Terms and Conditions (GTC)
General terms and conditions for the mail-order business of
1140 Vienna, Austria
firstname.lastname@example.org / www.proctyclean.net
§2 Product Presentation and Delivery
§3 Conclusion of contract, order
§4 Terms of payment
§5 Warranty, Liability, Prices
§6 Delivery conditions, offsetting, retention of title
§7 Right of withdrawal, right of withdrawal
§8 Premature expiry of the right of withdrawal
§11 General information
§12 Place of jurisdiction and final provisions
The present General Terms and Conditions represent a legally binding contract. This will be concluded between you (hereinafter also “customer”) and PROCTYCLEAN® GmbH, Pausingergasse 9, 1140 Vienna, (hereinafter also “us”, “we”) as soon as You use our services. Please, therefore, read our contractual basis carefully. If you do not agree to these, please do not use our service.
The collection and processing of your data in connection with the use of our website are described in our data protection declaration. We kindly ask you to take note.
You are responsible for the correct use of our products and the correct use of these can only be described on our part, but not controlled or guaranteed. You must also be at least 18 years old to place an order.
There is a possibility that certain uses of our products are not suitable for you personally. If you have further questions about your health in connection with our products and/or would like to take advantage of appropriate advice, we expressly recommend that you seek medical advice (e.g. from your family doctor). It is expressly pointed out that our products are not medical products or services. For more information, please refer to § 11 General Information.
Consult the instructions for use, doctor or pharmacist for information about effects and possible undesirable effects.
§ 1 Scope
(1) The following General Terms and Conditions in the version valid at the time of the order apply exclusively to all business relationships. Austrian law applies, excluding the UN sales law.
(2) These terms and conditions apply to business transactions between PROCTYCLEAN® GmbH and end-users. Resellers are recommended to contact Mag. Bernhard Moss directly to conclude a sales agreement. Distribution without a license violates industrial property rights and leads to legal action.
§ 2 Product Presentation and Delivery
(1) PROCTYCLEAN® GmbH reserves the right to remove the products presented on the website or to replace them with others at any time without prior notice. In addition, PROCTYCLEAN® GmbH has the right to sell the goods presented only in quantities that are customary in households.
(2) Information about the delivery period in Section 6 (4) is to be understood as probable information without guarantee. The delivery takes place by shipment from the warehouse to the address given by you unless otherwise agreed.
§ 3 conclusions of contract, order
(1) Our offers are aimed at natural persons with their place of residence in Austria, the EU and other countries or legal persons with their registered office in Austria or the EU.
(2) The representation of the articles does not represent a legally binding offer, but a non-binding invitation to the customer to place a binding order. The order can be submitted to us by telephone, letter, fax, e-mail or in the online shop by placing the desired item in the virtual shopping cart and sending the items placed in the shopping cart (click on the "CHECKOUT" button). By ordering the desired goods, the customer makes a binding offer to conclude a sales contract. The immediate confirmation of receipt of the order by email (order confirmation) does not yet constitute acceptance of the offer.
(3) An effective contract is only concluded when we accept the offer by requesting payment after placing the order, by written order confirmation or by delivery of the goods.
(4) It is stated that input errors can be corrected before sending the order using the technical means provided in the online shop and using the usual functions of your keyboard/mouse. The process can also be cancelled by closing the browser window. After submitting a binding offer (by clicking the "CHECKOUT" button), input errors can no longer be corrected.
§ 4 Terms of Payment
The customer has the option of redefining the payment method for each order. The following alternatives are available:
Instant bank transfer
Payment is made via the payment service provider Sofort GmbH. After submitting your order, you will be forwarded to SOFORT Überweisung and be instructed to make the payment via your online banking account (PIN / TAN). The execution of the payment and the debiting of your account takes place immediately after the commissioning of Sofort GmbH.
After submitting your order you will be redirected to GiroPay. You have to enter your bank code, the service will determine your associated bank. If this does not support GiroPay, you will have to use another means of payment. Otherwise, you will be asked for your access to online banking
Your credit card is charged when the ordered goods are dispatched.
We ask you to transfer the invoice amount to our bank account within 7 days of the payment request.
see payment method “Giropay”
After submitting the order, you will be redirected to the Bancontact platform to enter your card information. You specify the connected card with which the payment should be carried out and enter the corresponding pin code. Payment by the app is also available.
See payment method "SOFORT Überweisung".
ING Home` Pay
You can use this payment method as long as you have an ING Home'Bank or ING Business'Bank account. You log into your ING account and confirm the payment.
§ 5 Warranty, Liability, Prices
(1) PROCTYCLEAN® GmbH guarantees that the delivered products are free of defects for a period of two years starting with the delivery of the product to the consumer. Warranty claims are only available to the direct customer and are not transferable.
(2) Defects will be remedied within a reasonable time, at the customer's option, free of charge through repair or replacement. In the case of a replacement delivery, the customer is obliged to return the defective item.
(3) If PROCTYCLEAN® GmbH does not remedy a defect within a reasonable period set by the customer, or if PROCTYCLEAN® GmbH cannot remedy the defect within a reasonable period, or if the remedy fails after a second attempt, the customer has the right to reduce the purchase price or to withdraw from the purchase contract.
(4) Damage based on improper or non-contractual behaviour by the consumer does not justify a claim against PROCTYCLEAN® GmbH.
(5) Except for cases of gross negligence - with the exception of physical damage - we are only liable for breaches of contractual and non-contractual obligations in the event of breaches of essential contractual obligations that endanger the achievement of the contractual purpose. This does not apply to claims that have already arisen in advance of the contract.
(6) Unless otherwise there is a breach of essential contractual obligations, our liability for damages in the event of slight and simple gross negligence is excluded. In particular, we are not liable for damage that has not occurred on the delivery item.
(7) We are only liable for claims arising from physical damage in the event of simple gross and grossly gross negligence. PROCTYCLEAN® GmbH assumes no liability for physical or other damage caused by slight, simply gross, blatantly gross negligent and improper use of the delivered goods. By ordering products from PROCTYCLEAN® GmbH, the customer undertakes to have read the supplied product brochure and the general and medical information contained therein and to act accordingly when using them.
(8) Information and images in the online shop for price lists and other price information are purely informative in nature and do not represent any guarantees. Product images
are partially exemplary images and may differ from the products ordered/delivered. All prices are gross prices and include the statutory value-added tax. The time of receipt of the order is binding.
§ 6 Terms of delivery, set-off, retention of title
(1) We generally strive for complete delivery for our customers. If this is not possible for us, partial deliveries are permitted, provided they are not unreasonable for the customer. There are no additional costs for postage and packaging for the customer.
(2) The customer only has the right to offset if his counterclaims have been legally established or have been expressly recognized by us in writing or are not contested by us. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
(3) The delivered goods remain our property until our claims have been paid in full. The risk of destruction or loss of the goods when they are dispatched is transferred to the consumer upon delivery.
(4) The dispatch takes place after payment (according to § 4) Europe-wide approx. Within 7 days. Longer delivery times are to be expected for deliveries to third countries.
(5) If through no fault of our own, a product cannot be delivered due to force majeure or production difficulties and the ordered products cannot be procured by us under reasonable conditions, we shall be released from our delivery obligation. The customer will be informed about this immediately and any consideration given by the customer will be reimbursed immediately.
§ 7 right of withdrawal/right of withdrawal
(1) You have the right to withdraw from this contract within 14 days without giving a reason. The cancellation period is 14 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.
(2) To exercise your right of withdrawal, you must inform us
PROCTYCLEAN® GmbH Pausingergasse 9
1140 Vienna, Austria
through a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
(3) To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
(4) If you withdraw from this contract, we will have you all payments that we have received from you, including delivery costs (except for the additional costs that result from the fact that you use a different type of delivery than that offered by us, have chosen the cheapest standard delivery), 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.
(5) 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.
(6) You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of 14 days has expired.
(7) You bear the direct costs of returning the goods.
(8) 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.
§ 8 Premature expiries of the right of withdrawal
A right of withdrawal expires prematurely for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed or damaged after delivery.
§ 9 delivery
The delivery takes place to the specified place of residence of the client or another delivery address specified by the customer. It is agreed that the group of people found at the specified delivery address is entitled to receive the delivery. Successful delivery is confirmed with a signature.
§ 10 payment
The purchase price is due and payable in full without further deductions before delivery of the goods in the manner specified in § 4.
§ 11 General information
Content on our website that is made available as part of the Services is for general informational purposes only. Nothing contained on our website or in any other way as part of the services constitutes or is intended to constitute advice, opinion or guidance of any kind. We are not a health care provider and we do not offer medical advice or medical treatment. References on our website and elsewhere to "treatment" and "therapy" or similar terms are not intended to refer to any medical treatment or therapy. The information presented on our website and as part of the services is not intended to diagnose health problems or to replace professional medical care. Should you have a medical problem, we ask that you always consult a qualified doctor.
§ 12 Place of Jurisdiction and Final Provisions
In the case of mutual company-related transactions, the exclusive jurisdiction of the Vienna Commercial Court is agreed. Otherwise, the seat of the consumer is the place of jurisdiction.
Should individual parts of these general terms and conditions be wholly or partially ineffective, the remaining provisions should continue to apply. In place of the ineffective sections, the regulation that the parties would have probably agreed would apply if they had been aware of the ineffectiveness of the section in question. Among several possible interpretations, in case of doubt, the one that comes closest to the economic purpose of the ineffective section should apply. The same also applies if the binding sections of this agreement contain an unintentional, non-systemic loophole.
All rights and obligations from this agreement as well as the contracts envisaged herein pass without restriction to individual and universal legal successors, with the obligation to transfer them to all further legal successors. All contracting parties have to make contractual provisions that the transfer of these obligations is guaranteed.
Changes and additions to the general terms and conditions as well as the agreements yet to be concluded require at least simple written form to be mutually binding and legally effective.
Without the prior written consent of the other contracting party, the contracting parties are obliged to maintain confidentiality regarding the content of the contract, unless statutory provisions require disclosure. "
PROCTYCLEAN® GmbH reserves the right to change these general terms and conditions at any time in accordance with this provision. If changes are made, the amended General Terms and Conditions will be published on our website and the "last updated" date at the beginning of the General Terms and Conditions will be updated. In this form, customers are always informed of changes in good time.