General terms and conditions for online orders

EncorMED, Brixentaler Straße 86a, Top3
A-6300 Wörgl
Email: kontakt@encormed.at

Last updated: September 2022

End customers
1. Scope of validity
2. Competitions
3. Data protection
4. Obligation to inform
5. Conclusion of contract
6. Prices, delivery and shipping costs
7. Payment conditions
8. Right of withdrawal
9. Guarantee / liability
10. Affiliate programme
11. Other conditions
12. Dispute resolution

1. Scope of validity

1.1. These General Terms and Conditions apply to all contracts concluded between EncorMED and a consumer (hereinafter referred to as customer) via the online shop https://www.encormed.at/ or via the order hotline.
1.2. A consumer is any natural person who acts in business for purposes that cannot be attributed to their professional or commercial activity.
1.3. By submitting a contractual declaration, the customer accepts these General Terms and Conditions. Contracts can only be concluded under these conditions. EncorMED must expressly agree to deviating, conflicting, restrictive or supplementary terms and conditions and regulations of the customer so that they become part of the contract in individual cases.
1.4. The user is expressly informed of possible future changes to the terms and conditions; they are considered accepted if the user does not object within 14 days. The user is expressly informed of the importance of
confidentiality.

2. Competitions

If EncorMED organises a competition, this is based on the following raffle conditions, unless otherwise stated: Natural persons are entitled to participate. Employees of EncorMED, its affiliated companies and any companies cooperating with the competitionare not entitled to participate. EncorMED reserves the right to exclude participants from the competition, if they influence or attempt to influence the raffle in an unfair manner (in particular throughmultiple entries). The winners will be decided after the competition has ended and will be notified by email, post or telephone. There is no cash settlement of the prize or legal recourse permitted Personal taxes, duties, fees and consequential costs incurred by the winner shall be borne by the winner him/herself. The winner hereby agrees to the publication of their name and, if applicable, their photo.

3. Data protection

3.1. The data processing by EncorMED is based on the detailed data protection information at the following addresses: EncorMED®: https://encormed.at/pages/datenschutz

4. Duty of inform

In accordance with § 5a (1) Consumer Protection Act (KSchG) and § 4 Paragraph 1 Long-Distance and External Business Act (FAGG), EncorMED hereby provides the consumer with the following information, insofar as this is already possible within the framework of the General Terms and Conditions:

a. Essential properties of the products: can be found in the product-specific descriptions in the online shop.
b. contracting partners (unless a third party is identified): EncorMED, Brixentaler Straße 86a, A-6300 Wörgl, Austria, email: kontakt@encormed.at
c. Total price/costs: The stated prices include all taxes and duties and (unless otherwise indicated) the delivery costs.
d. Costs of distance communication: normal tariff of the customer (no value-added tariffs).
e. Payment conditions: Immediate transfer, Amazonpay, Applepay, Googlepay, Paypal, credit cards.
f. Delivery conditions for products: By post or courier.
g. Product right of revocation: See Cancellation Policy
h. Warranty law: as per § 922 ff ABGB (General Civil Code)

5. Conclusion of contract

5.1. The presentation of the products on the website does not constitute an offer in the legal sense. The offer is made exclusively by the customer. The customer's offer shall become binding upon clicking the Order button or by placing his or her order by telephone. It should be noted that customers will be sent a separate confirmation of receipt of their order after their order has been received in the online shop. Such a confirmation does not constitute acceptance of the offer.
5.2. The order is open to natural persons who must be at least 18 years of age at the time the contract is concluded.

Minors must be represented by their legal representatives. 5.3. EncorMED is entitled to expressly accept the contract offer (= consumer order) by handing over / sending the goods, the order confirmation or the invoice. 5.4. Depending on which occurs first, the contract for the purchase of products comes into effect with the sending of the order confirmation / invoice or with the delivery of the goods.

5.5. EncorMED has the right to refuse to accept the order or to limit the order to a usual quantity.

6. Prices, delivery and shipping costs

6.1. The prices listed on the website are retail prices including sales tax. 6.2. Shipping costs are added to the stated product prices. The amount of shipping costs will be displayed to the consumer before submitting an offer. 6.3. The products are shipped in Austria with DPD.
Delivery to Germany takes place with Deutsche Post, in exceptional cases with DPD. Orders must be sent to you. It is not possible to collect your goods.

7. Payment conditions

7.1. Unless otherwise agreed, the customer is obliged to pay the agreed fee immediately via one of the payment methods.
7.2. The delivered goods remain the property of
EncorMED

until full payment has been received.

8. Cancellation policy

8.1. The consumer within the meaning of the KSchG or consumer within the meaning of the FAGG is legally entitled according to § 3 KSchG and § 11 paragraph 1 FAGG to cancel the contractual declaration (order) made outside EncorMED's business premises or (after acceptance by EncorMED) to withdraw from the contract on the terms of the following declaration of cancellation.
8.2. EncorMED hereby explicitly agrees with the consumer that the repayment will be made to the customer’s bank account, not by means of the payment method used. No additional costs are incurred for the consumer in this way.
8.3. There is no statutory right of cancellation for the purchase of goods that are delivered sealed with an induction seal and those which are not suitable for return for health or hygiene reasons if their seal was removed after delivery. We would like to explicitly point out that we process natural raw materials. Therefore, certain colour and taste deviations cannot be ruled out and are therefore not a reason for complaint or cancellation.

8.4. Withdrawal period: The right of withdrawal is within 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
8.5. Cancellation policy: In accordance with § 4(1)(8) FAGG, EncorMED informs the consumer about the following statutory right of withdrawal: CANCELLATION POLICY You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must inform us (EncorMED, Brixentaler Straße 86a, A-6300 Wörgl, Austria tel.: +43 676 570 88 48 email: kontakt@encormed.at) by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the template revocation form for this, but it is not mandatory. To meet the revocation period, it is sufficient for you to send the communication about exercising your right of revocation before the end of the revocation period. You can electronically fill out and submit the template revocation form or any other clear declaration on our website [https://www.encormed/ruecksendung]. If you make use of this option, we will immediately send you(e.g. by email) confirmation of receipt of such a revocation.

CONSEQUENCES OF WITHDRAWAL If you withdraw from this contract, we will owe you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you choose a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you (see point 17.2. of the General Terms and Conditions). In no case will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods received to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the end of the fourteen day period. We will cover the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

9. Guarantee / liability

9.1. EncorMED provides a guarantee for paid contracts in accordance with the provisions of §§ 922 ff ABGB.
9.2. The liability of EncorMED and its organs, employees, contractors or other vicarious agents (persons) is basically limited to intent or gross negligence, liability for slight negligence is excluded. This exclusion of liability does not apply to liability under the Produkthaftungsgesetz (Product Liability Act), personal injury and damage to property that EncorMED has taken on for processing. Insofar as liability is excluded or limited, this also applies to the personal liability of their persons.

10. Affiliate programme

By using these online services, you consent to us linking you to the source from which you received the access data for this site. Consent can be revoked at any time (in the future) and can be requested by sending an email to kontakt@encormed.at. However, you will also lose all purchasing benefits and other customer benefits that you received after the initial access.

11. Other conditions

11.1. For all disputes arising in connection with the present contract, including the preliminary and subsequent effects, Austrian law and the exclusive jurisdiction of the court responsible for 6330 Kufstein are agreed. The place of fulfilment is in 6330 Kufstein.

11.2. For consumers within the meaning of the KSchG (Austrian Consumer Protection Act), the place of jurisdiction for claims by EncorMED against the consumer is only agreed if the consumer has his domicile or habitual residence in Wörgl at the time the contract is concluded or if he is employed in Wörgl. 11.3. Substantive Austrian law applies to the exclusion of the UN Sales Convention and the reference standards. 11.4. Should individual provisions of this contract be or become invalid in whole or in part, or should there be a gap in the contract, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, or to fill the gap, an appropriate provision should come into effect which, as far as legally possible, comes as close as possible to what the parties wanted or would have wanted according to the spirit and purpose of this contract if they had considered this provision. 11.5. Amendments and supplements to the contract must be in writing. This also applies to a waiver of the written form requirement.
Email or fax constitutes the written form, this also applies to clicking the relevant button. 11.6. Insofar as designations relating to natural persons are only given in the masculine form in this contract, they refer to women and men in the same way.

When applying the designation to specific natural persons, the respective gender-specific form is to be used.

12. Settlement of disputes

Alternative dispute resolution in accordance with Art. 14(1) ODR Directive: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://europa.eu/youreurope/business/dealing-with-customers/solving -disputes/online-dispute-resolution/index_en.htm.

We are not willing to participate in a dispute settlement procedure before a consumer arbitration board.