Terms of service

General information

The following terms and conditions apply to all deliveries and services to consumers as well as entrepreneurs.

The minimum age is 18 years to be able to conclude legally effective transactions with us.

Please consider the legal situation in your country! All products may only be used within the framework of the laws applicable to you. By accepting these terms and conditions, you agree to indemnify and hold us harmless for any violations on your part. We strictly reject any responsibility for misuse of our products!

Orders

Our offer is directed exclusively to customers with domicile or habitual residence in the EEA.

Our offer of goods is non-binding, the prospective buyer makes a binding purchase offer with his order. This purchase offer is automatically accepted, unless we reject it within five working days by e-mail. The rejection of the offer is sent to the e-mail address provided by the buyer.

We expressly reserve the right not to accept purchase offers based on obviously incorrect price information or due to lack of availability of the ordered goods and/or to make the prospective buyer a corresponding counter-offer with the correct price or similar goods.

Delivery

Deliveries are made within 10 working days depending on the availability of the ordered goods. We always pack our online orders safely, neatly and pay attention to discreet packaging. The customer undertakes to look out for obvious and/or apparent transport damage. An accepted package with apparent or obvious transport damage cannot be returned.

Validity of prices

The prices are in Euro including the legal sales tax excluding shipping costs, customs duties or similar costs.

Errors and changes are reserved.

All offers and promotions in advertising materials and in the online store are valid only while stocks last and are valid until revoked.

Shipping costs

The shipping costs are shown in the information under the link "Shipping" (https://mr-smart.at/de/content/1-versand).

Offsetting

If it is an entrepreneur transaction, a set-off against our claims with counterclaims of any kind is excluded.

Payment methods

In principle, you have the option to pay in advance. We expressly reserve the right to ship goods only after receipt of payment.

In addition, there is the possibility to pay by "cash on delivery", "Bitpay" or "EPS".

If no method of payment has been negotiated, the customer undertakes to pay the purchase price in full upon conclusion of the contract. The delivery of the goods takes place only after receipt of the amount in our bank account or in our cash desk.

Default of payment

Even if the contractual partner is not responsible for the delay in payment, we are entitled to charge interest on arrears in the amount of 10% p.a.; this does not affect claims for compensation for proven higher interest in the event of a delay in payment for cases where the contractual partner is responsible for the delay.

In addition, for each reminder sent, expenses in the amount of EUR 10,-- per reminder will be charged and are due immediately.

Warranty and guarantee

For consumers, the provisions on the legal warranty apply. The warranty period for the delivery of movable goods is 2 years from the date of acceptance of the goods.

Complaints based on legal warranty claims or other complaints can be made under the contact details listed in the imprint.

The warranty period for entrepreneurs is 6 months from handover of the subject of the contract.

Entrepreneurs must immediately inspect the goods purchased from us for defects and condition upon delivery or receipt. The discovery of defects must be reported to us by the entrepreneur in writing within 14 days, otherwise the warranty claim with regard to these defects expires. We reserve the right to first improve and then exchange goods that are the subject of a complaint. If this is not possible within a reasonable period of time, there is the possibility to revoke the purchase contract or to demand a price reduction. §924 ABGB does not apply to entrepreneurs transactions. The existence of the defect at the time of transfer is to be proven by the entrepreneur. We shall be liable for consequential damages only if we are guilty of intent or gross negligence. We are not liable in any case for damage caused by inadequate storage of the products on the part of the entrepreneur.

As a matter of principle, no guarantees shall be assumed and shall expressly require an individual written agreement. The detailed conditions of any manufacturer's guarantee can be found, if applicable, with the respective goods.

Transfer of risk

In the case of an entrepreneur transaction, the risk is transferred to the buyer when the goods are handed over to the carrier.

Retention of title

The object of purchase or the goods remain our property until we receive the full payment of the purchase price, all associated costs and expenses. In case of even partial default of payment, we are entitled to collect the goods in a reasonable manner, even without the consent of the buyer at his expense. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.

Place of jurisdiction

The place of jurisdiction and performance for all parties involved is Klagenfurt.

The validity of the consumer courts remains unaffected.

Applicable law

For all legal transactions, the application of Austrian law is agreed to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Contractual language

The contractual language is German. Only the German version of this terms of service shall be legally binding, the English translation serves information purpose only.

Severability clause

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. Instead of the ineffective provision, the legally permissible provision that comes closest in economic terms to the meaning and purpose expressed in the ineffective provision shall apply. The same shall apply in the event of a loophole in these Terms and Conditions.

Right of withdrawal policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods;

In order to exercise your right of withdrawal, you must

Mr. Smart - Klagenfurt

Siebenhügelstraße 15

9020 Klagenfurt

0463 890206

Mr Smart - Villach

Maria-Gailer-Strasse 2

9500 Villach

04242 31 464

office@mr-smart.at

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached model revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the revocation period.

Consequences of using the right of withdrawal

If you revoke this agreement, we shall refund to you all payments we have received from you, including delivery charges (except for any additional costs resulting from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notification of your revocation of this agreement. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement.

This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

You must pay the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

Exceptions to the right of withdrawal

Living products, such as seeds, if the packaging or seal has been damaged or opened, or clones, are excluded from the right of withdrawal.

Likewise, there is no right of withdrawal for goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Excluded from the right of withdrawal are groceries and goods that are unsuitable for return for reasons of hygiene or health protection.

For goods that can spoil quickly or whose expiration date would be quickly exceeded, there is no right of withdrawal.

Sealed goods that have been opened by the customer are also excluded from the right of withdrawal.

With the express consent of the customer, the use of our germination service means that we start to germinate even before the expiry of the right of withdrawal and the customer loses his right of withdrawal in accordance with § 18 (1) Z 1  FAGG.

(Status: December 2020)