1. § Scope

  1. The following terms and conditions are part of every contract between Greenate Trading GmbH, Warmbaderstraße 76, A-9504 Villach-Warmbad (also referred to as GT) and the customer.
  2. GT offers your products for sale in your online shop. The services to be provided by GT are provided exclusively on the basis of these terms and conditions. The terms and conditions are always available on your website.

2. § Conclusion of the contract

  1. GT presents its goods on the Internet and this is NOT a binding offer.

  2. GT presents its goods on the Internet.

  3. By arbitrarily selecting the offers and placing them in the shopping cart, there is still NO binding offer for the customer. At this point in time, the customer can empty the shopping cart or change the number of products. By clicking on CONTINUE TO CHECKOUT, the customer is directed to another page where he gets an overview of his order and delivery conditions.
    Furthermore, the customer must specify the following points:

    • Surname
    • Country
    • Address
    • Telephone number
    • email address

    After confirming the terms and conditions and clicking ORDER PAID, the order process is completed and the binding order is submitted. The customer will be notified of the receipt of the order immediately after completing the order process. GT will properly process the order and the order data provided by the customer, which are specified in §3. Privacy policy of the terms and conditions are explained. The customer also receives his order details by email.

  4. This order confirmation, which was sent to the customer by email, also represents GT’s acceptance of the purchase contract.

3. § Data protection declaration

  1. The validity of this data protection declaration applies to the GT website. The information on which data is recorded when visiting or using the website, how it is used, processed or passed on, can be found below by the customer.
  2. Responsible body for data processing via the named website is:

    The data protection officer is:
     FINCITY office@fin.city

    If you have any questions about the use, collection, processing of personal data or the assertion of rights named in the data protection declaration, the customer should contact the above-mentioned data protection officer.

  3. In accordance with data protection regulations, GT undertakes to respect the personal data and privacy of its customers, treat them confidentially and protect them. The collection, storage, modification, transmission, blocking, deletion and use of personal data are managed on the basis of the applicable legal provisions, in particular on the basis of the General Data Protection Regulation. The customer’s data at GT are protected against accidental or intentional manipulation, destruction or loss by technical and organizational security measures by unauthorized persons.

  4. Access data and cookies
    Each time the website is accessed, the Internet browser transmits the following data to the SELLER’S web server as standard:
    • Date & time of access
    • IP address of the sender
    • The requested resource
    • The http method
    • http user agent headers

    However, the SELLER’s web server stores this data separately from other data; this data is assigned to a specific person SELLER not possible. After an anonymous evaluation for statistical purposes, this data will be deleted immediately.

    In addition, cookies are stored on the customer’s computer when the SELLER’s website is used. Cookies are small text files that are stored on the hard drive of the browser used by the customer and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.

    The SELLER uses session cookies in order to be able to assign inquiries and requirements of the customers. Session cookies enable the SELLER to measure the frequency of page views and general navigation. Session cookies are characterized by the fact that they are automatically deleted from the customer’s hard drive 60 minutes after the cookie has been set. The session cookie stores:

    • Name: The cookie name
    • Content: The session ID generated by the accessed website
    • Domain: The website accessed
    • Send for: Any connection type.

    The session cookie has no influence on customer privacy. No customer data is read out and saved, only technical data generated by the system itself. The purpose of this session cookie data is to allow the website to be used correctly, including: this is the only way to correctly display the shopping cart.

    The SELLER also uses a sponsor cookie. The cookie stores:

    • Name: The cookie name
    • Content: The session ID generated by the accessed website
    • Domain: The website you are visiting
    • Send for: Any connection type.

    The cookie has no influence on the customer’s privacy, because no customer data is read out and stored, only technical data generated by the system itself. The purpose of these cookie data is to allow the website to be used correctly, including: the customer can only be correctly assigned to the partner on whose side he is the first time System has visited. The cookie cannot determine the identity or other data of the customer.

    The customer can reject cookies at any time, provided his browser allows this. Certain functions of the website, such as the ordering process, may not be able to be used or only to a limited extent if the customer’s browser is set so that no session cookies (from our website) are accepted.

    The SELLER stores this information for a period of 12 months.

    This data processing is based on Art. 6 Para. 1 lit.f) GDPR to safeguard the legitimate interests of the SELLER, namely the optimization of their offer.

  5. Collection and use of personal data when contacting us

    The customer’s data received through the establishment of contact will only be collected, processed and used to deal with your concerns. The transfer of the data to the internet service provider commissioned by us is also included. In this context, GT observes the basic principle of data economy. This means that only those data are shared that are absolutely necessary for the specific processing. These will continue to be used for continued smooth communication with the customer. GT does not pass on any data to third parties without their express consent, which can be revoked at any time. GT stores this data until the consent is revoked.

    This data processing is based on Art. 6 Para. 1 lit.f) GDPR to safeguard the legitimate interests of the SELLER, namely the optimization of their offer.

  6. Collection of personal data when concluding a contract and making payment

    As part of the order or registration process, only those personal data are collected that the customer voluntarily provides.

    This includes the following personal data:

    • names
    • birthday
    • Address
    • Telephone number
    • email address
    • and possibly a different delivery address
    • Payment data

    GT uses this data exclusively for the purpose of executing the contract and for the necessary communication with the customer. This includes the initiation, conclusion, processing, warranty and, if necessary, the reversal of the purchase contract. The data will be stored until the sales contract has been fully implemented. The duration of the storage can be up to 10 years.

    Art. 6 para. 1 lit.b) GDPR regulates the data processing for the execution of the contract

  7. data transfer

    The transfer of the customer’s personal data by GT will only be passed on to third parties if this is necessary for the execution of the contract or to safeguard GT’s legitimate interests. GT is used by external service providers (e.g. contract processors, …) for the execution of the contract. In order to ensure the protection of personal data here as well, a separate data protection agreement was agreed with the service provider for the order.
    In order to ensure that the delivery is carried out correctly, the customer’s first name, surname, address, email address and telephone number are forwarded to the shipping company to carry out the delivery.

    For correct payment processing, the customer’s payment details are:

    • First name
    • Surname
    • Address
    • email address
    • Telephone number
    • Date of birth
    • Account details

    forwarded to credit institutions or payment intermediaries. These are:

    • Unzer GmbH
    • Raiffeisen Bank Leibnitz, Austria

    If you pay by credit card, your payment details will be sent to MasterCard or Visa.

    Art. 6 para. 1 lit.b) GDPR regulates the data processing for the execution of the contract.

  8. Use of the data for advertising purposes, newsletters

    If the customer has agreed in advance to use his personal customer data to send a newsletter, GT will make use of this. GT uses the customer’s email address and name to send the newsletter. In order to consent to the sending of the newsletter, the customer must click on a box next to the corresponding consent text.
    The customer can unsubscribe from the newsletter at any time using the unsubscribe link at the end of the newsletter.

    The newsletter is sent by external service providers with whom GT has concluded separate order data processing. In this context, GT observes the basic principle of data economy. This means that only those data are shared that are absolutely necessary for the specific processing.

    By sending the newsletter, GT evaluates the customer’s user behavior. So-called web beacons or tracking pixels, which represent one-pixel image files, are the contents of the e-mails sent, which are important for the evaluation and are stored on the website.

    For the evaluations, the data provided by the customer and the web beacons are linked to the customer’s email address and an individual ID. The data is only collected in pseudonymised form, ie the IDs are not linked to the other personal data of the customer, and direct personal reference is excluded. The customer can object to this tracking at any time by clicking on the separate link provided in every email or by informing the SELLER via another contact channel. The information is stored for as long as the customer has subscribed to the newsletter. After unsubscribing, the SELLER saves the data purely statistically and anonymously.

    Article 6 (1) (a) GDPR regulates data processing based on the customer’s consent.

  9. Use of social media plugins

    The SELLER currently uses the following social media plug-ins: Facebook, Instagram, Twitter and Tik Tok. The so-called two-click solution is used for this. This means that when the customer visits the SELLER’s website, no personal data is initially passed on to the plug-in provider. The customer recognizes the provider of the plug-in by marking on the box above its initial letter or the logo. The SELLER gives the customer the opportunity to use the button to communicate directly with the provider of the plug-in. The plug-in provider only receives the information that the customer has accessed the relevant SELLER website if he clicks on the marked field and thereby activates it. In addition, the data mentioned in the “Access data” section of this declaration is transmitted. In the case of Facebook, According to the respective provider in Germany, the IP address is anonymized immediately after it is collected. By activating the plug-in, personal data of the customer is transmitted to the respective plug-in provider and stored there (in the case of US providers in the USA). Since the plug-in provider collects data in particular via cookies, the SELLER recommends that customers delete all cookies via the security settings of their browser before clicking on the grayed-out box.

    The SELLER has no influence on the collected data and data processing operations, nor is she aware of the full scope of the data collection, the purposes of processing or the storage periods. It also has no information on the deletion of the data collected by the plug-in provider.

    The plug-in provider saves the data collected about the customer as a usage profile and uses this for advertising and market research purposes and / or needs-based design of its website. Such an evaluation takes place in particular (also for users who are not logged in) to display needs-based advertising and to inform other users of the social network about the activities of the customer on the SELLER’s website. The customer has the right to object to the creation of these user profiles, whereby he must contact the respective plug-in provider to exercise this right. Via the plug-ins, the SELLER offers the customer the opportunity to interact with the social networks and other users, so that the SELLER can improve her offer and make it more interesting for the customers.

    The data is passed on regardless of whether the customer has an account with the plug-in provider and is logged in there. If he is logged in with the plug-in provider, the data we collect will be assigned directly to his account with the plug-in provider. If the customer clicks the activated button and, for example, links the page, the plug-in provider also saves this information in the customer’s user account and shares it publicly with the customer’s contacts. The SELLER recommends that customers log out regularly after using a social network, but especially before activating the button, as this allows them to avoid being assigned to their profile with the plug-in provider.

    The customer can obtain further information on the purpose and scope of the data collection and its processing by the plug-in provider in the data protection declarations of these providers, which are provided below. There he also receives further information on his rights in this regard and setting options to protect his privacy.

    Addresses of the respective plug-in providers and URL with their data protection information:

    Art. 6 Para. 1 lit.a) GDPR regulates the data processing based on the consent of the customer.

    Article 6 paragraph 1 letter f) GDPR regulates the protection of the legitimate interests of GT, namely the optimization of its offer.

  10. Rights of the customer as a data subject

    Users have the right to:

    • Information about the processing of your data
    • Restriction of processing
    • Objection to processing
    • Data portability
    • Revocation of your given consent with effect for the future
    • Complaint to the data protection supervisory authority

The competent supervisory authority is that of the customer’s place of residence.
A list of all supervisory authorities can be found under the following link: https://www.dsb.gv.at/rechte-der-bechteren

4. § Terms of delivery

  1. Unless otherwise agreed with the customer, delivery is made from the warehouse to the customer’s specified delivery address. Depending on the delivery service, delivery takes place between 7-14 working days, Monday to Friday, with the exception of public holidays, being regarded as working days. The delivery period begins after receipt of payment.
  2. If additional shipping costs arise due to incorrect information regarding the delivery address or addressee GT, these are to be reimbursed by the customer.

5. Shipping / Shipping costs

GT delivers to the following countries at the following shipping costs: https://greenate.net/en/shipping-delivery/

6. § Terms of Payment

  1. The customer can choose to pay in advance, SEPA direct debit, credit card providers MasterCard and Visa and instant transfer.
  2. All prices are to be understood as total prices including statutory sales tax, but plus shipping costs.

7. § Retention of Title

GT remains the owner of the goods until full payment has been made.

8. § Instructions on Withdrawal 

  • Right of withdrawal

    The contract can be revoked within fourteen days without giving reasons

    The period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

    In order to exercise your right of withdrawal, you must inform us, Greenate Trading GmbH, Warmbaderstrasse 76, 9504 Villach-Warmbad, by means of a clear declaration by letter of your decision to withdraw from this contract.

    To meet the deadline, the notification must be sent before the withdrawal period has expired.

  • Consequences of Withdrawal

    If the contract is canceled, we are obliged to repay all payments that we have received from you (including delivery costs => exception: if you have chosen a different type of delivery from our standard delivery) immediately but no later than 30 days. The period begins to run from the receipt of the revocation. The same means of payment that you used to pay for the goods will be used for repayment. We can refuse repayment until we have received the goods. The goods must be returned immediately and in any case no later than fourteen days from receipt of the goods or they must be handed over.
    The deadline is met if you send the goods within fourteen days.

    Once the sealed bottles have been opened, the right of return expires.

  • Model withdrawal form

    Please note the following notation for revocation of the contract:

    – To Greenate Trading GmbH, Warmbaderstraße 76, A-9504 Villach-Warmbad

    – I / we (*) hereby revoke the contract concluded by me / us for the purchase of the following goods

    – Ordered on (*) / received on (*)

    – Name of the consumer(s)

    – Address of the consumer(s)

    – Signature of the consumer (s) (only if this is notified on paper)

    – date

    (*) Delete where inapplicable

9. § Liability for defects / limitation of liability

  1. Every customer has a statutory right to liability for defects. The statutory provisions on liability for defects apply, unless otherwise stated in the following limitations of liability with regard to damages.

  2.  GT is liable – with the exception of injury to life, body and health and the breach of essential contractual obligations (handover and transfer of ownership of the goods) – only for damage that can be traced back to willful or grossly negligent behavior. This also applies to indirect consequential damage such as, in particular, lost profit.

  3.  Except in the case of willful or grossly negligent behavior or damage resulting from injury to life, limb and health and the violation of essential contractual obligations (handover and transfer of ownership of the goods), the amount is limited to the damage that is foreseeable at the time the contract was concluded and typical for the contract . This also applies to indirect consequential damage such as, in particular, lost profit.
  4. The limitation of liability in paragraphs 1 and 2 also applies in favor of GT’s vicarious agents
  5. Liability based on the Product Liability Act remains unaffected.

10. § Information on dispute resolution

  1. OS platform (online dispute resolution) is an out-of-court dispute resolution platform provided by the European Commission. It is available at: http://ec.europa.eu/odr
  2. GT always endeavors to resolve any differences of opinion arising from the contractual relationship in an amicable manner. GT will not participate in a state-recognized consumer arbitration board. Legal recourse is open to everyone at any time.

11. § Final provisions

  1. The law of the Republic of Austria applies to the exclusion of the UN sales law. Mandatory provisions of the country in which the customer has his habitual residence remain unaffected.
  2. The contract language is German.
  3. In the event of a legal dispute, the customer accepts Villach as the place of jurisdiction with the consent of the ABG