Terms & Conditions

Download Link: Legal Terms English/German

^03.03.2026

Disclosure pursuant to §5 E-Commerce Act (ECG):
AgRaritäten Shop e.U.
Einwanggasse 19/1/13
1140 Vienna
Austria
Tel.: +43 (0) 699 81649448
Email: office@agraritaeten-shop.com

Small business according to § 6 (1) no. 27 of the Austrian VAT Act (UStG) – VAT not applicable.
For EU-wide sales: exempt from VAT under the EU cross-border SME scheme for small business, Directive (EU) 2020/285. SME ID: AT877449245-EX.
Export Delivery outside the EU: Austrian VAT not charged; import duties, customs charges, taxes and any other applicable fees incurred in the destination country are to be borne in full by the recipient.

Owner: Mag.^a Maria Prillinger
Register: FN: 599188i
Trade Authority: Magistratisches Bezirksamt des XIV. Bezirkes
(Hereinafter referred to as the “Seller”)

1. Scope of Application

1.1 These General Terms and Conditions (“T&Cs”) and the rights of withdrawal and consequences of withdrawal for consumers regulated in Sec. 6 shall apply—unless expressly agreed otherwise—to contracts concluded between the seller and the customer. This applies irrespective of whether such a contract is concluded online via our website www.agraritaeten-shop.com or offline. For legal transactions with entrepreneurs, the provisions set out in Sec. II shall additionally apply.

1.2 By submitting his contractual declaration (see Sec. 1.4), the customer accepts these T&Cs. Contracts may be concluded only on the basis of these terms and conditions. Any deviating, conflicting, restrictive, or supplementary terms and conditions or provisions of the customer shall require our express consent in order to become part of the contract in any individual case. In particular, actions taken by us in performance of the contract shall not be deemed to constitute acceptance of any terms deviating from these T&Cs.

1.3 In the case of multiple orders placed over time, the version of the T&Cs in effect when the customer submits their declaration of intent (see Sec. 1.4), as published or made available by us, shall govern and form part of the contract. Multiple orders by the same Customer do not establish a continuing obligation or guarantee future contracts unless expressly agreed in writing.

1.4 Conclusion of Contract

1.4.1 The presentation of our products on our website is not a legal offer. The offer is made solely by the customer, as described in Sec. 1.4.2.

1.4.2 On our website, the customer makes an offer by placing an order for the item. The offer becomes binding when the Customer clicks the “BUY NOW” button (for direct bank transfer or credit/debit card payments). For PayPal, binding acceptance occurs upon pressing the PayPal Button and successful completion of the PayPal payment process. Please note that once we have received the customer’s order, a separate order confirmation will be sent to the customer by email. This does not constitute acceptance of the order. Acceptance by us shall only occur either by a separate written order confirmation sent within a reasonable period of time, or by delivery of the ordered goods. For the purposes of this agreement, a reasonable period shall be no longer than 15 business days. The Seller reserves the right to accept orders partially or reject them without giving reasons. Customers should check their spam folder if no email is received and contact office@agraritaeten-shop.com if necessary.

1.5 General Terms and Conditions for the Sale and Redemption of Gift Vouchers via the AgRaritäten Shop

1.5.1 Value / Gift Vouchers from Our Shop

The AgRaritäten Shop (voucher issuer) issues value vouchers “Gift Voucher - instantly printable“ (hereinafter referred to as the “value vouchers”) with values ranging from €5 to €300 (in various denominations).
These vouchers are delivered by e-mail (including a redemption code/voucher number) and can be printed out. Holders of these vouchers (voucher holders) are entitled to redeem the balance when making purchases on www.agraritaeten-shop.com .  

1.5.2 Use, Transferability & Loss of Value Vouchers

1.5.2.1 Value vouchers are considered a means of payment towards AgRaritäten Shop e.U. (voucher issuer) and can be redeemed for all goods offered in the online shop (www.agraritaeten-shop.com). Any remaining balance will not be paid out in cash, except in cases required by law. Instead, remaining balances remain valid for future purchases. Value vouchers can therefore be redeemed multiple times until the balance is fully used.
More than one voucher can be redeemed per order.
If the voucher value is insufficient to cover the total order amount, the remaining balance may be paid using the available payment methods offered in the shop.
Voucher holders can check the current available balance of their voucher at any time by sending an e-mail to office@agraritaeten-shop.com .

1.5.2.2 Value vouchers are transferable and valid for 10 years from the date of issue. After the expiry of the validity period, vouchers can no longer be redeemed.
Voucher holders have no entitlement to a cash refund, except in cases required by law. However, the voucher issuer reserves the right to cancel value vouchers for valid reasons, for example if the voucher issuer decides to discontinue the voucher system, in which case any remaining balance within the validity period will be refunded to the voucher holder.

1.5.2.3 Value vouchers are only valid in conjunction with a valid code (redemption code/voucher number), which is delivered by e-mail.

1.5.2.4 Please treat your voucher code (redemption code/voucher number) with care and keep it secure, just like cash.
The voucher issuer shall not be liable for any loss, theft, or unauthorized use of voucher codes, unless such loss or misuse is caused by the issuer’s own fault.
The voucher issuer does not provide replacement for expired vouchers (after 10 years from the date of issue).
Liability for damages resulting from technical errors or incorrect issuance by the voucher issuer is limited to the extent provided by applicable law.

1.5.3 Ordering and Payment of Value Vouchers

1.5.3.1 Value vouchers can be purchased through our webshop using the usual payment methods. After payment has been completed, an automated e-mail will be sent to the e-mail address provided during the voucher order (“Enter an email address for each recipient”). The voucher is redeemable immediately upon receipt.
No shipping costs apply for value vouchers as long as they are delivered electronically by e-mail.
No discounts or discount codes apply to the purchase of vouchers. 

1.5.3.2 Voucher Purchase via Direct Bank Transfer

For purchases made via direct bank transfer, the value voucher will only be issued after the payment has been received in the account of the voucher issuer. This may result in a delay of a few days.
In the event of non-payment, the provisions shall apply accordingly in accordance with Sec. 4.1.2 Direct Bank Transfer.

1.5.4 Consumer Withdrawal Right

Consumers of the European Union may withdraw value voucher purchases within 14 days if the voucher has not yet been redeemed. Details are on the Returns & Withdrawal Policy page.

For consumers located outside the European Union (third countries), no statutory right of withdrawal applies. We do not offer a voluntary return or refund policy for orders shipped to such countries.

2. Website Registration and Access

2.1 Orders can be placed with or without registration.

2.2 Customers must be at least 18 years old and legally capable of entering into contracts. By submitting the registration form or completing the purchase, the customer confirms that all information provided—especially their name, e-mail address, age, legal capacity, and address—is accurate.

2.3 As a new user, you can register by entering your e-mail address. You will then receive an e-mail containing a registration link (please also check your spam folder!). Using this link, you can set your individual password and complete your registration. Afterwards, you will be taken to your account, where you can provide additional information, such as your billing address or a different delivery address. New customers are also prompted to create an account during the checkout process. It is entirely up to the customer whether to follow this suggestion or not.

2.4 The customer is responsible for keeping their access code confidential. We are only able to verify whether an access code corresponds to a properly authorized customer account. We have no further duty of verification. Any person who logs in using a customer account and the corresponding password on the website is deemed authorized to place orders legally on behalf of the registered customer. We recommend changing the access code regularly.

2.5 We accept no liability for the uninterrupted availability of the website. We are entitled, at any time and without prior notice, to perform maintenance or other work on the website that may result in downtime or interruptions. We are also not obligated to provide a specific server capacity, so periods of high load and longer response times may occur.

3. Prices and Shipping Costs

3.1 Prices on the website are final consumer prices.

Small business according to § 6 (1) no. 27 of the Austrian VAT Act (UStG) – VAT not applicable.
For EU-wide sales: exempt from VAT under the EU cross-border SME scheme for small business, Directive (EU) 2020/285. SME ID: AT877449245-EX.
Export Delivery outside the EU: Austrian VAT not charged; import duties, customs charges, taxes and any other applicable fees incurred in the destination country are to be borne in full by the recipient.

All additional freight, delivery, shipping, or other costs will be indicated to the consumers before the submission of their offer, provided that these costs can reasonably be calculated in advance. If these costs cannot reasonably be calculated in advance, we will inform the customer prior to the submission of the offer about the possible occurrence of such additional charges.

Further information on our shipping costs (depending on your delivery address and order value) and on the delivery process can be found on our website under Shipping & Delivery , which form an integral part of these T&Cs. 

4. Payment Terms

4.1 Unless otherwise agreed in writing, our claims are to be paid in full and without deduction before the shipping of the ordered products. Further information can be found on our website under Payment.

Payment for purchases on our website can be made using the following methods:

4.1.1 PayPal, Credit / Debit Card
The purchase price is due immediately upon our acceptance of the order. The amount of the purchase price will therefore be charged to the customer’s specified credit card, debit card, or PayPal account by our payment service provider at the time of acceptance. The payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. Further information can be found in our Privacy Policy.

4.1.2 Direct Bank Transfer
After we accept the order, we will provide you with all information necessary for the bank transfer, including our bank details. These details will also be sent to you by e-mail. The purchase price is due within 5 days of the order date and must be transferred directly to our bank account. Please use the order number as the payment reference. Your order will only be shipped once the payment has been received and remains the property of the seller until fully paid. Consequently, the delivery time indicated in Sec. 5.1 may be extended, as shipment will only occur once payment from the customer is received.
If payment has not been received within 14 days of the order date, we will assume that the customer is no longer interested in the order and will automatically cancel the purchase. No separate payment reminder will be sent to the customer.

When choosing the payment method direct bank transfer, the customer agrees to make the payment exclusively from a bank account held within the European Union (EU). Transfers from accounts outside the EU are not permitted. If payment is made from a non-EU account, we reserve the right to refuse acceptance of the order, pass on additional bank charges to the customer, or return the payment. Any costs arising in this context (e.g., bank fees, currency exchange fees) shall be borne by the customer.

For orders from countries outside the European Union (third countries), payment via direct bank transfer is not available. Please use alternative payment methods that are available for international transactions.

5. Shipping/Delivery

5.1 Shipping (dispatch by us) of online orders shall take place—provided that the goods are in stock and no different information is stated on the website—within 5 business days after acceptance of the order by e-mail in the case of payment via PayPal/credit card/debit card, or after receipt of payment in our account in the case of payment via direct bank transfer. The choice of carrier shall be made by us at our reasonable discretion. No guarantee is given that the fastest or most cost-effective shipping method will be selected.

5.2 The delivery period shall be extended for the duration of any circumstances beyond the control of the parties, including but not limited to force majeure, unforeseeable operational disruptions, governmental or regulatory interventions, transport and customs delays, transport damage, rejection of essential production components, and labor disputes.

5.3 Delivery shall be made to the delivery address specified by the customer (or the billing address, if identical). Any additional costs resulting from the provision of an incorrect delivery address by the customer shall be borne by the customer.

5.4 Further information on our shipping costs (depending on your delivery address and order value) and on the delivery process can be found on our website under Shipping & Delivery , which form an integral part of these T&Cs. 

5.5 The buyer is responsible for complying with all applicable import regulations, customs duties, taxes, and other charges in the destination country. Any fees incurred due to importation must be borne by the buyer.

6. Rights of Withdrawal and Rescission and Consequences for Consumers under the FAGG and KSchG

6.1 Consumers residing within the European Union are entitled to withdraw from their purchase within fourteen (14) days vis-à-vis AgRaritäten Shop e.U.

The provisions applicable to this section are set out on our website under Returns & Withdrawal Policy and form an integral part of these T&Cs.

6.2 For customers with a delivery address outside the European Union (third countries), in particular Switzerland, the United States of America (USA), and Canada, there is NO statutory right of withdrawal under Austrian or European consumer protection law. A voluntary right of return is NOT granted.

Mandatory statutory warranty rights pursuant to Section 8. Warranty/Guarantee remain unaffected.

If goods are returned without an existing right of withdrawal or rescission, there is neither an obligation to accept the goods nor any entitlement to a refund of the purchase price.

If a delivery to a third country is refused, not collected, or cannot be delivered — in particular due to unpaid import duties, customs charges, or other fees — this shall be deemed an unauthorized return.

In all aforementioned cases, the customer shall bear all resulting costs. These include, in particular, the original shipping costs, return shipping costs, customs duties, import taxes, levies, storage and handling fees, and any other costs associated with the return or any potential re-shipment.

We reserve the right to deduct such costs from any refund amount or to invoice the customer separately. Re-shipment will only take place upon the customer's explicit request and at the customer's expense.

7. Retention of Title

7.1 The goods delivered by us shall remain our property until full payment of all claims arising from the respective delivery has been received.

7.2 The customer is obliged to treat the goods with due care for the duration of the retention of title. The customer must notify us immediately of any third-party access to the goods, in particular enforcement measures, as well as of any damage to or destruction of the goods. In the event of fault, the customer shall compensate us for all damages and costs incurred as a result of a breach of these obligations and as a result of any necessary measures taken to protect the goods against third-party access.

8. Warranty / Guarantee

8.1 The majority of the goods we offer are used individual items with varying degrees of wear and signs of use. It is inherent to the nature of these goods that they may exhibit certain imperfections, which we describe in detail in the product description and which therefore form an integral part of the purchased product. Furthermore, in relation to consumers, the statutory warranty provisions (§8 KSchG) apply in the event of defects in the goods. No warranty claim exists for damages resulting from improper use or handling of the product. The same applies to normal wear and tear.

The documents offered are provided exclusively for historical and documentary purposes. Any liability for the accuracy, completeness, or technical usability of the content is excluded.

8.2 Product images on the website and/or in our brochures may differ from the actual delivered products in terms of color and size due to resolution and dimensions. The delivered goods are considered to comply with the contract if they correspond to the other product specifications.

8.3 If the customer is a consumer within the meaning of the KSchG, they should inspect the delivered goods upon receipt for completeness, accuracy, and other defects, in particular the integrity of the packaging, and notify us of any defects by e-mail to office@agraritaeten-shop.com, providing a brief description. This serves solely to ensure faster and more effective processing of any complaints. Failure to comply with this obligation does not affect the statutory warranty rights of the consumer.

8.4 If the customer requests the return of the goods and the goods are in fact defective, we shall bear the corresponding costs.
This applies in particular where an incorrect delivery has been made or where the delivered goods demonstrably deviate from the specifications set out under Sections 8.1 and 8.2.
Defective goods may only be returned upon our express request. Otherwise, any shipping costs incurred shall be borne by the consumer.

For customers with a delivery address outside the European Union (third countries), any return of goods (Withdrawal and Rescission) is generally excluded. Mandatory statutory warranty claims pursuant to the provisions of this Section (8. Warranty / Guarantee) shall remain unaffected.

9. Liability

9.1 We are liable for damages in accordance with statutory provisions. However, liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to damages resulting from injury to life, body, or health, nor to claims under the Product Liability Act (Produkthaftungsgesetz PHG).

10. Data Protection and Change of Address

10.1 Provisions regarding this section are set out on our website under Privacy Policy.

10.2 The customer is obliged to notify us of any changes to their address or contact details promptly during the course of the business relationship. If the customer fails to provide such notification, any statements or notices shall be deemed delivered even if sent to the last address provided by the customer.

11. Dispute Resolution

We are neither obliged nor willing to participate in any dispute resolution proceedings before a consumer arbitration board.

12. Governing Law and Severability

12.1 All contracts and agreements between the customer and the seller shall be governed by Austrian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of performance is Vienna, Austria.

12.2 Should any provision of these T&Cs be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the relevant statutory provisions shall apply.

SECTION II – BUSINESS TRANSACTIONS

If a contract pursuant to Sec. 1.1 is concluded with a business customer, the following divergent provisions shall additionally apply:

Contracts with business customers located outside the European Union (third countries) shall generally not be concluded. The delivery of goods to third countries is subject to applicable European Union export control regulations and other relevant legal requirements. Delivery will only take place following prior express written agreement with the seller and in compliance with all required authorizations and regulations. There is no entitlement to conclude a contract.

II/1 Warranty:

If the customer is a business, they must inspect the delivered goods upon receipt for completeness, correctness, and other defects, in particular the intactness of the packaging. Any defects must be reported by email to office@agraritaeten-shop.com within a reasonable period, but no later than four business days after receipt of the goods. Defects discovered later must also be reported immediately, but no later than four business days after discovery. If the business customer fails to detect and report any defects within the notice period, the delivery shall be considered accepted. In that case, all claims—including warranty claims, claims for rescission due to error, or claims for damages resulting from a later alleged defect or deviation (§ 377 UGB) —shall be excluded. This also applies to incorrect deliveries or deviations in the quantity delivered.

If the customer is a business, we shall have the exclusive right to choose the remedy for a defect that has been reported in due time. We may also choose to rescind the contract immediately.

If the customer is a business, they shall bear the costs of returning goods for repair or replacement.

II/2 Liability:

Business customers must prove the existence of intent or gross negligence and assert any claims for damages within one year from the transfer of risk. The provisions contained in these T&Cs or otherwise agreed regarding claims for damages shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

If the customer is a business, any recourse claims within the meaning of § 12 of the Product Liability Act (Produkthaftungsgesetz PHG) are excluded, unless the entitled party can prove that the defect was caused within our sphere and at least through gross negligence.

II/3 Prohibition of Retention and Set-Off:

Justified complaints by business customers do not entitle them to withhold payment of the invoice. The set-off of alleged counterclaims against the payment claim is not permitted unless we have expressly agreed to it.

II/4 Governing Law; Place of Performance and Jurisdiction:

Austrian law shall apply exclusively, to the exclusion of conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of performance shall be Vienna, Austria.

For all disputes arising out of or in connection with legal transactions governed by these T&Cs, exclusive jurisdiction is vested in the District Court for Commercial Matters (“Bezirksgericht für Handelssachen“) or the Commercial Court (“Handelsgericht“) in Vienna, in accordance with the amount in dispute.