Terms and Conditions

Contract terms within the framework of purchase agreements made through the platform https://www.simplejerky.at

between

Simple Jerky
5441 Abtenau

Registered in the Trade Register District Hallein: 502/114283
Represented by Benjamin A. Jacobs.
VAT identification number: ATU69241402

– hereinafter referred to as "Provider" –

and

the users of this platform referred to in Section 2 of these General Terms and Conditions – hereinafter referred to as “customer(s)”.

§ 1 Scope

The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Differing conditions from the customer will not be recognized unless the provider expressly agrees to their validity in writing.

§ 2 Conclusion of Contract

(1) The customer can select products from the provider's range and collect them in a so-called shopping cart via the link "Order now". By clicking the "Buy" button, he submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.

(2) The provider then sends the customer an automatic confirmation of receipt via email, in which the customer's order is listed again. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the content of the order. In this email or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of the order and order confirmation) will be sent to the customer by us on a durable medium (email or paper printout). The contract text will be stored in compliance with data protection regulations.

(3) The contract is concluded in the languages: German.

§ 3 Delivery, availability of goods, payment methods

(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), prior payment of the purchase price is assumed.

(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. He will immediately reimburse any payments the customer may have already made.

(3) The following delivery restrictions apply: The provider only delivers to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.

(4) The customer can make the payment via PayPal, Sofort, bank transfer, and credit card.

(5) The payment of the purchase price is due immediately upon conclusion of the contract or, in the case of bank transfer, without delay.

§ 4 Retention of Title

The delivered goods remain the property of the provider until the purchase price has been paid in full.

§ 5 Prices and Shipping Costs

(1) All prices stated on the provider's website include the applicable statutory sales tax.

(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer unless the customer makes use of any right of withdrawal.

§ 6 Liability

(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 7 Information on Data Processing

(1) The provider collects customer data in the context of contract processing. In doing so, it particularly observes the provisions of the Data Protection Act of the Republic of Austria. Without the customer's consent, the provider will only collect, process, or use inventory and usage data of the customer to the extent necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.

§ 8 Final Provisions

(1) The law of the Republic of Austria shall apply to contracts between the provider and the customers, excluding the UN Sales Convention and international private law.

(2) 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 is the registered office of the provider.

(3) The remaining parts of the contract remain binding even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be ineffective.