General Terms And Condition
§ 1 Applicability, definitions of terms
(1) Noom OG, Riegersburg 187, 8333 Riegersburg, Austria (hereinafter: “we” or “Noom Wild Ales”) operates an online store for goods under the website https://www.noom.at/shop/. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in their version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these Terms and Conditions 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. “Entrepreneur” 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, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and enter into liabilities.
§ 2 Conclusion of contracts, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to orders placed via our online store at https://www.noom.at/shop/.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following regulations shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
Selection of the desired goods,
Adding the products by clicking on the appropriate button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
Checking the information in the shopping cart,
Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “Go to order overview” or similar),
Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
Completion of the order by pressing the button “Send & Pay” or “Pay with PayPal”. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us to the specified e-mail address within three working days.
(4) In case of conclusion of the contract, the contract is concluded with Noom OG, Riegersburg 187, 8333 Riegersburg, Austria.
(5) Before placing the order, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the General Terms and Conditions and the cancellation policy, shall be carried out by e-mail after the order has been triggered by you, in part automatically. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by aborting the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject of the contract and essential characteristics of the products
(1) In our online store is the subject of the contract:
The sale of goods. The specific goods offered can be found on our article pages.
(2) The essential characteristics of the goods can be found in the article description. If the agreed condition of the goods deviates from their usual condition and conditions of use, this will be expressly pointed out in the item description (negative condition agreement). If the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
(3) In addition to the prices indicated, shipping costs may be incurred for the delivery of products, unless the respective item is indicated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(4) All offered products are, unless clearly stated otherwise in the product description, ready for immediate shipment (delivery time: 5 – 8 working days after receipt of payment).
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Germany, Austria.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Right of revocation
As a consumer you have a right of revocation. This is governed by our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.
(2) We shall be liable without limitation for slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the damage typically foreseeable under the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes, in particular, our duty to act and to perform the contractually owed service, which is described in § 3.
§ 8 Contractual language
German shall be the sole contractual language.
§ 9 Warranty
(1) The warranty shall be governed by the statutory provisions.
(2) Towards entrepreneurs the warranty period on delivered goods is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
§ 10 Final provisions/dispute resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
(4) The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
