General Terms and Conditions (GTC)
General Terms and Conditions (GTC)
Tel: +43 (0) 1/355-6789-0
Fax: +43 (0) 1/355-6789-99
VAT ID: ATU74193712
Commercial Register No.: 508421 d
CEO: Stephan Nowoczek
I. General information/scope
- Our deliveries, services and offers for the sale of goods, which are purchased by the customer of BioPure.eu Limited (hereinafter referred to as BioPure.eu) in the online shop or directly, are exclusively subject to the following general terms and conditions.
- The general terms and conditions are accepted by the customer when an order for a product is placed and thus come into effect.
- Deviating agreements from the general terms and conditions require a written confirmation from BioPure.eu to obtain validity.
- Verbal collateral agreements are invalid.
- BioPure.eu is entitled to change or supplement the general terms and conditions at any time. Orders will be processed according to the GTCs valid at the time of order.
II. Conclusion of contract
- Our online shop provides merely a non-binding overview of and information about our products. Our offers are non-binding, so the shop operator (BioPure.eu) is not obliged to perform in case of unavailability.
- The customer will be informed about receipt of the order by an automatic order confirmation sent by email from BioPure.eu. However, this order confirmation does not constitute acceptance of the order.
- The subject matter of the contract are both those articles which are transmitted by the customer in the form of the online order of BioPure.eu by means of an offer, and the type of shipment as determined by BioPure.eu.
- From receipt of the order at BioPure.eu, the customer is bound to its offer to conclude the contract for a period of eight days.
- The purchase contract for the individual services is concluded only when the goods are sent to the customer and the purchase contract is thus perfected. The acceptance of the purchase contract by BioPure.eu is confirmed to the customer with notification of the delivery by email.
- In the case of collection by the customer, the purchase contract for the individual services comes into effect upon collection from BioPure.eu.
III. Delivery/transport risk and collection by the customer
- The place of performance is Guntramsdorf.
- Delivery shall be made as soon as possible after BioPure.eu has accepted the order.
- The delivery of the goods takes place from BioPure.eu’s warehouse and is carried out by a transport company commissioned by BioPure.eu or as considered appropriate by BioPure.eu.
- Delivery takes place worldwide.
- The risk of loss of the goods or the risk of delayed delivery shall pass to the customer as soon as the goods are handed over to the transport company.
- For BioPure.eu, the presentation of the transport company’s delivery receipt is sufficient as proof of the proper dispatch of the goods.
- The customer may only accept damaged goods from the transport company once the damage has been recorded and acknowledged by this company. In case of non-compliance, the buyer shall bear the resulting damage himself.
- Goods damaged in transit are not to be returned to BioPure.eu, but made available to the transport company.
- In case of collection by the customer from BioPure.eu, the goods will be ready eight days after acceptance of the order. BioPure.eu is responsible for the risk of destruction within this eight day period, after which, if the contract has not been properly rescinded, the risk passes to the customer without further ado. Collection by the customer is only possible in exceptional cases.
- Hidden defects must be reported immediately upon discovery to BioPure.eu.
IV. Prices and shipping costs
- The prices for the offered goods and their shipment listed on the website at the time of ordering apply both for online orders and collection by the customer.
- When the online product offer is updated, all previous prices or offers lose their validity.
- The prices in the shop are applicable to online orders only. This does not include, in particular, the costs of shipping and packaging and, in the case of C.O.D. shipments, the cash on delivery fee and/or import costs (e.g. customs duty), which are to be borne by the customer.
- The shipping costs shall be paid by the customer and depend on the pricing of the respective transport company, over which, however, the company BioPure.eu has no influence. Nevertheless, BioPure.eu will ensure that the cheapest offer is used for the transport.
- BioPure.eu points out that the shipping charges may increase the further the delivery is sent.
- For a better overview, the shipping costs are shown separately on the invoice.
V. Terms of payment and reservation of title.
1. Payment of the ordered goods takes place
a) by advance payment
b) by credit card in advance (MasterCard or Visa)
c) by PayPal (internet payment service)
for collection by the customer:
a) in cash
b) by credit card (MasterCard or Visa)
d) Payments by invoice or delivery note require a separate written agreement between BioPure.eu and the customer.
e) BioPure reserves the right to change the agreed form of payment, invoice or delivery note back to the payment modalities for dispatch or collection by the customer at any time.
f) Unless otherwise agreed, all invoices are due for payment within 10 days of the invoice date.
g) In the event of payment default, the customer undertakes to pay statutory interest of 4% as well as all reminder and collection charges.
h) Deliveries outside Austria will generally only be processed under the payment modalities for dispatch.
2. Reservation of title.
a) The delivered or collected goods remain the property of BioPure.eu until full payment of the purchase price including all additional charges. The customer is obliged to protect goods that are subject to retention of title from depreciation.
b) The acceptance of returned goods as a result of retention of title shall not affect our original purchase price claim including incidental costs in full.
c) The costs arising from the assertion of our rights from the retention of title shall be borne by the customer.
VI. Right of return, withdrawal from contract according to KSchG (Consumer Protection Act)
- Customers who are consumers within the meaning of the Consumer Protection Act may withdraw from the contract and return the delivered goods within a period of seven working days from receipt of delivery of the ordered goods without stating any reasons.
- Saturdays are not considered working days.
- The period begins on the day on which the customer receives the goods.
- The right of withdrawal is valid only if the goods are returned unopened (original packaging) in a resellable condition to BioPure.eu.
- The customer bears the costs for the return shipment.
- In the event of withdrawal, the purchase price will be fully or partially refunded only after we have checked the returned goods, whereby the previously paid purchase price will be transferred to an account named by the customer within fourteen days of receipt of the returned goods.
- BioPure.eu guarantees that the goods offered on the internet are free from chemical substances and are qualified as food, and undertakes to record this on the packaging.
- BioPure.eu guarantees that the goods offered on the internet have been produced to the best of the manufacturer’s knowledge and conscience.
- Statutory warranty rights exist for all goods from our shop.
- The customer undertakes to use the products exclusively for the intended purpose of food supplement and after reviewing and understanding the product description.
- The customer undertakes to inform his doctor about the planned intake of the products before taking the dietary supplements, in the event of the customer being under medical treatment.
- BioPure.eu accepts no liability for incorrect application, e.g. wrong dosage.
- BioPure.eu accepts no liability for the absence of any success expected by the customer or assumed effect of the goods.
- BioPure.eu is not liable for damage caused by minor negligence.
IX. Data protection
- The data necessary for the ordinary course of business will be stored and processed on a server using encryption technology of BioPure.eu.
- In accordance with the data protection provisions of the 2000 Austrian Data Protection Act (DSG 2000), all data will be treated confidentially and not passed on and BioPure.eu will endeavour, as far as possible, to enable the use of the offer without providing personal data within the meaning of DSG 2000.
- Personal data of customers within the meaning of DSG 2000 are collected only within the scope of an order or when opening a customer account.
- The passing on of personal data in the sense of the DSG 2000 takes place exclusively and only to the transport company commissioned with the delivery, to the extent this is necessary, and this passing on of the necessary data takes place with the agreement of the customer of BioPure.eu.
- In order to process the payment modality, the payment data provided by the customer - account number, sort code, bank - will be forwarded to the credit institute or bank commissioned with the payment.
- Note: The use, processing and transmission of customer data for marketing purposes may be revoked at any time by the customer by email to firstname.lastname@example.org or registered letter to BioPure.eu GmbH, Rathausviertel 4, 2353 Guntramsdorf and the consent revoked.
X. Choice of law, place of jurisdiction and validity
- Austrian law shall apply to the entire contractual relationship, with the exception of the separate delivery contract with the transport company.
- The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
- In the event of disputes arising from the contractual relationship, Wr. Neustadt is deemed to be agreed as the local jurisdiction, unless otherwise stipulated in Art. 14 KSchG (Consumer Protection Act).
- In the case of contracts with a foreign connection within the EU, the local jurisdiction of Wr. Neustadt district court is deemed agreed, unless Art. 16 of the Council Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters stipulates otherwise.
- The invalidity of one or more provisions of these GTCs will not affect the validity of the other provisions or of the concluded contract.
XI. Final provisions
- We advise you to read the instructions for use and inform your doctor before taking the food supplement.
- The consumption quantities indicated on all products must not be exceeded under any circumstances.
- Dietary supplements are no substitute for a balanced and varied diet.
- Food supplements should be kept out of the reach of children.