AGB

GENERAL TERMS AND CONDITIONS

General Terms and Conditions of ALLPURE GmbH for consumer transactions.

1. scope of application of the general terms and conditions

1. The following General Terms and Conditions (hereinafter referred to as "GTC") are an integral part of any contract between ALLPURE GmbH, Johann-Strauß-Straße 33, 4600 Wels (hereinafter referred to as "ALLPURE") and the customer or consumers within the meaning of the Austrian Consumer Protection Act (KSchG).
   
   
2. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
   
   
3. The scope of these GTC includes all offers, legal transactions and other services of ALLPURE GmbH, in particular the delivery of goods.
   
   
4. The GTC are binding for all current and future business transactions with ALLPURE, even if no express reference is made to them. ALLPURE provides the services exclusively on the basis of these terms and conditions.
   
   
5. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if we are aware of them, unless we expressly agree to their validity in writing. We hereby object to and expressly do not recognize any terms and conditions (in particular GTC) of the customer that deviate from these GTC. This also applies if we do not (again) object to deviating conditions of the customer in individual cases. We shall not be bound by the customer's terms and conditions even if their validity is stated therein as an express condition. The provision of services by us shall not be deemed to be submission to deviating terms and conditions of the customer, even if we are aware of conflicting or deviating terms and conditions of the customer and do not express any reservation against them.

 2. Conclusion of contract

1. Our offers in the online store and price lists are non-binding and subject to change. The presentation of the goods, in particular on the Internet, does not constitute a binding offer by ALLPURE.
   
   
2. Only the order of the customer represents a binding offer to conclude a purchase contract for the ordered goods. An order can only be placed if the customer data requested by us are provided in full. Contracts shall only be concluded upon our written order confirmation or upon an act of performance by us (e.g. delivery/shipment of the goods). All other agreements or ancillary agreements, including those made at a later date, shall only become effective upon our written confirmation.
   
   
3. The contract is concluded via the online shopping cart system. On the respective pages of the offered goods of the online store, the customer can put single or multiple items into the virtual shopping cart by clicking the button "Add to cart". After placing all desired items in the shopping cart, the customer can start the ordering process by clicking the button "buy" (or a similar designation). In the next step, the customer has the opportunity to select his preferred payment method after entering the billing details such as name, address, etc.. Subsequently, the customer confirms that he has read and understood these GTC and agrees to them by checking the appropriate box. Subsequently, the customer is shown an overview of the products selected by him in his shopping cart. Before sending the order, the customer has the possibility to check the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order. By sending the order via the corresponding button ("buy" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded. The acceptance of this offer by ALLPURE takes place by sending the shipping confirmation by e-mail to the customer. 
   
   
4. ALLPURE reserves the right to binding acceptance of the offer, in the case of products personalized at the customer's request - due to the greater expense - within a period of 30 days.
   
   
5. If an ordered product is not available or cannot be procured by ALLPURE under reasonable conditions, the customer will be informed immediately and any payments made by the customer will be refunded.
   
   
6. The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
   
   
7. All information on the homepage www.allpure.at is non-binding. ALLPURE does not guarantee the accuracy, completeness and timeliness of the information provided on these pages and expressly reserves the right to make errors, in particular with regard to price designations, model designations and color deviations. ALLPURE does not guarantee that the colors displayed on the web pages correspond to the actual colors.
   
   
8. The choice of suppliers, if any, is left to ALLPURE, and the customer cannot be required to purchase from a particular source.

3. prices and terms of payment

1. Alle von uns genannten Preise sind freibleibend und verstehen sich, sofern nichts anderes ausdrücklich vermerkt ist, in Euro (€), inklusive Umsatzsteuer. Sämtliche Preise gelten „Ab Werk“ bzw. „ex-works“ INCOTERMS 2020 und beinhalten keine Nebenkosten. Nebenkosten (insbesondere für Versand und sonstige Leistungen) werden gesondert in Rechnung gestellt. Für jede Lieferung wird demnach zusätzlich eine Versandpauschale verrechnet. Sollte im Zuge des Versandes Steuern, Zölle und sonstige Abgaben, die der Kunde anlässlich der Übernahme der Lieferung zu entrichten hat, fällig werden, gehen diese zu Lasten des Kunden. Der Transport erfolgt auf Rechnung und Gefahr des Kunden. Wir sind nicht verpflichtet, für die Ware eine Transportversicherung abzuschließen.
   
   
2. Prices are subject to change before the order is placed, as well as input and electronic transmission errors. Furthermore, ALLPURE reserves the right to adjust the price if after the conclusion of the contract, cost increases occur, for example, due to price increases on the part of suppliers, changes in the exchange rate, etc..
   
   
3. The purchase price is due for payment immediately without discount.
   
   
4. Payment for the goods can be made either by credit card (VisaCard, MaestroCard or MasterCard), advance payment, instant bank transfer or PayPal.
   
   
5. ALLPURE is entitled to send invoices to the customer electronically. The electronic invoice will be sent by email, after completion of the order, to the specified email address of the customer. In the case of separately agreed partial deliveries, ALLPURE shall issue invoices in accordance with the individual partial deliveries. ALLPURE must be notified immediately of any changes to the customer's address.
   
   
6. In the event of default in payment by the customer, we shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services or to demand advance payments or securities.
   
   
7. Default interest: Even if the contractual partner is not at fault, we shall be entitled to charge default interest in the amount of 8% per annum. This shall not affect claims for compensation for proven higher interest in the event of default in payment for which we are responsible. In the event of an unsuccessful own reminder, the costs of the intervention of a collection agency, a credit protection association and the like shall also be charged in accordance with the fee guidelines.

4. delivery conditions / delivery costs

1. ALLPURE is entitled to hand over the goods to a suitable transport company for the purpose of delivering the goods to the delivery address provided by you. ALLPURE reserves the right to choose the transport company. Shipping and transport are at the expense and risk of the customer.
   
   
2. Delivery is made within 5 working days, working days being Monday to Friday, excluding public holidays. For deliveries outside Austria, delivery times may vary.
   
   
3. Der Vertragspartner ist verpflichtet, die von ALLPURE zur Verfügung gestellten Lieferungen und Leistungen abzunehmen. Mit der Lieferung „Ab Werk“ bzw „ex works“ INCOTERMS 2020 gelten gelieferte Waren als abgenommen.
   
   
4. Operational disruptions and events of force majeure as well as other events outside our sphere of influence, in particular also delays in delivery and the like on the part of our upstream suppliers, shall entitle us, to the exclusion of any legal claims, in particular warranty claims, claims for the avoidance of errors and claims for damages, either to extend the deadlines accordingly or to withdraw from the contract on account of the part not yet fulfilled. This shall also apply if the events occur at a time when we are in default.
   
   
5. ALLPURE has the right to deliver the ordered delivery in parts, provided that this is also not demonstrably disadvantageous for the customer.

5. testing and transfer of risk

1. Die Lieferung erfolgt ab „Ab Werk“ bzw „ex works“ INCOTERMS 2020, das Risiko des Transportes bei Lieferungen trägt der Kunde.
   
   
2. Immediately after receipt of the goods, the customer shall check them for completeness and correctness and, if necessary, give notice of defects in writing. In the absence of a complaint, the goods shall be deemed to have been properly and completely delivered. Defects which were not recognizable during the inspection are excluded from this. ALLPURE must be notified in writing of transport damage and shortages without delay, but within 3 days at the latest.
   
   
3. Default of acceptance: If the customer is in default of acceptance, we shall be entitled to store the goods on our premises, for which we shall charge a storage fee of € 0.50 per calendar day or part thereof. At the same time, we shall remain entitled to insist on performance of the contract. After setting a reasonable grace period, we also have the right to withdraw from the contract and to dispose of the goods otherwise. Any purchase price already received will be refunded minus the costs incurred.

6. right of withdrawal

1. Customers who are consumers within the meaning of the Austrian Consumer Protection Act or similar laws in their respective countries of residence may withdraw from a contract concluded by distance selling (or a contractual declaration made by distance selling) within a period of 14 calendar days after delivery of the ordered goods. The right of withdrawal only applies to consumers in the sense of § 1 KSchG and also only if the contract was concluded outside our business premises (§ 3 Z 1 FAGG) or as a distance contract (§ 3 Z 2 FAGG).
   
   
2. Dieses Rücktrittsrecht besteht nicht bei Verträgen des § 18 FAGG, insbesondere aber nicht für die Lieferung von Waren, die nach Kundenspezifikation angefertigt werden bzw. die eindeutig auf die persönlichen Bedürfnisse des Kunden zugeschnitten wurden.
   
   
3. In order to make use of the right of withdrawal, it is sufficient if the declaration of withdrawal is sent within the period without giving reasons. Saturdays, Sundays and public holidays count towards the calculation of the deadline. The declaration of withdrawal is not bound to any particular form and can be made in writing by e-mail to office@allpure.at or by post to the address of ALLPURE GmbH, Johann-Strauß-Straße 33, 4600 Wels.
   
   
4. In the event of withdrawal, the purchase price including shipping costs will only be refunded concurrently with the return of the goods received from the customer.
   
   
5. The goods should be returned in unused and as new resalable condition and in the original packaging. In the case of items that are impaired by signs of use, provided that these have not been caused by normal intended use, we will charge an appropriate fee for the reduction in value. The same applies if accessories and parts are missing when the goods are returned.
   
   
6. The costs of the return shipment shall be borne by the customer. If the goods are returned freight collect, we are entitled to retain or invoice a corresponding amount.
   
   
7. The means of payment you used to process your payment will be used for the repayment, unless expressly agreed otherwise with you and you incur costs as a result.

7. warranty

1. In the absence of other provisions in these GTC and/or in the contract, the statutory provisions shall apply.
   
   
2. ALLPURE does not warrant against ordinary wear and tear of the goods or against defects caused by improper handling.
   
   
3. The improvement or replacement to be carried out within the scope of the warranty shall - in the absence of any other agreement - be carried out within a period of four weeks. Accordingly, the customer shall return the defective goods without undue delay and ALLPURE shall then be entitled to improve or replace them. Only if the improvement or replacement is impossible, would involve a disproportionately high effort for ALLPURE, or ALLPURE is unable to comply with the request for replacement or improvement, or is unable to do so within a reasonable period of time, shall the customer be entitled to demand a price reduction or rescission. In the case of minor defects, redhibitory action is excluded.
   
   
4. When ordering personalized products using characters (e.g. names, lettering,...) and logos, ALLPURE points out that the goods will be manufactured and delivered as ordered by the customer. Therefore, it is necessary for the customer to pay special attention to the avoidance of typing and spelling errors when filling out the text fields during the ordering process.
   
   
5. Insofar as ALLPURE has expressly promised guarantees, these shall only apply if the goods are used properly, in particular if they are used, installed and cared for properly. Wear and tear of any kind as well as damages caused by customers or third parties are excluded from the warranty promise. For warranties promised by manufacturers, their warranty conditions apply exclusively.
   
   
6. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. ALLPURE is therefore not liable for the constant and uninterrupted availability of the online trading system, nor for technical and electronic errors during a sales transaction over which ALLPURE has no control, in particular for the delayed processing or acceptance of offers.

8. retention of title

1. The goods remain the property of ALLPURE until full payment has been received. The assertion of the retention of title or the seizure of the delivery item by ALLPURE shall not be deemed a withdrawal from the contract.

9. privacy and data protection

1. ALLPURE uses the data provided by the customer (name, gender, address, e-mail address, telephone number, bank details) exclusively for the corresponding purpose and in compliance with the applicable legal provisions; any further use will only take place with the express consent of the customer. The customer may object to the use of his data at any time.
   
   
2. The customer expressly agrees that ALLPURE may process the customer's personal data referred to in the preceding paragraph for the purpose of providing access to the contractual services (use of the website www.allpure.at and in particular the online store for the purchase of ALLPURE products), for communicating with the customer (in particular sending newsletters) and for processing the customer's order. For the purpose of fulfilling the contract, namely delivery, the personal data of the customer will be forwarded to the carrier, as far as this is necessary for the delivery of the goods. The forwarder is also obliged to use the personal data of the customer exclusively in accordance with the provisions of the applicable data protection law.
   
   
3. However, the customer may revoke its declaration of consent under data protection law at any time without stating reasons by submitting a written declaration to ALLPURE, whereby the further use of the data by ALLPURE for purposes other than those necessary for the performance of the contract becomes inadmissible. In the event of consent, the customer may query, modify or delete the stored data at ALLPURE and revoke his consent at any time.
   
   
4. After cancellation of the purchase process, the data stored by us will be deleted. In the event that a contract is concluded, all data from the contractual relationship will be stored until the expiry of the retention period under tax law (7 years).
   
   
5. This Privacy Policy can be viewed and accessed at any time on ALLPURE's website.

10. limitation of liability

1. ALLPURE is liable, with the exception of injury to life, limb and health, only for damages resulting from intentional or grossly negligent conduct. Liability for consequential damages and lost profits is excluded.
   
   
2. Except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, limb or health, liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract and otherwise to the amount of the average damage typical for the contract.
   
   
3. The limitations of liability set out in paragraphs 1. and 2. above shall also apply mutatis mutandis in favor of ALLPURE's employees and vicarious agents.
   
   
4. Claims based on the Product Liability Act shall remain unaffected. 

11. information on online dispute resolution

1. The European Commission established an Internet platform for online dispute resolution on February 15, 2016. This is intended to enable consumers and traders to settle disputes in connection with online sales contracts or online service contracts simply, efficiently, quickly and out of court. The platform can be accessed via the website http://ec.europa.eu/consumers/odr. We prefer the direct clarification of your concerns and do not participate in consumer arbitration proceedings. In the given case, we ask you to contact us at office@allpure.at.

12. final provisions

1. The contract language is German.
   
   
2. ALLPURE reserves the right to change the GTC at any time.
   
   
3. The place of performance is the registered office of ALLPURE.
   
   
4. The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions of these GTC. The contracting parties are obliged to agree on a new provision that comes closest to the purpose of the invalid provision.
   
   
5. Offsetting against our claims with counterclaims of any kind whatsoever is excluded.
   
   
6. All legal transactions, in particular those subject to the contractual (delivery) agreement and these General Terms and Conditions, shall be governed exclusively by Austrian substantive law, excluding the conflict-of-law rules of Austrian private international law and the provisions of the UN Convention on Contracts for the International Sale of Goods.
   
   
7. For all legal disputes arising from or in connection with the present contractual relationship - with the exception of contractual relationships with consumers within the meaning of the Consumer Act - the relevant court in Wels shall have exclusive jurisdiction. If the customer is a consumer within the meaning of the Consumer Act, the court in whose district the customer's domicile, habitual residence or place of employment is located shall have jurisdiction over any legal disputes.

 

Stand: 1.1.2026