Terms & Conditions
Deliveries, services and offers of Orbolo GmbH are made exclusively on the basis of these GTCs and are expressly accepted by the customer by using the services of Orbolo GmbH.
2. Essential Characteristics of the Goods
Orbolo GmbH offers varying packs, offers and subscriptions containing various products in the webshop on the Orbolo.com website. It should be noted that these are natural products that are subject to variations in their appearance. Therefore, all product images in the webshop are symbolic images and are expressly subject to change, in particular with regard to the content and packaging of the packs offered.
3. Order and Conclusion of Contract
3.1 The presentation of the goods in the webshop does not constitute a binding offer by Orbolo GmbH to conclude a purchase contract.
3.2 The order is placed in the following steps:
3.3 Selection of the desired packs and sizes.
3.4 Selection of the subscription
3.5 Entering the login data for registration in the webshop (first and last name, address suitable for delivery, e-mail) and entering the delivery address/collection location.
3.6 Confirmation of the ABGs
3.7 Selection of the payment option
3.8 Checking the details in the shopping cart
3.9 Confirmation and order subject to payment
Orders are usually processed and contact made by e-mail, WhatsApp and automated order processing. The customer must therefore ensure that the e-mail address and telephone number provided are correct so that communications sent by Orbolo can be received; this must be ensured in particular when using SPAM filters. By submitting the order in the webshop, the customer submits a binding offer to conclude the purchase contract for the goods contained in the shopping cart and recognizes the pre-contractual information for consumers and these terms and conditions as solely authoritative.
The sending of a confirmation e-mail by Orbolo does not constitute acceptance of the contract offer by Orbolo, but is for information purposes only. The declaration of acceptance of the contract offer is made by delivery of the goods or an express declaration of acceptance.
4. right of withdrawal of the consumer according to § 11 FAGG
4.1 The customer, who is a consumer within the meaning of the Consumer Protection Act, may withdraw from a contract concluded outside the business premises of the company or from a distance selling contract within 14 working days, unless there is a legal exception.
4.2 The withdrawal period is 14 calendar days. In the case of contracts for the delivery of goods, it begins on the day on which the consumer or a third party named by him, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods ordered in a single order and delivered separately, from the day on which the consumer or a third party named by him, who is not the carrier, has taken possession of the last goods. It is sufficient if the consumer has sent the declaration of withdrawal within the deadline.
In order to exercise the right of withdrawal, the customer must inform Orbolo GmH of his decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). In order to maintain the right of withdrawal, it is sufficient that the notification of withdrawal is sent before the expiry of the withdrawal period.
4.3 The right of withdrawal does not apply to goods that are manufactured according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature, that spoil quickly, or whose expiration date has been exceeded.
4.4 If the consumer withdraws from the contract, then step by step
4.4.1. reimburse Orbolo for payments made by the consumer, including delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by the trader) and reimburse the necessary and useful expenses incurred by the consumer for the item, and
4.4.2. the consumer must return the goods received and pay the trader reasonable compensation for their use, including compensation for any associated reduction in their fair market value.
4.4.3. the consumer shall bear the direct costs of returning the goods.
5. Prices and Shipping Costs
The prices are listed for the individual items. Unless expressly stated otherwise, all prices quoted by Orbolo GmbH are inclusive of VAT. The sales prices of Orbolo GmbH are exclusive of shipping.
6. Default of Payment
If the customer is in default of payment, Orbolo GmbH is entitled, at its discretion, to demand compensation for the actual damage incurred or default interest at the statutory rate. This is 4% p.a. for consumers and 9.2% p.a. above the base interest rate for entrepreneurs. Orbolo GmbH is also entitled to demand compound interest in the event of default of payment by the customer from the date of delivery of the goods.
7. Reminder and Collection Charges
In the event of default of payment, the customer undertakes to reimburse Orbolo GmbH for the dunning and collection expenses incurred, insofar as they are necessary for appropriate legal prosecution. For business transactions, this includes a lump sum of € 40.00 as compensation for the collection costs. The assertion of further rights and claims remains unaffected.
8. Default of Acceptance
In the event of default of acceptance or payment by the customer, Orbolo GmbH is released from all further performance and delivery obligations and is entitled to withhold outstanding deliveries or services and to withdraw from the contract.
9. Delivery Area
Deliveries are also possible in particular due to the freshness of the goods in the areas shown in the webshop.
10. Duration of the Contract:
The supply contract is concluded for an indefinite period and can be terminated in writing by either party subject to a notice period of three working days.
11. Defects and Compensation
The customer must ensure that the goods are stored or kept appropriately from the time they are handed over at the agreed place of delivery.
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. The provisions on damages shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
12. Data Protection, Change of Address
12.1 The customer agrees that the personal data contained in the contract may be stored and processed automatically by Orbolo GmbH in fulfillment of this contract.
12.2 The customer is obliged to inform Orbolo GmbH of any changes to his residential or business address as long as the contract has not been completely fulfilled by both parties. If the notification is omitted, declarations are also deemed to have been received if they are sent to the last known address.
13. Place of Performance, Contract Language, Choice of Law and Place of Jurisdiction
13.1 The place of performance is the registered office of Orbolo GmbH.
13.2 The contractual language is German.
13.3 Austrian jurisdiction shall apply and be agreed. If it is not a consumer transaction, the competent court at the registered office of Orbolo GmbH has exclusive local jurisdiction to decide all disputes arising from the contract.
13.4 This contract shall be governed exclusively by Austrian substantive law, excluding the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
14. Partial Invalidity
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
15. Consent According to § 107 TKG
The customer agrees to receive messages from Orbolo GmbH or from companies commissioned by Orbolo GmbH for advertising purposes in accordance with § 107 TKG. This consent can be revoked by the customer at any time.