General Terms and Conditions

1. APPLICABILITY OF GENERAL TERMS AND CONDITIONS OF BUSINESS 

Unless expressly agreed otherwise, our General Terms and Conditions, of which the contractual partner has been made aware, shall apply. Our contractual partner agrees that in case of doubt, our terms and conditions are to be assumed in the event of the use of GTC by him, even if the contractual partner's terms and conditions remain unchallenged. In this respect, contractual performance on our part shall not be deemed to be consent to contractual terms and conditions that deviate from our terms and conditions. If any ambiguities nevertheless remain in the interpretation of the contract, these shall be eliminated in such a way that those contents shall be deemed agreed which are usually agreed in comparable cases. The following gender designations are understood to be gender-neutral. . 

2. OFFER

The product descriptions listed in our online shop do not constitute binding offers, but are intended for the submission of a binding offer by the customer. An offer by the customer can be made via the online order form in our online shop. For this purpose, the customer must place the desired goods in the virtual shopping basket. The customer must then go through the electronic ordering process. Before placing an order via our web shop, the consumer will be informed about the technical steps leading to the conclusion of the contract. By pressing the button "order with costs", the customer submits a legally binding contract offer with regard to the goods contained in the shopping basket. The contract shall not be deemed concluded until we send a written order confirmation. The order confirmation will be sent to the consumer by e-mail without delay, but no later than the next working day.

3. PRICE

Unless otherwise expressly stated, all prices quoted by us are inclusive of VAT. Should the wage costs change due to collective agreement regulations in the industry or should other cost centres relevant to the calculation, such as those for materials, energy, transport, external work, financing, etc., we shall be entitled to increase or reduce the prices accordingly. 

4. TERMS OF PAYMENT 

Unless expressly agreed otherwise or stated on the invoice, the purchase price shall be paid within 30 days of receipt of the invoice. A cash discount deduction shall only be recognised within the scope of and on the basis of a corresponding agreement. In the case of consumer transactions in the web shop, payment is to be made exclusively with the payment options listed there. In the event of default of payment by the customer, we shall be released from all further obligations to perform and deliver and shall be entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period. 

5. INTEREST ON ARREARS

In the event of late payment by the customer, 4% interest on arrears shall be charged. 

6. ELECTRONIC ACCOUNTING

Our customer agrees that invoices to him may also be created and transmitted electronically. 

7. RESERVATION OF PROPRIETARY RIGHTS

The goods remain our property until full payment of the purchase price and all costs and expenses. In the event of default, we shall be entitled to assert our rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract. In the event of goods being taken back, the costs of returning the goods shall be borne by the customer. Return consignments must be paid for in cash at the post office; we will not accept goods returned freight collect. In the event of access by third parties to the goods subject to retention of title - in particular through seizure - the customer undertakes to draw attention to our ownership and to notify us immediately. The customer may not dispose of the reserved goods, in particular sell, pledge, give away or lend them, until the outstanding purchase price claim has been settled in full. The customer shall bear the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

8. PENAL PENALTY

In the event of default in acceptance or other important reasons, such as in particular bankruptcy of the customer or dismissal of bankruptcy for lack of assets, as well as in the event of default in payment by the customer, we shall be entitled to withdraw from the contract, insofar as it has not yet been completely fulfilled by both parties. In the event of withdrawal, we have the option, if the customer is at fault, to claim a flat-rate compensation of 15% of the gross invoice amount or compensation for the actual damage incurred. 

9. RIGHT OF RESCISSION 

When concluding contracts in the online shop, the customer may withdraw from the contract within 14 working days. The period begins on the day the goods are received by the customer. It is sufficient to send the declaration of withdrawal within this period. The declaration of withdrawal is not bound to any particular form. It can be sent to us by post (BRÜDER UNTERWEGS GESELLSCHAFT m.b.H, Thal-Aue 13, 9911 Assling) or by e-mail (office@unterweger-wellness.com). The declaration must state the customer's express wish to withdraw from the contract. In the event of withdrawal by the customer, we must refund all payments made by the customer, including delivery costs (with the exception of costs for a type of delivery requested by the customer that differs from the standard delivery) within 14 days of receipt of the declaration of withdrawal or of receipt of the returned goods by us. For the repayment, the same means of payment shall be used that the customer indicated during the purchase transaction. No fee will be charged for this. The repayment may be withheld until the goods delivered by us have been received by us. In the event of withdrawal, the goods must be returned to us or handed over to us without delay - at the latest within 14 days of the declaration of withdrawal. The deadline is met if the goods are demonstrably dispatched before the deadline expires. If the customer withdraws from the contract in accordance with this provision, he shall bear the costs of returning the goods. Return shipments must be paid for in cash at the post office; we will not accept goods returned freight collect. The customer shall be liable for any loss in value if the loss in value is due to the customer having handled the goods in a manner not necessary for the inspection of the condition, properties and functioning of the goods. In the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of hygiene or protection of physical integrity, the customer's right of withdrawal shall expire prematurely if the seal has been removed after delivery. 

10. PLACE OF FULFILMENT

Place of performance is the registered office of the company

11. TRANSPORT – RISK TRANSFER

In the absence of any express and written agreement to the contrary, our goods shall be deemed to be sold "ex works" (Brüder Unterweger GesmbH, Assling) with regard to the transfer of risk. Partial deliveries are permissible. 

12. NICHTERFÜLLUNG/LIEFERVERZUG 

Our information on delivery periods shall be deemed to be approximate and shall in principle not be binding. The purchaser must in any case accept minor and objectively justified delays in delivery without being entitled to claim damages or the right to withdraw from the contract. We will then, if the actual exceeding of the deadline can be estimated, announce how long a delay is to be expected. 

13. MINOR CHANGES IN PERFORMANCE  

Objectively justified and minor changes to our performance obligation which do not affect the price may be made by us and shall be deemed reasonable for our customer and approved in advance. 

14. GUARANTEE

In the event that the goods are defective, the statutory warranty provisions shall apply. The customer must complain about any defects immediately and give us the opportunity to improve the defect or replace the goods. If an improvement is not possible or involves a disproportionately high effort, an appropriate price reduction may be claimed or a cancellation of the contract may be pursued. The customer must always prove that the defect was already present at the time of delivery. The goods must be inspected immediately after delivery. Defects discovered in the course of such inspection shall also be notified to the seller without delay, but no later than 30 days after delivery, stating the nature and extent of the defect. Hidden defects shall be notified immediately after their discovery. If a notice of defect is not made or not made in time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages as well as the right to contest errors due to defects are excluded in these cases. 

15. PRODUCT LIABILITY

In the event of product damage within the meaning of the Austrian Product Liability Act (PHG), the customer shall indemnify and hold us harmless from and against claims for damages by third parties; this shall apply in particular if the cause of the damage lies within the customer's sphere of control or organisation and the customer is liable in relation to third parties. 

16. PROHIBITIONS ON PERFORMANCE AND RETENTION

Justified complaints do not entitle the customer to withhold the entire invoice amount, but only an appropriate part of it, except in cases of rescission. 

17. ASSIGNMENT OF RECEIVABLES

In the event of delivery under retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, until final payment of our claims. Upon request, the customer shall name its customers and notify them of the assignment in due time. The assignment is to be entered in the business books, in particular in the open items list, and made visible to the customer on delivery notes, invoices, etc. The customer is to inform us of the assignment in good time. If the customer is in arrears with his payment to us, the sales proceeds received by him shall be segregated and the customer shall hold these only in our name.

18. DATA PROTECTION, CHANGE OF ADDRESS AND COPYRIGHT 

Personal data is only collected to the extent that is technically necessary and necessary for the conclusion of the purchase contract. Under no circumstances will the collected data be sold. The customer gives his consent that the personal data included in the purchase contract may be stored and processed by us with the aid of automated systems in the performance of this contract. The customer is obliged to inform us of any changes to his residential or business address as long as the legal transaction which is the subject of the contract has not been completely fulfilled by both parties. If the notification is omitted, declarations and transactions shall be deemed to have been received even if they were sent to the last address notified. The person responsible for the data processing of our online shop within the meaning of the General Data Protection Regulation (DSGVO) is NAME, ADDRESS, Tel: EMAILADDRESS. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data. In the case of a purely informative visit to our website, we collect the date and time of access, the amount of data sent in bytes, the source that led you to our page, the browser, the operating system and the IP address used, if applicable in anonymised form. This data is required to display the website to you. To process an order or purchase of goods, we work together with various service providers. These support us in whole or in part in the execution of concluded contracts. Personal data is transmitted in the process. In particular, the personal data collected by us will be passed on to the commissioned carrier within the framework of the execution of the contract, if this is necessary. In addition, payment data is passed on to commissioned credit institutions if this is necessary. The legal basis for this forwarding results from Art 6 para 1 lit b DSGVO. You have a right to information as defined in Art 15 DSGVO. In particular, you have the right to information about your personal data processed by us, the purpose of the processing, the categories, the recipients or categories of recipients to whom your data are transferred, the expected storage period and the reason for storage, the existence of the right to rectification, deletion, restriction and objection to processing, complaints to a supervisory authority, the origin of the data if they were not collected by us, what precautions have been taken in the event of forwarding of data. You have a right to rectification as defined in Art. 16 DSGVO to the immediate correction of inaccurate or incomplete data concerning you. You also have the right to request the deletion of your personal data as defined in Art 17 (1) DSGVO. However, this right does not apply in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims. Furthermore, you have the right to restrict the processing of your personal data in accordance with Art 18 DSGVO. If you have asserted the right to rectification, erasure or restriction vis-à-vis the controller, the controller must instruct all recipients of your data to rectify, erase or restrict processing, unless this would entail disproportionate effort. You have the right to be informed about the recipients. Your data may be transferred to you in accordance with Art. 20 DSGVO. Furthermore, you have the right to revoke your consent at any time, with effect for the future, in accordance with Art 7 (3) DSGVO. In such a case, the respective data will be deleted immediately if further processing cannot be based on processing without consent in accordance with the law. The revocation does not affect the lawfulness of the processing carried out until the revocation. In addition, you have the right to lodge a complaint with a supervisory authority as defined in Art 77 DSGVO if you believe that the processing of your personal data violates the DSGVO. If your personal data is processed by us for direct advertising, you have the right to object to the processing for the purpose of advertising at any time. In the event that this right is exercised, no further processing of your data for advertising purposes will take place. The duration of storage depends on the legal basis, the purpose of processing and the period of a retention obligation. In the case of processing of personal data on the basis of explicit consent as defined in Art 6 (1) a DSGVO, the data will be stored until the consent is revoked. If there are legal obligations to retain data, the data will be deleted after expiry of these periods if they are not required for the execution or initiation of the contract or if there is no other justified interest in further processing. Stored personal data is deleted when it is no longer required for the purposes for which it was processed. 

19. CHOICE OF LAW, PLACE OF JURISDICTION  

The place of jurisdiction for all disputes arising directly or indirectly from the contract between us and the customer shall be the court in Austria which is locally and factually competent according to our registered office, unless there is a written agreement to the contrary between the parties. These GTC and the entire legal relationship between us and the customer shall be governed exclusively by Austrian law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Should individual provisions of these GTC be invalid, only the respective provision shall be invalid and this shall not affect the validity of the remaining provisions. In the event of the invalidity of a provision, a provision corresponding to the law and coming closest to the invalid provision shall be deemed agreed.