GENERAL TERMS AND CONDITIONS

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GENERAL TERMS AND CONDITIONS

Your contractual partner:

 

HealthBioCare GmbH

Prehausergasse 41

1130 Wien

office@www.healthbiocare.com

(hereafter „we“, „us“ or „HealthBioCare“)

 

Please read these General Terms and Conditions (GTC) carefully before ordering our products (“products”) and services (“services”). When ordering products and services on our website, you acknowledge to be bound by these G.

  1. General

1.1.   Customers may purchase products, mainly dietary supplements which are not subject to prescription, at the web shop of HealthBioCare.

1.2.   These GTC apply to all orders and contracts entered into via HealthBioCare’s webshop.

1.3.   The term „customer“ or „you“ refers to all persons who visit our website or every natural or legal person that enters into a contract with our company.

  1. Age, Customer Information, Conclusion of the contract

2.1.   In order to enter into a contract with HealthBioCare the customer has to be at least 18 years old.

2.2.   The customer is responsible for providing HealthBioCare with correct and complete data. The customer is obliged to inform us about any changes and if necessary edit the provided information and data in the appropriate area on our website. The customer is responsible for any use of his account or password, whether by him or by third parties assigned or authorized by the customer.

2.3.   The presentation of products in HealthBioCare’s online shop does not represent a binding offer. By transmitting your order to HealthBioCare you make an irrevocable offer to buy the selected products. HealthBioCare transmits an automatic order confirmation, this serves only as information for the customer that his offer was received and to provide information for a possible contract processing. This confirmation email does not yet lead to a contract with us.

2.4.   Within two business days at the latest, the customer receives a message from HealthBioCare whether his offer to buy was accepted and the products will be delivered or whether his offer is rejected.

2.5.   All orders are subject to the availability of the selected products and the amount ordered. Shipping dates may vary depending on availability.

  1. Prices and Payment terms

3.1.   The prices of the presented goods are gross prices indicated in EURO including VAT and all taxes. Packing and shipping cost is not included in these prices and will be announced to the customer prior to completing the order process.

3.2.   Clear and easily identifiable inaccuracies and prices, which were clearly falsified, can be corrected by our company within a reasonable time, also after the contract has already been concluded.

3.2.   Payment via PayPal.

3.3.   Payments have to be made in full of the purchase price plus shipping cost. The customer has to bear any transfer charges that may occur.

  1. Delivery and Shipping

4.1.   The shipping address provided by the customer and confirmed by us via email will be assumed the correct address for delivery of the products.

4.2.   Ordered products will be shipped after payment has been received and depending on the availability of the ordered products (usually within 2 to 4 business days after receipt of payment). The delivery time may vary depending on the shipping address.

4.3.   The delivery date presents an estimation and not a binding deadline. We are not accountable for any disadvantage that may occur due to late delivery or non-delivery.

4.4.   Any promises made by HealthBioCare regarding delivery dates are subject to any possible late arrivals due to delays of the delivery services or force majeure for which we may not be held liable.

  1. Right of Withdrawal for EU customers

5.1.   Customers may withdraw from a contract with us within 14 days after delivery of the products without giving reasons. The customer has to return the delivered products within another 14 business days to HealthBioCare’s return address, in accordance with the “Information on Right of Withdrawal” that are attached to these GTC.

5.2.      The right of withdrawal does not exist for the following contracts when

  • products are delivered sealed and are not suitable for return due to health safety and hygiene reasons if their seal has been removed after delivery.
  1. Transfer of Risk, Warranty, Liability

6.1.   The risk of accidental loss or destruction of ordered products passes to the customer at the time of delivery of the products to the delivery address provided by the customer.

6.2.   The warranty obligations are subject to statutory provisions (24 months from the time of delivery).

6.3.   HealthBioCare is only liable for damages arising from intent and gross negligence, with the exception of personal injuries. The existence of slight or gross negligence has to be proved by the damaged party unless the matter at issue is a consumer transaction.

  1. Copyright, Intellectual Property, Links

7.1.   Any contents on HealthBioCare’s website are protected by copyright and only provided for personal use. The same applies to names, logos and other content of the website or papers of HealthBioCare which are also property of HealthBioCare or their contractual partners. Any use contradictory to copyright law, trademark law or other legal provisions and particularly the dissemination of this website’s contents without prior consent of the right holders is prohibited.

7.2.   HealthBioCare grants the customer a limited, non-exclusive, non-transferable access to HealthBioCare’s website for personal and non-commercial purposes.

7.3.   HealthBioCare’s website sets links to external websites beyond our influence. The same applies to external websites which provide access to HealthBioCare’s website via hyperlinks. The limitation of liability of § 17 E-Commerce Act (ECG) shall apply.

  1. Data Protection

8.1.   The customer explicitly expresses his consent for processing and using the data provided during the registration process (first name, last name, Email-Address, phone number, address and password).

8.2.   For further details we refer to HealthBioCare’s privacy policy which foresees the customer’s explicit consent.

  1. Final clause

9.1.   If any provision of these GTC shall be held invalid, void or for any reason unenforceable, the validity and enforceability of the remaining provisions of these GTC shall not be affected.

9.2.   Written notice shall be deemed received if sent to the customer’s last known and disclosed address.

9.3.   Only written agreements between the contractual partners are valid. This shall also apply to the abandonment of the written form requirement. Oral agreements are not legally binding. The customer notes that employees of HealthBioCare or agents acting for HealthBioCare are not authorized to make commitments which deviate from material obligations which had been contractually agreed.

9.4.   These GTC are governed by and construed in accordance with Austrian Law with the exception of the relevant provisions on conflict of laws and the United Nations Convention on Contracts for International Sale of Goods. The materially competent court of the first Viennese district shall be the place of jurisdiction. This does not apply to consumers who can take recourse to any other court with competence to hear their case.

 

INFORMATIONEN CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL

  1. MODEL INSTRUCTIONS ON WITHDRAWAL

 

RIGHT OF WITHDRAWAL

Dear Customer,

You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.

The withdrawal period will expire after 14 (fourteen) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform our company of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post to HealthBioCare GmbH, Prehausergasse 41, 1130 Wien, Austria, office@healthbiocare.at  and telephone (+43 1 3674536). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient to send a note concerning your exercising the right of withdrawal before the withdrawal period has expired.

 

NON-EXISTENCE OF THE RIGHT OF WITHDRAWAL:

The right of withdrawal does not exist any longer for products which have been delivered sealed by HealthBioCare and which are not suitable for return due to health safety and hygiene reasons after the seal has been removed by the customer.

 

EFFECTS OF WITHDRAWAL

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods without undue delay and in any event not later than 14 (fourteen) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 (fourteen) days has expired.

Please be aware that you will have to bear the direct cost of returning the goods. The cost will also vary according to the carrier used.

You remain liable for any possible diminished value of the goods if such diminished value is due to the unnecessary treatment of the goods by you beyond a mere examination of the goods as to their quality, characteristics and function.

Please note that after having removed the seal from products which have been delivered sealed and which are not suitable for return due to health safety and hygiene reasons you do not have the right of withdrawal from the contract any longer.

  1. MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

  • To HealthBioCare GmbH, Prehausergasse 41, 1130 Wien, Austria, office@healthbiocare.at and telephone (+43 1 3674536).
  • I/We ………………… hereby give notice that I/We ………….. withdraw from my/our ………….. contract of sale of the following goods ……………..
  • Ordered on …………./received on ………………
  • Name of consumer(s) ………………….
  • Address of consumer(s) ……………….
  • Date …………………….