Terms of service

General information

The following terms and conditions apply to all sales in local stores or online stores to consumers and entrepreneurs.

The minimum age is 18 years, in order to be able to conclude business with us locally or in the online store.

Please consider the legal situation in your country! All products may only be used within the limits of the laws applicable to you. By accepting these terms and conditions you confirm that you will indemnify us for any infringements on your part. We strictly reject any responsibility for misuse of our products!

Orders

Our offer of goods is not binding, the buyer makes a binding purchase offer with his order. This purchase offer is automatically accepted unless we reject it by e-mail within five working days. 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. We will offer the purchaser a corresponding counter offer with the correct price or a similar product.

Delivery

Deliveries are made within 2 to 10 working days, depending on the availability of the ordered goods.We always pack your online orders securely, reliably and pay attention to discrete packaging.  The customer is obliged to pay attention to obvious and/or visible transport damages. An accepted package with obvious or obvious transport damages cannot be taken back.

Validity of the 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 actions in advertising material and in the online shop are only valid while the goods are in stock and are valid until revoked.

Offsetting

If it is not a consumer business, a set-off against our claims with counterclaims of whatever kind is not permitted.

Shipping costs

The shipping costs can be seen in the information under the link "Shipping".

Payment methods

Basically you have the possibility to pay by cash in advance. We expressly reserve the right to dispatch goods only after receipt of payment.

Furthermore, there is the possibility to pay by "cash on delivery" (only in Austria) or "Bitpay".

Default of payment

In the event of a default in payment for which the purchaser is responsible, we are entitled to charge interest on arrears at a rate of 1.55% per month (18.6% p.a.) on a current account basis. This results in an effective interest rate of 20.27 % p.a.

In addition, for each dunning letter sent, charges of EUR 10,-- per reminder will be invoiced and are payable immediately.

Warranty and guarantee

The legal regulations of the warranty are to be used for consumers accordingly. On handover or arrival of the goods purchased from us, the customer must check them immediately for defects and condition. The discovery of defects must be reported to us in writing within 14 days, otherwise the warranty claim with regard to these defects expires. The customer must prove the date of purchase by providing a receipt. We reserve the right to improve first the complained good and then replace the goods. If this is not possible within a reasonable period of time, there is the possibility to change the purchase contract or to request a price reduction. 

The warranty is excluded for purchase contracts concluded between entrepreneurs, if this is not possible, it is limited to the minimum period applicable under the relevant regulations.

Guarantees are generally not given and require an individual written agreement.

Risk assumption

The risk is transferred to the buyer with the dispatch of the goods.

Retention of title

The object of purchase or the goods shall remain our property until the purchase price and all associated costs and expenses have been fully paid.

In the event of even partial default of payment, we are entitled to collect the goods at the buyer's expense and in a reasonable manner, even without the buyer's consent.

Place of jurisdiction

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

The validity of the consumer jurisdictions remains unaffected. 

Applicable law

For all legal transactions, the application of Austrian law is agreed upon, excluding the UN Sales Convention.

Legally binding nature of the general terms and conditions

Only the German version of the Terms of service is legally binding. In the event of a legal dispute, the German version of the Terms of service will be used.

Severability Clause

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the contract as a whole shall remain unaffected.

The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic purpose of the invalid or unenforceable provision, which the parties to the contract have agreed to in writing.

 

Cancellation policy

Right of revocation

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 revocation before the end of the revocation period.

Consequences of revocation

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 revocation are foodstuffs and goods that are unsuitable for return for reasons of hygiene or health protection.

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

(Status: June 2020)