Last updated: 18 May 2026
1. Scope and contracting parties
These Terms and Conditions apply to orders placed via the online shop of Malle-Schmickl GesbR, Dipl.-Ing. Dr. Helge Schmickl and Dipl.-Ing. Dr. Bettina Malle-Schmickl, Ehrentalerstraße 39, 9020 Klagenfurt am Wörthersee, Austria, e-mail: [email protected], phone: +43 463 437786.
These Terms apply to consumers and to entrepreneurs alike, unless expressly stated otherwise below. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity. An entrepreneur is any person who acts in the course of their commercial or self-employed professional activity when concluding the transaction.
Mandatory statutory rights of consumers remain unaffected.
2. Formation of contract, contract language and contract text
The presentation of products in the online shop does not constitute a legally binding offer but is an invitation to submit an order.
By clicking the order button you submit a binding offer to purchase the products contained in the shopping cart. Before submitting the order, input errors can be identified and corrected using the functions provided in the checkout.
Receipt of the order is acknowledged automatically by e-mail. This order confirmation does not constitute acceptance of the offer unless acceptance is expressly declared therein. The contract is concluded when we expressly accept the order, ship the goods, or make digital content or services available.
In case of obvious pricing, typographical or calculation errors as well as in case of unavailability, we reserve the right not to accept an order. Payments already made will be refunded in that case.
The contract language is German. Order data and these Terms will be provided to you during the order process. Where a customer account has been created, orders can be reviewed there.
3. Prices, VAT, shipping costs and duties
All prices are stated in euros. Prices shown to consumers are end prices including statutory VAT, unless expressly and lawfully stated otherwise in individual cases. Prices for entrepreneurs may, where clearly indicated, also be stated as net prices plus VAT.
Shipping costs may be charged in addition. They are calculated based on delivery address, weight, packaging, type of goods and the selected shipping method and are displayed before the order is finalised.
For deliveries outside the European Union or into special customs territories, customs duties, import charges, taxes or other costs may apply. These are not collected by us and are to be borne by the customer to the extent legally permitted and unless expressly stated otherwise in the offer.
4. Payment
The payment methods actually available are displayed during checkout. Depending on country, order value and technical availability, these may include in particular direct bank transfer, PayPal, credit/debit card and other Stripe-based payment methods offered during checkout (e. g. EPS, Klarna, Bancontact). Processing is carried out via PayPal, Stripe and/or the payment service provider displayed during checkout; the terms of that provider apply in addition.
For direct bank transfer, the order is generally processed after receipt of payment.
We reserve the right not to offer individual payment methods depending on order value, delivery country, type of product or technical availability.
5. Delivery and shipping
We deliver to delivery addresses in the countries selectable during checkout. Depending on delivery address, type of goods and availability, shipping is carried out in particular by Österreichische Post (Austrian Post) or UPS.
Delivery times are stated product-specifically, during checkout or on the Shipping and Payment page. Unless a different delivery time is stated there, delivery takes place without undue delay; for international deliveries, depending on destination country and shipping route, extended delivery times of up to 45 days may apply.
International deliveries may be additionally delayed due to customs clearance, transport routes or country-specific circumstances. Product-specific delivery restrictions or notices take precedence.
6. Product and use information
Essential properties of the goods, such as dimensions, materials, technical characteristics, warnings and safety information, are set out in the respective product description.
For stills, distillation equipment, laboratory accessories, chemicals or related accessories, special import, possession, use, customs or notification obligations may apply in the destination country. Customers are responsible for checking, before placing an order, whether acquisition, import and use are permitted in their respective location. Our acceptance or fulfilment of an order does not replace any required official permit.
7. Digital content, online courses and vouchers
Where digital content, online courses or digital access are offered, scope of service, duration of access, technical requirements, functionality, compatibility and any applicable dates are set out in the respective offer.
If, for digital content or digital services, performance is to begin before expiry of the withdrawal period, this is only done vis-à-vis consumers after express consent and acknowledgement of the possible loss of the right of withdrawal, to the extent legally required.
Value vouchers acquired against payment have no expiry date, unless expressly and effectively agreed otherwise in the respective offer. Cash payment is excluded as long as redemption is possible. Remaining balances remain redeemable.
8. Retention of title and passing of risk
Delivered goods remain our property until full payment has been received.
Vis-à-vis consumers, the risk of loss or damage passes only upon handover to the consumer or a third party named by the consumer who is not the carrier. Vis-à-vis entrepreneurs, the risk passes upon handover to the carrier.
9. Right of withdrawal for consumers
Consumers generally have a statutory right of withdrawal. Details on conditions, deadlines, exercise, consequences, return costs and exceptions can be found in our Right of Withdrawal and Returns.
No statutory right of withdrawal exists in particular in the cases provided for by law, such as for certain goods made to customer specifications, unsealed hygiene articles, certain date-related services or digital content after the start of performance under the statutory conditions.
10. Warranty and guarantees
Statutory warranty provisions apply. Any manufacturer’s or commercial guarantee only exists where expressly stated in the respective offer; statutory rights are not restricted thereby.
For digital services and goods with digital elements, the statutory provisions on updates and warranty apply.
Entrepreneurs must inspect the goods without undue delay in accordance with commercial law and notify us of any recognisable defects in due time.
11. Liability
Vis-à-vis consumers, we are liable in accordance with statutory provisions. No limitation of liability applies to damages arising from injury to life, body or health, to damages caused intentionally or by gross negligence, to mandatory claims under the Austrian Product Liability Act, or insofar as liability may not be excluded or limited by law.
Vis-à-vis entrepreneurs, we are liable without limitation for intent, gross negligence and for damages from injury to life, body or health. Otherwise, liability for slight negligence is excluded to the extent legally permissible.
12. Complaints and alternative dispute resolution
Complaints can be sent to [email protected].
We do not commit in advance to participate in alternative dispute resolution proceedings. If we cannot reach an agreement with a consumer in a specific dispute, we will, in accordance with statutory requirements, inform on a durable medium about the competent alternative dispute resolution body and whether we will take part in proceedings.
13. Applicable law and place of jurisdiction
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law only applies to the extent that it does not restrict mandatory provisions of the state in which the consumer has their habitual residence.
For contracts with entrepreneurs, the court with subject-matter jurisdiction at the seat of our company shall, to the extent legally permitted, be the place of jurisdiction.
14. Final provisions
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by the statutory provisions.