Scope
Our General Terms and Conditions (GTC) form the basis for all offers, contracts, sales, deliveries, and services that we conclude or provide. They are binding even if we do not expressly refer to them. Deviating provisions, in particular the GTC of our contractual partner, are only binding for us if they have been expressly accepted by us in writing before the contract is fulfilled. Should the contractual basis be contradictory, the following order of precedence applies: special agreements confirmed by signature in the order confirmation or other correspondence, our GTC, and the relevant default provisions of civil law.
These terms and conditions apply to all sales and orders placed through our online shop, for both consumers and businesses. Consumers, according to consumer protection law, are natural persons who are not entrepreneurs. Businesses are persons for whom the transaction is part of their business operations. Any organization engaged in independent economic activity on a permanent basis, even if not profit-oriented, is considered a business. Public legal entities are always considered businesses.
If a business uses conflicting or supplementary terms and conditions, we hereby object to their validity. They will only become part of the contract if we have expressly agreed to them in writing.
Contract conclusion and obligations of the buyer
Our offers and price lists are not binding and are non-binding and subject to change.
We accept the buyer's offers within 14 days of receipt by means of a written order confirmation. The buyer remains bound by their offer until this period expires.
Orders, quotations, contracts, cancellations, order changes, and other agreements require our written confirmation or confirmation by email to be valid. Our silence does not constitute acceptance. The contract is only considered concluded when we have sent an order confirmation in writing or by email, or when we have made a delivery, after receiving the order. We are not obligated to inform the customer of the regulations applicable at the place of use.
The contractual relationship is with MyPilz GmbH.
The products and prices in the online shop are non-binding in every respect. You can initially place products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided in the ordering process. By clicking the order button, you are placing a binding order for the goods in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit it.
The conclusion of the contract with us depends on the payment method you choose:
- prepayment
We will accept your order by sending you a confirmation email within two days of receipt, including our bank details.
- credit card
We will accept your order by sending you a confirmation email within two days of receipt or by delivering the goods.
- PayPal
During the order process, you will be redirected to the PayPal website. There you can enter your payment details and confirm the payment instruction to PayPal. After you complete your order, we will request PayPal to initiate the payment transaction, thereby accepting your offer.
Right of set-off and retention
Contracting parties only have the right to set-off if their claims have been legally established by a court or expressly acknowledged by us. A right of retention may only be exercised if the opposing claim arises from the same contractual relationship.
Contract language, contract text storage
The contract language is German. We will save the contract text and send you the order details and our terms and conditions in written form.
Delivery terms
In addition to the product prices, shipping costs will apply; you can see the amount in the online shop or in our offers.
Right of withdrawal
You have the statutory right of withdrawal, which is described in the cancellation policy.
Force majeure; reservation of self-supply
In the event of delivery or performance delays due to force majeure or other circumstances beyond our control or that of our suppliers, such as traffic and operational disruptions, transport delays, transport damage, material shortages, labor shortages, fire damage, labor or raw material shortages, strikes or lockouts, and any other circumstances that may hinder or impair production or shipment, we are entitled to postpone delivery accordingly or to withdraw from the contract if the unfulfilled portion of the contract is affected. The buyer is not entitled to withdraw from the contract for these reasons.
In the event that goods are delivered with obvious transport damage, we ask consumers to report these defects immediately to the delivery person and contact us without delay. Failure to report the damage or contact us will not affect your statutory rights, and in particular your warranty rights. However, we would be grateful if you could assist us in asserting our own claims against the carrier or transport insurance company.
For business customers, the risk of accidental loss or damage passes to you as soon as we have handed the goods over to the carrier, freight forwarder, or any other person or entity designated to carry out the shipment. Business customers are subject to the inspection and notification obligations stipulated in Section 377 of the Austrian Commercial Code (UGB), in accordance with the following provisions. If you fail to inspect and notify us of defects in a timely manner, the goods are deemed accepted. The following conditions apply to claims by business customers: Obvious defects must be reported in writing within 3 business days of receipt; defects discovered later must be reported within 10 business days of discovery. The postmark is decisive. We are entitled to repair or replace the goods.
Jurisdiction
For all disputes arising from or in connection with this contractual relationship, the competent court in Vienna is agreed as the exclusive place of jurisdiction. This exclusive place of jurisdiction also applies to legal disputes with consumers, unless another place of jurisdiction is mandatory.
Default interest/reminder fees
In the event of late payment by the contractual partner, we are entitled to charge default interest at the statutory rate. In addition, we may charge reminder and administrative costs of at least 101,000 of the gross contract sum for each written reminder. If a higher loss due to the delay can be proven, we are entitled to invoice this amount.
Deviating agreements
Any supplementary agreements that go beyond the content of the written contract and these General Terms and Conditions may only be made with persons registered in the commercial register as authorized representatives. Our employees are not authorized to make verbal commitments.
Payment default
Should the contractual partner default or should their financial situation be unfavorable from our perspective, we reserve the right to:
- to postpone our own obligations until the outstanding payments are received;
- to request an extension of the delivery period;
- to demand immediate payment of the entire outstanding contract price (loss of term);
- To demand, at our discretion, security for all claims arising from all agreements – including those not yet due;
- to charge default interest from the due date, as well as to demand all costs and expenses incurred through judicial or extrajudicial collection attempts;
- We may withdraw from the contract if a reasonable grace period is not observed, without having to set a grace period with a threat of withdrawal. It is sufficient if we actually grant a reasonable grace period.;
- To withhold and postpone any services we are obligated to provide to the contractual partner under other titles until the outstanding payments have been received.
Warranty and guarantees
Unless explicitly agreed otherwise, the statutory warranty rights apply, particularly in contracts with consumers. We only grant guarantees beyond the statutory warranty if these are expressly stated in our online shop or the contract documents.
For businesses, a warranty period of one year from the transfer of risk applies to newly manufactured goods, deviating from the statutory regulations. All warranties are excluded for used goods. The statutory limitation periods for recourse claims under Section 933b of the Austrian Civil Code (ABGB) remain unaffected.
The agreed-upon condition of the goods is exclusively defined by our specifications and the manufacturer's product descriptions that have been incorporated into the contract. We are not liable for public statements made by the manufacturer or other advertising claims.
If the delivered goods are defective, we will initially provide a warranty to entrepreneurs by remedying the defect (repair) or delivering a defect-free item (replacement delivery).
Our customer service can only be reached in writing at shop@mypilz.eu.
Liability
Our liability is limited to damages caused by us, our legal representatives, or agents through gross negligence or intent. However, we are liable in accordance with statutory provisions.
- in case of injury to life, body or health
- in the case of warranty promises, if agreed upon, or
- insofar as the scope of application of the Product Liability Act is opened.
In this context, we are liable for slight negligence only for breaches of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations).
To the extent permitted by law, the compensation we are required to pay is limited to foreseeable damages that are typically expected to occur.
If you have any questions or concerns, please feel free to contact us by email at office@mypilz.eu.
Disclaimer regarding the release of fungal spores
MyPilz GmbH offers customers a service that allows them to isolate, characterize, and propagate soil fungi from their own soil. We expressly point out that MyPilz assumes no liability for the consequences of the application of the fungi.
The customer bears sole responsibility and risk for the implementation. MyPilz merely provides information and recommendations; however, the application of the mushrooms is at the customer's own risk. It is the customer's responsibility to take all necessary measures to ensure the proper application of the mushrooms.
MyPilz assumes no guarantee or liability for the success or effects of applying the mushrooms.
By concluding the contract, the customer agrees to indemnify and hold harmless MyPilz GmbH from any liability for damages or losses in connection with the use of the service, including those suffered by third parties and asserted against our contractual partner or against us.
Retention of title
The goods remain our property until full payment is received. For businesses, the following also applies: We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.
Ownership of the goods shall only pass to the buyer upon full payment of all claims arising from the purchase agreement. In the event of seizure of the goods or other third-party claims, the buyer shall immediately inform us in writing and provide all necessary information to defend against such claims. The buyer is not entitled to resell or otherwise dispose of goods subject to our retention of title.
Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR) for consumers, which you can find here (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage). We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
Privacy policy
By concluding this contract, you give your consent that we may process your data automatically in accordance with the EU General Data Protection Regulation and the Austrian Data Protection Act, as set out in the separate privacy policy.
Right of withdrawal
Consumers can withdraw from their contract within 14 days without giving any reason by means of a clear statement. The period begins on the day on which you or a third party designated by you have taken possession of the goods.
The cancellation notice should be sent to:
MyPilz GmbH
Wienerbergstraße 55/13-15, 1120 Vienna
Email: office@mypilz.eu
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). If you withdraw from this contract, we will reimburse all payments received from you, excluding delivery costs, without undue delay and in any event no later than 14 days from the day on which we receive the returned goods. Reimbursement will be made using the same means of payment as you used for the initial transaction.
Final Provisions
Should individual provisions of these Terms and Conditions be or become wholly or partially unlawful or invalid, this shall not affect the validity of the remaining provisions. The applicable law shall apply in place of the invalid provisions.
