Terms of service

Effective Date: April 4, 2025

  1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Everleaf GmbH, Linzer Straße 415/7, 1140 Vienna, Phone: +43 1928 3456, Email: hi@myeverleaf.com, apply to all contracts for the delivery of goods that a consumer or business (hereinafter "Customer") concludes with the seller regarding the seller's goods and services in distance selling. This excludes the inclusion of the customer's own terms and conditions.

A consumer is any natural person who enters into a transaction not related to their trade, business, or profession. A business, within the meaning of these GTC, is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction. Public limited companies, limited liability companies, cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE), and European Cooperatives (SCE) are considered businesses by virtue of their legal form.

  1. Contract Conclusion

2.1 The product descriptions contained in the seller's webshop do not constitute binding offers by the seller but serve for the submission of a binding offer by the customer.

2.2 The customer can submit the offer via the order form integrated into the seller's webshop. By doing so, after configuring the selected goods or services and completing the electronic ordering process, the customer makes a legally binding contractual offer regarding the goods in the shopping cart by clicking the button concluding the ordering process. The customer receives a separate, automated confirmation of receipt of their order(s) after submission. Such confirmation does not yet constitute acceptance of the offer.

2.3 The seller can accept the customer's offer within three business days by sending the customer a written order confirmation or an order confirmation in text form (e.g., email), with the receipt of the order confirmation by the customer being decisive, or by requesting payment from the customer after the order has been submitted. If both occur, the contract is concluded at the earlier point in time. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the third business day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, it is deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email) after the customer's order has been dispatched. Beyond this, the text is no longer provided.

2.5 The languages available for the conclusion of the contract are German and English.

2.6 Order processing and contacting are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received under this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.

  1. Right of Withdrawal

3.1 Consumers residing in the EU generally have a right of withdrawal in distance selling transactions. For more details, please refer to the withdrawal policy. A distance selling contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, using exclusively means of distance communication (email, internet, telephone) up to and including the conclusion of the contract.

  1. Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product and service description, the prices indicated are total prices including statutory value-added tax but excluding shipping costs. The applicable shipping costs are calculated based on the recipient's address entered during the ordering process.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are not the responsibility of the seller and must be borne by the customer. These may include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in connection with money transfers if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment methods accepted by the seller can be found on our website.

4.4 The transport service providers used by the seller are Austrian Post and DPD.

  1. Retention of Title

5.1 The seller retains ownership of the goods provided to the customer until the purchase price owed has been paid in full.

  1. Delivery and Shipping Conditions

6.1 We deliver our products to Germany, Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, and Hungary.

6.2 The delivery of goods is made by shipping to the delivery address provided by the customer during the ordering process.

6.3 If the delivery of the goods fails due to reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs for the return shipment if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation specified in the seller's withdrawal policy applies in the event of the effective exercise of the right of withdrawal by the customer.

6.4 If the customer is a business, the risk of loss or damage to the goods sold passes to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder, or the person or company otherwise designated to execute the shipment. If the customer is a consumer, the risk passes to the consumer only when the goods are delivered to the consumer or to a third party designated by the consumer, who is not the carrier. However, if the consumer has concluded the transport contract themselves without utilizing a choice offered by the entrepreneur, the risk passes to the consumer upon handover of the goods to the carrier.

6.6 In the event of a delivery delay due to force majeure (e.g., pandemic, strike, severe weather, catastrophes, war, etc.), the delivery period shall be extended by the duration of the delay. Any resulting claims for damages are excluded. This also applies to customers who are businesses if the delivery delay occurs due to other reasons attributable to the suppliers. The customer's statutory right to withdraw after setting a reasonable grace period remains unaffected.

  1. Warranty/Liability

7.1 The provisions of the statutory warranty apply. The seller is liable for the goods having the objectively required characteristics in addition to the contractually agreed characteristics. This does not apply if the consumer, upon conclusion of the contract, expressly and separately consents to the deviation of a specific feature from the objectively required characteristics, which the consumer does by placing the order after being specifically informed of this deviation in the product description. If the customer is a business,

  • a minor defect generally does not give rise to warranty claims,
  • the seller has the choice of the type of defect rectification,
  • the limitation period does not start anew if a replacement delivery is made as part of the warranty.

If the customer is a business within the meaning of the UGB, the customer is subject to the commercial obligation to examine and notify defects pursuant to § 377 UGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved. The seller's liability for slight negligence is excluded, unless it involves personal injury. These liability provisions also apply to the seller's liability for its vicarious agents and legal representatives.

  1. Jurisdiction/Applicable Law

8.1 The law of the Republic of Austria shall apply to all legal relationships of the parties, excluding the UN Sales Law. In the case of deliveries to consumers with residence or habitual abode in the EU, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual abode.

8.2 The materially competent court at the company's headquarters is agreed to be the exclusively competent court in relations with businesses.

8.3 The place of performance is the seller's headquarters.

  1. Alternative Dispute Resolution

9.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.