General Terms and Conditions

These terms apply to all offers, deliveries and services of Earthfly Holding GmbH (the “Contractor”) to entrepreneurs. Any deviating or conflicting terms and conditions of the contractual partner are expressly rejected; they become effective only if we agree to them in writing.

Our offers are subject to change and non-binding. Inquiries via the contact form or by email do not constitute a binding offer. A contract is concluded only upon our written order confirmation or by actual performance of the service.

Unless otherwise agreed, all prices are net prices plus statutory VAT and exclusive of packaging, shipping and insurance costs. Unless otherwise agreed, invoices are due for payment without deduction within 14 days of the invoice date. In the event of late payment, the statutory default interest for business transactions applies.

Delivery dates and deadlines are binding only if they have been expressly agreed as binding in writing. Risk passes to the contractual partner upon handover of the goods to the partner or to the carrier.

Delivered goods remain our property until full payment of all claims arising from the business relationship.

The contractual partner must inspect the goods immediately upon receipt and notify us of any apparent defects in writing within a reasonable period (Section 377 UGB). Otherwise, the statutory warranty provisions apply. The presumption of defectiveness under Section 924 ABGB is excluded for business transactions.

We are liable for damages only in cases of intent and gross negligence. Liability for slight negligence is excluded, except for personal injury. Compensation for consequential damage, lost profit or pure financial loss is excluded to the extent legally permissible. Mandatory statutory liability provisions, in particular under the Product Liability Act, remain unaffected.

Events of force majeure that significantly impede or render impossible our performance (e.g. natural disasters, strikes, official measures, supply shortages) entitle us to postpone performance for the duration of the impediment or to withdraw from the contract in whole or in part.

Information on the processing of personal data can be found in our Privacy Policy.

Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and the referral norms of private international law. The competent court for 6060 Hall in Tirol is agreed as the place of jurisdiction. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected; the invalid provision shall be replaced by a valid provision that comes closest to its economic purpose. Amendments and supplements must be made in writing.