General Terms and Conditions of Business

ONE SMARTDIET VERTRIEBS GMBH
MARKTPLATZ 4/8 – 3313 WALLSEE AUSTRIA

  1. General

    All services which are provided by ONE SMARTDIET Vertriebs GmbH (hereinafter referred as Seller) for the Customer take place exclusively on the basis of the following general terms and conditions of business. Deviating regulations shall only be valid if these have been agreed in writing between the Seller and the Customer.

  2. Conclusion of the contract

    Only persons aged over 18 and whose legal capacity is not restricted at the time of conclusion of the contract are able to enter into contracts with the Seller.

    The offers of the Seller in the online shop on the Internet are non-binding offers to the Customer to order goods in the online shop.

    By means of the ordering of goods in the online shop of the Seller, the Customer is declaring his or her willingness to conclude a sales agreement in relation to the ordered goods.

    The Seller is entitled to accept this offer within 3 calendar days by sending an order confirmation by email. Should no confirmation by email take place, the offer is deemed to have been rejected.

  3. Delivery times

    All items will be delivered immediately, once available in the warehouse and assuming these are in stock.

    Delivery can be made to the named countries in the online shop of the Seller.  The delivery time is generally 3 to 5 working days and starts to run at the time of sending the order confirmation. The statement of the delivery time is non-binding, unless a written agreement to the contrary is present.

    Should an item not be available at short notice, we will inform you by email of the delivery time to be expected, provided that we have been provided with your address.

    In case of delivery delays, for example due to force majeure, travel disruptions and orders by the authorities, as well as other events for which the online shop is not responsible, no damages claims can be brought against the online shop.

    Should the delivery be delayed due to fault on the part of sub-suppliers, the online shop cannot be held responsible for such.

  4. Packaging and shipment

    For deliveries in Austria and packaging costs, the online shop charges a pro rata fixed sum of 3.80 EUR and 11.90 EUR for other countries served, regardless of the number of items and their weight. The deliveries are provided by the GLS or DPD parcel services. Deliveries to resellers are charged separately by agreement.

  5. Prices and payment

    5.1 All stated prices are end prices, which include the statutory value added tax of 20%.

    5.2 The end prices include the costs of packaging but not of shipping.

    5.3 By means of the constant updating of the Internet sites of the online shop, previously made statements in relation to price and quality of the goods shall cease to be valid. Mistakes and printing errors remain reserved.

    5.4 The stated price in the online shop of the Seller is decisive in relation to the invoicing process.

    5.5 Payment of the goods can be made by using the options provided in the online shop. Resellers can only purchase on account by means of a written agreement. Exceptions shall only be valid if these have been agreed in writing between the Seller and the Customer.

    5.7 Should the Customer have failed to comply with his or her payment obligation following the expiry of the agreed deadline, the Seller reserves the right to bill the Customer any resulting additional warning and processing fees.

    5.8 Should the Customer enter payment default, the Seller is entitled to claim default interest to the amount prescribed by law. The right of the Seller to bring any additional damages claims shall remain unaffected thereby.

  6. Reservation of ownership

    Until full payment, the ordered goods remain the property of the Seller (reservation of ownership). In case of payment default on the part of the Customer, the Seller is entitled to retake possession of the goods. This shall not represent rescission of the contract, unless this is expressly declared.

  7. Warranty

    7.1 Claims of the Customer against the Seller connected to defects in relation to the goods shall be in accordance with the statutory regulations in Austria.

    7.2 The Customer shall be obliged to inspect the goods at the time of receipt for any defects and should any defects be observed, to immediately inform the Seller of such. Should the Customer become aware at a later date that the goods are defective, he or she is obliged to immediately inform the Seller of such after discovery of the defect. Should the Customer fail to provide notification of a defect, the goods shall be deemed to have been approved.

    7.3.  Damage caused by the Customer due to improper use or use not in accordance with the contract is not classed as defects in relation to the goods. The information provided by the manufacturer of the goods is decisive when determining the improper use and use not in accordance with the contract.

    7.4.  The warranty period for the device is two years. The warranty period for the battery is one year. It starts to run at the time of receipt of the goods.

    7.5.  The warranty will always be voided in case of interventions, repairs or attempted repairs by the Customer or unauthorised third parties.

  8. Restriction of liability

    Unless otherwise stated below, further claims of the Customer shall be excluded, regardless of legal reasons. Therefore, the Seller shall not incur liability for losses not incurred in relation to the object of delivery itself; in particular, the Seller shall not incur liability for loss of profit or other financial losses incurred by the Customer. Should the contractual liability of the Seller be excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.

    The provisions of the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected thereby. Should the Seller negligently breach an essential contractual obligation, the liability to pay damages for property damage shall be limited to losses which arise typically.

    Should the supplementary performance have taken place by means of a replacement delivery, the Customer is obliged to return the originally delivered goods to the Seller within 5 days at the expense of the Customer.

    The return of the defective goods shall take place in accordance with the statutory regulations. The Seller reserves the right to bring damages claims under the prerequisites regulated by law.

    The limitation period is two years. The limitation period starts to run at the time of delivery of the goods.

  9. Data protection

    The Customer hereby agrees that his or her personal data provided to the online shop in the course of the business relationship will be saved and processed electronically. It is hereby being pointed out that data which is referred to under this provision is only gathered and processed in order to provide the service, in particular for the purpose of carrying out the transaction and bookkeeping. The Seller does not pass data of the Customer on to third parties. See Data Protection Ordinance in the online shop.

  10. Copyright

    All third party logos, pictures and graphics are the property of the relevant companies.
    These are subject to the copyright of the respective licensors. All photos, logos, reports, scripts and program routines displayed on these sites which were developed or prepared by us

    may not be
    copied or otherwise used
    without our permission. All rights reserved.

  11. Place of jurisdiction

    11.1 Unless otherwise provided by law, the place of jurisdiction shall be the place of business of the Seller.

    11.2 Austrian law shall apply to all disputes which may arise in connection with the legal relationship, to the exclusion of the conflicts of law rules. The applicability of the United Nations Convention governing the International Sale of Goods shall be excluded.

  12. Validity of the general terms and conditions of business

    By placing an order, the Customer hereby acknowledges the general terms and conditions of business of the online shop. Should any provisions of these general terms and conditions of business be invalid for any reason, the validity of the remaining clauses shall remain unaffected thereby. Oral agreements must be confirmed in writing in order to be valid.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution, which can be found at https://ec.europa.eu/consumers/odr. We are not willing to participate in an out-of-court dispute resolution procedure.