General Terms and Conditions
Biosal Naturprodukte, Alcira Supancic
§ 1 Scope
(1) These Terms and Conditions (hereinafter referred to as “T&C”) apply to contracts between Biosal Naturprodukte, Dr. Gerhard Supancic, Eschenbachstrasse 2, 2100 Korneuburg, Austria (hereinafter BIOSAL) and its customers.
(2) BIOSAL provides products and services solely on the basis of these General Terms and Conditions.
§ 2 Conclusion
(1) The information on the websites www.biosal1.at, www.biosal-skincare.eu, www.biosalskincare.eu and www.biosal-skin.care is not a binding offer but merely a invitatio ad referendum.
(2) By pressing the “Buy” button at the end of the order process, the customer sends a binding offer to purchase the goods included in the order, and accepts these Terms and Conditions. The automated order confirmation does not represent an acceptance of this offer by Biosal. A contract is only concluded with additional written confirmation of acceptance by BIOSAL or by delivery of the goods by BIOSAL.
(3) The order process (technical steps that lead to the binding order of the customer) is as follows:
The customer may edit input errors before pressing the final "buy" button (8th point in the above description of the technical steps) or by clicking on the "continue shopping" button, return to the shop.
After completing the order, the customer will receive an automatically generated order confirmation with all order details.
§ 3 Delivery
(1) The delivery, unless otherwise agreed in writing, from warehouse. Delivery costs are assumed by customer and, if the customer is not a consumer, at the risk of the customer. The customer declares that he/she agrees with each standard shipment service selected by BIOSAL.
(2) Notwithstanding the provisions of paragraph 1 shall be noted that in the case of shipping damage attributable to BIOSAL, damaged goods from BIOSAL can only be replaced if the damage and the transport packaging can be documented (photographed) and sent back to BIOSAL.
(3) The actual shipping cost will be displayed during the checkout process before the final dispatch of the order.
(4) All packing materials can be disposed of in public collection containers.
(5) Should additional shipping costs be incurred by BIOSAL because of a wrong delivery address or incorrect addressees, then these costs are to be borne by the customer, unless he/she is not responsible for the missing statement.
§ 4 Payment
(1) The purchase price will be due immediately upon conclusion of contract. The customer either pays all due amounts no later than 14 days after receipt of the order confirmation without deduction, by bank transfer to the account referred to in the Order Confirmation (in advance), or COD (invoice). The delivery / handover is effected upon payment. Alternatively it is possible, upon conclusion of the contract, to pay by credit card or PayPal.
(2) All extra costs, especially for packaging, are calculated according to the order information before completing the order process.
(3) In the event of payment default, the customer is obliged to pay default interest at the rate of 4 per cent per annum to BIOSAL. BIOSAL is at liberty to proof and assert higher damages due to delayed payment, as well as other damages.
(4) The customer is only entitled to offset if the counterclaims are undisputed or legally binding.
§ 5 Retention of title
The goods remain the property of BIOSAL until full payment has been received
§ 6 Warranty and Customer Service
(1) With regard to the warranty, the statutory provisions are valid. The warranty period is 2 years and begins with the delivery of the goods, unless a shorter expiry date is indicated. Please note the expiration period as well as the requirements for product storage according to the information on the products, especially in open products.
(2) For information or questions please feel free to contact our Customer Service at any time: Biosal Naturprodukte Dr. Gerhard Supancic, Eschenbachstrasse 2, 2100 Korneuburg, Austria; T: +43 2262 646 52; F: +43 2262 646 52; M: info (at) biosal-skincare.eu.
§ 7 Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving a reason.
The revocation period is fourteen days from the date on which you, or a representative of you (third party), who is not the carrier, have taken possession of the goods.
To exercise your right of cancellation, you must contact and inform us (Biosal Naturprodukte, Dr. Gerhard Supancic, Eschenbachstrasse 2, 2100 Korneuburg, Austria, Fax: +43 2262 646 52; M: info (at) biosal-skincare.eu) via a unique declaration (e.g. a letter consigned by mail, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not compulsory.
To meet the cancellation deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal deadline.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments we receive from you, including delivery costs (except for the additional costs arising from the fact that you chose a different method of delivery than the cheapest standard method offered by us), and repay immediately, at the latest within fourteen days from the date on which the notice of your cancellation of this agreement with us, is received. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in no case will you be charged fees for such repayment.
We may refuse reimbursement until we have received the goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to promptly send back or deliver the goods, and in any event, not later than fourteen days from the date on which you notify us of any cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods when such loss in value is not due to a necessary handling to ascertain the nature, characteristics and functioning of the goods.
End of revocation
Please note that the return must be shipped insured. Only then can the shipping process be detected and tracked in the event of loss of the package.
In the case of a non-free return shipping, we reserve the right to refuse to accept. In any case, such shipment costs levied to us will be deducted from the amount payable.
§ 8 of Costs for return shipments
In the event, you exercise your right to cancel, you have to bear the return costs if the delivered goods coincide with the ordered goods.
§ 9 Limitation of Liability
(1) For delay or impossibility of performance due to force majeure (e.g. strikes, fire, war, theft, etc.) or for reasons that do not lie within the sphere of BIOSAL, BIOSAL shall not be liable.
(2) BIOSAL is liable for delay or impossibility of performance for reasons other than those referred to in paragraph 1, provided that at least gross negligence on the part of BIOSAL is the reason.
(3) BIOSAL is liable (except for damage to the person) only for damages resulting from its own intentional or gross negligence, or willful misconduct or gross negligence on the part of agents of BIOSAL. This also applies to indirect consequential damages, including lost profits.
(4) The liability is limited, except for willful or grossly negligent conduct or damage to the person, on the typical conclusion of the contract foreseeable losses, and otherwise to the amount of the contract-typical average damage. This also applies to indirect consequential damages, including lost profits.
(5) These limitations of liability apply, mutatis mutandis, in terms of employees and agents of BIOSAL.
(6) Liability claims under the Product Liability Act remain unaffected.
§ 10 Final Provisions
(1) This contract is subject to Austrian law with the exclusion of the UN Sales Convention.
(2) Performance is the headquarter of BIOSAL.
(3) If any provision of these Terms and Conditions be invalid or contradict the legal regulations, this shall not affect the remainder of the contract. The invalid provision shall be replaced by the contracting parties by a provision which reflects the economic purpose of the ineffective provision in a legally effective manner. The above provision applies in case of loopholes.
(4) If these Terms and Conditions are translated, only the German version will be binding in its wording – a translation is only for information purposes. In case of interpretation questions, the German version is authoritative.