Terms and Conditions

§ 1 General
(1) These terms and conditions apply to all contracts, deliveries and other services provided by Saint Charles Organics GmbH, Esterhazygasse 11, 1060 Vienna (hereinafter referred to as the „Seller “), online shop: „shop.saint-charles.eu“ and all subdomains belonging to its main domain. Differing customer provisions are valid only with expressly written confirmation from the Seller. Individual agreements between the Seller and the customer take precedence.
(2) Business relations between the Seller and the customer are subject to and governed by the laws of Austria. For consumers this choice applies only to the extent that the protection afforded by those mandatory provisions of the law of the country in which the consumer habitually resides is not withdrawn. Application of the UN Sales Convention is excluded.
(3)All contracts will be communicated in German.
(4) The court of jurisdiction is Vienna, insofar as the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies to a customer who does not have a general court of jurisdiction in Austria or his place of residence is not known at the time an action is filed.
(5) We deliver to the following countries: EU, Switzerland.

§ 2 Contract terms and conclusion of contract
(1) The Seller offers customers new goods for purchase via an online shop „shop.saint-charles.eu“, particularly cosmetic products, food supplements, perfumes and accessories for beauty, spa and health care, all made from biological and organic resources.
(2)  The representation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the „Buy“ button you are creating a legally binding order of the goods contained within your shopping basket. The confirmation of receipt of your order and simultaneous acceptance of the order are sent immediately by automated email following submission. The purchase agreement comes into effect with this email confirmation.
(3) The contractual text will be saved. The buyer may access this text via „My User Account“.

§ 3 Prices, shipping charges, VAT and payment
(1) For orders placed via the online shop, indictated prices apply. All prices include statutory Value Added Tax.
(2) All prices are exclusive of shipping and handling costs, which are indicated clearly prior to placing an order.
Shipping cost charges are dependent on both the size and weight of the order as well as the chosen destination. Please see: shop.saint-charles.eu/shipping
(3) Delivery to the customer by the Seller is subject to customer request with the following payment methods: credit card (VISA or Mastercard), instant bank transfer, PayPal or invoice.
(3.1) Payment on account
In cooperation with Klarna we offer you the payment option of paying on account. Please note that a Klarna invoice is only available to consumers and that payment to Klarna is due.
(3.2) Klarna payment on account
When purchasing on account with Klarna you will first receive your ordered goods including payment information, which can be found enclosed in the parcel. Payment is due within 14 days after the statement date. Please find a summary of the general terms and conditions for deliveries to Germany here, and the complete terms and conditions for the purchase of goods for delivery to Austria here.
(3.3) Privacy policy for Klarna payment on account
Klarna evaluates and verifys the buyer´s data and maintains the right to exchange data with third party enterprises (economic information) holding legitimate interest. Your personal data is treated in accordance with the applicable data protection regulations as well as according to the data in Klarnas data protection regulations for Germany and Austria.
(4) Should a customers fall into arrears with his payment obligations, the Seller may legally demand compensation and/ or withdraw from the contract.
(5) The Seller shall issue the customer with an invoice, either included in the order, in text form or handed to him upon delivery.

§ 4 Delivery and risk transfer

(1) The ordered goods will, unless otherwise contractually agreed, be delivered to the address specified by the customer. The delivery will be made from the Seller´s warehouse.
(2) The availability of single products is stated in the article description. The Seller shall dispatch available products from the warehouse, unless expressly agreed otherwise, within 1-3 working days following payment instruction. Should the goods be marked unavailable after an online shop sale, so shall the Seller endeavour to provide the fastest delivery possible.
(3) The Seller reserves the right to make partial deliveries provided this appears to be advantageous for speedy processing and does not present unreasonable inconvenience for the customer. Additional costs resulting from partial deliveries are not billed to the customer.
(4) The Seller reserves the right to withdraw from fulfilling his contractual obligation if the goods are to be delivered by a supplier on the day of delivery and the delivery is in whole or in part omitted. This self delivery reservation applies only should the Seller not be responsible for the non-delivery occurrence. The Seller shall not be liable for any failure in delivery provided that a so-called congruent covering transaction was concluded with the supplier in time for the fulfillment of contractual obligations. Should the goods not be delivered the Seller will immediately notify the customer and reimburse the paid purchase price as well as shipping costs.
The risk of accidental loss and/ or of damage of the goods passes to the customer upon handover. Should the customer be an entrepeneur, the risk of accidental loss and/or deterioration, as well as delays will have already been transferred to the carrier, the forwarding agent or any other person or institution charged with the execution of the shipment.

§ 5 Liability for material and title defects
(1) In the event of any defects, the customer is entitled to his statutory warranty rights in accordance with the following provisions.
(2) Damages caused by improper treatment by the customer during setup, connection, operation or storage of the goods do not constitute a warranty claim against the Seller. The customer may refer to the manufacturer instructions for the proper handling of goods.
(3) Defects must be reported within a warranty period of two years for new items or within one year for used items. The aforementioned limitations do not apply in cases whereby the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods.
The foregoing limitations of liability also do not apply to any claims for reparation or damages of the customer towards compensation of bodily harm or health impairment due to a defect for which the Seller is responsible, or based on willful or gross negligent conduct by the Seller or his vicarious agents.
The aformentioned abbreviations shall also not apply to defects in a structure or thing which, in conformity with its customary manner of utilsation have been used as a structure and thus caused its defectiveness. The aforementioned abbreviations shall also not apply in as far as the Seller has fraudulently concealed the defect or if the Seller granted warranty of the qualities of an object or service hereunder, nor for any claims for compensation or damages of the customer towards compensation of bodily harm or health impairment due to a defect for which the Seller is responsible, or based on willful or gross negligent conduct by the Seller or his vicarious agents.
(4) In the event of any defects, which were subsequently claimed in a timely manner, the Seller is entitled to rectification. Should subsequent rectification fail, the customer shall be entitled to reduce the purchase price or to rescind the contract. Furthermore, statutory provisions shall apply.

§ 6 Complaints procedure
(1) Should you have any complaints please contact us at our customer service email address: office@saint-charles.eu
(2) The European Commission has provided a platform for online dispute settlements (OS). Link to the OS homepage

 

Instructions on withdrawal

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Saint Charles Organics GmbH, Esterhazygasse 11, 1060 Wien, Austria, Telefon: +43 699 170 40 207, E-Mail: premiumshop@saint-charles.eu) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.


Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

To:

Saint Charles Organics GmbH
Esterhazygasse 11
1060 Wien
Austria

Telefon: +43 699 170 40 207

Email: premiumshop@saint-charles.eu

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date

(*) Delete as appropriate.