GENERAL TERMS AND CONDITIONS for the ONLINE-SHOP
These General Terms and Conditions (“GTC”) apply to all orders placed via the online store of this website. Deliveries and services are provided exclusively on the basis of the present GTC. General terms and conditions, delivery or other conditions of purchase of the customer are not applicable.
2. Offers and conclusion of contract
2.1 All offers made by the Website Operator on the Website are subject to change and non-binding and are to be understood as an invitation to place an order by the Customer. Prices are expressly subject to change.
2.2 Orders placed by the customer via the online form or by e-mail to firstname.lastname@example.org are binding offers to conclude a contract. After receipt of an order by the website operator, the customer receives a written order confirmation by e-mail. The contract is not concluded until the written order confirmation is sent. Any automatically generated confirmation of receipt of an order (order confirmation) is not to be understood as acceptance of an offer by the customer by the website operator.
2.3 The Website Operator reserves the right to refuse or not to execute orders of the customer – this without giving reasons. The non-execution of the order is equivalent to its rejection.
2.4 For consumers in the sense of the Consumer Protection Act (“KSchG”) the right of withdrawal described in point 5. applies.
2.5 If your order includes goods whose sale is subject to age restrictions, we shall ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. The delivery person will hand over the goods only after the age check has been carried out and only to the orderer personally.
3. Delivery and packaging
3.1 The ordered goods are delivered to the customer.
3.2 The delivery of the ordered goods is generally carried out by parcel delivery by mail or by parcel service. The choice of the type of shipping and the transport tax is reserved exclusively for the website operator and the customer expressly agrees to this. Express and air freight surcharges will be charged separately.
3.3 However, the handover to the carrier and the delivery of the ordered goods as well as the handover to the customer in case of self-collection of the ordered goods in the retail store shall only take place after full payment of the price (prepayment). The Website Operator reserves the right, at its own discretion, to deliver the goods to the Customer even before full payment of the purchase price.
3.4 Deliveries are only possible within Austria.
3.5 The delivery costs are to be borne by the customer and will be added to the invoice.
3.6 Packaging shall be in the customary manner. Any additional packaging shall be borne by the customer. The customer shall arrange for the disposal of the packaging at his own expense.
4. Delivery dates and deadlines
4.1 The delivery periods stated on the website or announced after the order shall apply. The delivery periods stated on the website and in these GTC or announced after the order correspond to the respective planning status and are therefore generally to be regarded as non-binding. In the event of significant delays in delivery, the customer will be notified by e-mail.
4.2 Delays in delivery due to delays in delivery by upstream suppliers and due to events beyond the control of the Website Operator as well as due to force majeure are not the responsibility of the Website Operator. The customer cannot assert any claims whatsoever due to such delays in delivery.
5. Conclusion of contract with consumers, exclusion of the right of withdrawal
5.1 The following shall apply exclusively to consumers within the meaning of the KSchG: When concluding a contract at a distance (i.e. using means of distance communication, such as the Internet, telephone, fax), the consumer shall, in accordance with Section 11 of the Distance and Foreign Transactions Act (“FAGG”), generally be entitled to withdraw from the contract without stating reasons within 14 (fourteen) days from the day on which the consumer or a third party named by the consumer, who is not the carrier, has taken possession of the goods. In order to exercise the right of withdrawal, the consumer must inform the website operator of the consumer’s decision to withdraw from the contract by means of a clear declaration (e.g. a letter sent by post to Kottas Pharma GmbH, Eitnergasse 8, A-1230 Vienna, or an e-mail to email@example.com. The consumer may use the withdrawal form attached to this agreement to withdraw from the contract. For this purpose, the consumer may use the withdrawal form included in the appendix to these GTC, which, however, is not mandatory. To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period. If the consumer revokes the contract, the website operator shall, in accordance with Section 14 (1) FAGG, reimburse the consumer all payments received by the website operator from the consumer, including delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of delivery other than the most favorable standard delivery offered by the website operator), without undue delay and no later than within fourteen days from the day on which the website operator received the notification with the revocation of the contract. The same means of payment that was used for the original transaction will be used for the repayment. In no case will a fee be charged because of the repayment. The costs of the return shipment shall be borne by the consumer in accordance with Section 15 (2) FAGG. In case of unfree return by the consumer, the website operator reserves the right to deduct the costs of return borne by him from the amount to be repaid to the consumer pursuant to Section 14 (1) FAGG.
5.2 The right of withdrawal pursuant to Section 11 FAGG is excluded pursuant to Section 18 (1) FAGG, for example, in the event that the goods purchased by the customer through the online store of this website are custom-made and thus goods that are made exclusively according to customer specifications or clearly tailored to the personal needs of the customer, can spoil quickly or whose expiration date would be quickly exceeded, or are delivered sealed and are not suitable for return for reasons of health protection or hygiene reasons, provided that their seal has been removed after delivery. The return of the ordered goods by the customer in the cases of § 18 paragraph 1 FAGG is therefore expressly excluded, so that the customer owes the full price even in the case of non-acceptance or unjustified withdrawal from the contract.
6. Place of performance and transfer of risk
6.1 The place of performance shall be exclusively the registered office of the Website Operator, i.e. Eitnergasse 8, A-1230 Vienna.
6.2 The risk of price and performance shall pass to the customer when the goods are handed over to the deliverer. The risk of transport is borne by the customer. The Website Operator is not obliged to take out transport insurance.
6.3 Exclusively for consumers in the sense of the KSchG § 7b KSchG applies: When the goods are shipped, the risk of loss or damage to the goods shall not pass to the consumer until the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. However, if the consumer himself/herself has concluded the contract of carriage without using a selection option suggested by the website operator, the risk shall pass as soon as the goods are handed over to the carrier.
7. Prices and terms of payment
7.1 The prices are in Euro including the legal value added tax.
7.2 The website price valid for the respective delivery on the day of the order shall be deemed agreed as the price.
7.3 Payment shall be made through the online payment services enabled on this website (PayPal, credit card, instant bank transfer, etc.).
7.4 The Website Operator reserves the right, at its own discretion, to accept an order of goods on account and to carry out the delivery of the ordered goods to the Customer even before the full payment of the purchase price. In this case, the purchase price is due for payment within 10 (ten) banking days from the invoice date. In case of late payment, interest on arrears of 5% is agreed.
8. Retention of title
8.1 The goods shall remain the sole property of the Website Operator until all claims against the Customer have been fulfilled, in particular the payment of the price including ancillary claims (transport costs).
9. Warranty and compensation
9.1 The Website Operator does not provide any warranty for the ordinary wear and tear of the goods or their packaging or for defects caused by improper handling.
9.2 If the goods provided by the website operator show one or more defects, the customer has to claim this within six months. For consumers within the meaning of the Consumer Protection Act (KSchG), the statutory warranty period pursuant to § 9 of the General Civil Code (ABGB) shall apply in deviation from this. Should the website operator be obligated to provide a warranty, the website operator is entitled to improve the defective product or to exchange it for a defect-free product at its own discretion. Improvement and exchange shall take place within a reasonable period of time.
9.3 The website operator is not liable for damages incurred by the customer due to the defectiveness of the goods or due to the breach of another obligation under the contract, unless the website operator is at fault due to intent or gross negligence. The provisions of the Product Liability Act remain unaffected.
9.4 The Website Operator does not guarantee the accuracy, completeness and timeliness of the information provided on this website and expressly reserves the right to make errors, especially with regard to price markings and color deviations.
10. Data protection and electronic mail
10.1 The website operator processes the personal data provided by the customer in the context of the online order for the purpose and for the duration of the contract, i.e. for the processing of the order, for the processing of payment transactions and for the clarification of questions in the context of the order as well as for the fulfillment of legal requirements.
10.2 Pursuant to Section 8 (1) (2) of the Data Protection Act (“DSG”), the customer declares his consent that the data to be entered by the customer in the context of the online order may also be used by the website operator for purposes of contract performance and for marketing purposes. These declarations of consent can be revoked at any time by sending an e-mail to firstname.lastname@example.org.
11. Miscellaneous, applicable law and place of jurisdiction
11.1 The website operator points out that these GTC are subject to change. The GTC are applicable in the respective valid version at the time of the order. It is therefore recommended to call up and read the GTC before placing any order.
11.2 The possible invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the invalid provision in terms of legal and economic sense and purpose.
11.3 Austrian law shall apply to the exclusion of the conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods. This shall also apply to questions concerning the conclusion or interpretation of the GTC and the contract. This choice of law shall only apply insofar as the customer is not thereby deprived of the protection granted by mandatory provisions of his home country. Home country is the country in which the customer has his habitual residence.
11.4 The exclusive place of jurisdiction for both parties shall be the court having subject-matter jurisdiction in Vienna. In case of actions against consumers, their general place of jurisdiction shall apply.
12. Information on Online Dispute Resolution
12.1 Information on the online dispute resolution platform (“OS Platform”) pursuant to Regulation (EU) No. 524/2013 on the online resolution of consumer disputes (“ODR Regulation”) is available at the internet link http://ec.europa.eu/odr. The e-mail address of the website operator is email@example.com.
Model cancellation form (ANNEX)
If you wish to revoke the contract, please fill out this form and send it back to
Kottas Pharma GmbH
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods: (*)
Ordered on (*)
Received on (*)
Invoice number: (*)
Name of the consumer(s) (*)
Address of consumer(s): (*)
Place and date: (*)
Signature of the consumer(s) (only for notifications on paper)