Terms and conditions
Neuroth AG consumer terms and conditions (B2C)
(As of April 2016)
1) The present terms and conditions (AGB) shall apply to all contracts concluded between you, the customer, and us, Neuroth AG. As part of the ordering process you acknowledge the present terms and conditions in the version applicable at the time the order was placed. Unless it is expressly agreed otherwise, terms and conditions diverging from the present terms and conditions shall not be valid.
2) Your contracting partner is:
Schwarzau im Schwarzautal 51
8421 Wolfsberg im Schwarzautal
Tel 00800/8001 8001, Fax +43 (0) 316/99 56 00 5000
E firstname.lastname@example.org, I www.neuroth.at
Commercial register number: FN 249346k
Commercial register court: LGZ Graz
2. Ordering and conclusion of contract
1) Our online shop is intended exclusively for customers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetzes) (KSchG), who are usually resident, and have a delivery address, in Austria or Germany. We do not sell to businesses.
2) The presentation of goods in our online shop does not constitute any binding offer of sale. You make a binding offer to us when you place an order; this shall be valid for the period of one week. The contract becomes binding when we accept your order within this period.
3) Once you have placed an order with our online shop, you will receive an automated email confirming that we have received your order. Such confirmation does not, however, constitute acceptance of your offer.
4) The contract shall come into effect by means of a separate email, which will be sent once the goods have left our warehouse or at the latest once the goods have been delivered.
If your order contains more than one item, the contract shall only come into effect in respect of such items as are expressly listed on our confirmation of shipping.
5) It is possible that the capacity of your computer to reproduce colour may mean the colours displayed on our website may not correspond to the actual colour of our products. We therefore cannot guarantee that the colours seen will reflect the actual colour of the products.
6) In the event that you authorise or make payment before the contract is concluded and we are unable to accept it because products are not available, or because the contract does not enter into force for any other reason, we shall of course reimburse you without delay.
7) Your statutory right of cancellation (see section 6) shall remain unaffected by the foregoing provisions.
8) The contract shall be concluded in German.
1) Prices at the time of order shall include VAT and any delivery costs shown separately during the ordering process. We deliver solely to addresses within Austria and Germany.
4. Payment and retention of title
1) Payment may be made by online bank transfer, credit card (VISA or Mastercard) or electronic payment service (PayPal).
a) online bank transfer:
This payment method transfers the purchase price directly to our bank account when the transaction is concluded. Your online banking login details and any transaction numbers are entered via a secure payment form and not via our site. We are therefore do not have access either to the information you enter or to your account.
b) payment by credit card:
If you choose to pay by credit card, your card will be charged immediately.
If you choose to pay via PayPal you will be redirected automatically to PayPal after placing your order. If you wish to pay via PayPal you will need to have a PayPal account. Further information on how to do this is available on the PayPal website.
2) We shall in addition be entitled to charge an administration fee of EUR 25.00 for any reminders issued, or to recover any further costs incurred in collecting payment, in particular legal fees. This shall include the full cost of any legal action.
3) The assertion of any further rights and claims shall remain unaffected. Payment received from the customer shall be offset against the earliest outstanding payment.
4) We retain title to all goods delivered by us until the amount invoiced (final and unconditional payment of the entire purchase price including any ancillary costs) has been settled in full. In the event of a delay in payment, we shall be entitled to assert any and all rights arising from the retention of title.
Right of cancellation (right of withdrawal)
1) Consumers have a statutory right of cancellation in relation to any contracts concluded at a distance, as follows.
RIGHT OF CANCELLATION
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period runs for fourteen days from the day when you, or a third party nominated by you who is not the carrier, takes possession of the goods (or the final delivery, part delivery or piece of a combined order).
If you wish to exercise your right of cancellation please contact us at
Telephone: +43 3116 200 820
and provide a clear statement (e.g. a letter sent by post or email) of your decision to cancel this contract. You can use the attached cancellation form template if you wish; however, this is not obligatory.
To meet the cancellation deadline it is sufficient to inform us before the deadline expires that you are exercising your right of cancellation.
In the event that you cancel this contract, we shall refund to you, without delay and at the latest within fourteen days of receiving notice of your cancellation of this contract, all payment that we have received from you including delivery costs (with the exception of any additional costs arising from any request by you for delivery arrangements that differ from the standard delivery provided by us).
Subject to no other arrangements having been agreed, such refunds will be made via the same payment method as used by you in the course of the original transaction; under no circumstances will any costs accrue to you as a consequence of such refund being made. We may withhold any refund until we receive the returned goods or you provide evidence that you have dispatched the goods to us, whichever is the earlier.
You shall return the goods to us without delay and in any event at the latest within fourteen days of informing us of the cancellation of this contract. The fourteen-day deadline shall be deemed to be met if you dispatch the goods before the deadline has expired. The costs of returning goods will be borne by you. You will only have to pay for any reduction in the value of the goods, if such reduction in value results from handling other than is necessary to ascertain the nature, properties and functioning of the goods.
No right of cancellation (right of withdrawal) shall exist in respect of:
– goods that have been produced according to customer specifications or specifically customised to personal needs
Please note that the right of cancellation does not apply in respect of:
– goods that are delivered in sealed packaging and are not suitable for return on health or hygiene grounds if the seal has been broken after delivery
In this context we should emphasise that our products are generally delivered in sealed packaging and are not suitable for return on health or hygiene grounds once the seal has been broken.
Right of cancellation template
(If you wish to cancel the contract, please fill out this Template and return it to us – (*) delete as applicable!) To: Neuroth AG, Schmiedlstraße 1, 8042 Graz, Austria, Telephone: +43 3116 200 820, E-Mail: email@example.com
HI/we (*) hereby revoke the contract concluded by me/us (*) concerning the purchase of the following goods (*) / the provision of the following services (*)
– ordered on (*) / received on (*)
– Consumer name
– Consumer address
– Consumer signature (only required for paper-based notification)
(*) delete as appropriate
1) Statutory guarantee provisions shall apply. In the case of moveable goods, the guarantee period shall be two years from the date the goods are delivered.
2) Neuroth provides no supplementary guarantees in addition to the statutory provisions. Details of any manufacturer guarantees will accompany the corresponding goods as appropriate.
7. Applicable law and court of jurisdiction
1) The present contract shall, to the extent permitted by law, be governed exclusively by Austrian law; the UN Convention on the Sale of International Goods shall be excluded. The court of jurisdiction shall be governed by statutory regulations.
8. Severability Clause
1) In the event that one or several provisions of these terms and conditions is/are deemed to be, or become, invalid or ineffective, either in whole or in part, this shall not bring into question the validity of the contract as a whole.
The invalid or ineffective provision shall be replaced by a provision that is as close as possible to the intended purpose of the original provision.