Privacy-policy

Privacy policy

Data protection declaration

The party responsible for data processing is

AJJ Brands GmbH

Schedlerstraße 1

6900 Bregenz

Austria

hello@volim-tea.com

Thank you for your interest in our online shop. The protection of your privacy is very important to us. Below you will find detailed information on how we handle your data.

Access data and hosting

You can visit our website without providing any personal data. Each time a website is accessed, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of access, the amount of data transferred and the requesting provider (access data) and documents the access.

This access data is analysed exclusively for the purpose of ensuring trouble-free operation of the site and improving our offer. In accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, this serves to safeguard our legitimate interests in the correct presentation of our website, which are overriding in the context of a balancing of interests. All access data will be deleted no later than seven days after the end of your visit to the site.

Hosting services by a third-party provider

As part of processing on our behalf (Art. 28 GDPR), a third-party provider provides us with services for hosting your personal data, including our online shop and for displaying the website.

This third-party provider is based in a country of the European Union or the European Economic Area. We have concluded so-called standard contractual clauses with the third-party provider to ensure an adequate level of data protection. You can request a copy of these standard contractual clauses (with the redaction of trade and business secrets requiring confidentiality) from the contact details given above or from our data protection officer.

The commissioning of the third-party provider serves to safeguard our overriding legitimate interests in the correct presentation and efficient hosting of our offer in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR.

All data collected as part of the use of this website or in the forms provided for this purpose in the online shop as described below are processed on the servers of a third-party provider based within the EU. The data itself is stored on servers in Germany. Processing on other servers does not take place unless expressly stated otherwise elsewhere in this data protection information.

Data collection and use for contract processing and creation of a customer account

We collect personal data if you voluntarily provide it to us as part of your order or when contacting us (e.g. via contact form or email). Mandatory fields are labelled as such, as in these cases we require the data to process the contract or to process your contact and you cannot send the order or make contact without providing it. Which data is collected can be seen from the respective input forms. We use the data provided by you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR for contract processing and processing your enquiries.

If you have given your consent to this in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR by deciding to open a customer account, we will use your data for the purpose of opening a customer account. Your personal data is processed as part of the customer account for the following purposes: With the customer account, you can, among other things, manage various shipping addresses, track the shipment of your order, retrieve your order history, create reviews for products, create wish lists and receive exclusive offers.

After completion of the contract or deletion of your customer account, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law (usually 10 years), unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration. Deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described below or via a function provided for this purpose in the customer account.

Forwarding of data

In order to fulfil the contract in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR, we pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. Depending on which payment service provider you select in the ordering process, we will pass on the payment data collected for the processing of payments to the credit institution commissioned with the payment and, if applicable, to the payment service provider commissioned by us or to the selected payment service. In some cases, the selected payment service providers also collect this data themselves if you create an account with them. In this case, you must log in to the payment service provider with your access data during the ordering process. In this respect, the privacy policy of the respective payment service provider applies.

The same applies to the transfer of data to our manufacturers or wholesalers in cases where they handle the dispatch for us (drop shipping).

Data transfer to shipping service providers

If you have given us your express consent to this during or after your order, we will pass on your e-mail address and telephone number to the selected shipping service provider in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR so that they can contact you before delivery for the purpose of delivery notification or coordination.

You can revoke your consent at any time by sending a message to the contact option described below. After revocation, we will delete the data you have provided for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

E-mail newsletter

E-mail advertising with registration for the newsletter

If you subscribe to our newsletter, we will use the data required for this or separately provided by you to regularly send you our e-mail newsletter based on your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.

Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your e-mail address unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

The newsletter is sent as part of processing on our behalf by a service provider to whom we pass on your email address for this purpose.

This service provider is based in the USA and is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has established an adequate level of data protection for companies certified under the Privacy Shield.

Cookies and web analytics

We use cookies on various pages to make visiting our website attractive and to enable the use of certain functions, to display suitable products or for market research. This serves to safeguard our legitimate interests, which predominate in the context of a weighing up of interests, in an optimised presentation of our offer in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR. Cookies are small text files that are automatically stored on your end device. Some of the cookies we use are deleted again at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognise your browser on your next visit (persistent cookies). The duration of storage can be found in the overview in the cookie settings of your web browser. You can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. These can be found for the respective browsers under the following links

Internet Explorer™: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies

Safari™: https://support.apple.com/kb/ph21411?locale=de_DE

Chrome™: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en

Firefox™ https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

Opera™ : https://help.opera.com/de/latest/web-preferences/#cookies

If cookies are not accepted, the functionality of our website may be limited.

Use of Google (Universal) Analytics for web analysis

This website uses Google (Universal) Analytics, a web analytics service provided by Google LLC (www.google.de), to analyse websites. This serves to safeguard our legitimate interests, which predominate in the context of a weighing of interests, in an optimised presentation of our offer in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR. Google (Universal) Analytics uses methods that enable your use of the website to be analysed, such as cookies. The automatically collected information about your use of this website is usually transmitted to a Google server in the USA and stored there. By activating IP anonymisation on this website, the IP address is shortened before transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. The anonymised IP address transmitted by your browser as part of Google Analytics is not merged with other Google data. The data collected in this context will be deleted after the end of the purpose and use of Google Analytics by us.

Google LLC is headquartered in the USA and is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has established an adequate level of data protection for companies certified under the Privacy Shield.

You can prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de

As an alternative to the browser plugin, you can click this link to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie will be stored on your end device. If you delete your cookies, you must click the link again.

You can also prevent the setting of cookies by selecting the appropriate settings in your browser software. We would like to point out that in this case you may not be able to use all the functions of our website to their full extent.

Online Marketing

Google AdWords Remarketing

We use Google AdWords to advertise this website in Google search results and on third-party websites. For this purpose, the so-called remarketing cookie is set by Google when you visit our website, which automatically enables interest-based advertising by means of a pseudonymous cookie ID and on the basis of the pages you visit. This serves to safeguard our legitimate interests, which predominate in the context of a balancing of interests, in the optimal marketing of our website in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. After the end of the purpose and the end of the use of Google AdWords Remarketing by us, the data collected in this context will be deleted.

Any further data processing will only take place if you have consented to Google linking your web and app browsing history to your Google account and using information from your Google account to personalise ads that you see on the web. In this case, if you are logged in to Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. For this purpose, Google temporarily links your personal data with Google Analytics data to create target groups.

Google AdWords Remarketing is an offer from Google LLC (www.google.de).

Google LLC is headquartered in the USA and is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has established an adequate level of data protection for companies certified under the Privacy Shield.

You can obtain information from the Digital Advertising Alliance about the setting of cookies and make settings for this. You can also prevent the setting of cookies by selecting the appropriate settings in your browser software. We would like to point out that in this case you may not be able to use all the functions of our website to their full extent.

Google Maps

This website uses Google Maps to visually display geographical information Google Maps is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter: Google). This serves to safeguard our legitimate interests, which predominate in the context of a balancing of interests, in an optimised presentation of our offer and easy accessibility of our locations in accordance with Art. 6 para. 1 lit. f) GDPR.

When Google Maps is used, Google transmits and processes data about the use of the Maps functions by website visitors, which may include in particular the IP address and location data. We have no influence on this data processing.

Google is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has established an appropriate level of data protection for companies certified under the Privacy Shield.

To deactivate the Google Maps service and thus prevent the transfer of data to Google, you must deactivate the Java Script function in your browser. In this case, Google Maps cannot be used or can only be used to a limited extent.

Further information about data processing by Google can be found in Google's privacy policy. The terms of use for Google Maps contain detailed information about the map service.

Google reCAPTCHA

To protect against misuse of our web forms and spam, we use the Google reCAPTCHA service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter: Google) in some forms on this website. By checking manual input, this service prevents automated software (so-called bots) from carrying out abusive activities on the website. In accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, this serves to protect our legitimate interests in protecting our website from misuse and in a trouble-free presentation of our online presence, which predominate in the context of a balancing of interests.

Google reCAPTCHA uses a code embedded in the website, a so-called JavaScript, as part of the verification methods that enable your use of the website to be analysed, such as cookies. The automatically collected information about your use of this website, including your IP address, is usually transmitted to a Google server in the USA and stored there. In addition, other cookies stored in your browser by Google services are analysed by Google reCAPTCHA.

No personal data is read or saved from the input fields of the respective form.

Google is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has established an adequate level of data protection for companies certified under the Privacy Shield.

You can prevent Google from collecting the data generated by the JavaScript or cookie and relating to your use of the website (including your IP address) and from processing this data by Google by preventing the execution of JavaScripts or the setting of cookies in your browser settings. Please note that this may restrict the functionality of our website for your use.

Further information on Google's data protection policy can be found here.

Google Fonts

The script code "Google Fonts" of the company Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter: Google) is integrated on this website. This serves to safeguard our legitimate interests, which predominate in the context of a balancing of interests, in a uniform presentation of the content on our website in accordance with Art. 6 para. 1 lit. f) GDPR.

In this context, a connection is established between the browser you are using and Google's servers. This informs Google that our website has been accessed via your IP address.

Google is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has established an appropriate level of data protection for companies certified under the Privacy Shield.

Further information about data processing by Google can be found in Google's privacy policy.

Social media plugins

Use of social plugins from Google, Instagram, Tiktok

Social plugins ("plugins") from social networks are used on our website.

When you access a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Google, Tiktok or Instagram. The content of the plugin is transmitted directly to your browser by the respective provider and integrated into the page. By integrating the plugins, the providers receive the information that your browser has accessed the corresponding page of our website, even if you do not have a profile or are not currently logged in. This information (including your IP address) is transmitted directly from your browser to a server of the respective provider (possibly in the USA) and stored there. If you are logged in to one of the services, the providers can directly associate your visit to our website with your profile in the respective social network. If you interact with the plugins, for example by clicking the "Like" or "Share" button, the corresponding information is also transmitted directly to a server of the provider and stored there. The information is also published on the social network and displayed to your contacts there. This serves to safeguard our legitimate interests, which predominate in the context of a balancing of interests, in the optimal marketing of our offer in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR.

The purpose and scope of the data collection and the further processing and use of the data by the providers as well as a contact option and your rights and setting options in this regard to protect your privacy can be found in the providers' data protection notices.

https://www.tiktok.com/legal/page/eea/privacy-policy/de

https://developers.google.com/+/web/buttons-policy

https://help.instagram.com/155833707900388

If you do not want the social networks to assign the data collected via our website directly to your profile in the respective service, you must log out of the respective service before visiting our website. You can also completely prevent the plugins from loading with add-ons for your browser, e.g. with the script blocker "NoScript" (https://noscript.net/).

YouTube video plugins

Third-party content is integrated on this website. This content is provided by Google LLC ("Provider").

YouTube is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").

The extended data protection setting is activated for videos from YouTube that are integrated on our site. This means that no information from website visitors is collected and stored by YouTube unless they play the video. The integration of the videos serves to safeguard our legitimate interests, which predominate in the context of a balancing of interests, in the optimal marketing of our offer in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR.

The purpose and scope of the data collection and the further processing and use of the data by the providers as well as your rights in this regard and setting options to protect your privacy can be found in Google's data protection information https://developers.google.com/+/web/buttons-policy.

Our online presence on Google, Tikotk, Instagram

Our presence on social networks and platforms serves to improve active communication with our customers and interested parties. We use them to provide information about our products and current special offers.

When you visit our online presence on social media, your data may be automatically collected and stored for market research and advertising purposes. This data is used to create so-called user profiles using pseudonyms. These can be used, for example, to place adverts within and outside the platforms that presumably correspond to your interests. Cookies are usually placed on your end device for this purpose. The visitor behaviour and interests of the users are stored in these cookies. This serves in accordance with Art. 6 para. 1 lit. f. GDPR to safeguard our legitimate interests in an optimised presentation of our offer and effective communication with customers and interested parties, which predominate in the context of a balancing of interests. If you are asked by the respective social media platform operators for consent (agreement) to data processing, e.g. with the help of a checkbox, the legal basis for data processing is Art. 6 para. 1 lit. a GDPR.

If the aforementioned social media platforms are headquartered in the USA, the following applies: The European Commission has issued an adequacy decision for the USA. This is based on the EU-US Privacy Shield. A current certificate for the respective company can be viewed here.

For detailed information on the processing and use of data by the providers on their websites as well as a contact option and your rights in this regard and setting options to protect your privacy, in particular opt-out options, please refer to the providers' data protection notices linked below. If you still need help in this regard, you can contact us.

Data processing is carried out on the basis of an agreement between jointly responsible parties in accordance with Art. 26 GDPR, which you can view here:

https://www.facebook.com/legal/terms/page_controller_addendum

Google/ YouTube: https://policies.google.com/privacy

Twitter: https://twitter.com/de/privacy

Instagram: https://help.instagram.com/519522125107875

Pinterest: https://about.pinterest.com/de/privacy-policy

https://www.tiktok.com/legal/page/eea/privacy-policy/de

Possibility of objection (opt-out):

Facebook: https://www.facebook.com/settings?tab=ads

Google/ YouTube: https://adssettings.google.com/authenticated

Twitter: https://twitter.com/personalization

Instagram: https://help.instagram.com/519522125107875

Pinterest: https://www.pinterest.de/?next=/settings/

https://www.tiktok.com/legal/page/eea/privacy-policy/de

Contact options and your rights

As a data subject, you have the following rights

in accordance with Art. 15 GDPR, the right to request information about your personal data processed by us to the extent specified therein

in accordance with Art. 16 GDPR, the right to demand the immediate rectification of incorrect or incomplete personal data stored by us

in accordance with Art. 17 GDPR, the right to request the erasure of your personal data stored by us, unless further processing is necessary

  • to exercise the right to freedom of expression and information
  • for the fulfilment of a legal obligation;
  • for reasons of public interest or
  • for the establishment, exercise or defence of legal claims

is necessary;

in accordance with Art. 18 GDPR, the right to request the restriction of the processing of your personal data, insofar as

  • the accuracy of the data is disputed by you
  • the processing is unlawful, but you oppose the erasure of the data
  • we no longer need the data, but you need it for the establishment, exercise or defence of legal claims; or
  • you have objected to processing pursuant to Art. 21 GDPR;

in accordance with Art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller

in accordance with Art. 77 GDPR, the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters.

If you have any questions regarding the collection, processing or use of your personal data, information, correction, restriction or deletion of data and revocation of any consent given or objection to a specific use of data, please contact our company data protection officer.

AJJ Brands GmbH

Schedlerstraße 1

6900 Bregenz

Austria

hello@volim-tea.com

Right to object

If we process personal data as described above in order to safeguard our legitimate interests, which outweigh your interests, you can object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing is carried out for other purposes, you only have the right to object if there are grounds relating to your particular situation.

After exercising your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the establishment, exercise or defence of legal claims. This does not apply if the processing is for direct marketing purposes. In this case, we will no longer process your personal data for this purpose.

 

 

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:

  1. a) suspend the fulfillment of their own obligations until the outstanding payments or other services have been performed;
  2. 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;
  3. c) charge default interest of 5% above the base interest rate of the Austrian National Bank, at least 8% per year, and/or
  4. 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 The provisions of point 7. (Right of Withdrawal) apply exclusively to customers who are consumers at the time of contract conclusion and do not apply to entrepreneurs.

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.

 

 

Imprint

AJJ Brands GmbH

Schedlerstraße 1

6900 Bregenz

Österreich

Company register: FN 589246p

VAT Number: ATU78609445