Terms of Service
GENERAL TERMS AND CONDITIONS (GTC) / CANCELLATION POLICY
(see § 8 AGB)
§ 1 scope
The following terms and conditions are part of every contract between USP Innovation u.PatentverwertungsgmbH., Austria, represented by its managing director Mr. Erhard Lengfeldner, who has his business address there (hereinafter: CA&LE) and the customer.
(2) CA&LE provides its services exclusively on the basis of these terms and conditions.
§ 2. Submitting an order
1. When the user wants to place an order, he selects the different products he is interested in and confirms his interest in buying by clicking on the "Add to cart" button. The user can at any time:
display a list of the products you have selected on the screen or change your order by clicking on the "My Cart" button that appears in the top right corner of each page in the "Products" section.
end his product selection or order the products by clicking the "shopping cart" button.
A summary of his order appears on the screen. If the list actually corresponds to his product selection, the user can continue his order by clicking on "I confirm my shopping cart - I acknowledge my obligation to pay for this order" *. The user must provide his data, either by providing his email address and password, if he is already a customer or member of the CA&LE loyalty program, or by providing the
conscientiously fill out the provided form, on which he gives the necessary information for his identification, especially surname, first name, postal address. The user is informed and accepted that any identification entry is considered proof of the user's identity and expresses his consent.
2 .. The presentation of the goods, especially on the Internet, does not yet constitute a binding offer from CA&LE. We save your order and the order data you have entered.
The customer will be informed of the receipt of the order by email. This is not a binding acceptance of the order. The contract only comes into effect when a separate delivery confirmation is sent by e-mail or when the
The language used to conclude and process this contract is German
§ 3 delivery conditions / delivery costs
Unless otherwise agreed in writing, delivery takes place ex warehouse. Is the
Customer consumer, the shipping risk is exclusively borne by CA&LE. If, on the other hand, the customer is an entrepreneur, the risk is transferred to the customer as soon as CA&LE has delivered the item to the freight forwarder or the person or institution otherwise assigned to carry out the shipment.
The delivery takes place within 5 working days, whereby the working days are Monday to Friday, with the exception of public holidays. The period begins with
Conclusion of contract and may vary per country and shipping method.
§ 4 terms of payment
The payment methods granted (PayPal, bank transfer). When paying using the payment method "Payment by PayPal", the purchase price claim PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449Luxembourg is assigned
("PayPal"). The data required for payment processing will be transmitted to PayPal. For the purpose of its own credit check, PayPal transmits data to credit agencies (credit agencies) and receives information from them and, if applicable,
Credit information based on mathematical-statistical procedures (probability or score values), whose calculation includes address data, among other things. By selecting the payment method mentioned, the customer agrees to the transmission of the data to PayPal and the execution of credit checks. Detailed information on this and the credit agencies used can be found in PayPal's data protection regulations.
All prices include the statutory sales tax.
All shipping costs, in particular packaging, transport costs,
Unless otherwise agreed, transport insurance and deliveries are made at the customer's expense, see § 4 (3).
Orders for first-time customers that exceed an amount of EUR 70 can only be paid for in advance or cash on delivery.
If a customer is in default of payment, even if the customer is in default through no fault of their own, the customer is obliged to pay the reminder fees and interest in the amount of 10.5
to be paid% pa. As a result, a debt collection agency is commissioned to collect the debt.
In addition to the aforementioned costs, all costs incurred by the debt collection agency and billed to us, the maximum amount of which results from the ordinance on the maximum rates for debt collection agencies (Federal Law Gazette No. 141/96), are borne by the customer who is culpably in default of payment, provided that these costs are reasonable and necessary for appropriate legal prosecution.
The payments are first offset against interest and costs.
The customer is hereby expressly advised that in the event of default in payment by CA&LE GmbH (CA&LE Kosmetik), the name (including previous names), gender, address, occupation, the outstanding balance and the reminder data in accordance with Section 8 (3) DSG 2000 to the commercial credit register as well as to collection companies authorized to bring in claims.
§ 5 retention of title
The goods remain the property of CA&LE until they have been paid for in full
§ 6 Warranty
With regard to the warranty, the statutory provisions apply, unless otherwise agreed.
The warranty period is 12 months and begins with the handover of the purchased item, provided the customer is a consumer.
If the customer is an entrepreneur, the period is 12 months from delivery of the item. The statute of limitations claims for damages in the event of injury to life, body,
Health that is based on an intentional or negligent breach of duty by the seller or on an intentional or negligent breach of duty by a legal representative or vicarious agent of CA&LE remains unaffected. Furthermore, the statute of limitations for claims for damages in the case of other damages, which are due to an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of CA&LE, remains unaffected. If CA&LE negligently breaches an essential contractual obligation, the statute of limitations for claims for damages also remains unaffected.
Essential contractual obligations are obligations that the contract imposes on CA&LE according to its content to achieve the purpose of the contract, the fulfillment of which the
proper execution of the contract is only made possible and compliance with which the customer can regularly rely (e.g. delivery of the goods and provision of ownership of the goods).
4 The customer, who is an entrepreneur, must examine the goods immediately after delivery by CA&LE insofar as this is feasible in the normal course of business and, if a defect becomes apparent, notify CA&LE immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless there is a defect that could not be identified during the examination. If such a defect appears later, the report must be made immediately after it is discovered. Otherwise, the goods are deemed to have been approved even with regard to this defect. Timely dispatch of the notification is sufficient to protect the customer's rights.
§ 7 cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;
on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, provided that several goods have been ordered as part of a single order and these are delivered separately;
in which you or a third party named by you, who is not the carrier, has the last partial shipment in possession or has the last piece, provided that you have ordered goods that are delivered in several partial shipments or pieces;
To exercise your right of withdrawal, you must contact USP Innvoatin CA&LE Cosmetics. E-mail address: firstname.lastname@example.org ) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to use the
Send notification of the exercise of the right of withdrawal before the withdrawal period has expired.
§ 8 Consequences of Revocation
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination is decisive for the consumer or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly, the expiry date of which would quickly be exceeded;
for delivery, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
The right of withdrawal expires prematurely in the case of contracts
for the delivery of sealed goods that cannot be returned for reasons of health protection or hygiene if their seal has been removed after delivery;
for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back)
To (name, address, fax, email)
I / we (*) hereby revoke the contract concluded by me / us for the purchase of the following goods (*) / the provision of the following service (*)
Ordered (*) / received on (*)
- Name of the consumer (s)
Address of the consumer (s)
- Signature of the consumer (s) (only if this is communicated on paper)
(*) Delete where inapplicable
§ 9 Limitation of Liability
With the exception of injury to life, limb and health, CA&LE is only liable for damage that can be traced back to willful or grossly negligent behavior. This applies to indirect consequential damage, such as, in particular, lost profit.
Except in the case of willful or grossly negligent behavior or damage resulting from injury to life, body and health, liability is borne by them
Conclusion of the contract typically foreseeable damage and otherwise limited in amount to the average damage typical for the contract. This also applies to indirect consequential damage, such as, in particular, lost profit.
Claims for liability based on the Product Liability Act remain unaffected.
§ 10 information on online dispute resolution
On February 15, 2016, the European Commission established an internet platform for online dispute resolution. This should enable consumers and retailers to settle disputes in connection with online sales contracts or online service contracts easily, efficiently, quickly and out of court. The platform can be reached via the website http://ec.europa.eu/consumers/odr .
§ 11 final provisions
1 The law of the Republic of Austria applies to the exclusion of the UN sales law.
Consumers habitually resident abroad can also rely on the law of the country in which they are domiciled, regardless of the specific choice of law.
The place of performance is CA&LE, if the customer is a merchant.
The commercial court in Klagenfurt is responsible for any disputes arising from this contract, provided that the trader is a merchant.