772132
VAT identification number: DE345136543
Managing Directors: Dr. Johannes Luschitz, Marina Nazmer

§ 13 Information on online dispute resolution

The EU Commission has created an internet platform for online dispute resolution (the "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We prefer to resolve your concerns through direct communication with you and therefore do not participate in dispute resolution proceedings before a consumer arbitration board. Please contact us directly if you have any questions or problems.

As of: October 7, 2024