TERMS AND CONDITIONS OF USE

1. Scope

The general terms and conditions in the currently valid version (February 19, 2024) apply to every order in our online shop. The version published at the time of the order applies. The text can be downloaded, saved and printed from this page.

2. Contractual Partner

Owner of this website and contractual partner for online orders as well as media owner is:

Hola Colombia e.U.
Owner Laura Faux

Legal form: Registered sole proprietorship
Commercial Register Number: FN 574704 d
Commercial Register Court: Vienna Commercial Court
Object of the company: Grocery trading

Office: 1160 Vienna, Austria
Roseggergasse 3/2/7

UID: ATU77880312
Tel: +43 (677) 6433 4422
E-mail: shop@hola-colombia.eu

Place of fulfilment is the registered office of Hola Colombia e.U.

3. Conclusion of Contract for Online Orders

To be able to place an order in the online shop, the creation of a user account is necessary. For this purpose, name, billing and delivery address, telephone number and an e-mail address must be provided. Communication between the customer and Hola Colombia usually takes place by e-mail. With the placing of an order in the online shop, the customer submits a contract offer. The receipt of the order will be confirmed by Hola Colombia by e-mail. However, this confirmation does not yet constitute acceptance of the contract offer. The contract is only concluded with the delivery of the ordered goods.

If an item is not available or cannot be delivered for any other reason, Hola Colombia reserves the right to remove the item or items from the contract offer and to change the order accordingly. If this results in a total price below the minimum order value, Hola Colombia reserves the right to reject the contract offer completely.

The minimum order value is EUR 30,- (value of goods excluding delivery fees).

4. Prices

The prices shown on the website in the order overview apply. These prices are understood as gross euro prices including all taxes and charges. Since taxes and charges are country-specific, different prices can be displayed depending on the desired delivery address.

To display correct prices in the webshop in other places than the order overview, we recommend creating a user account and specifying the desired delivery address. After logging-in with the corresponding user account, prices including taxes and duties of the destination country are displayed.

The delivery fee is added to the item prices shown and varies with the value of the order value and the delivery address. The corresponding fees are displayed during the ordering process.

5. Delivery and Delivery Area

Depending on the delivery address, different delivery services might be available. The available services are displayed during the ordering process and can be selected by the customer if more than one service is available. Changing the choice of delivery service can lead to a change in the delivery fee.

Only addresses that can be entered in the corresponding address field in the process of the order are in our delivery area. Nevertheless, if the desired delivery address - despite the possibiliy to enter it into the address field - is outside the delivery area, Hola Colombia reserves the right to reject the contract offer.

Alcoholic beverages can only be handed over to persons above 18 years. This applies regardless of any more favourable local laws at the delivery address.

6. Payment

The order in the webshop can be paid with different payment methods. Depending on the total amount, delivery- and billing address, certain payment methods may or may not be available.

Credit card payment:
The purchase can be paid for by credit card. The payment is processed by the payment service provider Paylike ApS or Stripe Payments Europe, depending on the credit card chosen. At this point, we explicitly refer to the general terms and conditions of the respective payment service provider.

PayPal:
When paying with PayPal, the payment method linked with your PayPal account or the credit in the corresponding account will be debited. At this point, we explicitly refer to PayPal's general terms and conditions.

Vouchers:
A voucher is valid for a certain period of time and triggers a price reduction on the purchase. A voucher consists of a code which must be entered when the order is completed. Vouchers can be limited to a certain target group. After completion of the order, the voucher can no longer be redeemed.

7. Compensation

Hola Colombia is not liable for damages caused by the use of our websites or services, unless there is wilful intent or gross negligence. Any further liability is excluded - except for claims under the Product Liability Act.

All product information has been carefully researched, but errors or spelling errors cannot be ruled out.

Product images are symbolic images, which may differ from the actual product.

8. Right of Withdrawl

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us (Hola Colombia e.U., Laura Faux, Roseggergasse 3/2/7, 1160 Vienna, Austria, Tel.: +43/677/6433 4422, Email: shop@hola-colombia.eu) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached , but it is not obligatory, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

No right of withdrawal exists for:

• Goods that can spoil quickly or whose expiration date has been quickly exceeded;
• Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene reasons, provided that their seal has been removed after delivery;
• Goods that are manufactured according to customer specifications or clearly tailored to personal needs.

9. Warranty Rights

When the goods are shipped, the risk of loss or damage to the goods does not pass to the consumer until the goods are delivered to the consumer or to a third party designated by him, different from the carrier. However, if the consumer himself has concluded the transport contract without taking advantage of a choice proposed by Hola Colombia, the risk already passes with the delivery of the goods to the carrier.

The customer has a statutory warranty right in accordance with §§ 923ff ABGB. The period is two years from the acceptance of the goods. Hola Colombia guarantees freedom from defects at the time of delivery of the goods in accordance with the statutory provisions. The statutory periods apply to the assertion of warranty claims. In the case of justified defects, either free replacement or improvement will be carried out, for which a reasonable period must be granted. If an exchange or improvement is not possible (not possible, too much effort, unreasonable, delay in time), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (conversion). Any defects that occur must be announced as soon as possible upon delivery or after visualisation. If the purchase is an entrepreneurship (B2B) for the customer, he must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found.

Hola Colombia is only liable for damages in the event of intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must prove the injured party, unless it is a consumer transaction. The compensation of (deficiency) consequential damages, as well as other property damage, financial losses and damages of third parties against the customer, unless it is a consumer transaction, is excluded. Our company as the operator of the webshop mentioned in the imprint provides the services with the utmost care, but is not liable for the services provided by third parties or purchased from third parties. The warranty must be claimed from the guarantor (from the manufacturer / sometimes also from the seller, if he is the manufacturer) and is made in accordance with his provisions. The use of the guarantee does not limit the statutory warranty.

10. Complaints, Ombudsman's Office and Dispute Resolution

In the event of complaints or complaints, please contact us by e-mail at shop@hola-colombia.eu, via the chat function on our website or by telephone at +43/677/6433 4422.

We submit to consumers to an alternative dispute resolution procedure at the following alternative dispute resolution body www.ombudsmann.at.

Consumers also have the opportunity to address complaints to the EU's online dispute resolution platform:https://ec.europa.eu/odr. The complaint can also be submitted directly to us at the following e-mail address: shop@hola-colombia.eu

The possibility for both parties of the dispute to take legal action remains unaffected.

11. Links to Third-Party Websites

Links, redirects and references to third-party websites are only digital signposts. Hola Colombia does not identify with the website content of third parties. Hola Colombia is not liable for the content of linked websites, unless a reason according to § 17 of the Austrian e-commerce act (ECG) is available. If illegal or incited content is recognised on a linked, forwarded or referred page, we ask for appropriate information so that we can remove the link if necessary.

12. Jurisdiction and Applicable Law

Vienna is agreed as the place of jurisdiction for contracts with companies. For contracts with consumers from a Member State of the EU, the consumer has the choice between his place of residence and the place of jurisdiction at the registered office of the company. Unless mandatory legal provisions conflict, the contracting parties agree on the applicability of Austrian law. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. For consumers within the EU, their national mandatory consumer regulations apply, unless the respective Austrian regulations are more favourable to the consumer.