Terms of service
This is an English translation for your convenience. The contract language is German, and in case of doubt the German version applies.
Terms and Conditions
Overview
Welcome to ALBERT! This website and online shop are operated by:
Maximilian Albert Obauer (ALBERT)
Markt 40, Tür 1, 5450 Werfen, Austria
Email: hello@helloalbert.shop
Phone: +43 660 5455635
VAT ID: ATU83632302
“We”, “us” and “our” refer to ALBERT. These terms and conditions (“Terms”) apply to all orders placed through our online shop and to the use of our website, including all related content, features, products and services (the “Services”). ALBERT is run on the Shopify platform. The version of the Terms in force at the time of your order applies. The contract language is German.
Please also read our privacy policy and our withdrawal policy.
§ 1 – Access and account
Orders can be placed by persons of legal age. Minors may only order within the limits permitted by law or with the consent of their parents or guardians.
To place an order, we need certain information, such as your email address and your billing, payment and delivery details. Please make sure they are correct and complete. If you create a customer account, you are responsible for keeping your login details confidential. Your account is not transferable.
§ 2 – Our products
We do our best to show our products as accurately as possible. Colours may differ slightly depending on your screen and device settings. With natural products such as candles and room scents, slight variations in colour, texture or scent intensity can occur during production and do not constitute a defect.
Our products and content are meant to support your well-being. However, they are not a substitute for medical, psychological or psychotherapeutic advice or treatment.
We reserve the right to change product descriptions for future orders and to remove products from our range. Contracts already concluded remain unaffected.
§ 3 – Ordering and conclusion of the contract
The presentation of products in the shop is not yet a binding offer. By submitting your order, you make a binding offer to purchase. You will first receive an automatic confirmation of receipt, which does not yet constitute acceptance. The contract is concluded when we expressly confirm your order or ship the goods. We may decline an order, for example if a product is not available. In that case, we will inform you immediately and refund any payments already made.
We store the text of the contract and send it to you by email with the order confirmation.
As a consumer, you have a 14-day right of withdrawal. You'll find the details in our withdrawal policy. In addition, the statutory warranty rights apply to defective goods (see § 7).
Our offer is aimed at private customers. Commercial resale of our products is not permitted without our consent.
§ 4 – Prices and payment
All prices are final prices in euros. In accordance with § 6 (1) 27 Austrian VAT Act (UStG) (small business scheme), no VAT is shown. Shipping costs are clearly shown to you before you complete your order. For deliveries to countries outside the EU, customs duties or import charges may apply, which are to be paid by you.
The price at the time of your order applies. The available payment methods are shown to you during checkout. Separate conditions may apply to discount promotions, which we point out for each promotion.
§ 4a – Gift cards
Gift cards are sent to you by email after payment. They are valid for all products in our online shop and do not expire. You can split a gift card across several orders. You can check your remaining balance at any time via the link in the gift card email. If your order total is higher than the balance, you pay the rest with another payment method.
Gift cards cannot be redeemed for cash, not even partially, and no interest is paid on the balance. Gift cards cannot be used to buy other gift cards. Gift cards are transferable. If a gift card is lost, we will replace it if you can prove the purchase and the balance has not yet been redeemed.
§ 5 – Shipping and delivery
The delivery times given in the shop are estimates. If delivery is significantly delayed, we will inform you immediately. Your statutory rights in the event of late delivery remain unaffected.
The risk of loss of or damage to the goods only passes to you once the goods have been handed over to you or to a person named by you (not the parcel service).
The goods remain our property until paid in full.
§ 6 – Right of withdrawal
Consumers have the right to withdraw from the contract within 14 days without giving any reason. You'll find all details, the effects of withdrawal and the model withdrawal form in our withdrawal policy.
§ 7 – Warranty
The statutory warranty provisions apply. The warranty period is 2 years from delivery. Please report defects, transport damage or wrong deliveries as quickly as possible at hello@helloalbert.shop, ideally with photos, so we can help quickly. This does not limit your statutory rights.
§ 8 – Liability
We are liable without limitation for intent and gross negligence and for personal injury. For slight negligence, we are only liable for breaches of essential contractual obligations. Liability under the Product Liability Act remains unaffected.
Information on our website (e.g. blog posts or general notes on self-care) is for general information only and is not a substitute for individual professional advice.
§ 9 – Intellectual property
All content of our Services, in particular texts, images, graphics, designs, logos and the name ALBERT, is protected by copyright and trademark law. You may use it only for private, non-commercial purposes. Any reproduction, publication or modification without our prior written consent is not permitted.
§ 10 – Optional tools and external links
Our website may contain tools or links from third parties over which we have no control. The respective providers are solely responsible for their content and functions. Please note their terms of use and privacy notices.
§ 11 – Relationship with Shopify
ALBERT is run on Shopify. However, all purchases you make in our shop are made directly with ALBERT. Shopify is not a contracting party and is not responsible for sales between you and ALBERT.
§ 12 – Data protection
We process personal data collected through the Services in accordance with our privacy policy. As our shop is hosted by Shopify, certain data is also processed by Shopify and by service providers who may be located outside the EU. You'll find details in our privacy policy.
§ 13 – Feedback and reviews
If you send us reviews, feedback or other content, you grant us the free right to use and publish it in connection with our shop and our advertising. Please make sure your content does not infringe the rights of third parties and does not contain unlawful, offensive or misleading statements. We reserve the right to remove such content.
How we make sure reviews are genuine
We use the Judge.me app for product reviews. After shipping, we email customers an invitation to review the products they ordered. Reviews from people who ordered from us are marked as verified in the shop. Anyone who writes a review directly in the shop has to confirm it by email.
Reviews with 3 or more stars are published automatically. We read reviews with fewer than 3 stars before publishing, for example for insults, personal data, spam or no connection to the product. We do not change reviews and do not give anything in return for reviews.
§ 14 – Errors and mistakes
Despite careful maintenance, information in the shop (e.g. prices, descriptions, availability) may occasionally contain errors. We correct such errors as soon as we notice them. For contracts already concluded, the statutory provisions on mistakes apply.
§ 15 – Prohibited use
You may only use our Services lawfully. In particular, it is not permitted to transmit malware, circumvent security measures, read out content automatically (e.g. using bots or scraping tools), collect data of other users or impersonate another person. In the event of violations, we may block your customer account.
§ 16 – Agents
Software or services acting autonomously or semi-autonomously on behalf of a person (“agents”) may only use our Services if they openly identify themselves as an agent (label “Agent/[agent name]” in the user agent) and do not circumvent measures that distinguish humans from machines (e.g. CAPTCHAs). We may restrict or prohibit use by agents.
§ 17 – Applicable law and place of jurisdiction
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected. For actions against consumers who are resident or employed in Austria, only the court at their place of residence, habitual residence or place of employment has jurisdiction.
§ 18 – Final provisions
Should any provision of these Terms be invalid, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of the invalid provision.
We may amend these Terms for future orders. For contracts already concluded, the version in force at the time of the order applies.
§ 19 – Contact
If you have questions about these Terms, you can reach us at:
Maximilian Albert Obauer (ALBERT)
Markt 40, Tür 1, 5450 Werfen, Austria
Email: hello@helloalbert.shop
Phone: +43 660 5455635
VAT ID: ATU83632302