Terms of service
Terms and conditions for purchases via the platform https://tropicalmamamatcha.com/
between TROPICAL MAMA MATCHA powered by PIDPLATES GmbH, Alfred-Jäger-Weg 8, 5310 Mondsee, Austria, - hereinafter referred to as the „Provider“ – and the customers referred to in § 1 - hereinafter referred to as the „Customer“ -.
§ 1 Scope, Definitions
(1) The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the goods and services ordered cannot predominantly be attributed to their commercial or self-employed professional activity. A business, on the other hand, is any natural or legal person or partnership with legal capacity that, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity. Business status can be proven, for example, by providing a VAT ID number or other suitable evidence.
§ 2 Registration in the online shop;
Processing of personal data
(1) The Customer can order goods in the online shop as a guest or as a registered user. As a registered user, the Customer does not have to provide their personal details every time, but can log in to their customer account before or during an order using their email address and the password freely chosen at registration. Registration alone does not create any obligation to purchase the goods offered by the Provider. For information on the processing of data, the privacy notice is available at the following link https://tropicalmamamatcha.com/policies/privacy-policy.
for retrieval. When registering, the Customer chooses a personal username and a password. The Customer is obliged to keep the password confidential and must never disclose it to third parties, i.e. persons outside their company or persons within their company who are not authorised to represent it.
(2) Registration can be deleted again at any time. If personal details change, the Customer is themselves responsible for updating them. All changes can be made online after logging in.
§ 3 Conclusion of contract
(1) The product offers presented in the online shop are non-binding and do not constitute an offer in the legal sense. The Customer can select products from the Provider’s range and collect them in a so-called shopping cart via the „add to cart“ button. By clicking the purchase button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the details at any time. However, the offer can only be submitted and transmitted if the Customer, by clicking the corresponding button, accepts these terms and conditions and thereby incorporates them into their offer.
(2) The Provider will then send the Customer an automatic acknowledgement of receipt by email, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. The automatic acknowledgement of receipt merely documents that the Customer’s order has been received by the Provider and does not constitute acceptance of the offer. The contract is only concluded once the Provider issues a declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of the order, the terms and conditions and the order confirmation) will be sent to the Customer on a durable medium (usually email) (contract confirmation).
(3) The language available for concluding the contract is German only. Translations into other languages are for information purposes only. In the event of any discrepancies between the German text and the translation, the German text shall prevail.
§ 4 Payment
(1) The payment methods shown during the order process are available for the Customer to choose from. Which payment methods are available in a specific case will be shown to the Customer at the latest when completing the order. There is no entitlement to the availability of a particular payment method.
(2) If a payment service provider (e.g. PayPal, Klarna) is selected, its terms of use shall apply in addition.
(3) The purchase price is due for payment upon conclusion of the contract.
(4) The Provider reserves the right to deliver only against cash on delivery (immediate payment on delivery). If, after conclusion of the contract, it becomes apparent that payment of the purchase price is at risk due to the Customer’s insufficient ability to pay, the Provider is entitled to demand advance payment or, if a deadline set for payment of the purchase price has passed without success, to withdraw from the contract. However, the Customer has the right to avert these consequences by providing security.
(5) In the event of late payment, statutory default interest shall apply in accordance with Austrian law. For consumers, default interest shall be charged at the statutory rate applicable under Austrian law. For business customers, statutory default interest shall apply in accordance with § 456 of the Austrian Commercial Code (UGB), where applicable. The right to claim further damages in accordance with applicable law remains unaffected.
(6) In the event of default of payment or other apparent lack of creditworthiness, all further claims against the Customer shall become immediately due.
(7) The Customer is only entitled to set-off rights with claims that are undisputed by the Provider or have been legally established against them. The Customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
§ 5 Prices, shipping costs
(1) The prices stated on the platform are total prices and include statutory value added tax.
(2) Shipping is at the Customer’s expense. The corresponding shipping costs are shown to the Customer on the order form and must be borne by the Customer, unless the Customer exercises their right of withdrawal. From an order value of EUR 60, the Provider delivers to the Customer free of shipping costs within Austria & Germany (does not apply to B2B orders). International shipping costs apply for worldwide shipping or shipping within the EU.
§ 6 Delivery, availability of goods
(1) Stated delivery times are calculated from the time of the order confirmation, provided prior payment of the purchase price has been made. The shipping time depends on the DPD delivery service and is approx. 2-4 business days after dispatch within Austria and 3-7 business days within Europe.
(2) If, at the time of the Customer’s order, no units of the product they selected are available, the Provider will inform the Customer of this without delay in the order confirmation. If the product is permanently unavailable, the Provider will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.
(3) If the product specified by the Customer in the order is only temporarily unavailable, the Provider will likewise inform the Customer of this without delay in the order confirmation.
§ 7 Retention of title
(1) The goods remain the property of the Provider until paid for in full.
(2) The commercial Customer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, the commercial Customer already now assigns to the Provider all claims arising from such resale, up to the amount of the invoice value of the Provider’s claim, regardless of whether this resale takes place before or after any processing of the goods delivered subject to retention of title. The Provider accepts this assignment.
However, the commercial Customer may not pledge the goods subject to retention of title or transfer them as security.
(3) Notwithstanding this authorisation to collect the claim themselves, the Customer remains authorised to collect the claim even after the assignment. In this context, the Provider undertakes not to collect the claim itself, as long as and to the extent that the Customer meets their payment obligations, no application has been filed for the opening of insolvency or similar proceedings over their assets, and no suspension of payments has occurred.
(4) Insofar as the above securities exceed the claims to be secured by more than 10%, the Provider is obliged to release securities of its choice at the Customer’s request.
§ 8 Storage of the contract text
The contract terms, including details of the goods ordered and/or services booked, these General Terms and Conditions and the withdrawal notice, will be sent to the Customer by email upon acceptance of the contract offer or upon notification thereof.
§ 9 Warranty
(1) If the delivered goods are defective, the Customer is entitled, within the framework of statutory provisions, to demand subsequent performance in the form of remedying the defect or delivery of goods free of defects. If subsequent performance fails, the Customer is entitled to reduce the purchase price or, if the statutory requirements are met, to withdraw from the contract.
(2) All claims for defects shall become time-barred two years after handover.
§ 10 Limitation of liability
(1) The Provider is liable for intent and gross negligence. It is furthermore liable for the negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract in the first place, the breach of which jeopardises the achievement of the purpose of the contract, and on the observance of which the Customer may regularly rely. In the latter case, however, the Provider is only liable for foreseeable damage typical for this type of contract. The same applies to breaches of duty by its vicarious agents.
(2) The above limitations of liability do not apply to liability for injury to life, body or health. Liability under the Austrian Product Liability Act (Produkthaftungsgesetz – PHG) and any other mandatory statutory liability provisions remains unaffected.
§ 11 Prize draws, discount codes, giveaways and subscriptions
Prize draw or giveaway promotions do not apply in connection with the Provider’s vouchers (gift cards). Welcome codes and other discount codes can only be used once per customer.
With the issued discount code, the customer receives a discount of the stated amount on the entire range (excluding sets, bundles, subscriptions, special vouchers and items already reduced in price, as well as shipping costs). Codes must be entered in the shopping cart and cannot be combined with other promotions or discount codes. Discount codes are only valid within the stated period. Unfortunately, retroactive crediting is not possible. Changes & special cases: Tropical Mama Matcha reserves the right to make short-notice changes to the promotion details. The promotion terms apply only while stocks last.
§ 12 Right of withdrawal
Consumers have a statutory right of withdrawal. Details can be found in the withdrawal notice, which is available at https://tropicalmamamatcha.com/policies/refund-policy and forms part of these terms and conditions.
§ 14 Dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 15 Concluding a subscription
A subscription can be taken out and cancelled on our website at any time.
We reserve the right to adjust the prices for our products and services, including ongoing subscriptions, at any time. The current price is shown on our website and, from the time of publication, also applies to existing subscriptions.
§ 16 Final provisions
(1) These Terms and Conditions and all contracts concluded between the Provider and the Customer shall be governed by Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Where the Customer is a consumer residing in another country, mandatory consumer protection provisions of the country in which the Customer has their habitual residence shall remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
(3) The contract shall remain binding in its remaining parts even if individual provisions are legally invalid. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, if this would constitute unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.
(4) Amendments or additions to these terms and conditions must be made in writing.
Appendix
Model withdrawal form
To TROPICAL MAMA MATCHA powered by PIDPLATES GmbH
Alfred-Jäger-Weg 8
5310 Mondsee, Austria
- I/we() hereby give notice that I/we() withdraw from the contract concluded by me/us(*) for the purchase of the following goods
Ordered on()/received on()
- Name of consumer(s)
Address of consumer(s)
- Signature of consumer(s)
(only if this notice is given on paper)
Date
(*) Delete as appropriate.