Terms and conditions

The general terms and conditions (termed "GTC" in the following) of the Forellen Jobst OG, Bruggen 25, 9761 Greifenburg, AUSTRIA, VAT Identification Number (UID): ATU78655439 (termed "Forellen Jobst" in the following) apply to all contractual agreements that are concluded as part of the webshop www.forellen-jobst.at between Forellen Jobst and private or commercial clients, in the version valid at the time of order. By placing an order, the client agrees to these GTCs. These GTCs apply to all future transactions even without a renewed explicit agreement. Changes and additions to the GTCs as well as verbal agreements that deviate from the contents of the GTCs only take effect after a written confirmation by Forellen Jobst. Forellen Jobst explicitly objects to any GTCs of business or purchase issued by the client. GTCs put forward by the client that deviate from the here-stated GTCs have no validity unless their validity is agreed upon in written form.

The contract language is German. All other information, customer service, and complaint handling are available in German.

These GTCs and the contracts to be concluded factoring in these GTCs are subject to Austrian substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the legal transaction is not concluded with a consumer, the parties agree upon the exclusive jurisdiction of the Klagenfurt court with subject-matter jurisdiction. The place of fulfillment for services and payments is the registered office of Forellen Jobst.

The EU Commission offers the possibility for online dispute resolution on one of their online dispute resolution platforms. These dispute resolution platforms are accessible through this external link: http://ec.europa.eu/consumers/odr.

We point out that in order for the fulfillment of the contract, names, addresses, phone numbers, fax numbers, and email addresses as well as payment information of the customers of Forellen Jobst are stored on data storage devices for the purpose of EDP-supported supervision (accounting, customer file). Customer data is not shared with third parties unless it is necessary for the fulfillment of the order (e.g., the executive delivery company). Applied technologies are Digital Ocean (server and hosting), Shopify, and Google Analytics.

All offers by Forellen Jobst are invitations to the customer to make an offer. The offers by Forellen Jobst are nonobligatory. The customer's order is a formalized offer for the conclusion of a contract. The order can be placed online, by phone, or by e-mail.  An order can only be placed if the customer data is provided in full. A confirmation of the receipt of the order is sent via an automated e-mail shortly after placing the order but does not represent an acceptance of the contract. The contract is only concluded once Forellen Jobst accepts the offer by dispatching the ordered goods to the customer.

The shipping costs are listed separately during the ordering process. The product prices stated by Forellen Jobst at the end of the ordering process are in principle final prices and contain the shipping costs as well as the statutory value-added tax (VAT) for customers that are consumers. The price calculation of the fish is made by gram and listed on the website. As fish is a natural product, the actual weight can vary by up to +/- 25% from those listed in the webshop.

Unless a discount is specifically agreed upon, the customer is not allowed to deduct any discounts. Forellen Jobst accepts the following forms of payment: PayPal, Klarna, debit or credit cards, instant bank transfer, Amazon Pay, and Apple Pay.

At the order on account, the customer receives the account details on which the payment must be made. The payment must be made immediately upon receipt of the invoice. In case of default of payment, default interests in the statutory amount (for trades between businesses, the amount is explicitly 9,2 % above the base interest rate of the Austrian National Bank) are being charged. Furthermore, a reimbursement for operating costs amounting to € 40,00 will be charged in case of default of payment for trades between businesses.

Additional statutory charges are unaffected. Unless the customer is a consumer, the reclamation of goods does not justify the retention of the purchasing price due to Forellen Jobst. Offsetting of own claims against the claims by Forellen Jobst is inadmissible provided the claim is not uncontroversial or not legally established or not in relation to the commitment of the customer.

Forellen Jobst executes orders without unnecessary delay. The dispatch of ordered goods takes place on only selected days listed on the website. Diverging days of dispatch are not designated. Stated appointed dates and delivery dates, however, are not binding and function as approximations unless they are explicitly and in written form declared to be binding. Delivery ensues in eco-friendly, compostable Landpack boxes (https://landpack.de/) that guarantee optimal cooling conditions. The delivery address provided by the customer is applied unless otherwise agreed upon. If the delivery to the customer is not possible because the customer does not accept the goods, or the provided delivery address is incorrect, the customer assumes the costs for the unsuccessful delivery. If the customer is not a consumer, the customer is obligated to report shipping damage immediately upon discovery and in written form to Forellen Jobst as well as the hauling firm, postal service, or other deliverer. Forellen Jobst reserves the right to send orders of multiple products individually or as a single delivery, in particular, if the ordered amounts are not available all at once. Forellen Jobst ships only to private addresses in Austria and Germany.

The customer is obligated to provide truthfully all information and circumstances necessary for the fulfillment of the service to Forellen Jobst. Changes of circumstances, in particular changes in customer information (name, address, e-mail) must be brought to the knowledge of Forellen Jobst immediately.

Forellen Jobst provides the customer with information about food and lists the allergens for each individual product. It is the customer's responsibility to consult this information and potentially refrain from purchasing. As the ordered goods are perishable foods, the customer has to pay attention to the date of expiry. Consumption or use after the date of expiry should be refrained from. The customer has to store the products in a cool and dark place. Inappropriate storage can lead to a shortening of the storage life of the product.

Forellen Jobst delivers exclusively fresh foods. As fish are goods that perish quickly and have a short storage life, the customer does not have the right to withdraw. All products that are not foods are exempt.

The delivered goods remain the property of Forellen Jobst until all contractual claims including interest, illegitimate discounts, or other deductions not recognized by Forellen Jobst, and resulting costs regardless of legal basis are paid.

If the customer is a consumer, the general warranty rights apply. Warranty includes the legally defined liability of Forellen Jobst for defects that the purchased goods display at the time of delivery to the customer. Defects that emerge at a later point in time are not generally covered by warranty.

Warranty claims must be made within two years from the date of delivery, whereby within the first six months, Forellen Jobst has to prove that the defect was not present at the time of delivery. From the start of the seventh month past delivery, the burden of proof lies with the customer.

In this case, Forellen Jobst has the right to offer a correction or replacement. Only if a correction or replacement is not possible or it would lead to a substantial financial burden for Forellen Jobst, or if Forellen Jobst cannot fulfill the request for correction or replacement at all or within a reasonable time, the customer is allowed to request a price reduction or a cancellation of the agreement. As long as the customer is not a consumer, the customer has to check the delivered goods immediately upon delivery for their completeness and conformity to the order. Defects need to be reported in written form and including a detailed description within the following time frames: Obvious defects need to be reported immediately upon delivery, defects visible upon proper inspection need to be reported within three days upon delivery, and all other defects need to be reported within a week upon discovery. If such a complaint is omitted, the provisions of the warranty laws apply. Between customers who are not consumers and Forellen Jobst, a warranty period of one year is agreed upon.

As far as the customer is a consumer, the general liability laws. Liability for slight negligence is excluded. Damage claims become statute-barred after three years upon knowledge of the damage and liable party. As far as the customer is not a consumer, Forellen Jobst does not assume liability for a certain result and in any case only for non-accidental neglect of duty and only to a maximum of the general value of the goods ordered by the customer. Liability for slight negligence is excluded regardless. Furthermore, Forellen Jobst only assumes liability for typical and foreseeable damage, meaning those whose possible occurrence could be reasonably foreseen based on the circumstances at the time of the contract conclusion. Claims for consequential damage as well as damage for which the customer can have insurance coverage or that are manageable by the customer, for other mediate damage and loss or loss of profit as well as general financial loss, in particular, due to inadequate, omitted, or delayed service provision, are explicitly excluded. The damage claims of customers who are not consumers become statute-barred within six months upon knowledge of the damage and liable party; the compensation following the Product Liability Act is based on the regulations of the statute of limitations. Recourse liability in terms of § 12 of the Product Liability Act (PHG) is excluded unless the beneficiary proves that errors were made by Forellen Jobst and resulted from grossly negligent behavior.

As far as the customer is not a consumer, force majeure or other unpredictable impediments in the domain of Forellen Jobst release Forellen Jobst from the fulfillment of the contractual commitment. All business and traffic disruptions, improper service provision by subcontractors, transportation disruptions, or product discontinuation all count as force majeure. For the duration of the stated disruptions, Forellen Jobst is released from the service provision without resulting in the right for price reduction or other damage claims on the side of the customer.

The invalidity of one term of these GTCs does not affect the remaining terms. The invalid term is to be replaced by a commercially equal or similar but valid term.