These General Terms and Conditions (GTC) apply to the sale and delivery of goods by our company. The buyer’s deviating terms and conditions are only valid if we have agreed to them in writing and undersigned them. By clicking the checkbox “I have read and accepted the Terms and Conditions (link to GTC)” in the shopping cart before placing the order, the buyer agrees to these Terms and Conditions and is bound to them. Our product range is non-binding and subject to change. The order of a legally competent customer (person over the age of 18) constitutes an offer to conclude a purchase contract. The automatically sent confirmation of the receipt of the order does not represent an acceptance of the offer. The purchase contract only enters into force upon delivery of the ordered goods and confirmation of shipment to the customer. All offers on our website are non-binding, without obligation and only available while stocks last.
2. ORDER PROCESSING, CORRECTION AND CANCELLATION
You must first select the country to which you would like to have your order delivered via the menu provided. Then you can choose the desired product. Once you have chosen the desired product, you can add it to the shopping cart without obligation to buy by clicking the “Add to Cart” button. You can view the contents of the shopping cart at any time by clicking the “Go to Cart” button. You can remove products from the cart by clicking the “Remove” button. If you want to buy the products in your shopping cart, click on the “Checkout” button. Next, you will be requested to enter your details. Your details will be encrypted and transmitted to us. After entering your details as well as selecting the payment method and the type of delivery, you will be taken to the order page by clicking the button “Confirm Order”. On this page, you can check your entries before submitting. By clicking on the button “Order with Payment Obligation” you conclude the order process. You can correct the order before sending by clicking the “Back” button. The order process can be canceled at any time by closing the browser.
3. CONTRACT LANGUAGE
The contents of the contract, all other information, customer service, provision of data and complaint handling are all processed in English.
The displayed prices are valid for all customers at the time of ordering and are inclusive of VAT. This also applies to the applicable shipping costs, which can be viewed in the shopping cart before conclusion of the purchase contract and are noted on the order confirmation sent to the customer. Any export or import taxes incurred during shipping are borne by the customer. Please contact your local customs office for more information. For sales to companies within the EU, no Austrian VAT will be charged if you have provided your VAT identification number. The VAT must then be paid in your home country.
All payments must be made in Euro.
5. RIGHT OF WITHDRAWAL FOR EU CUSTOMERS
Consumers, under Article 1 of Directive 2011/83/EU of the European Parliament and of the Council of consumer rights, have the right to withdraw from this contract within fourteen days without giving a reason.
The cancellation period for a purchase contract is:
To exercise your right of withdrawal, please contact us at:
Lenus Pharma GesmbH
Fax: +43 1 405 14 19 20
We require a clear, written statement from you (such as a letter by post, fax or email) of your decision to withdraw from the contract containing the following information:
“I/we (*) hereby withdraw from the contract concluded by me/us (*) for the delivery of the following goods:
Ordered on (*)
Name of the consumer(s)
Address of the consumer(s)
(*) Please delete as appropriate
The withdrawal period is observed if notice of cancellation is sent within the 14-day period. You must inform us of your right of withdrawal before the expiry of the cancellation period specified in these conditions.
Effects of cancellation
If you withdraw from this contract, we will promptly return all payments we have received from you, including shipping costs (except for any additional costs incurred if you have opted for a delivery other than standard delivery) immediately and within fourteen (14) days after the date on which we were informed by you of the cancellation of the contract. We will use the same method of payment for the refund that was used for the original transaction, unless you have expressly agreed otherwise. Under no circumstances you will be charged any fees for such a refund. In the case of the cancellation of purchase contracts for which we did not offer the collection ourselves, we may withhold the refund until we have received the goods from you or until you have provided proof that you have delivered the goods to us. This is dependent on which case occurs first.
If you receive any goods in connection with the canceled contract, you must return them immediately and, in any event, not later than fourteen days from the date on which you inform us of the cancellation of the contract. This condition is met if you send the goods to us within the 14-day period. You bear the direct costs of the return of the goods.
If it is determined during the goods inspection that the returned goods are damaged or not fit for purpose due to improper use or handling, you may only claim the diminished or lost value of the goods.
Orders placed by or on behalf of companies are excluded from this right of withdrawal.
Information for the safe return of goods
If possible, please return the item(s) complete and in their original packaging.
6. PAYMENT, DEFAULT OF PAYMENT, PAYMENT REMINDER, DEFAULT OF ACCEPTANCE, RETENTION OF PROPERTY
We accept the following payment methods:
For payments in advance, the customer must pay within one week of receiving the order confirmation, otherwise we reserve the right to cancel the order.
7. DEFAULT OF PAYMENT
The statutory rate of interest on business-to-business transactions is 8 (eight) percent above the base rate. The base rate applicable on the last day of a half-year period applies for the following six months. The default interest rate for business transactions is calculated according to § 1333 para. 2 of the Austrian Civil Code.
The statutory default interest rate for non-business transactions, i.e. either between consumers and businesses or between consumers, remains unchanged at 4 (four) percent as these transactions are outside the scope of the Late Payments Directive.
8. PAYMENT REMINDER AND COLLECTION FEES
In the event of default, and even in the case of non-culpable default, the contractual partner is obligated to reimburse us the charges for payment reminder and collection, if these are necessary for appropriate legal action and are appropriate in relation to the claim, whereby the contractual partner undertakes in particular, in the case of referral to a collection agency, to compensate all costs charged to us arising therefrom, if these do not exceed the maximum rates of collection agencies in accordance with the provisions of the Federal Ministry of Finance, Research and Economy (BMWFJ). If we operate the payment reminder system ourselves, the debtor undertakes to pay an amount of EUR 12.00 per payment reminder, as well as to pay an amount of EUR 5.00 per half-year for retaining evidence of the debt in dunning.
9. DEFAULT OF ACCEPTANCE
In the case of default of acceptance by business customers, we are entitled to store the goods in our own facilities, for which we charge a storage fee of EUR 0.1 per started calendar day. At the same time, we insist on contract fulfillment.
10. RETENTION OF TITLE
We reserve the title to the delivered goods or to the media processed or created by us until receipt of all payments arising from the business relationship with the customer. If the customer resells reserved goods, then they must also pass on the retention of title. Access to our reserved goods by third parties must be reported by the customer without delay. Pledging, chattel mortgaging and suchlike of the reserved goods is only permitted with our prior consent. If payment is not made immediately after a payment reminder is issued, our reserved goods shall be surrendered without delay. Return costs are borne by the customer.
11. LIABILITY, WARRANTY
The warranty is limited to the statutory period of 24 months. In the case of legitimate defects, either a free replacement or an improvement shall be offered, for which a reasonable period is to be granted. If an exchange or an improvement is ruled out (not possible, too much effort, unreasonable, delayed delivery), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (redhibition).
Any defects that occur must be notified as far as possible upon delivery or after becoming visible. If the customer’s purchase is a commercial transaction (B2B), they must examine the goods no later than 2 weeks after receipt and inform us immediately upon discovery of a defect. Our company is solely liable for damages in case of intent and gross negligence. This does not apply to personal injury or consumer transactions. The injured party must prove the existence of slight or gross negligence, unless this concerns a consumer business. The replacement of consequential damage, as well as other property damage, financial loss and damage of third parties against the customer are excluded, as long this does not concern a consumer business. As the operator of the web shop mentioned in the Imprint, our company provides services with the utmost care, but is not liable for the services provided by third parties or purchased from third parties. The guarantee must be asserted with the guarantor (the manufacturer/sometimes the seller, if this is the manufacturer) and according to its provisions. The use of the guarantee does not limit the statutory warranty.
12. APPLICABLE LAW, JURISDICTION
The parties agree to application of Austrian law. The United Nations Convention on Contracts for the International Sale of Goods and all provisions concerning international sales (CISG) are expressly excluded.
If the contractual partner is a company, our registered office is agreed as the place of jurisdiction for disputes arising from the contract.
If the contractual partner is a consumer, legal action may be taken against our company either in Austria or via the courts of the contractual state in whose territory the contracting party is domiciled. If the contractual partner is domiciled or has their habitual abode or place of employment in Austria at the time of conclusion of the contract, actions of the contracting party against our company can only be brought before an Austrian court.
For consumers who are not domiciled or have no habitual residence or place of employment in Austria at the time of conclusion of the contract, the statutory jurisdiction shall apply.
13. PLACE OF FULFILLMENT
The place of fulfillment for all services arising from the contract is our registered office.
All news, graphics and the design of the Lenus Pharma GesmbH website are solely intended for the purpose of informing our customers. Use is at your own risk. All data of this offer is protected according to §4 and §§87a et seq. of Austrian Copyright Law.
Reproduction, copying and printing of any part of this website are only permitted for the purpose of placing an order with our company. Any further processing, duplication, distribution and/or public reproduction exceeds ordinary usage and constitutes a violation of copyright.
15. ARBITRATION BOARD
We recognize the Internet Ombudsman as an extrajudicial arbitration board. For further questions about dispute resolution, please contact our customer service: firstname.lastname@example.org or the Internet Ombudsman at www.ombudsmann.at.
Service provision/delivery: Our company reserves the right to substantively change the service offer in the shop at any time. The prices for the goods offered by us do not include transport costs. These are indicated before placing the order in the shopping cart. If all ordered items are not available immediately, the immediately available items will be delivered at once and the rest will be delivered soon as they are available. Delivery is carried out by post or parcel service. The risk of accidental loss and accidental deterioration of the goods is transferred from the consignor to the customer upon delivery of the goods.
17. DELIVERY TIMES
Delivery usually takes place within 5 working days from receipt of the order confirmation, but in any case, within the legally prescribed delivery period of 30 days from order placement. Should delivery be delayed due to extraordinary circumstances, we will contact the customer immediately after the delay has become known to us, but in any case, within a 30-day period, and obtain their permission for subsequent delivery. If the customer does not agree to a later delivery, they are entitled to withdraw from the contract.
Recourse claims under the Product Liability Act are excluded, unless the person entitled to recourse proves that the mistake has been caused within our sphere of responsibility and at least has been caused by gross negligence.
The contractual partner waives the possibility of offsetting. However, this does not apply to consumers.
With the exception of defect notifications, we recommend sending declarations, notifications intended for us, directly to us in writing.
(valid from: 01.01.2018)
Lenus Pharma Ges.m.b.H.