- Applicability of general terms and conditions (GTC)
Unless expressly agreed otherwise, our general terms and conditions, which have been made known to the contractual partner, shall apply.
GTC or purchasing conditions of the contractual partner do not apply, even if the conditions of the contractual partner remain unchallenged, unless the application of individual provisions has been expressly agreed in writing.
Actions on our part to fulfill the contract do not count as consent to contractual conditions that deviate from our conditions. If any ambiguities remain when the contract is concluded, these must be communicated in writing by the contracting parties before the contract is concluded (order) and must be clarified by us. The contractual conditions become part of this contract with the order.
- Offers, cost estimates and conclusion of contract
Our offers are non-binding. The contract is only considered concluded when we send a written order confirmation or dispatch the goods. The order confirmation is usually sent within a period of five days. If contractual partners do not receive an order confirmation after six working days, the responsibility for the inquiry lies with the contractual partner.
- Protection of Intellectual Property
The content of the documents provided by us, such as brochures, catalogues, samples, presentations, sketches, plans and the like, remains our intellectual property. Any use, in particular passing on, duplicating, publishing and making available, including copying only in part, requires our express prior written consent.
All of the above-mentioned documents can be reclaimed by us at any time and must be returned to us immediately without being asked if the contract does not come about or is terminated.
Our contractual partners also undertake to maintain secrecy towards third parties about the knowledge they have gained from the business relationship, insofar as the information is not intended for publication.
If documents or services are created by our contractual partner and made available to us that enjoy legal protection including copyright protection, in the event of a contract being concluded, in the absence of an express agreement to the contrary, the latter grants us an unrestricted but non-exclusive right to use these works or such is deemed to have been agreed.
- Price
In the absence of other express agreements, the prices quoted by us include sales tax but exclude customs duties or any transport costs incurred. agreed or Prices on which the contract is based are fixed prices, discounts, price escalation clauses and the like are not accepted by us unless they have been specially negotiated.
- Shipping and Customs Fees
The shipping costs incurred are shown explicitly and separately. For deliveries to Austria and Germany, there are no shipping costs for goods with a value of €100.00 or more. Natur Vital Handels GmbH usually dispatches the goods within 3 days of the order confirmation.
For deliveries outside the European Union (EU), the contractual partner bears the shipping costs as well as all applicable fees and charges. Should export or import duties become due in the course of shipping, these are also at the expense of the customer. The prices for the deliveries and services offered do not include the costs charged by third parties
Sales to customers outside the EU do not incur sales tax, but they must pay the respective national import duties. In the case of sales to entrepreneurs within the EU, no Austrian sales tax is due with proof of the UID, they have to pay the sales tax in their home country.
- Transport - risk of loss
When shipping the goods, the risk of loss or damage to the goods only passes to the contractual partner as soon as the goods have been delivered to the contractual partner or to a person designated by the contractual partner the carrier is delivered to various third parties. However, if the contractual partner has concluded the contract of carriage himself/herself without using one of the options suggested by us, the risk passes to the carrier as soon as the goods are handed over.
- Shipping issues, reshipment and refund
Natur Vital Handels GmbH only guarantees a new delivery under the additional conditions below for traceable lost deliveries or returned deliveries that have been paid for with the full postage. Therefore, please never send goods freight forward back to us!
If the goods to be delivered by us cannot be delivered to the delivery address specified by the recipient when ordering or are returned as a return, the following reshipment and refund options apply:
- Undeliverability due to address error, relocation, refusal of delivery, etc. by contractual partners
In the event of undeliverability due to address errors caused by the contractual partner, non-attendance, relocation or similar, or in the event of refusal to accept delivery without notification of revocation, Natur Vital Handels GmbH will not bear the costs for the return shipment or for a desired new shipment . The contractual partners will be informed of these costs. If you agree to pay these costs, a new shipment will be made. If the contractual partner wishes to withdraw from the purchase contract, the purchase price minus the transport and expenses will be reimbursed to the original payment method or the method specified by the contractual partner.
- Traceable delivery errors on the part of shipping service providers
In the event of a delivery error on the part of our shipping service provider, which can be traced back by tracking the shipment, Natur Vital Handels GmbH will bear the costs for the return shipment as well as for a desired new shipment. If the contractual partner wishes to withdraw from the purchase contract as a result of an unreasonable delay in delivery, the full purchase price including delivery charges will be reimbursed to the original payment method or the method specified by the contractual partner.
- Delivery of externally damaged packages (proof required)
In the event of a delivery of packages that are externally damaged, the contractual partner is asked to send photographic evidence or videos to the e-mail address office@klinopur. com and leave the package unopened. The return shipment must include the delivery packaging. This is easy to do by using a larger box as the outer box. Natur Vital Handels GmbH bears both the costs for the return shipment (receipt required) and for the desired reshipment of the replacement delivery. If the contractual partner wishes to withdraw from the purchase contract, the full purchase amount including delivery charges will be credited to the original payment method.
- Change of delivery address after shipment has already taken place
If the contractual partner notifies Natur Vital Handels GmbH in writing of a change in the delivery address after the shipment has already taken place, we cannot guarantee that the goods will be changed. Natur Vital Handels GmbH passes on any changes to the shipping service provider. The further procedure is not subject to the powers of Natur Vital Handels GmbH. If delivery to the changed delivery address cannot be made, Natur Vital Handels GmbH will not bear the costs for the return shipment or for a desired new shipment. The contractual partners will be informed of these costs. If you agree to pay these costs, a new shipment will be made. If the contractual partner wishes to withdraw from the purchase contract, the purchase price minus the actual transport and expenses incurred will be reimbursed to the original payment method or the method specified by the contractual partner.
- Missing delivery of packages officially delivered in tracking
In the event of a report of a missing delivery of packages that were officially and traceably delivered in the shipment tracking, Natur Vital Handels GmbH will place an investigation order with the responsible shipping service manager. The contractual partner must fill out a recipient declaration, which we will send by e-mail, and send it to us by e-mail (office@klinopur. com) or by post to the company address. An investigation can take up to six weeks. Only after this investigation has been completed can action be taken by Natur Vital Handels GmbH based on the results. These results rank as follows:
- Error by shipping service manager
In the event of an error by the shipping service provider, Natur Vital Handels GmbH will bear the costs for a desired reshipment. If the contractual partner wishes to withdraw from the purchase contract, the full purchase price including delivery charges will be reimbursed to the original payment method or the method specified by the contractual partner.
- Error by contractual partner
In the event of a verifiable error on the part of the contractual partner, Natur Vital Handels GmbH will not bear any costs for a desired reshipment. The contractual partners will be informed of these costs. If you agree to pay these costs, a new shipment will be made. If the contractual partner wishes to withdraw from the purchase contract, all costs collected (purchase amount, transport and expenses, etc. ) retained by Natur Vital Handels GmbH if no goods can be returned. If the goods are returned to Natur Vital Handels GmbH, the transport expenses/return shipping costs will be deducted from the refund amount if a refund is requested by the contractual partner.
- Error by Natur Vital Handels GmbH
In the event of an error by Natur Vital Handels GmbH, Natur Vital Handels GmbH will bear the costs for a desired reshipment. If the contractual partner wishes to withdraw from the purchase contract, the full purchase price including delivery charges will be reimbursed to the original payment method or the method specified by the contractual partner.
- No result
If, despite the investigation order, no delivery can be found and no fault can be assigned, Natur Vital Handels GmbH shall bear the costs for a desired reshipment. If the contractual partner wishes to withdraw from the purchase contract, the full purchase price including delivery charges will be reimbursed to the original payment method or the method specified by the contractual partner.
- Terms of payment
Payment is made in the webshop by credit card, PayPal, AmazonPay or Klarna. If necessary, payment on account is possible. This must be sent by the contractual partner via email to office@klinopur. com. Unless expressly agreed otherwise, our payment period for payment on account is 14 days from receipt of the invoice. Any billing will be in euros.
The statutory (default) interest according to § 1333 Para. 1 ABGB is 4% annually for non-merchants according to § 1000 Para. 1 ABGB. - According to § 1333 para. 2 ABGB, the statutory interest on arrears "between entrepreneurs from entrepreneurial transactions" (= bilateral commercial transactions) is 8% "above the base rate" (i.e. s currently total: 10.2%).
In the event of a default in payment, the contractual partner is obliged to reimburse Natur Vital Handels GmbH for all reminder and collection fees incurred as a result of this default in payment for appropriate legal prosecution. Natur Vital Handels GmbH reserves the right to assert higher default damages.
Response time for complaints: Inquiries will be answered within 7 working days.
- Retention of title
Until the purchase price has been paid in full, the delivered goods remain the property of Natur Vital Handels GmbH, Wirtschaftszeile Ost 10, AT - 4482 Ennsdorf/Enns.
- Place of performance
The place of performance for both our service and the consideration is the address of Natur Vital Handels GmbH, Wirtschaftszeile Ost 10, AT - 4482 Ennsdorf/Enns.
- Right of withdrawal
Customers who are consumers within the meaning of the Consumer Protection Act can withdraw from the purchase within 30 days of receipt of the goods without giving reasons (right of withdrawal).
Consumer i. S d Consumer Protection Act is any person for whom a completed transaction is not part of the operation of your business.
The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection and hygiene if their seal has been removed by the contractual partner(s).
It is sufficient if the declaration of withdrawal is sent within the deadline without giving reasons (to be sent to office@klinopur. com).
In the event of withdrawal, the purchase price will only be refunded step by step against return of the goods received from the customer. Both the return of the goods and the refund of the purchase price must be made within 14 days of the return of the goods. The condition for this is that the goods are unused and can be resold as new. Natur Vital Handels GmbH bears the costs of the return.
Natur Vital Handels GmbH will charge an appropriate fee for the reduction in value for items that are impaired or damaged by signs of use. The same applies if accessories (such as manuals, dosing spoons, protective seals, etc.) ) is missing.
Enquiries, information, data requests and complaints should be sent to Natur Vital Handels GmbH by email (office@klinopur) between 9 a.m. and 4 p.m. Monday through Thursday. com).
- Withdrawal form
Natur Vital Handels GmbH
Managing director authorized to represent: Dr. Franz Reitbauer, MBA
Wirtschaftszeile Ost 10
4482 Ennsdorf bei Enns
Austria
Email: office@klinopur. com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
_________________________________________________________
Name of the contractual partner(s)
_________________________________________________________
Address of the contractual partner(s)
_________________________________________________________
Signature of the contractual partner (only if notification is on paper)
_________________________
Date
(*) Delete where not applicable
- Notification of defects
For customers who are entrepreneurs, the notice period is two weeks from delivery.
- Transport damage
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or carrier. to be able to assert the transport insurance.
- Warranty and Guarantees
The statutory right to liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: "You can reach our customer service for questions, complaints and complaints from Monday to Thursday from 8:00 a.m. to 4:00 p.m. and on Friday from 8:00 a.m. to 12:30 p.m. on the telephone number +43 7223 20806 as well by e-mail at office@klinopur. com
- Liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the case of promises of guarantee, if agreed, or as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is based on the limited to the damage foreseeable upon conclusion of the contract, the occurrence of which must typically be expected. For the rest, claims for damages are excluded.
- Code of conduct
We have submitted to the following codes of conduct:
- Formal requirements
All agreements, subsequent changes, additions, ancillary agreements, etc. must be in writing (e-mail, fax or post) to be valid. and require a signature or electronic signature to be legally valid. Notifications via other electronic forms of communication (social media, etc.) ) do not meet the written form requirement.
- Choice of Law
Austrian substantive law applies to this contract, the applicability of the UN Sales Convention is excluded.
- Agreement on place of jurisdiction
The competent court at the registered office of our company is locally responsible for deciding all disputes arising from this contract.
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Status 01/2023