Condizioni di utilizzo

As of: April 2022

1. Scope of application

1. The following terms of use (hereinafter “Terms of Use”) shall apply to all business relations between bgood GmbH, Laimgrubengasse 19/7, 1060 Vienna, companies’ register no. FN 442550i (hereinafter “goodbag”) as operator of the goodbag smartphone app (hereinafter “App”) as well as of the website goodbag.io (hereinafter “Website”) and users who use the App and/or the Website (hereinafter the “User”; the User and goodbag together the “Parties”).

2. By accepting these Terms of Use in the App or in the web shop on the Website, the User agrees to the contents of these Terms of Use. The Terms of Use can also be accessed on, downloaded from and saved from the website https://goodbag.io/agb.

3. goodbag expressly objects to any diverging terms and conditions of the User. Diverging or supplementary terms and conditions of the User shall not become part of the contract even if they have not expressly been objected to. Deviations from these Terms of Use, supplementary agreements or any opposing terms and conditions of the User shall only be effective if they are confirmed by goodbag in writing.

4. goodbag reserves the right to change, complement to or to remove or, respectively, discontinue the App’s scope of functions in whole or in part at any time and without notice. The User has no right to a certain range of functions of the App.

2. Webshop

1. By sending the order, the User submits an offer – which is binding for him/her – to conclude a contract with goodbag on the purchase of the contents of the shopping cart. This offer is accepted and thus, the contract is concluded once the order confirmation is sent to the User via e-mail to the e-mail address provided by the User. goodbag reserves the right to request proof of identity and creditworthiness of the User before accepting an order. Any offers made by goodbag to conclude a contract are subject to change and non-binding and only constitute an invitation to the User to place an order.

2. Unless otherwise agreed, the prices, including statutory VAT, shown during the order process shall be invoiced. The shipping costs are not included in the price indicated; these are incurred additionally and are displayed accordingly in the web shop within the App or, respectively, the Website.

3. Should other export, import or other duties become due in the course of the shipment of the product, these shall be borne by the User.

4. In the course of and prior to completing the order process the User can choose from the payment methods available in the online shop.

5. If the User defaults in payment, goodbag is entitled to invoice default interests amounting to 9 % p.a. from the respective due date. Furthermore, in the event of default in payment, the User undertakes to reimburse to goodbag the costs incurred (e.g. cancellation fees for payment service) as well as reminder and collection fees, insofar as they are necessary for the appropriate legal prosecution and are proportionate to the claim pursued. The assertion of further rights and claims shall remain unaffected thereof.

6. Stated delivery periods shall only be deemed as approximate and non-binding, unless otherwise expressly agreed as binding.

7. The ordered goods shall be delivered to the delivery address specified by the User using an customary shipping method (e.g. shipment by postal services) at goodbag’s option.

8. The goods are shipped at the risk of the User. If the User is a consumer, the risk of loss or damage to the goods shall pass to the User, upon delivery of the goods to the User or to a third party designated by the User.

9. The goods shall remain the property of goodbag until complete payment.

3. Right to object for consumers

1. Users who are consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), have the following right of withdrawal:

2. The User has the right to withdraw from this contract within thirty days without giving any reasons.

3. The withdrawal period shall be thirty days

   • from the day (in the case of a purchase contract) on whichthe User or a third party who is not the carrier and hasbeen designated by the User takes possession of the goods;or

   • from the day (in the case of a contract on the regulardelivery of goods over a specified period of time) on whichthe User or a third party who is not the carrier and hasbeen designated by the User takes possession of the firstproduct.

4. In order to exercise the right of withdrawal, the User has to notify goodbag of the withdrawal from the contract by means of an unequivocal statement (e.g. by means of a letter sent by post or an e-mail) sent to [email protected] or to bgood GmbH, Laimgrubengasse 19/7, 1060 Vienna, Austria. The User can use the model withdrawal form below or another unequivocal statement for the withdrawal. The User may also exercise the right of withdrawal by submitting the withdrawal declaration via the withdrawal link: Click here to exercise your right of withdrawal.

5. To comply with the withdrawal period it suffices that the User sends the notice on the exercise of the right of withdrawal before the withdrawal period expires.

6. If the User withdraws from the contract, goodbag shall reimburse to the User all payments that goodbag has received from the User, including the delivery fees (except for the additional costs that result from the User having selected any method of delivery other than the cheapest standard delivery offered by goodbag), immediately and at the latest within fourteen days from the day on which goodbag has received the notification of the User’s withdrawal from the contract. For this reimbursement goodbag will use the same means of payment used by the User during the initial transaction, unless expressly otherwise agreed with the User; in no case will the User be invoiced any fees for this reimbursement.

7. goodbag may refuse the reimbursement until goodbag has got the goods back or until the User has provided evidence that he/she has returned the goods, whichever is the earlier. The User shall return or surrender the goods to the following address below

8. bgood GmbH Keyword: “Retoure” Laimgrubengasse 19/7 1060 Vienna Austria

9. immediately and, in any case, within thirty days at the latest from the day on which the User informs goodbag on the withdrawal from this contract. The period shall be deemed as complied with if the User dispatches the goods prior to the expiry of the period of thirty days. The User shall bear the direct costs for returning the goods. The User has to compensate for any loss in value of the goods only if this loss in value can be attributed to any handling of the goods that is not necessary for examining their condition, quality and functioning.

10. Model withdrawal form

11. (If you want to withdraw from this contract, please complete this form and send it back)

12. To bgood GmbH, Laimgrubengasse 19/7, 1060 Vienna, Austria, or via e-mail to [email protected]:

    • Herewith I/we () withdraw from the contract on thepurchase of the following goods ()/provision of thefollowing services () concluded by me/us ():

    • Ordered on () / received on ():

    • Name of consumer(s):

    • Address of consumer(s):

    • Signature of consumer(s) (only in case of notice on paper)

    • Date

13. ---

(*) Delete as appropriate

9. Exception from the right of withdrawal: There is no right of withdrawal for goods that are manufactured in accordance with customer specifications or that are clearly tailored to personal needs (e.g. bags with an individual design requested by the customer). Furthermore, there is no right of withdrawal for goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.

4. Coupons and social projects

1. Within the App, the User has the possibility to display shops participating (hereinafter “Partner Shops”) and non-participating Shops (hereinafter “Non-participating Shops”) in the goodbag project (both types hereinafter “Shops”) in his/her vicinity. By using the goodbag bag in Shops, the User can either redeem various vouchers (hereinafter “Coupons”) at Shops or support various social projects, in particular the planting of trees (hereinafter “Social Project”). Non-participating Shops are not affiliated with goodbag.

2. Upon redemption, the User can choose between a Coupon and the support of a Social Project. Only one Coupon can be redeemed or only one Social Project can be supported per shop. The conditions for redeeming Coupons depend on the respective Coupon and/or Shop. The respectively valid conditions for redemption can be found in the App.

3. For redeeming a Coupon or supporting a Social Project it is necessary that the Customer is personally present in a Shop and scans the goodbag bag with the App. In some Partner Shops it may be necessary that the User shows their goodbag and a Barcode generated by the app to the Cashier.

4. For the support of Social Projects, the User receives a voucher code or points (hereinafter “Seeds”) at Shops for the use described in point 4.3, which can subsequently be redeemed for a Social Project by using the App. The restrictions on and the conditions for redeeming the voucher are displayed within the App.

5. The information on the Shops (e.g. address, opening hours, category) in the App and/or on the Website is for information purposes only. goodbag does not assume any guarantee and/or liability for the correctness of this information. In particular, the User shall not be entitled to any claims vis-à-vis goodbag due to incorrect information on the possibility of redeeming Coupons (or Seeds) and their conditions. Should the User consider information on the Shops to be incorrect, the User can report this via e-mail to [email protected] or via the feedback function within the App.

6. As regards the support of Social Projects, the presentation of the objectives achieved (e.g. number of trees planted) only serves as a visual representation of a success to be expected on the basis of calculations. For achieving the objectives of Social Projects, goodbag uses independent third-parties (hereinafter “Social Partners”). The objectives of Social Projects are supported by means of financial support of Social Partners who are contractually obliged to achieve certain objectives (e.g. planting a certain number of trees). You can find a transparent presentation of the funding of Social Projects at https://goodbag.io/trees and/or in the App. goodbag reserves the right to change the Social Partners and/or the funded projects at any time and without prior notice.

7. Social Partners are supported to the extent communicated by goodbag at https://goodbag.io/trees and in the App. goodbag is entitled to change the calculation of the extent of support at any time and to impose restrictions thereon (e.g. maximum number of funded trees per User).

8. The User is not entitled to use Coupons in any other way than by displaying them in the App, to make Coupons available to third parties for their use (e.g. by providing a screenshot). The User is not entitled to use the chip of the bag for purposes other than for redeeming Coupons, for supporting Social Projects or for other uses in connection with goodbag. The User shall hold goodbag harmless and indemnify it for any violation of this point of the Terms of Use.

9. goodbag shall be free to offer Coupons and the support of Social Projects to the User also against other services (e.g. advertising to friends). In this regard, the conditions and restrictions for the provision of Coupons (and Seeds) and the possibility to support Social Projects are displayed by goodbag within the App and may be changed unilaterally by goodbag at any time.

10. The User is not entitled to a monetary or any other compensation in affiliation with the claim or not claim of, collection, acquisition, redemption, donation of Seeds.

5. Warranty and liability

1. The statutory liability provisions apply.

2. Liability is excluded for defects caused by the User. This is in particular the case with improper handling as well as with the usual wear and tear due to use (e.g. if the goodbag bags are used for a longer period of time).

3. goodbag shall exclusively be liable for material damage – for any legal reason whatsoever – if a damage was caused by goodbag with gross negligence or with intent. The liability of goodbag for slight negligence shall – except for personal damages – be excluded.

4. In general, goodbag provides the functions of the App 24 hours a day and 7 days a week for use. goodbag shall make an effort to offer the provided App for access and use with a minimum of disruption. However, even if all due diligence is applied, downtimes and data losses cannot be excluded. goodbag expressly does not guarantee any minimum availability of the App and/or permanent storage of the data of the User.

5. The systems of goodbag are protected against viruses, hacker attacks and other security-related manipulations of the App as well as of the underlying (server-side) software by measures corresponding with the state of the art. Nevertheless, the risk of such attacks, however, cannot be excluded. Unless a virus infection, hacker attacks and other security-related manipulations are caused due to a grossly negligent or intentional neglect of the security measures taken by goodbag, goodbag does not assume any liability for the damage resulting therefrom. When using the navigation function of goodbag, the User himself/herself is responsible for compliance with the provisions under road traffic law (e.g. driving bans), due diligence in traffic (e.g. pavement damages, potholes) and the actual choice of the route.

6. goodbag is not liable and does not guarantee the integrity, availability, accuracy, completeness and/or conformity when providing nutritional and ecological information for products when scanning them through the App and/or Website.

6. User obligations and conduct

1. The user has the option in the App to extend their profile with a name, bio, nickname and profile photo. The user must not submit false, misleading or fraudulent content in their profile or other parts of the goodbag App and Website.

2. Furthermore the goodbag user must:

   1. truthfully provide, and keep current and complete, his/her registration details, and must not pass on such details to third parties;

   2. only save, publish, transmit and distribute such content,e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or,(ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Goodbag that all required rights, licenses,permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights,such as trade names and trademarks. The user shall be exclusively responsible for such content;

   3. not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual,glorifies violence or is otherwise illegal;

   4. not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;

   5. not carry out any disrupting interferences in the goodbag network, including the goodbag Products, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding goodbag’s software or hardware;

   6. not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;

   7. provide prompt notice via email to [email protected] of any detected breaches of the aforementioned obligations;

   8. diligently care for the personal details and only allow such persons access to their own details that are close to the user; and

   9. regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Goodbag shall not be responsible for any lost or impaired details.

7. Breach of user obligations

1. Sanctions. In order to ensure the proper and reliable service of goodbag Products, goodbag imposes the following sanctions upon breach obligations by a user:

   • warning;

   • deletion of content;

   • temporary deactivation of user account; and

   • Cancellation (irrevocable deactivation).

2. The type of sanction shall depend on the purpose, impact, and type of the breach in light of goodbag’s and the user’s interests.

3. Cancellation. In the event a user account shall be cancelled in accordance with this Section 7, the respective user shall not be permitted to register again.

8. Copyright and links

1. The App, its installation file, contents/data published within the App, the underlying (server-side) software as well as the Website are protected by copyright. Any kind of reproduction, distribution, change, public provision and other exploitation shall only be admissible with the written approval by goodbag.

2. The direct or indirect links to third-party websites, apps and other content offered within the App and/or the Website are made available in the interest of the User. The contents offered in the linked websites, apps and other content (hereinafter “Third-Party Contents”) are not created by goodbag. goodbag has no influence on these Third-Party Contents. Any access to these Third-Party Contents shall be the sole responsibility of the User. It is not possible to constantly check the Third-Party Contents. Should the User deem Third-Party Contents as illegal, criminally relevant, unethical or in any other way alarming, the User may report such by sending an e-mail to [email protected].

9. Final provisions

1. These Terms of Use as well as any and all agreements entered into between the Parties are governed by Austrian law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) and the conflict-of-laws rules of private international law. In terms of consumers, this choice of law shall only apply insofar as the consumer is thereby not deprived of the protection granted by the mandatory provisions of the law of the country of habitual residence of the consumer.

2. The court having substantive jurisdiction in Vienna, Inner City (Wien, Innere Stadt) shall be competent for any and all actions brought against goodbag by the User for disputes arising out of or in connection with these Terms of Use. One of the courts in the district where his/her domicile, habitual residence or place of employment of the User is situated shall be competent for all actions brought by goodbag against a User having his/her domicile, habitual residence or place of employment in Austria for disputes arising out of or in connection with these Terms of Use. The statutory places of jurisdiction shall apply to Users not having a domicile in Austria when the contract is concluded..

3. Any modifications of, amendments and ancillary agreements to these Terms of Use shall require the written form to be valid. The same shall apply to the agreement to derogate from this form requirement. In case of contradictions between these Terms of Use and deviating written agreements between the Parties, the provisions of the deviating agreements shall take precedence.