Terms of service

General Terms and Conditions

As of March 2024

1 Scope

1.1 The following General Terms and Conditions apply to all transactions between "AJJ Brands GmbH" (hereinafter referred to as AJJ) and their customers in the version current at the time of the contract's conclusion. Consumers, in the sense of the Consumer Protection Act (KSchG), are customers who are not entrepreneurs. Hereinafter, the terms "consumer" and "entrepreneur" are used exclusively in the sense of the KSchG.

1.2 Conditions deviating from these General Terms and Conditions are not recognized by AJJ and will not become part of the contract unless AJJ has agreed to the deviating conditions in writing.

2 References and Links

2.1 References and links to external pages are only signposts. AJJ does not identify with the content of external pages to which reference is made or which are linked. If unlawful content is recognized on a linked page, AJJ asks for notification. Subsequently, the link will be checked and deleted if necessary. Linking to AJJ’s website is only allowed with explicit written consent from AJJ.

3 Conclusion of Contract

3.1 The contracting parties are the customer and AJJ Brands GmbH, Schedlerstraße 1, 6900 Bregenz, Austria.

3.2 The offers on AJJ’s website are non-binding offers to the customer to order these goods. By ordering goods, the customer makes a legally binding offer to purchase these goods. The order can be made by filling out and sending the online form on the internet, by email, by phone, or by mail. The customer's offer becomes effective as soon as it is received by AJJ. The customer's order is confirmed by an order confirmation sent by email, which also includes all order data.

3.3 AJJ may accept an offer to purchase goods within 7 working days of receipt. After the lapse of the period without use, an offer is considered rejected. Acceptance occurs by sending a confirmation of order or by shipping the goods. Confirmations of order may also be sent by email.

4 Prices, Payment, Delivery, and Retention of Title

4.1 Prices valid at the time of contract conclusion on AJJ’s website apply. All prices are in Euro (EUR) including statutory value-added tax. Unless otherwise agreed, shipping costs will be charged to the customer additionally. The place of performance for payment is AJJ’s office. The purchase price must be paid within 14 days from the invoice date without any deductions.

4.2 If the customer is in arrears with payment or other services, AJJ can choose to:

a) suspend the fulfillment of their own obligations until the outstanding payments or other services have been performed;
b) demand the entire or remaining purchase price to be paid immediately (loss of term); this also applies if installment payment was agreed with the consumer, provided that AJJ has already rendered their services, at least one overdue service of the consumer has been due for at least 6 weeks, and AJJ has unsuccessfully reminded the consumer of the loss of term with a grace period of at least 14 days, whereby the immediately due installments are to be reduced considering a discount for the interest corresponding to the remaining term;
c) charge default interest of 5% above the base interest rate of the Austrian National Bank, at least 8% per year, and/or
d) withdraw from the contract after a reasonable grace period and claim from the customer the arising reminder and collection expenses, as far as they are necessary for appropriate legal prosecution and are in a reasonable relationship to the claim pursued, in addition to any further damage regardless of fault due to late payment.

4.3 If prices have been agreed and the costs on which these prices are based change, AJJ is entitled to adjust the prices according to the change in costs, provided the customer is an entrepreneur.

4.4 For deliveries outside Austria, additional duties and/or charges may apply, including possible import or export duties and possible excise taxes, which can lead to a change in the offered gross prices. Such duties and/or charges are to be borne by the customer in the respective statutory amount. Deliveries outside Austria can also only take place if there are no legal or disproportionate logistical obstacles to the delivery.

4.5 AJJ only accepts the payment methods indicated during the ordering process (currently payment by credit card/instant transfer/PayPal).

4.6 If delivery occurs at a later point due to a circumstance on the part of the customer, AJJ is entitled to offset the resulting additional costs through correspondingly higher prices. This does not affect the right to compensation for any other damage incurred.

4.7 Until full payment is made, the goods remain the property of AJJ.

5 Consumer's Right of Withdrawal

5.1 The statutory right of withdrawal for consumers does not apply to goods that, unless otherwise stated below,

– are made according to customer specifications,

– are clearly tailored to the personal needs of the customer,

– are not suitable for return due to their nature,

– could spoil quickly or whose expiration date would be exceeded.

5.2 In all other cases, the customer has the right to withdraw from a contract concluded via the online shop within a period of 14 working days, starting from the receipt of the goods by the customer.

5.3 The withdrawal is considered communicated as long as it is made within this period either by email or mail at: Email: hello@volim-tea.com Address: AJJ Brands GmbH, Schedlerstraße 1, 6900 Bregenz

5.4 In the event of exercising the right of withdrawal, the customer is obliged to return the goods affected by the withdrawal at their own expense to "AJJ Brands GmbH". The goods must be sent to the following address: AJJ Brands GmbH, Schedlerstraße 1, 6900 Bregenz.

5.5 Returns

The products can be tried on, but should be returned to us in a new condition (for example, not worn for a long time). For a return, we charge a flat shipping fee of €7 from Germany and Austria or €8 from Croatia, which will be deducted from your refund.

If you would like to refund the products, please write us an email: orders@volimtea.com with the reason of withdrawal.

Please note that we no longer process returns that reach us after 14 days from the order date. A refund is excluded in this case.

Returns that are sent to our office address or our warehouse address after 14 days at your own expense cannot be considered. A refund is excluded.

5.6 Incorrectly sent returns

We are not liable for the loss, destruction, depreciation or damage of incorrectly sent returns that are not our products, regardless of the legal basis.

6 Warranty

6.1 Promises, especially regarding the usability or specific properties of the goods, or statements made by employees of AJJ are non-binding and only represent binding assurances if they are made in writing.

6.2 The warranty period corresponds to the minimum shelf life and begins as soon as the goods are offered to the customer at the place of fulfillment.

6.3 The assertion of warranty claims requires that a prompt notice of defect is made to AJJ (visible defects immediately upon takeover, hidden defects immediately upon knowledge) and the defective goods along with the original invoice are presented to AJJ without delay.

6.4 A warranty claim is in any case limited to the purchase price of the delivered and defective goods.

6.5 AJJ is entitled, at their discretion, to correct warranty claims either by exchange, improvement, or conversion of the contract within a reasonable period, whereby the warranty claim is in any case limited to the purchase price of the delivered and defective goods.

6.6 The customer is not entitled to withhold payments due to warranty or other claims of any kind whatsoever.

6.7 For transactions with consumers, the statutory warranty provisions apply instead of points 8.1 to 8.6.

6.8 Commercially usual or minor, technically induced deviations in quality, taste, quantity, color, size, weight, equipment, or design as well as age-appropriate changes regarding the aforementioned properties do not constitute warranty defects or non-fulfillment of the contract. Reordered goods may deviate from previous deliveries/samples regarding the aforementioned properties.

6.9 Any warranty is excluded after tasting, consumption, or begun processing or handling of the goods.

7 Liability and Transfer of Risk

7.1 Claims for damages in cases of slight negligence are excluded. This does not apply to personal injury or damage to items taken over for processing, as well as product liability claims. If the customer is an entrepreneur, liability for mere gross negligence is also excluded, and AJJ is not liable for consequential damages, especially lost profits.

7.2 In the case of self-collection by the customer, use and risk transfer to the customer at the latest upon handover at the cashier.

7.3 For delivery, AJJ– in the absence of special instructions by the customer – determine the type of transport and route of transport as the customer's agent. Upon delivery, use and risk transfer to the customer with the handover of the goods by AJJ to the carrier. Thus, delivery occurs at the customer's expense and risk. If the customer is a consumer, use and risk, however, transfer as soon as the goods are delivered to him or to a third party designated by him, different from the carrier. If, however, the consumer has concluded the transport contract himself without using a choice offered by AJJ, the risk transfers to the carrier upon handing over the goods.

8 Youth Protection

8.1 For all goods for which regulations of the Youth Protection Act prescribe, AJJ only enter into contractual relationships with persons who have reached the legal minimum age. To comply with legal regulations, AJJ is entitled to hand over goods only after identification by an official photo ID. In the case of justified refusal of handover, the customer is obligated to compensate for the actual damage incurred (e.g., delivery costs).

8.2 The customer assures with the order that they have reached the legal minimum age and that their personal details are correct. They are obliged to ensure that only they themselves or adults authorized by them to receive the delivery take possession of the goods.

9 Final Provisions

9.1 AJJ reserves the right to not accept orders that, in their discretion, have an unlawful and/or offensive content, or to reject confirmed offers.

9.2 For all legal transactions and any legal relationships between the customer and "AJJ Brands GmbH", exclusively Austrian law applies, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. For consumers, this applies with the restriction that under the conditions of Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (“Rome I”), special consumer protection provisions of the law of the state in which the consumer has his habitual residence may precede the chosen Austrian law.

9.3 If the customer is an entrepreneur, the court with subject-matter and local jurisdiction for the seat of "AJJ Brands GmbH" is the exclusive venue for all claims related to the business relationship.

9.4 The amendment of these conditions requires, if the customer is an entrepreneur, the written form. Ordering or accepting delivery in any case constitutes recognition of these conditions.

9.5 The customer, if they are an entrepreneur, is not entitled to offset any claims against AJJ with claims of AJJ against the customer. The customer has no rights of retention.

9.6 Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining General Terms and Conditions.

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Terms of service