General Commercial Terms and Conditions (Ts&Cs)
1. Application of the General Commercial Terms and Conditions
These General Commercial Terms and Conditions ("Ts&Cs") apply to all contracts that are entered into via the shop.omni-biotic.com online shop between APG Allergosan Pharma GmbH and customers who are consumers.
A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their employment or self-employment.
2. Approval of the Ts&Cs
Customers approve these Ts&Cs and declare their agreement to them as soon as they make an order.
3. Defence clause
The inclusion of the customer's general commercial terms and conditions or terms of contract that differ from these Ts&Cs is rejected unless these are expressly accepted in writing by APG Allergosan Pharma GmbH.
4. Formation of a contract
1. APG Allergosan Pharma GmbH's internet presence is on the www.omni-biotic.com website.
The product presentation on the website does not constitute an offer in the legal sense of the same. It is an invitation to customers to make an offer themselves. Offers in the legal sense of the same are made by customers when they place an order. Confirmation of receipt of the order occurs together with acceptance of the order immediately after sending by way of an automated e-mail.
2. Order process
From the general view of the range on offer at the shop.omni-biotic.com online shop the customer is able to select the desired product(s) by clicking the "Add to basket" button. The selected goods will be temporarily saved to the basket for the duration of the customer's visit to the shop.omni-biotic.com website. The order process is continued by clicking the "Go to Checkout" button next to the goods listed in the basket. On the next page the customer is invited to log on to the online shop if they already have an account, or to make a new registration or to continue as a guest. After that the customer selects the desired invoice address, then the desired form of delivery and finally the desired delivery address. The customer then selects the desired payment method and enters the required payment data. When choosing external payment services such as e.g. PayPal the customer is transferred to the external website of the relevant payment service provider. Prior to submission of the order the relevant order data is outlined in an "Order Summary". The client has the option of checking their information in the order summary one more time and where necessary editing it before sending the order to APG Allergosan Pharma GmbH by clicking on the "Complete your Order" button. By clicking the "Complete your Order" button the customer makes a binding offer to purchase in relation to the goods they have selected.
3. Order confirmation
Following receipt of the order APG Allergosan Pharma GmbH sends an e-mail acknowledgement to the e-mail address provided by the customer, confirming order receipt and displaying its content (the "Order Confirmation"). The Order Confirmation does not represent acceptance by APG Allergosan Pharma GmbH of the customer's offer to purchase. Where APG Allergosan Pharma GmbH declines to enter into a contract, it shall immediately notify the customer by e-mail to that effect.
5. Storage of the text of the contract
The text of the contract, i.e. the customer's order processing information, is stored by APG Allergosan Pharma GmbH and may be viewed by the customer at "My Orders" under the "My Account" link. That notwithstanding, APG Allergosan Pharma GmbH sends a separate Order Confirmation and these Ts&Cs to the e-mail address provided by the customer.
1. All prices are inclusive of packaging costs and statutory sales tax (value added tax).
2. A reservation is made for errors in prices. Where the correct price is higher the customer will be contacted; in this case a contract is only entered into if the customer wishes to make the purchase at the actual price. Where the correct price is lower this price will be invoiced.
7. Postage costs
1. Prior to completing your order you will, in the case of deliveries, be informed of the amount of the postage costs accruing based on the destination country.
The sales tax applicable from time to time is included in the postage costs.
The responsible dispatch service provider is GLS. Up to 5kg the postage costs are 35,90€.
8. Delivery terms
1. Unless otherwise agreed, delivery shall be to the address provided by the customer.
2. The estimated delivery time is 3-5 working days.
3. Where the goods are damaged during transport the customer must immediately notify the transport company of the damage and claim damages against the latter.
4. APG Allergosan Pharma GmbH bears no liability where obstacles to delivery exist in regard to suppliers or manufacturers. Where delivery or compliance with the agreed delivery time is impossible due to circumstances beyond APG Allergosan Pharma GmbH's control, APG Allergosan Pharma GmbH shall be entitled to rescind the contract wholly or in part. APG Allergosan Pharma GmbH shall promptly notify the customer in this regard. In that case any claims for damages are excluded.
9. Due date for payment and retention of title
1. The purchase price is due prior to delivery of the goods.
2. The goods supplied shall remain the property of APG Allergosan Pharma GmbH until paid for in full.
10. Payment terms
1. APG Allergosan Pharma GmbH accepts the following payment methods: PayPal, credit card (Visa, Mastercard) and immediate online payment via SOFORT.
2. In case of payment by credit card your credit card is only charged once the order is completed.
3. Paypal - you pay the invoice amount via the PayPal online provider. You need to be registered there or will first need to register. Following authentication using the log-in data you can confirm the payment instruction to us. You will receive further advice in the course of placing the order.
4. Immediate online transfer - the purchase price is debited from your account at the same time as the order is completed.
5. The statutory regulations regarding late payment shall apply. Payment collection costs may be enforced from the second reminder letter.
1. Unless provided otherwise, the general statutory regulations shall apply.
2. The guarantee does not apply in the case of defects caused by the customer. That is particularly the case where the goods are handled inappropriately.
5. Should delivered items show obvious material or manufacturing defects (including transport damage), the customer placing the order shall immediately notify this to us.
6. To the extent a manufacturer's guarantee exists, the customer must enforce the claims arising from it directly against the manufacturer. Any liability of APG Allergosan Pharma GmbH under the guarantee is excluded.
12. Exclusion of liability
1. Damages claims by the customer against APG Allergosan Pharma GmbH are excluded except where APG Allergosan Pharma GmbH or its agents or vicarious agents have acted deliberately or with gross negligence.
2. This is without prejudice to liability for loss of life, physical injury or damage to health due to negligent or deliberate breach of fundamental contractual obligations or to the extent that strict liability exists under the Austrian Product Liability Act or due to fault when the contract was entered into or due to other breaches of obligation or claims in tort for property damages. Fundamental contractual obligations are obligations without whose fulfillment the proper implementation of the contract would be impossible and on compliance with which the customer may regularly rely.
13. Right of set-off, right of retention
1. The customer is not entitled to apply set-off against our claims unless the customer's counterclaims are the subject of a final, non-appealable court order or are uncontested. The customer is also entitled to apply set-off against our claims if he is bringing claims for defects or counterclaims under the same purchase contract.
2. The customer may only exercise a right of retention if his counterclaim relates to the same purchase contract.
Data protection provisions are contained in the data protection policy.
15. Amendment of the General Commercial Terms and Conditions / reservation of the right to make amendments
We are entitled to make unilateral amendments to these General Commercial Terms and Conditions to the extent this is necessary to remove imbalances that have subsequently arisen or for the purposes of adjusting in line with changes in the statutory or technical parameters. We shall inform the customers of an amendment by sending the content of the amended regulations to the customer's last known e-mail address. The amendment shall become an integral part of the contract unless, within six weeks of receipt of the notice of the amendment, the customer makes a written or text-form objection addressed to us against this being included in the contractual relationship.
Should a provision of these General Commercial Terms and Conditions be invalid, this shall not prejudice the validity of the remaining provisions.
APG Allergosan Pharma GmbH provides no guarantee that the www.omni-biotic.com/ website will always be available and at any time. Errors of whatever kind may lead to the www.omni-biotic.com/ website being unavailable. APG Allergosan Pharma GmbH bears no liability for any specific availability or accessibility of the www.omni-biotic.com/ website.
APG Allergosan Pharma GmbH provides no guarantee of the content of the www.omni-biotic.com/ website. This similarly applies to any services offered on the website including associated descriptions. APG Allergosan Pharma GmbH is not bound by such information and may make amendments to the website or to the information presented on it at any time without prior notice.
APG Allergosan Pharma GmbH or the persons or enterprises connected to APG Allergosan Pharma GmbH are not liable for loss or damage of whatever kind irrespective of fault. This exclusion of liability relates to all loss or damage caused by the use of the website, by the impossibility of using the website (down time) or the limited availability of the website and of the content, by the defective presentation of content, by the presentation of external content as well as by the presentation of hyperlinks on www.omni-biotic.com/. Should APG Allergosan Pharma GmbH offer software downloads on the website free of charge, no liability is accepted for the same. No liability is accepted for consequential loss or damage either. Any statements of whatever kind made on the website are non-binding.
This general exclusion of liability applies irrespective of the basis of any claim made, notwithstanding the degree of fault and irrespective of whether APG Allergosan Pharma GmbH or the third persons or enterprises connected with it commercially or otherwise were aware of the possibility of the loss or damage or should have been aware of the same. The exclusion of liability extends to contractual and non-contractual claims.
APG Allergosan Pharma GmbH is not liable for linked websites or their content. The hyperlinks available on the www.omni-biotic.com/ website are a free service. APG Allergosan Pharma GmbH has no influence on the configuration or amendment of the linked websites or on the content available on them. Where hyperlinks link to external content, they do not represent a value assessment of the linked content.
In particular APG Allergosan Pharma GmbH accepts no liability whatsoever for the accuracy, completeness, lawfulness or objectivity of this content or for its being up-to-date. The accessing of information that can be accessed via hyperlinks is the sole responsibility of the user. Should users notice that a link directs users to content that is legally problematic, you are requested to inform APG Allergosan Pharma GmbH by e-mail about this link so that it can be removed.
4. Legal texts
7. Jurisdiction and applicable law
As far as permitted by law, the courts at the place APG Allergosan Pharma GmbH has its registered office shall have jurisdiction. All legal relations are bound exclusively by Austrian law. The application of the Austrian Code on Private International Law or the UN Convention on Contracts for the International Sale of Goods is expressly excluded.