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GENERAL TERMS AND CONDITIONS OF BUSINESS

  1. Validity

These General Terms and Conditions constitute the exclusive basis for all business relationships established between the company Sanutrition GmbH (hereinafter: “SANUTRITION”), Markstraße 5, 83536 Gars am Inn, Germany and its customers by telephone and via the online store www.sanutrition.com. The General Terms and Conditions in the version valid at the time of the conclusion of the contract shall apply. These are available free of charge at www.sanutrition.com in storable and printable versions. SANUTRITION does not recognize deviating terms and conditions of the Customer unless SANUTRITION has expressly agreed to their validity in writing.

  1. Conclusion of contract

(1) The offers presented in the online store or in SANUTRITION’s advertising brochures are subject to change and are not offers in the legal sense. It is an invitation to the Customer to submit a binding offer to SANUTRITION.

(2) By clicking the button “Order subject to payment” in the ordering process in the online store, the customer makes a binding offer to purchase the goods in the shopping cart and declares by clicking the box “Terms and Conditions” in any case to have read and accepted the General Terms and Conditions.

(3) The customer may also submit a binding offer to purchase the specified goods by sending an order form and declares to have read and accepted the General Terms and Conditions attached in the brochures or on the homepage in any case.

(4) Immediately after completion of the order process, the customer will receive an order confirmation sent by e-mail or by post about the successful completion of the order and its details. The order confirmation does not constitute an acceptance of the offer by SANUTRITION, but merely informs the Customer that the order has been received.

(5) A contract is only concluded through an express declaration of acceptance by SANUTRITION, which is sent with a separate e-mail, or through shipment of the goods.

(6) The customer may also make a binding offer to purchase the goods designated by him by telephone. In this case, the contract is concluded at the latest with the dispatch of the goods.

(7) If the ordered goods are not available and therefore the order of a Customer cannot be executed by SANUTRITION, the Customer will be informed immediately. Any consideration already paid shall be refunded without delay.

(8) SANUTRITION reserves the right to reject offers without giving reasons. In the event of an express rejection of the offer, the customer shall be notified thereof without undue delay. Any consideration already paid by the customer shall be refunded without delay.

(9) The Customer is obliged to fill in (provide) the fields (or information) provided in the order form completely and truthfully. SANUTRITION stores the order after the conclusion of the contract.

  1. Delivery and transfer of risk

(1) Delivery shall be made by sending the goods to an address designated by the customer. The shipping costs, which are displayed in the webshop with the goods and/or when paying for the goods, on the homepage or on an order form, are to be paid by the customer. In the event that an existing right of withdrawal is exercised (see point 7.), the customer shall bear the costs of the return shipment.

(2) For packaging and shipping, the following shipping fees are charged: Germany: From 50, – Euro order value free shipping to Germany, below shipping flat rate of 4.90 Euro Austria: From 50, – Euro order value free shipping to Austria, below shipping flat rate of 4.90 Euro. Switzerland: Shipping fee of 25 Euro. For deliveries to other countries, the actual costs incurred will be charged and we ask you to contact us by telephone.

(3) In principle, orders shall be executed as soon as possible, however, at the latest within the statutory delivery period of 30 days after conclusion of the contract. Delays due to force majeure shall not be included and shall extend the delivery period by the duration of the force majeure event. In any case, the customer will be informed if his order cannot be fulfilled or cannot be fulfilled within a reasonable period of time. If we become aware during the order that the customer’s order cannot be fulfilled (e.g. due to delivery difficulties), the customer will be informed of this circumstance immediately by telephone or in writing by e-mail and will be reimbursed for any consideration already paid. SANUTRITION is entitled to send the ordered goods also in partial deliveries if a complete delivery is not possible within the scope of one shipment because the goods are not immediately available.

(4) In the event of a mere delay in delivery, the customer has the right to withdraw after a further 14 days. If the ordered goods cannot be delivered even within a further period of 7 days, both parties have the right to withdraw from the contract. Payments already made will then be refunded to the customer by us without delay.

(5) In the case of delivery, the risk of loss or damage to the goods shall pass to the Customer upon handover of the goods to the Customer or a third party designated by the Customer (not the carrier). If a Customer has concluded the transport contract himself/herself without using a selection option suggested by SANUTRITION or if an entrepreneur is a contractual partner of SANUTRITION, the risk is already transferred to the carrier when the goods are handed over.

(6) The delivery shall only be covered by transport insurance at the express request of the Buyer and at the Buyer’s expense.

(7) If a delivery to a certain country is not listed on this website, the customer is asked to contact us via email (office@sanutrition.com). Furthermore, delivery to countries other than Austria, Germany and Switzerland will only be made at the express request of the customer and may incur additional costs that are not included in our prices and will be listed separately. The customer agrees to bear these costs.

  1. Payment

(1) All prices on this website are in Euro and are inclusive of all taxes including VAT and duties. The current prices at the time of the order apply. Packaging and shipping costs are to be borne by the customer and will be calculated separately and shown before completion of the order process.

(2) The customer has the choice of the payment methods displayed at the end of the ordering process, e.g. payment by credit card, online bank transfer or PayPal. SANUTRITION reserves the right to limit the selection of payment methods in individual cases. In the case of bank transfer, payment must be made immediately upon receipt of the invoice to the account specified therein.

(3) The payment data entered will not be stored by SANUTRITION, but may be stored by the respective payment provider, with which the Customer agrees (see Privacy Policy).

(4) In the event of default in payment, SANUTRITION is entitled, subject to the assertion of higher damages, to charge interest from the due date at a rate of 5% above the base interest rate of the German National Bank per annum. It is agreed that any further external dunning, collection and/or transfer costs shall be borne by the invoice recipient. In the event of default in payment or other apparent credit unworthiness, all further claims against the customer shall become due immediately.

(5) SANUTRITION’s claims against the Customer become due immediately upon conclusion of the contract in accordance with item 2 of the GTC.

(6) The ordered goods will not be delivered until the outstanding amount has been received by SANUTRITION or a reserved bank confirmation of payment has been received.

  1. Retention of title

(1) The goods remain the property of SANUTRITION until the purchase price and all associated costs and expenses have been paid in full.

(2) The Customer must inform SANUTRITION immediately of any seizure by third parties of the goods delivered under retention of title and send us the documents justifying the seizure and a copy of the seizure report.

  1. Offsetting

Offsetting by the Customer is only possible – except in the cases provided for by law – if the counterclaim is legally related to the Customer’s liability, has been expressly recognized by SANUTRITION in advance, or has been determined by a court of law.

  1. Right of withdrawal

(1) Cancellation policy

Right of withdrawal

The customer has the right to revoke this contract within 14 days without giving any reason.

The revocation period is 14 days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods ordered by the customer as part of a single order and delivered separately, the period begins from the day on which the customer or a third party named by him, who is not the carrier, has or has taken possession of the last goods. In order to exercise the right of withdrawal, the Customer must inform SANUTRITION by means of a clear declaration (e.g. letter, fax, e-mail) of his/her decision to withdraw from the contract. The revocation is to be addressed to:

SANUTRITION Ltd.

Market street 5

D-83536 Gars am Inn

Tel.: +43 (0) 6462 / 33 955 12

E-mail: office@sanutrition.com

In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

(2) Consequences of revocation

If the Customer cancels the contract, SANUTRITION shall return all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the most favorable standard delivery offered by SANUTRITION), without undue delay and no later than within fourteen days from the day on which SANUTRITION received the notice of cancellation of this contract. For this repayment, SANUTRITION will use the same means of payment that the Customer used in the original transaction, unless expressly agreed otherwise with the Customer. Under no circumstances will the customer be charged for this repayment.

Repayment charges. SANUTRITION may refuse repayment until SANUTRITION has received the goods back or until the Customer has provided proof that he has returned the goods, whichever is earlier. The Customer shall return or hand over the goods to SANUTRITION without undue delay and in any case no later than within fourteen days from the day on which the Customer has informed SANUTRITION of the withdrawal from this contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days. You only have to pay for any loss in value of the goods if this loss in value is due to an inspection of the condition, properties and quality of the goods.

(3) Return shipping costs

You bear the direct costs of the return shipment.

(4) Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts concerning

Goods that are manufactured according to customer specifications or are clearly tailored to personal needs

Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery;

Goods that can spoil quickly or whose expiration date would be quickly exceeded;

Goods which, due to their nature, are inseparably mixed with other goods after delivery;

  1. Warranty

(1) The goods may differ from the photos shown in the online store in actual condition.

(2) In the event of the existence of a defect subject to warranty, the statutory provisions (§§ 922 ff ABGB, §§ 8 f KSchG) and the warranty remedies regulated therein shall apply. Notification of defects must be made to the operator immediately and demonstrably to the following e-mail address: info@sanutrition.com or in writing to the following address:

SANUTRITION Ltd.

Market street 5

D-83536 Gars am Inn

If the goods are returned without SANUTRITION’s request or consent, SANUTRITION shall be reimbursed for any and all costs incurred by SANUTRITION as a result. No claims or other legal consequences can be derived by the customer from a takeover of the returned goods.

(3) The limitation period for warranty claims against consumers within the meaning of the Consumer Protection Act is 2 years from delivery of the goods. The assignment of warranty claims is excluded.

  1. Liability

SANUTRITION is liable for damages according to the legal regulations. However, liability for damages caused by slight negligence is excluded. The limitation of liability shall not apply to damages resulting from injury to life, body or health of persons and to claims under the German Product Liability Act.

  1. Data processing and data protection

SANUTRITION collects and stores the data of the customer necessary for the business transaction. When processing the Customer’s personal data, SANUTRITION complies with the legal provisions. Upon request, the customer will receive information about the personal data stored about him at any time. Further details can be found in the privacy policy available in the online offer.

  1. Final provisions

(1) The legal relationship between SANUTRITION and the Customer is governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods and the reference standards (IPRG, EVÜ).

(2) The place of performance is the registered office of SANUTRITION in Gars am Inn, Germany.

(3) The contractual, ordering and business language is German.

(4) Unless otherwise provided for in these GTC, declarations of the parties shall be made in writing. Orders are placed electronically. For the requirement of written form, the form as e-mail is also sufficient, unless otherwise expressly agreed.

(5) SANUTRITION reserves the right to change these GTC at any time and without stating reasons. The amended terms and conditions will be sent to users by e-mail no later than 2 weeks before they come into force. If a user does not object to the validity of the new GTC within two weeks after receipt of the e-mail, the amended GTC shall be deemed accepted. SANUTRITION will separately inform the User of the possibility of objection and the significance of this two-week period in the e-mail containing the amended terms and conditions.

(6) If individual provisions of these GTC become invalid, this shall not entail the invalidity of the other provisions made. The invalid provision shall be replaced by the relevant statutory provision or, as the case may be, shall be governed subsidiarily by the mutual will of the parties.

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