Terms and Conditions of Sale to Consumers
In case of discrepancies between the German and the English versions, the German version shall prevail. View the German version at www.baristina.com/at/de/terms-and-conditions
1. General
1.1 The business relationship between Versuni Netherlands B.V, Claude Debussylaan 88, 1082 MD, Amsterdam, The Netherlands (hereinafter: Versuni) and the Customer (hereinafter: Customer) shall be governed by the following General Terms and Conditions (GTC) in the version valid at the time of the order.
1.2 This site (website or mobile app) is only intended for consumers who are consumers within the meaning of Section 1(1)(2) KSchG, who wish to order Versuni products and whose delivery is to be made to Austria. Versuni does not accept orders for deliveries outside Austria.
1.3 By placing an order, the Customer accepts the GTC for the present contract as binding for him.
1.4 Versuni reserves the right to amend these terms and conditions at any time without prior notice with effect for the future.
1.5 In order to place an order, the Customer must be at least 18 years old, be reachable by telephone and have a valid e-mail address.
2. Conclusion of contract
2.1 The products presented on our site represent a non-binding invitation to Customers to order the products presented (so-called invitatio ad offerendum).
2.2 The Customer's order constitutes an offer to Versuni to conclude a purchase contract. If the Customer places an order with Versuni, Versuni will send the Customer a message confirming receipt of the order by Versuni and listing its details (order confirmation). Versuni is not obliged to accept the Customer's offer. If the goods ordered by the Customer are not available at the time of the order, Versuni will inform the Customer of this.
2.3 This order confirmation does not constitute acceptance of the Customer's offer, but is only intended to inform the Customer that Versuni has received their order. A purchase contract is only concluded when Versuni ships the ordered product to the Customer and confirms the shipment to the Customer with a second e-mail (shipping confirmation).
3. Subscription
3.1 Should Versuni offer a supply model for the replacement of consumables that allows the Customer to subscribe to a recurring supply of certain selected products ("Subscription Products") at the price stated on the site, it is necessary to create an account in order to subscribe to a Subscription Product.
3.2 The Customer can select the frequency of delivery of the Subscription Products in his account. Versuni will invoice the Customer for the Subscription Products before each delivery date. Subscription Products will only be shipped after Versuni has received payment.
3.3 The Customer may temporarily suspend their subscription up to one day before the next scheduled dispatch date on their account. During the interruption, the Customer will not receive any Subscription Products and therefore does not have to pay the corresponding subscription fees. Once the Customer has reactivated their subscription, Versuni will resume delivery of the Subscription Products and charge the Customer accordingly.
3.4 If a Subscription Product is out of stock, Versuni may postpone delivery (and associated costs) until the next scheduled shipping date when the Subscription Product is available again.
3.5 The Customer can cancel his subscription at any time up to one day before the next scheduled dispatch date.
4. Prices
4.1 All prices quoted are in € (Euro) including statutory VAT and plus any shipping costs that may be incurred.
4.2 When the prices on the site are updated, the previously stated prices lose their validity.
5. Terms of payment
5.1 The payment methods are explained on the site.
5.2 If you pay by credit card, you must provide your credit card details at the time of your order. Your credit card will be charged when your invoice is issued or when we ship your products. Versuni will not commence the manufacture of your Products or deliver the Products or provide the Services to you until your credit card issuer has authorized the use of your credit card to pay for the Products or Services ordered. If Versuni does not receive this authorization, Versuni will notify you accordingly. The billing address for your credit card must be in Austria. Versuni reserves the right to verify the identity of the cardholder by requesting appropriate documents.
5.3 If your payment is made with Giropay, your account will be debited upon receipt of your order. If your order cannot be accepted, the purchase price will be refunded immediately.
5.4 If payment is made via PayPal (if this payment method is offered), Versuni reserves the right to verify the identity of the PayPal account holder by requesting the relevant documents. If your order cannot be accepted, the purchase price will be refunded immediately.
6. Product presentation and delivery
6.1 Versuni reserves the right to remove or replace the products presented on the site with other products at any time without prior notice.
6.2 Versuni further reserves the right to sell the goods presented only in normal household quantities.
6.3 Information on the delivery period is to be understood as estimated information.
6.4 Delivery shall be made ex warehouse to the address specified by the Customer - exclusively within Austria - unless otherwise agreed.
6.5 Delivery can only be made to addresses within Germany. Excluded from delivery are Helgoland (zip code 27498), Buesingen (zip codes 78263, 78266) and the free ports of Bremerhaven and Cuxhaven.
6.6 The delivered goods remain the property of Versuni until the purchase price has been paid in full.
7. Right of withdrawal and voluntary return guarantee
7.1 You have the right to withdraw from this contract within thirty (30) days without giving any reason. The withdrawal period is thirty (30) days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
7.2 To exercise your right of withdrawal, you must inform us (name, address and, if available, telephone number, fax number and e-mail address) by e-mail form or by post to Versuni Nederland B.V., Engagement & Care Manager , Claude Debussylaan 88, 1082 MD, Amsterdam, The Netherlands) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
7.3 You can also complete and submit another unambiguous declaration electronically on our site. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation. In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
7.4 Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
7.5 We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
7.6 You must return or hand over the goods to us immediately and in any case within fourteen (14) days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen (14) days has expired. We shall bear the costs of returning the goods.
7.7 You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the quality, properties and functionality of the goods.
8. Warranty claims
8.1 Versuni warrants that the delivered products are free of defects for a period of two (2) years from the date of delivery of the product to the Customer.
8.2 Defects shall be remedied free of charge within a reasonable period of time at the Customer's discretion by repair or replacement. In the event of a replacement delivery, the Customer is obliged to return the defective item.
8.3 If Versuni does not remedy a defect within a reasonable period set by the Customer, or if Versuni is unable to remedy the defect within a reasonable period, or if the remedy of the defect fails even after a second attempt, the Customer has the right to reduce the purchase price or to withdraw from the purchase contract.
8.4 Damage caused by improper or non-contractual behavior on the part of the Customer shall not give rise to any claim against Versuni.
8.5 If the Customer is a merchant within the meaning of the German Commercial Code and the service is provided for his business, his claims for defects shall become time-barred one year after the transfer of risk.
8.6 To assert claims and/or rights arising from liability for defects, the Customer shall contact Versuni at the following telephone number: +43 13 40 90 20 (free of charge). The Customer shall provide Versuni with the order number, which can be found in the e-mail with which Versuni accepted the Customer's order.
9. Liability
Versuni excludes any liability for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our legal representatives and vicarious agents.
10. Contact the Versuni online store
You can contact the online store by telephone on +43 13 40 90 20 (free of charge) from Monday to Saturday from 08:00 - 20:00, Sunday from 09:00 - 18:00 or via the contact page.
11. Data protection
11.1 Data processing is carried out in accordance with applicable law and our Privacy Policy.
11.2 All data collected from the Customer will only be collected, processed, used, etc. insofar as this is necessary for the establishment and execution of the purchase contract and/or further business relationships between the Customer and Versuni.
12. Circumstances beyond Versuni's reasonable control
We will use our best endeavors to perform our obligations under the Contract. However, we cannot be held responsible for any delay or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of delay, we will fulfill our obligations as soon as possible.
13. Differences of opinion, applicable law and place of jurisdiction
13.1 If the Customer is an entrepreneur within the meaning of the Austrian Commercial Code or a legal entity under public law, the place of jurisdiction shall be Vienna.
13.2 Austrian law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13.3 The European Commission provides a platform for online dispute resolution (OS) if you have a complaint regarding an online purchase via our site at the following link: http://ec.europa.eu/odr
14. Miscellaneous
14.1 Neither Versuni's failure to perform any provision of the Contract nor your failure to enforce any provision shall constitute a waiver of that provision. Such failure shall in no way affect the right to enforce the provision in question at a later date.
14.2 Should one or more provisions of these GTCs be invalid, this shall not invalidate the entire contract.
Last version: April 2024