1. scope of application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions
1. Scope of application
1.1 The business relationship between Phystine OG, Mühle 812, A-6863 Egg (hereinafter "Seller") and the customer (hereinafter "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 shall not be recognized unless the Seller expressly agrees to their validity.
1.3 You can reach our customer service for questions, complaints and objections on weekdays from 9 a.m. to 5 p.m. on the telephone number +43 5512 28028 and 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 "while stocks last", unless otherwise stated with the products.
3 Order process and conclusion of contract
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [ADD TO CART] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking the [TO CHECKOUT] button.
3.2 The customer submits a binding request to purchase the goods in the shopping cart by clicking the [ORDER PAYMENT] button. Before submitting the order, the customer can change and view the data at any time and use the browser function "back" to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*). The customer is bound to his order for 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 using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.
3.4 If the seller allows payment in advance, the contract is concluded with the provision of the bank details and request for payment. If the payment has not been received by the vendor within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the vendor shall withdraw from the contract with the result that the order shall lapse and the vendor shall have no obligation to deliver. The order is then completed for the buyer and the seller without any further consequences. A reservation of the article for advance payments is therefore made for a maximum of 10 calendar days.
4 Prices and shipping costs
4.1 All prices stated on the seller's website are total prices. They include value added tax and duties.
4.2 In addition to the prices quoted, the Seller shall charge shipping costs for delivery. The shipping costs are clearly communicated to the Buyer on a separate information page and during the ordering process. The customer shall bear the costs of any return shipment of the goods.
5 Delivery, availability of goods
5.1 If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2 Should the delivery of the goods fail through 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 shall 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 wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6 Payment modalities
6.1 The customer can choose from the available payment methods as part of and before completing the order process. Customers are informed about 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.g. Paypal, their general terms and conditions apply.
6.4 If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5 The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the seller.
6.6 The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7 Retention of title
The delivered goods remain the property of the seller until full payment has been made. In the event of default of payment by the customer, we shall be entitled to assert our rights arising from 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 our withdrawal from the contract.
8. instruction on the right of revocation or withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. 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, have taken possession of the goods. To exercise the right to cancel, you must inform us, Phystine OG, Mühle 812, A-6863 Egg, +43 5512 28028, info@phystine.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you have withdrawn from the contract, we will refund all payments we have received from you, including delivery costs (with the exception of 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 receive notification of your withdrawal from 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; under no circumstances will you be charged any fees for this repayment. We may refuse repayment 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 within fourteen days at the latest 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 period of fourteen days has expired. You shall bear the direct costs of returning the goods.
Please note that this right of withdrawal only applies to goods that have not yet been used. The right of withdrawal does not apply to goods that are not suitable for return for reasons of health protection or hygiene. The right of withdrawal also does not apply to goods which, due to their nature, have been inseparably mixed with other goods.
9 Warranty
The provisions of the statutory warranty shall apply. The warranty period is 2 years from acceptance of the goods. Complaints based on statutory warranty claims or other complaints can be made using the contact details given in the legal notice.
10 Liability
10.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory requirements for claims.
10.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event 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 shall also apply to the personal liability of employees, representatives and vicarious agents.
11 Cookies, data protection, advertising e-mails:
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 further use of the data inadmissible.
We would like to point out that for the purpose of simplifying the purchasing process and for subsequent contract processing, the webshop operator stores the user's IP data in the form of cookies, as well as the name, address and credit card number of the purchaser. No data is transmitted to third parties, with the exception of the transmission of the credit card number to the bank for the purpose of debiting the purchase price. Once the virtual purchase has been completed or the purchase process has been canceled, the data stored in the cookies will be saved until the invoice has been paid. The data name, address and credit card number are stored until the expiry of the warranty period. Data processing is carried out on the basis of § 96 Para. 3 Telecommunications Act and § 8 Para. 6 Data Protection Act.
If the customer agrees to receive news from our company about our products, current offers and other company-related information by means of advertising e-mail, in particular newsletters, during the ordering process and also gives his renewed consent, e.g. via a link in a confirmation e-mail, we are entitled to send such information to the customer. 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 submitting the order to the seller by using the print function of his browser in the last step of the order.
12.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and terms of delivery and payment. If you have registered in our store, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, 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 The contractual 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 Convention on Contracts for the International Sale of Goods is excluded.
13.3. platform of the European Commission for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings 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 to find a solution together.