1. Scope of application
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment arrangements
7. Retention of title
8. Warranty and warranty for defects in the material
9. Liability
10. Storage of the text of the contract
11. Final provisions

1. Scope

1.1. The business relationship between Phystine OG, Mühle 812, A-6863 Egg (hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2. Deviating terms and conditions of the customer are not accepted, unless the seller expressly agrees to their validity.

1.3. You can reach our customer service for questions, complaints and complaints on weekdays from 9 a.m. to 5 p.m. at the telephone number +43 5512 28028 as well as by e-mail at info@phystine.com.

2. Offers and service descriptions

The customer’s order constitutes an offer. A contract is only concluded after acceptance on our part. The customer will be informed of our acceptance by e-mail. All offers are valid “as long as the stock lasts” if nothing else is mentioned in the products.

3. Ordering process and conclusion of contract

3.1. The customer can select products from the seller’s assortment without obligation and collect them via the button [IN DEN WARENKORB] in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then use the button to complete the ordering process within the shopping [ZUR KASSE] cart.

3.2. Via the [ZAHLUNGSPFLICHTIG BESTELLEN] button, the customer submits a binding request for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time and go back to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*). The customer is entitled to his order 2 days from receipt of this order. The statutory right of revocation (right of withdrawal) remains unaffected.

3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent the ordered product to the customer within 2 days, handed it over or confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.

3.4. Should the seller enable an advance payment, the contract is concluded with the provision of the bank data and request for payment. If, despite the due date, the payment has not been received by the Seller even after a new request has been made up to a time of 10 calendar days after sending the order confirmation, the Seller shall withdraw from the contract with the consequence that the order is void and the Seller has no obligation to deliver. The order is then completed for the buyer and the seller without further consequences. A reservation of the item for prepayment is therefore made for a longer than 10 calendar days.

4. Prices and shipping costs

4.1. All prices indicated on the Seller’s website are total prices. They are inclusive of VAT and duties.

4.2. In addition to the prices indicated, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and in the context of the ordering process. The costs of any return of the goods shall be borne by the customer.

5. Delivery, availability of goods

5.1. As far as advance payment has been agreed, the delivery will take place after receipt of the invoice amount.

5.2. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available because the Seller is not supplied with raw materials by its suppliers through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided.

5.4. Customers are informed about delivery times and delivery restrictions (e.B. limitation of deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment arrangements

6.1. The customer can choose from the available payment methods during and before the completion of the ordering process. Customers will be informed of the available means of payment on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 10 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are commissioned with payment processing, e.B. PayPal, their general terms and conditions apply.

6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, the customer must pay the statutory interest on late payment.

6.5. The customer’s obligation to pay default interest does not preclude the assertion of further damages caused by delay by the seller.

6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title

Until full payment, the delivered goods remain the property of the seller. In the event of default of payment by the customer, we are entitled to assert our rights under the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare withdrawal from the contract.

8. Right of revocation or right of withdrawal

You have the right to revoke this contract within 14 days without giving reasons. The right of withdrawal is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us, Phystine OG, Mühle 812, A-6863 Egg, +43 5512 28028, info@phystine.com of your decision to withdraw from this contract by means of a clear declaration (e.B. a letter sent by post or e-mail). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. If you have withdrawn from the contract, we will refund to you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen 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 revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods.

Please note that this right of withdrawal only applies to goods not yet used. For goods that are not suitable for return for reasons of health protection or hygiene, the right of revocation or withdrawal does not apply. Even for goods that have been inseparably mixed with other goods due to their nature, the right of withdrawal (right of withdrawal) does not apply.

9. Warranty

The provisions on the statutory warranty apply. The warranty period is 2 years from acceptance of the goods. Complaints due to statutory warranty claims or other complaints can be made under the contact details given in the imprint.

10. Liability

10.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory requirements for claims.

10.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.

10.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

10.4. The above limitations of liability do not apply in the event of injury to life, body and health, for a defect after taking over a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

11. Cookies, privacy, promotional emails:

The customer agrees that the following personal data, namely name, date of birth, address, e-mail address, will be processed for the purpose of contract processing, for future visits to the webshop and for the personalization of webshop offers. Once consent has been given, it can be revoked at any time, making the further use of the data inadmissible.

We would like to point out that for the purpose of simplifying the purchasing process and for later contract processing, the webshop operator stores the IP data of the user within the framework of cookies, as well as the name, address and credit card number of the buyer. A data transmission to third parties does not take place, with the exception of the transmission of the credit card number to the banking institution for the purpose of debiting the purchase price. After completion of the virtual purchase or after termination of the purchase process, the data stored in the cookies will be stored until the invoice has been settled. The data name, address and credit card number will be stored until the expiry of the warranty obligation. Data processing is carried out on the basis of § 96 (3) of the Telecommunications Act and § 8 (6) of the Data Protection Act.

If, during the ordering process, the customer agreed to receive messages from our company about our products, current offers and other company-related information by means of advertising e-mail, in particular newsletters, and also gave his further consent, e.g. via link in a confirmation e-mail, we are entitled to send such information to the customers. The customer can of course revoke his consent to receive such e-mails at any time as follows (e.g. by returning such advertising e-mails with the note: “Please no further advertising e-mails”).

12. Storage of the contract text

12.1. The customer can print out the text of the contract before placing the order with the seller by using the print function of his browser in the last step of the order.

12.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest at the time of delivery of the goods, the customer also receives a copy of the GTC along with revocation instructions and the instructions on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.

13. Final provisions

13.1. The place of jurisdiction and place of performance is the registered office of the seller if the customer is an entrepreneur. For consumers, the statutory places of jurisdiction apply.

13.2. Contract language is german.

13.3. Austrian substantive law shall apply. In the case of contracts with entrepreneurs, it is pointed out that the applicability of the UN Sales Law is excluded.

13.3. European Commission Platform on Online Dispute Resolution (Os) for Consumers: https://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

If you have any complaints, you are welcome to contact our customer service at info@phystine.com at any time in order to find a solution together.