Terms and Conditions
TERMS OF SERVICE
General Terms and Conditions of Vitalogic Dr. Spona
Vertriebsges.m.b.H, Praterstrasse 45/12, 1020 Vienna:
Preliminary remarks: Vitalogic Dr. Spona Vertriebsges.m.b.H. provides an interactive system on their website www.vitalogic.com, which provides information on health issues, in particular regarding amino acid products. In this context, current information on amino acid products as well as a special customer service are offered. In addition to this free information, Vitalogic Dr. Spona Vertriebsges.m.b.H. also offers the opportunity to purchase their products through online ordering.
All deliveries and services of Vitalogic Dr. Spona Vertriebsges.m.b.H. due to online ordering via the Internet or other online services.
Deviating and/or supplementary agreements require the express consent of Vitalogic Dr. Spona Vertriebsges.m.b.H. as well as in written form; this also applies to a waiver of the requirement for the written form.
The Vitalogic Dr. Spona Vertriebsges.m.b.H. If possible, agreed delivery times will be adhered to on time. Orders are generally accepted no later than 2 working day after the order. If this is exceeded by more than six weeks, the customer has the right to set a deadline with the indication that he rejects the acceptance of the purchase item after expiry of the time limit. This period of grace must be at least one month. If an agreement on a new delivery date can not be reached, the customer can withdraw from the contract after the expiry of the extension period by means of a written declaration.
If, in the event of default or impossibility, the purchaser claims damages due to non-fulfillment, the purchaser shall, in the event of slight negligence, limit himself to a maximum of 5% of the purchase price and only includes compensation for immediate damage. Further claims of the buyer – in particular on delivery -are excluded.
- Transfer of Risk
The risk passes to the customer as soon as the goods have been handed over to the carrier and left the warehouse. This also applies to the transport costs of Vitalogic Dr. Spona Vertriebsges.m.b.H. Complaints due to transport damage must be made by the customer directly against the transport company within the time limits provided for this purpose.
Invoices from the Vitalogic Dr. Spona Vertriebsges.m.b.H. are payable immediately and without any deduction. From the 30th day after the date of the invoice, Vitalogic Dr. Spona Vertriebsges.m.b.H. shall be entitled to demand default interest of 8% above the respective discount rate of the Austrian National Bank, unless Vitalogic Dr. Spona Vertriebsges.m.b.H. higher interest on arrears or the purchaser proves a lower burden on Vitalogic Dr. Spona Vertriebsges.m.b.H without the prior warning being required.
Offsetting is permitted only with undisputed or legally valid claims. The customer can only assert a right of retention, insofar as it is based on the same contractual relationship.
Complaints due to the scope of delivery, defects in material, incorrect deliveries and deviations in quantity shall, as far as they can be ascertained by reasonable inspections, be made in writing without delay, but at the latest within one week after receipt of the goods.
The warranty period of the manufacturer is 2 years from receipt of the goods. In case of justified complaints, Vitalogic Dr. Spona Vertriebsges.m.b.H. is subject to the exclusion at their discretion, exchange the goods, withdraw them or grant the buyer a discount. If, in the case of the exchange of the goods, the second substitute delivery is also defective, the buyer is entitled to conversion or reduction. In this case, the payment will be remitted to the customer.
- Retention of title
The goods remain the property of Vitalogic Dr. Spona Vertriebsges.m.b.H until payment of the total claim.
- Data Protection
Vitalogic Dr. Spona Vertriebsges.m.b.H. is entitled to collect, store and process the personal data required by the customer within the framework of the business relationship. Vitalogic Dr. Spona Vertriebsges.m.b.H. guarantees strictly confidential treatment of the transmitted information. During your visit to our pages, data such as your provider’s IP, the date and duration of your visit, visited pages, etc. stored on our web server. For technical reasons, this data is required for the web server. We guarante that a personalized analysis of this data will not take place. When you submit us data by form, these data are stored in the course of the backup on our servers. With your consenst, your data will be processed exclusively by us and will be treated confidentially. A transfer to third-party for marketing will not be done. When using our services, you may be asked to provide personal information. Answering these questions is voluntary. The Vitalogic Dr. Spona Vertriebsges.m.b.H. is entitled to collect personal data required in the course of the business relationship, to store and process. The Vitalogic Dr. Spona Vertriebsges.m.b.H. guarantees a strictly confidential handling of the transmitted information and undertakes not to transmit the data to third parties. Your personal information will be according to the Data Protection Act (DSG) protected. Processing and use of your data for purposes of consulting, advertising and market research ocur only with your express consent. You can revoke your consent at any time with effect for the future. The company Vitalogic has concluded a contract for the process of order data processing with the E-mail marketing service provider Klick-Tipp. This will ensure that our service provider adheres to the strict requirements of German data protection law in all respects when sending the newsletter. This is also safe provided that your data is stored only within the EU with a high level of protection. Storage of your data on servers outside the EU does not take place. Detailed information can be found under Privacy.
- Right of Withdrawal
In principle, the provisions of the FAGG shall apply. Products which are customized according to the specific needs of the customer are exempted from the right of withdrawal.
- Place of jurisdiction and place of performance
The place of performance of the purchase contract is the place of business or residence of the respective customer. Jurisdiction is the domicile of Vitalogic Dr. Spona Vertriebsges.m.b.H., provided that the customer is not a consumer with a domestic domicile, a habitual residence in Germany or a place of employment in Germany. Austrian law applies to the exclusion of the UN purchase right.