1. Scope

1.1. The business relationship between Pepper & Ginny, Ballgasse 5, 1010 Vienna (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of the order.

1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3. Any deviating conditions of the customer will not be accepted unless the seller expressly agrees to their validity.

2. Offers and service descriptions

2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogues and on the seller's websites do not have the character of a representation or guarantee.

2.2 All offers are valid "while stocks last" unless otherwise stated for the products. Otherwise, errors remain reserved.

3. Order process and conclusion of contract

3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [add to cart] button. The product selection can be changed within the shopping cart, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart using the [continue to checkout] button.

3.2. By clicking on the [order with payment] button, the customer 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 and use the browser's "back" function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 4 to 10 days or has confirmed the shipment to the customer within 3 days with a second email, express order confirmation or sending of the invoice. Acceptance can also be confirmed by a payment request from the seller to the customer and at the latest by completing the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound to his offer.

3.4. If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 3 calendar days of the order confirmation being sent, even after a further request, despite being due, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. The item will therefore be reserved for a maximum of 10 calendar days in the case of advance payment.

4. Prices and shipping costs

4.1 All prices stated on the Seller’s website include the applicable statutory value added tax.

4.2. In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process. It is also possible to collect the goods yourself.

5. Delivery, availability of goods

5.1 If advance payment has been agreed, delivery will take place after receipt of the invoice amount.

5.2. If the delivery of the goods fails due to the buyer's fault, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already provided.

5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

5.5 The seller is not responsible for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the seller, even if binding deadlines and dates have been agreed. In this case, the seller is entitled to postpone delivery or performance by the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a sub-supplier and are neither the responsibility of the customer nor the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, he can withdraw from the contract by written declaration after a reasonable deadline set by him or after mutual consultation with the seller.

5.6 It is also possible to collect the goods yourself.

6. Terms of payment

6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third parties are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.

6.4. If the due date for payment is determined according to the calendar, the customer will be in default simply by missing the deadline. In this case, the customer must pay the statutory default interest.

6.5. The Customer’s obligation to pay default interest does not exclude the Seller from claiming further damages caused by default.

6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title

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

8. Transport damage

If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no effect on your legal claims and their enforcement, in particular your warranty rights.
consequences, but you help us to assert our own claims against the carrier or the transport insurance.

9. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.

10. Liability

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. We are liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents.
in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty
in the case of guarantee promises, if agreed, or
insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.

11. Storage of the contract text

11.1 The Customer can print out the contract text before submitting the order to the Seller by using the print function of his browser in the last step of the order.

11.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but at the latest when the goods are delivered, the customer also receives a copy of the general terms and conditions along with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available on the Internet.

12. Right of withdrawal

Consumers within the meaning of the Consumer Protection Act (KSchG) have the right to cancel the purchase contract within 14 days of receiving the goods without giving any reason. Pepper & Ginny reserves the right to withhold refunds until the goods affected by the cancellation have arrived. There is no right of cancellation for perishable goods and goods whose expiration date would quickly be exceeded; for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, the right of cancellation does not apply if they have been unsealed after delivery.

13. Abusive or criminal conduct

We place great value on good behavior! It is therefore important to us that comments and reviews are formulated critically, but always in a friendly manner. We do not tolerate insults, abuse or similar on our site. We will delete such comments immediately. We also reserve the right to block users after such behavior. Racist, sexist, xenophobic or other criminally relevant content will be reported immediately without exception.

14. Participation in the dispute

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: http://ec.europa.eu/consumers/odr/ . We are not obliged to participate in such a dispute resolution procedure before a consumer arbitration board.

15. Final provisions

The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

General Terms and Conditions of Sale and Delivery (Dealers)

I. SCOPE, SALES CRITERIA
Deliveries, services and offers from Pepper & Ginny are made exclusively in accordance with these terms and conditions of sale and delivery (“GTC”). These also apply to all future business relationships with the customer (hereinafter also “dealer”), even if they are not expressly agreed again. The customer accepts these terms and conditions by placing the order or accepting the goods. Differing or supplementary conditions, in particular the customer’s purchasing conditions, do not apply, even if Die Pfanzerei has not expressly objected to them or has unconditionally arranged delivery to the customer in knowledge of such differing or supplementary conditions.

II. OFFER AND CONCLUSION OF CONTRACT
Pepper & Ginny's offers are non-binding and subject to change unless they are expressly marked in writing as binding offers. Declarations of acceptance and all orders from the customer require written or telex confirmation from Pepper & Ginny to be legally effective. In the case of offers marked as binding, a contract is concluded if the offer from Pepper & Ginny is accepted in writing by the customer within a period of two (2) weeks from the date of the offer or if the customer accepts the goods delivered by Pepper & Ginny. After this period has expired, Pepper & Ginny is no longer bound by the offer. If the customer makes certain demands on the services of Die Pfanzerei, he must inform Pepper & Ginny of these in writing before confirming the order. Pepper & Ginny is then entitled to accept or reject the order in writing within a period of two (2) weeks from receipt of the written demands. In any case, the customer remains bound to his offer within this period.

III. PRIZES
The prices stated in Pepper & Ginny's offers are only binding for Pepper & Ginny within the validity period of the offer. Prices are generally ex works or warehouse of Pepper & Ginny. They are always exclusive of the respective statutory sales tax and do not include transport, postage or packaging costs, insurance costs, customs duties or other ancillary charges. Unless otherwise agreed, Pepper & Ginny is entitled to adjust the agreed prices to reflect disproportionately increased wage, material or raw material costs that are unforeseeable and for which Pepper & Ginny is not responsible. The customer's consent or approval is not required for this. Such an adjustment is only possible for agreed prices if there is a period of more than six (6) weeks between the conclusion of the contract and the agreed delivery date and the cost increases occurred after the contract was concluded. Unless otherwise agreed, Pepper & Ginny charges a minimum quantity surcharge of EUR 10 net for orders with an order value of less than EUR 50 net.

IV. DELIVERIES AND PERFORMANCE TIME
The delivery dates and deadlines specified by Pepper & Ginny are non-binding unless otherwise expressly agreed in writing. Pepper & Ginny may make partial deliveries for justified reasons, provided this is reasonable for the customer.
Delivery dates and deadlines are deemed to have been met if the goods are dispatched on time or - if the goods are picked up by the customer - if the goods are ready for dispatch are notified in a timely manner. Delivery periods begin with the conclusion of the contract, but not before the customer has received and clarified all the necessary documents, before the customer has provided the cooperation required for delivery, before agreement on the type of execution and before all official permits have been granted. In the event of subsequent additions or changes to the contract, the delivery dates and deadlines are postponed or extended accordingly. Pepper & Ginny is not responsible for delays in delivery and service due to unforeseeable, unavoidable events outside the sphere of influence of Pepper & Ginny and Die Pfanzerei, such as force majeure, war, natural disasters, strikes, lockouts, epidemics, official orders, even if binding delivery dates and deadlines have been agreed. Delivery dates and deadlines are postponed or extended by the duration of the disruption; the customer will be informed of the occurrence of the disruption in an appropriate manner. If the disruption according to the above clause 7 lasts longer than three (3) months or the end of the disruption is not foreseeable, each party is entitled to withdraw from the contract with regard to the part not yet fulfilled.

V. SHIPPING, TRANSFER OF RISK
Unless otherwise agreed in the offer, it is agreed that the customer will collect the goods. The risk of accidental loss and accidental deterioration passes to the customer when the goods are handed over to the customer and, in the case of collection by third parties commissioned by the customer, when the goods are handed over to them. If the customer defaults on acceptance, the risk passes to the customer when the default of acceptance is established. If, in the case of the agreed collection of the goods by the customer or by third parties commissioned by him, the handover is delayed for reasons for which the customer is responsible, the risk passes to the customer when the goods are made available for collection and this is notified to the customer. If Pepper & Ginny and the dealer have agreed that Die Pfanzerei will ship the goods, the goods will only be shipped from Monday to Thursday in order to avoid the goods not being received over the weekend and possibly being stored improperly. The risk of accidental loss and accidental deterioration of the goods passes to the customer as soon as the goods have been handed over to the carrier or shipping company, but no later than when they leave the warehouse or production premises of Die Pfanzerei. The above also applies in the case of partial deliveries within the meaning of Section IV. 2.

VI. PAYMENT
Unless otherwise agreed, Pepper & Ginny invoices are payable without deduction no later than 7 days after the invoice date.
Pepper & Ginny is entitled to issue partial invoices for partial deliveries in accordance with Section IV. 2. Payment is only deemed to have been made when Pepper & Ginny can dispose of the amount. Money orders, checks and bills of exchange are only accepted as performance and all collection and discount charges are charged to the customer. Any discounts granted are subject to timely payment and/or complete acceptance of the goods, insofar as they are discounts related to quantities. In the case of returns to which Pepper & Ginny has expressly agreed without being obliged to do so, the quantity discounts already granted for the entire shipment of goods from which the return shipment originates will no longer apply, with the customer being obliged to make a corresponding additional payment. If the payment deadline specified in Section 1 above is exceeded, Pepper & Ginny is entitled, without further notice, to demand default interest from the customer in the amount of 8 percentage points above the applicable base interest rate. The assertion of further damages due to delay remains unaffected. If Pepper & Ginny becomes aware of the risk of the customer's inability to pay after the contract has been concluded, Die Pfanzerei reserves the express right to only carry out outstanding deliveries against advance payment or security. Pepper & Ginny is also entitled to withdraw from individual or all contracts already concluded with the customer in whole or in part if the customer does not make the advance payments or security even after the expiry of a reasonable grace period. The customer is only entitled to offset or exercise the right of retention if his counterclaim is undisputed, ready for decision or has been legally established.

VII. SALES PRICES AND ONLINE SALES
The purchaser undertakes not to resell the purchased Pepper & Ginny products at a permanently lower price than the valid RRP, which can be found in the offer and on the Pepper & Ginny website.
The purchaser may only offer discounts or special offers to the end customer for a short and predetermined period of time, a maximum of 2 weeks. Introductory discounts may not exceed 15% and may not be offered for longer than 2 weeks. Discounts that are more than 15% below the RRP may only take place if the best-before date of the product is reached in a maximum of three days. The purchaser may offer the purchased Pepper & Ginny products for resale in his own online shop. Pepper & Ginny provides selected product images for advertising there, which may only be used for this purpose. All texts and descriptions on the website or other advertising materials from Pepper & Ginny are subject to copyright and may not be used for your own advertising purposes without prior consultation. Section VII. 1. applies accordingly to resale via the retailer's own online shop.

VIII. LIABILITY FOR DEFECTS
The goods have the agreed quality when the risk is transferred. Minor deviations in the products, in particular in the packaging, color, size or weight are permissible, provided that they are in the nature of the materials used and are customary in the trade or are reasonable for the customer. The customer must inspect the delivered goods immediately after delivery and report any obvious defects that are recognizable upon proper inspection to Pepper & Ginny in writing within 24 hours of delivery of the goods. The customer must report any defects that are not obvious and not recognizable upon proper inspection to Pepper & Ginny in writing immediately and without culpable delay after they are discovered. To meet the deadline, it is sufficient to send the written complaint in good time. If the complaint deadline is missed, Pepper & Ginny cannot be held liable for defects that are reported too late. Without prejudice to the obligation to complain in good time in accordance with the above paragraph 2, the purchaser's rights due to defects expire after 12 months from the delivery of the goods to the purchaser or from the expiry of their best-before date. The statutory limitation periods apply to the purchaser's claims for damages for reasons other than defects in the goods and with regard to the purchaser's rights in the event of defects that were fraudulently concealed or caused intentionally. In the event of a timely complaint by the purchaser, Die Pfanzerei can, at its discretion, repair the goods or provide a replacement free of charge for the purchaser. If the goods in question are returned in connection with the replacement delivery, the goods in question must be returned to Pepper & Ginny at Pepper & Ginny's expense with a clear defect label and the information necessary to process the complaint, such as the delivery note number, customer number, enclosing the guarantee certificate, receipt and the like. If the customer's complaint of defects proves to be unjustified and the customer recognized this before submitting the complaint or negligently failed to recognize it, the customer is obliged to compensate Pepper & Ginny for all damages incurred in this connection, e.g. travel or shipping costs. If Pepper & Ginny refuses to make repairs or a replacement delivery, if such repairs fail or if it is unreasonable for the customer, for example because Die Pfanzerei delays it unduly, the customer can, at his discretion and in accordance with the statutory provisions, withdraw from the contract or reduce the purchase price and/or demand compensation in accordance with Section IX or reimbursement of his wasted expenditure. However, if the breach of contract is only minor, in particular if the defects are only minor, the customer has no right of withdrawal. The customer's rights due to defects are excluded if improper handling and/or storage of the goods led to the defect that occurred or was at least a contributing factor to it.

IX. RESERVATION OF TITLE
Pepper & Ginny reserves title to the delivered goods until the purchase price has been paid in full and all claims of Pepper & Ginny against the customer arising from the existing business relationship with the customer have been fulfilled.
The goods subject to retention of title ("reserved goods") may not be pledged by the customer, assigned as security or otherwise encumbered with the rights of third parties. The customer is only entitled to resell the goods to third parties and to combine the reserved goods with other movable items within the scope of his proper business operations.
The customer must ensure that Die Pfanzerei's retention of title remains in place wherever possible. He hereby assigns the purchase price claim from the resale of the reserved goods to his customers in full or in the amount of the amount attributable to the co-ownership share to Pepper & Ginny. Pepper & Ginny hereby accepts this assignment. The customer is revocably authorized to collect the assigned claims. Pepper & Ginny reserves the right to revoke this authorization and the right to resell and to collect the claims itself as soon as the customer does not properly meet his payment obligations and falls into arrears. In this case, the customer must name his customers at Pepper & Ginny's request and hand over all documents necessary to enforce the assigned claims to Pepper & Ginny. The customer is obliged to insure the reserved goods against the usual risks such as fire, water and theft at his own expense. If the customer fails to comply with the insurance obligation despite a reminder from Pepper & Ginny, Pepper & Ginny can take out insurance at the customer's expense, pay the insurance premium and collect it as part of the claim under the contract. The customer hereby assigns to Pepper & Ginny all of its claims against the insurer or the person causing the damage in the event of an insurance claim with priority. Pepper & Ginny hereby accepts this assignment. If Pepper & Ginny withdraws from the contract due to the customer's breach of contract, in particular due to late payment, Pepper & Ginny is entitled, without prejudice to other rights, to demand the return of the reserved goods and the customer must grant Pepper & Ginny access to the reserved goods and return the reserved goods, excluding any right of retention. The customer shall bear all costs incurred in returning the goods. If the realizable value of the securities exceeds the total claims of Pepper & Ginny to be secured by more than 10%, the customer is entitled to demand release to this extent.

X. LIMITATION OF LIABILITY
In the case of slightly negligent breaches of duty, Pepper & Ginny's liability for its own fault and the fault of its vicarious agents and legal representatives is limited to the foreseeable damage typical of the contract. Pepper & Ginny is not liable for slightly negligent breaches of non-essential duties arising from the contractual relationship.
The above limitations of liability according to section 1 do not apply to Pepper & Ginny's liability under the Product Liability Act or other mandatory statutory liabilities. Furthermore, the limitations of liability do not apply to bodily injuries caused negligently. Pepper & Ginny accepts no liability whatsoever for materials, order components, shipping instructions, processing instructions and the like provided by the customer, unless expressly agreed otherwise in writing. Pepper & Ginny is not obliged to check these for compliance with statutory standards in the sense of the Product Liability Act and/or the law. In these cases, the customer is liable without limitation and fully indemnifies Pepper & Ginny from all claims by third parties.

XII. INDUSTRIAL PROPERTY RIGHTS
The purchaser acknowledges that all trademarks used to identify Die Pfanzerei's goods are the sole property of Pepper & Ginny. The purchaser has no claim or right to use these trademarks indefinitely.
For the purpose of properly labeling Pepper & Ginny's goods, the customer is granted a non-exclusive right to use the brands mentioned in section 1. The use of the brands to this extent does not give the customer the right to continue using them after the contractual relationship with Pepper & Ginny has ended. After the delivery relationship with Pepper & Ginny has ended and all existing and delivered goods have been sold to the customer, the customer will immediately stop using the Pepper & Ginny brands. The customer will not do anything that would call into question Die Pfanzerei's trademark rights and in particular will not attack their legal validity or assist third parties in doing so.

XII. GENERAL PROVISIONS
Changes and additions to the contract and/or these terms and conditions as well as ancillary agreements must be made in writing. This also applies to any amendment to this written form requirement. There are no oral agreements. These terms and conditions and the entire contractual relationship between Pepper & Ginny and the customer are subject to the law of the Republic of Austria, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship between the parties is the competent court at the registered office of Pepper & Ginny. However, Pepper & Ginny is entitled, at its own discretion, to sue the customer at any other legal place of jurisdiction. Should a provision of these terms and conditions, including the requirements for the sale of Pepper & Ginny products and the guidelines for the sale of Pepper & Ginny products over the Internet and/or the contract, be or become invalid in whole or in part, this shall not affect the validity of all other provisions. In this case, Pepper & Ginny, together with the customer, will replace the invalid provision with a valid one that comes closest to the economic purpose of the invalid provision.