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Out Of Earth

Terms and conditions

1. Scope of application
These General Terms and Conditions apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed. Any deviating terms and conditions of the customer shall not apply unless we have agreed to their validity in writing.
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. Contracting party
When making a purchase on www.outofearth.shop, you enter into a contract with:
Buero Virido GmbH,
Degengasse 69/1,
1160 Vienna, Austria
T: +43 0650 803 89 69
e-mail: office@outofearth.shop
FN 482693 v
Commercial Court Vienna
VAT ID: ATU72923535

- hereinafter referred to as "Seller" or "We" -

3. Offer and conclusion of contract
Product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the customer.
The customer can submit the offer via the online order form integrated in the Seller's online shop. In doing so, after placing the selected goods and/or services in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process.
The seller may accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time at which one of the aforementioned alternatives occurs first. Delivery periods always apply from the time of conclusion of the contract.
If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
If the customer selects "eps Überweisung" or "Vorauskassa" as the payment method during the online ordering process, he/she also issues a payment order to his/her payment service provider by clicking the button that concludes the ordering process. In this case, the Seller declares, by way of derogation, acceptance of the Customer's offer at the time when the Customer triggers the payment transaction by clicking the button that concludes the ordering process.
The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer.
When an offer is made via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting his order.
Before submitting a binding order via the Seller's online order form, the Customer can correct his entries on an ongoing basis using the usual operating functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
Only the German language is available for the conclusion of the contract.
We will confirm receipt of your offer by sending an automatically generated e-mail to the address you have provided ("order confirmation"). This e-mail does not constitute an acceptance of your offer. Please check the order data in the order confirmation. If you find an error or change your mind about the order, please let us know as soon as possible.
Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him/her for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

4. Delivery conditions and delivery periods
Our offers are open to all customers with a residence or registered office in a member state of the European Union.

The delivery periods stated in the online shop apply. If there are different delivery times for a particular product, these are stated directly on the product page.
We are entitled to execute the order in partial deliveries even without the corresponding request of the customer. In this case, we shall bear all additional shipping costs incurred as a result.
If we are prevented from meeting delivery deadlines due to force majeure (e.g. strike, natural disasters) or other circumstances for which we are not responsible, we will inform you of this as soon as possible. The delivery period shall be extended by the duration of such events.

5. Prices, shipping costs, terms of payment
The prices listed in our online shop are in EUR and include all taxes, but not shipping costs.
The shipping costs can be found on the subpage "Shipping costs and delivery conditions". The amounts listed at the time of ordering apply. We will inform you again about the prices, taxes and shipping costs in the order summary before completing the order.
The payment methods accepted in our online shop are listed on the subpage "Payment methods". There you will find all details on the associated payment conditions and any fees.
Unless we agree otherwise with you, the invoice amount is due for payment immediately. In the event of default, we are entitled to charge statutory interest on arrears.

6. Retention of title
All goods delivered by us remain our property until full payment has been made.

7. Right of withdrawal (hereinafter uniformly referred to as "right of withdrawal")
Consumers with domicile or habitual residence within the EU are generally entitled to a right of withdrawal. Entrepreneurs do not have this right of withdrawal.
Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal. 8.

8. Transfer of risk
The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal or if he is not responsible for the circumstance that led to the impossibility of delivery.
If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or company otherwise appointed to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or company otherwise appointed to carry out the shipment to carry out the shipment and the seller has not previously named this person or company to the customer.

9. Warranty and liability
The warranty shall be governed by the statutory provisions.
We shall be liable exclusively for damages which we or our vicarious agents have caused to you intentionally or through gross negligence. This does not apply to liability for personal injury.
In addition, the following applies to entrepreneurs
- In principle, an insignificant defect does not justify any warranty claims.
- The seller may choose the method of remedying the defect.
- The limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
If the customer acts as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), he shall be subject to the commercial obligation to examine the goods and give notice of defects pursuant to § 377 UGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

10. Final provisions
The place of performance is the registered office of our company.
The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods if the customer is an entrepreneur. This choice of law does not apply to consumers.
If the customer is an entrepreneur, the place of the seller's registered office shall be agreed as the exclusive place of jurisdiction.

11. Information on online dispute resolution
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.