General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Widerrufsrecht & Geld-zurück-Garantie
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution

1) Geltungsbereich

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of WIR Nordwälder GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller with regard to the goods 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.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Vertragsschluss

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to invite the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer for the goods contained in the shopping cart by clicking the button that completes the order process.

2.3 The Seller can 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 email), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting the Customer to make payment after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the moment when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the specified period, this is considered a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the order has been placed. The Seller does not provide any further access to the contract text beyond this.

2.5 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better detecting input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.6 The German or English language is available for the conclusion of the contract. Other languages are provided solely to improve the understanding of the website and the seller's offer.

2.7 The order processing and communication generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Seller can be received at that address. In particular, the Customer must ensure that any spam filters used allow all emails sent by the Seller or third parties commissioned by the Seller for order processing to be delivered.

3) Widerrufsrecht

3.1 Consumers generally have the right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

3.3Regardless of the statutory right of withdrawal, the seller grants a voluntary 14-day money-back guarantee on the pond treatment offered by the seller. The period begins on the day the goods are delivered to the customer by the shipping service provider.

The guarantee can be claimed if the following conditions are met:

• The customer has carried out the pond treatment completely and properly within the 14-day period in accordance with the instructions enclosed with the package,

• and the application has demonstrably led to a deterioration in water quality or an increased occurrence of algae in the pond.

The proof must be provided by meaningful before-and-after photos that document the condition of the pond water immediately before and up to 14 days after the application. This evidence must be submitted to the seller in writing or by email together with the refund request.

If the conditions are met, the seller will refund the full purchase price within 14 days after reviewing the documentation, using the same payment method the customer used for the order. A return of the product is not required.

This voluntary guarantee does not affect the customer's statutory rights, in particular the legal right of withdrawal and warranty rights.

4) Preise und Zahlungsbedingungen

4.1 Unless otherwise stated in the Seller's product description, the prices listed are total prices that include the statutory value-added tax. Any additional delivery and shipping costs, if applicable, are specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered through the "Stripe" payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Stripe are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use additional payment services, for which special payment conditions may apply, and the Customer will be informed of these separately, if necessary. Further information about Stripe is available online at: https://stripe.com/de.

5) Liefer- und Versandbedingungen

5.1 If the Seller offers the shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the initial delivery if the Customer effectively exercises their right of withdrawal. For return costs, the provisions set out in the Seller's cancellation policy apply when the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or a person authorized to receive them. However, in deviation from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even when acting as a consumer, as soon as the Seller delivers the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder, or such designated person or institution to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and if the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay, and any payments already made will be promptly refunded.

5.5 Self-collection is not possible for logistical reasons.

6) Eigentumsvorbehalt

If the Seller makes an advance delivery, they retain ownership of the delivered goods until the full payment of the purchase price owed has been made.

7) Mängelhaftung (Gewährleistung)

Unless otherwise specified in the following provisions, the regulations of statutory liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the right to choose the type of supplementary performance;
• the limitation period for defects in new goods is one year from the delivery of the goods;
• rights and claims for defects are excluded for used goods;
• the limitation period does not restart if a replacement delivery is made under liability for defects.

7.2 The liability limitations and shortening of periods regulated above do not apply

• for claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• for goods that have been used in accordance with their usual purpose in a building and have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery service and inform the Seller. Failure to comply with this request has no impact on the Customer's statutory or contractual claims for defects.

8) Haftung

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is fully liable on any legal basis

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• based on a warranty promise, unless otherwise regulated in this regard,
• based on mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies as specified in the preceding section. Essential contractual obligations are obligations that the contract imposes on the Seller to achieve the purpose of the contract, whose fulfillment is necessary for the proper execution of the contract, and on which the Customer may regularly rely.

8.3 Otherwise, the Seller's liability is excluded.

8.4 The aforementioned liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Einlösung von Aktionsgutscheinen

Gutscheine, die vom Verkäufer im Rahmen von Werbeaktionen mit einer bestimmten Gültigkeitsdauer unentgeltlich ausgegeben werden und die vom Kunden nicht käuflich erworben werden können (nachfolgend „Aktionsgutscheine“), können nur im Online-Shop des Verkäufers und nur im angegebenen Zeitraum eingelöst werden. Einzelne Produkte können von der Gutscheinaktion ausgeschlossen sein, sofern sich eine entsprechende Einschränkung aus dem Inhalt des Aktionsgutscheins ergibt. Aktionsgutscheine können nur vor Abschluss des Bestellvorgangs eingelöst werden. Eine nachträgliche Verrechnung ist nicht möglich.

Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period. Certain products may be excluded from the voucher promotion if a corresponding restriction is specified in the promotional voucher. Promotional vouchers can only be redeemed before the completion of the order process. Retroactive crediting is not possible.

Only one promotional voucher can be redeemed per order. The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10) Anwendbares Recht

The balance of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher is not refunded if the Customer returns goods paid for wholly or partially with the promotional voucher under their statutory right of withdrawal. The promotional voucher is transferable. The Seller can perform with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller is aware of or grossly negligently unaware of the holder’s lack of authorization, legal incapacity, or lack of representation authority.

11) Gerichtsstand

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with a registered office within the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer’s registered office is outside the territory of the Republic of Austria, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims from the contract can be attributed to the Customer’s professional or commercial activity. However, in the aforementioned cases, the Seller is always entitled to bring an action before the court at the Customer’s registered office.

12) Alternative Streitbeilegung

12.1 The EU Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.