General Terms and Conditions (GTC) for private customers of Avocada eU
As of: January 2, 2024
§ 1 Scope
The following general terms and conditions of Avocada eU / Fruzsina Soos, Schweizertalstrasse 39/3, 1130 Vienna apply exclusively to your orders for goods and the purchase of Avocada voucher cards via avocada.at - as long as this does not deprive you of further consumer protection at your place of residence in Europe , Austria (telephone: +43 6766519397, email: info@puplando.com), in the version valid at the time of the order. You can download the text to a computer, save it, play it back and print it. Any regulations that deviate from these conditions only apply if they have been expressly confirmed by us.
§ 2 Contractual partners, conclusion of contract
The purchase contract is concluded with Avocada eU / Fruzsina Soos.
Our information on goods and prices within each ordering process is subject to change and non-binding. Rather, by placing your order using the “Buy now” button, you first make a binding purchase offer, which still requires acceptance by us. By submitting the purchase offer, you confirm that you have reached the age of 16. Only with the acceptance of your order does a purchase contract and a right to delivery and payment of the goods arise. We are not obligated to accept your purchase offer.
Your order for goods will be accepted by us if and when we confirm the dispatch of the order.
A binding contract can also be concluded beforehand as follows:
If you have chosen credit card payment, the contract is concluded at the time the credit card is charged.
If you have chosen the PayPal payment method, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.
If you have chosen the payment method Sofortüberweisung, the contract is concluded at the time of confirmation of the payment instruction to SOFORT AG.
The languages available for concluding the contract are German and English.
The contract data is saved for invoicing and can be viewed by the customer at any time via login.
All goods are sold in household quantities, subject to delivery options.
You may not pass on a password required for ordering to third parties. In the event of a transfer, you are also responsible for orders from the third party. You are responsible for any orders placed using your password and any resulting claims.
§ 3 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must contact us
Avocado eU / Fruzsina Soos
Schweizertalstrasse 39/3,
1130 Vienna
Telephone: +43 6766519397
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) -Ordered on (*)/received on (* )
-Name of the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only for paper notification)
-Date
(*) Delete what is not applicable.
The period begins from the day on which you or a third party named by you who is not the carrier took possession of the goods/s. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
For your returns, please use the returns label and keep the postal delivery slip. The use of the returns label is not a “must”, i.e. not a prerequisite for asserting your rights, but it simplifies and secures the process for us.
In the event of an effective withdrawal, we must reimburse you for the payments you have made and any necessary useful expenses you have made on the matter immediately, but at the latest within 14 days of receipt of the declaration of withdrawal. However, we can refuse the repayment until we have either received the goods back or you have provided us with proof that the goods have been returned. We will use the same payment method for the repayment that you used to process your payment.
If you have expressly decided on a different type of delivery than the cheapest standard delivery offered by us, you are not entitled to reimbursement of the additional costs you incur as a result. You are obliged to return the goods to us immediately, but at the latest within 14 days of submitting the declaration of withdrawal (dispatch is within the deadline) and to pay us compensation for a reduction in the market value of the goods if this loss of value is due to an examination of the quality Properties and functionality of the goods are not due to the necessary handling of the goods. The consumer can return the goods to Avocada eU free of charge using the return label. If you do not send the goods using the return label, the consumer bears the direct costs of the return.
Apart from the payments stated in this provision and any additional costs for “special deliveries”, no other charges will be imposed on you as a result of your withdrawal.
When shipping the goods, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and other than the carrier.
The consumer has no right of withdrawal from contracts relating to:
a. Goods that are made to customer specifications or clearly tailored to personal needs.
b. Goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery.
§ 4 Delivery conditions
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
In addition to the stated product prices, there are shipping costs. You can find out more about the shipping costs in the offers.
Shipping costs according to the respective delivery conditions:
Order by post: We deliver free shipping for orders over 60 euros. If the order value of an order is below this amount, we charge 4.50 euros for orders from the EU.
We only deliver if the delivery address is within the EU. We accept billing addresses from all over the EU. Delivery is made by post from our delivery warehouse to the delivery address you provided.
Your order will be delivered within 1-3 business days. Public holidays and public holidays within Austria also affect the delivery time of your order and lead to a postponement of delivery by two working days following the public holiday.
We are entitled to make partial deliveries to the address specified when the order was placed. In the case of partial deliveries, we will of course bear the resulting additional shipping costs. Partial deliveries are dispatched at our risk. Upon receipt of each partial delivery, the risk for the delivered items passes to you. If we are in arrears with outstanding partial services or if outstanding partial services are not possible for us, you are entitled to withdraw from the contract as a whole or to demand compensation for non-fulfillment of the entire obligation whenever the partial delivery is not of interest to you. In this case, the services already provided must be reimbursed step by step.
If an order cannot be executed because the ordered goods are not available, Avocada eU will inform you of this immediately and payments already made will be refunded immediately.
§ 5 Means of payment, discounts, due date, default and retention of title
Payment must be made in euros. The following payment options are generally offered:
- Instant bank transfer,
We offer instant transfer. Herewith we receive the transfer credit immediately. This accelerates the entire order process. All you need is the account number, bank code, PIN and TAN. Sofortüberweisung uses Sofort AG's secure payment form, which is not accessible to retailers, to automatically and real-time transfer a transfer to your online bank account. The purchase amount is transferred immediately and directly to the retailer's bank account. If you choose the immediate transfer payment method, a pre-filled form will open at the end of the ordering process. This already contains our bank account. In addition, the transfer amount and the intended use are already displayed in the form. You now have to select the country in which you have your online banking account and enter the bank sort code. Then enter the same data as when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. Right after you receive confirmation of receipt. In principle, every internet user can use instant transfer as a payment method if they have an activated online banking account with a PIN/TAN procedure. Please note that instant transfer is not yet available at a few banks. You can find more information about whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und- Answeren/
b. PayPal,
You pay the invoice amount via the online provider Paypal. In principle, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us (except for guest access). You'll get more information during the ordering process.
c. Credit card (Master Card, VISA Card)
Your credit card will be charged upon completion of the order.
Discounts or discount vouchers (e.g. a voucher with a discount code, a newsletter bonus, or a birthday voucher) can only be redeemed under the terms and conditions advertised in each case. Multiple discounts and discount vouchers cannot be combined.
No discounts are granted on items and voucher cards that have already been reduced.
If the invoice amount to be paid for a purchase is not credited to our account on time, or in the case of payment by credit card (American Express, Master Card, VISA Card or Diners Club), or PayPal should be settled, it has been rejected by the account-keeping institution or If the amount is not paid within 30 days of the invoice date, you will automatically be in default. Even without further reminder, in the event of a default due to your fault, you are obliged to pay the statutory default interest amounting to four percentage points and the further damages caused by the default, in particular the collection costs necessary for appropriate collection on the basis of the statutory rates. However, in any case, you reserve the right to prove that no damage or less damage has occurred.
The delivered goods remain our property until full payment has been made. If you behave in breach of contract, particularly in the event of late payment, we are entitled to take back the delivery item after setting a reasonable deadline; You are obliged to hand it over.
§ 6 Warranty rights
The product images do not always have to match the appearance of the products delivered. In particular, after manufacturers renew their product ranges, there may be changes in the appearance and features of the products.
We must bear the costs of returning the item in the event of a defect. In this case, please contact our service center by email: info@avocada.at
The guarantee is based on the regulations of the respective manufacturer of the goods.
The warranty is subject to legal regulations.
§ 7 Compensation, exchange and return
Compensation for damages due to breach of an obligation arising from the contractual relationship must be paid under the legal requirements. Liability, in particular for consequential damage caused by defects, is excluded - except with regard to personal injury - in the event of slight negligence on our part. Claims based on the product liability law remain unaffected. You must carefully follow all instructions on the packaging and inserts.
A 100% refund of the purchase amount will only be made for items that are in their original packaging and unused. In the event of signs of wear and use of the items, including incompatibilities, 50% of the purchase amount will be deducted. We reserve the right not to provide a refund at all! Samples cannot be returned. If an order is returned in whole or in part, any free items received must also be returned in full. Otherwise, we will offset the value of the free item against the credit.
§ 8 Copyright
All messages, graphics and the design of our website are intended solely for the personal information of our customers and are protected by copyright.
§ 9 Arbitration Board
We undertake to participate in the Internet Ombudsman's arbitration procedure in the event of a dispute:
www.ombudsmann.at Internet Ombudsman Margaretenstraße 70/2/10 A-1050 Vienna
Further information on the types of procedures can be found at www.ombudsmann.at or in the respective procedural guidelines (https://www.verbraucherschlichtung.at/):
(1) Procedural guidelines of the Internet Ombudsman for alternative dispute resolution according to the AStG (AStG arbitration procedure).
(2) Guidelines for the arbitration procedure at the Internet Ombudsman outside the scope of application of the AStG (standard procedure).
(3) The OS platform can also be used to resolve disputes with our company: http://ec.europa.eu/consumers/odr
Our email address: info@puplando.com
§ 10 Miscellaneous
Complaints can be made at the address mentioned in § 1.
The contractual partners agree on the application of Austrian law. If the consumer has his domicile or habitual residence in the country or is employed in the country, a lawsuit against him can only be brought under the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located; this does not apply to legal disputes that have already arisen.
The contract, order and business language is German.