General Terms & Conditions

  1. Scope

  • These General Terms and Conditions (hereafter referred to as “GTC”) apply to the sale and delivery of goods by earthly e.U (hereafter referred to as “earthly” or the “Company”) to its customers.

  • The General Terms and Conditions can be changed by earthly at any time and always apply in the current version at the time of the customer's order.

  • Differing terms and conditions are generally not accepted by earthly and are therefore not valid unless earthly has agreed to these in writing or by email before accepting the order.

  • By placing an order, the customer agrees to these terms and conditions.

  1. Conclusion of contract

  • The contractual partner is earthly e.U, based in Vienna and with a business address at Schadekgasse 16/1, 1060 Vienna, Austria.

VAT number: ATU79510129

Email: djulijana@the-earthly.com

  • Our store is hosted on Squarespace. Squarespace provides us with the online e-commerce platform that allows us to sell our products to you.

  • The presentation of the products in the online shop does not constitute a binding sales offer. Before placing the order, the data relevant to the order is summarized in an “order overview”. The customer is free to check his information in the order overview again and correct it if necessary. Only by placing an order does the customer make a binding offer by clicking on the “Send order” or “complete order” button after completely filling out the online order form.

  • Confirmation of receipt of your order occurs together with acceptance of the order immediately after sending by an automated email. The purchase contract is concluded with this email confirmation.

  • After receipt of the order, earthly sends a notification email to the email address provided by the customer, in which receipt of the order is confirmed and its contents are reflected (hereinafter referred to as “order confirmation”). The order confirmation does not constitute acceptance of the customer's purchase offer by earthly. Acceptance of the offer by earthly is made in a separate email. Earthly is entitled to reject an order without giving reasons. If earthly refuses to conclude the contract, the customer will be informed of this immediately by email.

  • The text of the contract (or the order) will be saved by earthly and will be sent to you by email including the general terms and conditions.

  1. Prices and shipping costs

  • The prices offered for the goods apply at the time of ordering and are gross prices in euros. For domestic deliveries, they include all statutory taxes and duties. However, the prices offered do not include any packaging and shipping costs.

  • Prices are based on costs at the time of initial pricing. If the costs change by the time the buyer places an order, earthly is entitled to adjust the prices accordingly. The respective binding prices are available on the company's website at www.the-earthly.com

  • The sales prices do not include delivery and delivery costs. The buyer is responsible for all shipping costs. By placing an order, the customer agrees to the shipping conditions.

  • Unless special agreements have been made, the type of shipping is left to the contractor. The goods are always shipped insured, regardless of the order value.

  • All offers are non-binding. The prices listed on the homepage include VAT plus shipping costs.

  1. Payment and deposits

  • Earthly accepts the following payment methods: Credit card (Visa, Mastercard, American Express).

  • If the customer defaults on payment, earthly is entitled to charge default interest at the statutory rate. In the event of late payment by the customer, earthly is entitled to demand compound interest from the day the goods are handed over.

  • Earthly reserves ownership of all goods until the purchase price has been paid in full, including additional fees and any late payment interest. Asserting the retention of title only constitutes withdrawal from the contract if this is expressly declared. If goods are taken back, earthly is entitled to charge any transport and handling costs incurred. If third parties access the reserved goods - in particular through seizure - the customer undertakes to point out earthly’s ownership and to notify earthly immediately. If the customer is a consumer or not an entrepreneur whose regular business operations include trading in the goods purchased from earthly, he may not dispose of the reserved goods, in particular not sell, pawn, give them away or lend them, until the outstanding purchase price claim has been paid in full. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

  1. Orders, delivery times and delivery obstacles

  • Orders are always accepted subject to availability. The delivery time for the respective order is stated in the respective order confirmation and, unless otherwise stated, is usually three to five working days within Austria. For deliveries abroad, the delivery time may be extended accordingly. Delivery times stated apply from receipt of payment.

  • If earthly cannot deliver and cannot offer the buyer a new delivery date, earthly is entitled to withdraw from the contract in whole or in part without being liable for damages. In these cases, the buyer can also withdraw from the contract.

  • In any case, the company does not accept orders and does not deliver to countries in which there are special regulatory provisions or other legal provisions that prohibit the delivery of goods to this country or are subject to special official approvals.

  • Additional duties, taxes and fees apply when our products are delivered outside the EU.

  • In the event of a delay in acceptance or other important reasons, such as in particular the insolvency of the customer or the rejection of the opening of insolvency proceedings due to a lack of assets or a violation of legal provisions, as well as in the event of a delay in payment by the customer, earthly is entitled to withdraw from the contract if it has not yet been fully fulfilled by both parties . In the event of withdrawal, earthly is entitled, without prejudice to asserting the damage actually incurred, to demand flat-rate compensation of 15% of the gross invoice amount.

  • If the customer defaults on payment, earthly is released from all further service and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period. If the customer - without being entitled to do so - withdraws from the contract or requests its cancellation, earthly has the choice of insisting on the fulfilment of the contract or agreeing to the cancellation of the contract; In the latter case, the customer is obliged, at earthly’s discretion, to pay flat-rate compensation of 15% of the gross invoice amount or the actual damage incurred.

  1. Transfer of risk

  • If the buyer collects the goods himself, use and risk pass to the buyer at the latest upon handover after payment.

  • When delivering, earthly determines the type of transport and route. Upon delivery, use and risk only pass to the buyer when the goods are handed over from the carrier to the buyer.

  1. Consumer's right of withdrawal

  • If the customer is a consumer within the meaning of the Austrian Consumer Protection Act, he can withdraw from the contract within 14 days of receipt of the goods without giving reasons. Please follow the instructions under ‘Right of Withdrawal’.

  1. Defects and warranty

  • The warranty provisions of the General Civil Code apply to all deliveries and services provided by the company in accordance with the following provisions.

  • Commitments, such as those regarding the usability or special properties of the goods, or declarations by earthly employees, are non-binding and do not represent an express guarantee of certain properties.

  • The buyer must carefully check the delivered goods. Warranty claims require that defects be reported to earthly immediately, namely visible defects immediately upon acceptance, hidden defects after discovery and upon presentation of the opened goods and the original invoice. If, for special reasons, it is not possible to inspect the goods immediately upon acceptance, this must be noted in writing, otherwise any claims will be excluded. Existing defects must be reported to earthly within 3 days of the possibility of inspection becoming available. All information is subject to change (dimensions, colour, technical data, product changes)

  • A warranty claim is in any case limited to the purchase price of the delivered and defective goods.

  • Earthly fulfils its warranty obligations at its discretion, either through delivery of defect-free goods, improvement, subsequent delivery of missing quantities or reversal of the contract (i.e. repayment of the purchase price) within a reasonable period of time.

  • The client must carefully inspect the delivered goods immediately upon delivery and immediately report any defects in writing to the exclusion of any claims whatsoever. If, for special reasons, it is not possible to immediately check the goods for defects upon acceptance, this must be noted on the delivery note or consignment note or otherwise in writing, otherwise any claims will be excluded. In this case, existing defects must be reported to the contractor in writing within 3 days of the possibility of inspection, otherwise any claims will be excluded. All information on dimensions, colours, technical data, etc. is subject to change. Product changes that serve to improve the product are also reserved.

  • Otherwise, the legal provisions of the ABGB apply to liability, notices of defects and warranty.

9. Exclusion of responsibility for links in accordance with Section § 17 ECG

To the extent that earthly provides access to third-party information via an electronic link, they are not responsible for this information. As soon as earthly becomes aware of any illegal activity or information, earthly must immediately remove this reference.

  1. Force majeure

If the contractor's fulfilment of his contractual obligations is made impossible or significantly more difficult for reasons over which he has no influence, such as non-performance by a supplier, strikes or lockouts, he may terminate the contract in whole or in part. In these, as in all other cases, the client waives any legal claim arising from delay or non-execution of delivery.

  1. Data protection

Earthly complies with the data protection regulations (GDPR, DSAG, TKG) in their current version. Personal data is only collected, used and passed on if this is permitted by law or if the customer consents to the data collection (special consent). Detailed information on the processing of personal data, the processing operations and the rights of those affected can be found in earthly’s data protection regulations.

  1. Electronic processing of customer data

The buyer agrees that the personal data about him stated in the purchase contract and disclosed during registration or ordering will be stored and processed in compliance with the provisions of the Data Protection Act. This data is used, to the extent necessary, to comply with legal regulations, to process payment transactions, for customer care and for marketing purposes. Furthermore, the customer agrees to receive communications from earthly via electronic mail (e.g. email) for advertising purposes. This consent can be revoked at any time by sending an email to djulijana@the-earthly.com

  1. Copyright

Earthly has copyright to all product images, films and texts published on the website www.the-earthly.com. Use of the images, films and texts is not permitted without the expressed consent of earthly.

  1. General Provisions

If individual provisions of the contract or these general terms and conditions are invalid, this does not result in the invalidity of the entire contract or the entire general terms and conditions. The remaining content of the contract and the remaining general terms and conditions remain unchanged.

The place of performance for both earthly and the buyer is earthly’s registered office.

Austrian law applies to all disputes arising from or in connection with the contract, excluding international reference norms and excluding the UN Convention on Contracts for the International Sale of Goods.

The competent court at the company's registered office (Vienna) has exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship. Mandatory places of jurisdiction for consumers remain unaffected.