Terms & Conditions

Version of 18.02.2025

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of

2049 Sustainability GmbH
Glangasse 24/3
1210 Vienna / Austria
Austria
Phone: + 43 676 464 21 06
Email:   info@2049.eu

apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to his goods and services. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

A consumer is any natural person who engages in a transaction that is not part of the operation of their business. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Stock corporations, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European economic interest groups (EEIG), European companies (SE) and European cooperatives (SCE) are entrepreneurs by virtue of their legal form.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After configuring the selected goods or services and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods or services contained in the shopping cart by clicking the button that finalizes the order. The customer can also place the order by email or telephone. Upon receipt of the order, the customer receives a separate, automated confirmation of receipt. Such confirmation does not yet constitute acceptance of the offer.

2.3 The seller may accept the customer's offer within three working days,

• by sending the customer a written order confirmation or an order confirmation in text form (e.g. email), whereby receipt of the order confirmation by the customer is decisive, or
• by asking the customer to pay after placing his order.

If both are present, the contract is concluded at the point in time when one of the alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the third working day following the sending of the offer. If the seller does not accept the customer's offer within the above period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

If the customer selects a payment method as part of the online ordering process by clicking the button that completes the ordering process and at the same time issuing a payment order to his payment service provider to transfer the money directly to the seller's account, the seller already declares this in deviation from Section 2.3 now the acceptance of the customer's offer at the moment when the money arrives in the seller's account.

2.4 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email) after the order has been submitted. If the customer has created a user account in the seller's online shop before submitting their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.

2.5 The following languages ​​are available for concluding the contract:

Bulgarian, Chinese, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Japanese, Latvian, Lithuanian, Maltese, Norwegian, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish.

2.6 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers residing in the EU generally have a right of withdrawal when concluding a distance contract. Please refer to the cancellation policy for further details.

A distance contract is a contract between the seller and a consumer, concluded without the simultaneous physical presence of the seller and the consumer, whereby up to and including the conclusion of the contract only means of distance communication (email, Internet, telephone) are used.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product and service description, the prices quoted are total prices, including statutory VAT but excluding shipping costs. The applicable shipping costs are calculated when the recipient's address is entered during the order process.

4.2 The seller offers the following payment methods in the online shop: credit card payment, Apple Pay, Google Pay, Giropay, EPS, Paypal, prepayment.

4.3 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

5) Retention of Title/Rights

5.1 The seller retains ownership of the goods provided to its customers, whether consumers or entrepreneurs, until full payment of the purchase price owed.

6) Delivery and shipping conditions

6.1 Please refer to the delivery and payment terms for the countries we deliver to.

6.2 Goods will be delivered by mail to the delivery address specified by the customer.

6.3 If the customer is acting as a business, the risk of loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or company designated to carry out the shipment. If the customer is acting as a consumer, the risk passes to the consumer only when the goods are delivered to the consumer or to a third party designated by the consumer who is not the carrier. However, if the consumer has concluded the transport contract himself without making use of a selection option offered by the seller, the risk passes to the consumer upon handover of the goods to the carrier.

6.4 If the seller incurs additional costs due to the provision of an incorrect delivery address or recipient, or other circumstances that render delivery impossible, these costs shall be borne by the customer, unless the customer is not responsible for the incorrect information or the impossibility of delivery. The same applies if the customer was temporarily prevented from accepting delivery, provided the seller had given the customer reasonable prior notice of the delivery, unless the customer, as a consumer, has rightfully exercised their right to withdraw from the contract.

6.5 If a delivery delay occurs due to force majeure (e.g., pandemic, strike, severe weather, disasters, war, etc.), the delivery period shall be extended by the duration of the delay. Any resulting claims for damages are excluded. For customers who are businesses, this also applies if the delivery delay occurs for other reasons attributable to the suppliers. The customer's statutory right to withdraw from the contract after setting a reasonable grace period remains unaffected in any case.

7) Warranty/Liability

7.1 The provisions of the statutory warranty apply.

The seller is responsible for ensuring that the goods have the objectively required properties in addition to the contractually agreed properties. This does not apply if the consumer expressly and separately agrees to the deviation of a certain feature from the objectively required properties when concluding the contract, which he does by placing his order after he has been specifically informed of this deviation in the product description.

If the customer acts as an entrepreneur, the following also applies:

• In principle, an insignificant defect does not justify any warranty claims,
• The seller has the choice of how to remedy the defect
• The statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
• If the customer acts as an entrepreneur within the meaning of UGB, he is subject to the commercial obligation to examine and give notice of defects in accordance with § 377 UGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

The seller is not liable for slight negligence, unless personal injury is involved. These liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

8) Jurisdiction/Applicable Law

8.1. All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers residing or habitually resident in the EU, this choice of law applies only to the extent that it does not deprive them of the protection aforded by mandatory provisions of the law of the country in which they have their habitual residence. For consumers residing or habitually resident outside the EU, this choice of law applies only to the extent that it does not grant them a right of withdrawal and only to the extent that it does not conflict with mandatory national provisions of the law of the consumer's place of residence or habitual residence.

8.2. In dealings with entrepreneurs, the competent court at the seller's place of business shall be the court with exclusive jurisdiction.

9) Customer complaints

9.1 For customer complaints, you can reach us at the email address info@2049.eu