In our terms and conditions, the generic masculine is used for reasons of better readability. Female and other gender identities are expressly included insofar as this is necessary for the statement.
1. 1 These general terms and conditions (hereinafter "GTC") of Natur Vital Handels GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer" or "contractual partner") with concludes with the seller. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed in writing.
1. 2 Within the meaning of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1. 3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
1. 4 The subject of the contract can - depending on the seller's product description - be both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). With the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually owed time intervals.
2. Conclusion of contract
2. 1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2. 2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, online contact form, post or telephone.
2. 3 The seller can accept the customer's offer within five 'business days',
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after they have placed their order.
If customers do not receive an order confirmation after six working days, they are responsible for asking the customer.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2. 5 If you select the "Amazon Payments" payment method, the payment will be processed via the payment service provider Amazon Payments Europe s. c a , 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments. amazon. en/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.
2. 6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. B e-mail, fax or letter). The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2. 7 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2. 8 German and English are available for the conclusion of the contract.
2. 9 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3. Right of withdrawal
3. 1 Consumers generally have a right of withdrawal.
3. 2 More information on the right of cancellation can be found in the seller's cancellation policy.
3. 3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4. Intellectual Property Protection
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 requested back 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.
In addition, our contractual partners undertake to keep the knowledge they have gained from the business relationship secret from third parties, provided that 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.
5. Prices and terms of payment
5. 1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
5. 2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. B transfer fees, exchange rate fees) or import duties or taxes (ex. B Duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5. 3 The payment option(s) will be communicated to the customer in the seller's online shop. Any billing will be in euros.
5. 4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5. 5 When selecting a payment method offered via the "PayPal" payment service, the payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he pays the customer in advance (e.g. B Purchase on account or installment payment), he assigns his payment claim to PayPal or PayPal. to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or The payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or to be paid within the agreed payment intervals. In this case, he can only contact PayPal or pay the payment service provider commissioned by PayPal with a debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes.
5. 6 If you select a payment method offered via the "mollie" payment service, the payment will be processed via the payment service provider Mollie B. V , Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. Mollie can use other payment services to process payments, for which special terms of payment apply, to which the customer may is pointed out separately. Further information on "mollie" is available online at https://www. molly com/de/ available.
5. 7 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
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" (= two-way 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.
5. 8 If you select a payment method offered via the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:
6. Terms of delivery and shipping
6. 1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
6. 2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
6. 3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller delivers the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment has. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.
6. 4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6. 5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
7. Delivery problems, reshipment and refund of the purchase amount
Seller guarantees reshipment only for traceable lost or full postage paid returned shipments subject to the additional conditions below. Therefore, please send goods never freight collect 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 without notification of revocation, the seller does 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, they will be reshipped. 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 through shipment tracking, the seller bears both the costs for the return shipment and 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 immediately 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. The seller 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
Should the contractual partner inform the seller in writing of a change in the delivery address after dispatch has already taken place, we cannot guarantee that the goods will be changed. The seller will forward any change to the shipping service provider. The further procedure is not subject to the powers of the seller. If a delivery to the changed delivery address cannot be made, the seller does 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, they will be reshipped. 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 officially and traceably delivered in the shipment tracking, the seller 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 the seller based on the result. These results rank as follows:
- Error by shipping service manager
In the event of an error on the part of the seller's shipping service provider, they 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, they will be reshipped. If the contractual partner wishes to withdraw from the purchase contract, all costs collected (purchase amount, transport and expenses, etc. ) retained by the seller if no goods can be returned. If the goods are returned to the seller, 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 the seller, the seller bears the costs for a requested 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 no delivery can be found despite the investigation order and no fault can be assigned, the seller bears 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.
8. 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.
9. 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.
10. Notification of defects
For customers who are entrepreneurs, the notice period is two weeks from delivery.
11. Liability for defects (warranty)
11. 1 Unless otherwise stated in the following regulations, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:
11. 2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, rights and claims due to defects are excluded;
- the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.
11. 3 The limitations of liability and reductions in deadlines set out above do not apply
- for customer claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
11. 4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing legal right of recourse remain unaffected.
11. 5 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
12. Redeeming promotional vouchers
12. 1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period become.
12. 2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
12. 3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
12. 4 Only one promotional voucher can be redeemed per order.
12. 5 The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
12. 6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
12. 7 The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
12. 8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
12. 9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
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.
14. Governing Law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the sovereign territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Republic of Austria, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
16. Alternative Dispute Resolution
16. 1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec. Europe. eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
16. 2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
17. Contract duration and contract termination for subscription contracts
17. 1 The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.
17. 2 Terminations can be made in writing, in text form (e.g. B by e-mail) or in electronic form via the cancellation device (cancellation button) provided by the seller on his website.