General Terms and Conditions of Belive Concepts GmbH / www.kieferfreund.com Effective January 1, 2017
General
1.1. The following General Terms and Conditions (GTC) apply to all legal transactions between Belive Concepts GmbH, Gusshausgasse 7, 4040 Linz (hereinafter “Belive Concepts GmbH”), as the operator of the online shop www.kieferfreund.com (hereinafter “Online Shop”). Deliveries and services provided by Belive Concepts GmbH are subject exclusively to these GTC in their currently valid version. Customers’ differing terms and conditions will only be accepted if they have been expressly and bindingly agreed to in writing. 1.2. Belive Concepts GmbH may amend these GTC at any time. Existing customers will be informed of such amendments. Consent to the amendments to these GTC is deemed to have been given if the customer continues to contract with Belive Concepts GmbH. 1.3. The contractual language is German. 1.4. If these Terms and Conditions stipulate the requirement of written form, this will generally be met by email, whereby proof of receipt of such an email lies with the sender.
Offer and Conclusion of Contract
2.1. All information regarding goods and prices in the online shop and during the customer’s ordering process is non-binding. 2.2. The products offered in the online shop do not constitute a legally binding offer. 2.3. The customer can submit their offer exclusively via the online shop’s order form. By clicking the “Order with payment” button, the customer places a binding order for the goods contained in the shopping cart. The customer is obligated to complete the fields and information provided in the order form completely and truthfully. 2.4. After submitting the order, the customer will receive an automatically generated order confirmation confirming receipt of the order. This order confirmation does not constitute acceptance of the contract. The customer is obligated to immediately report any obvious errors in the order confirmation as well as any discrepancies between the order and the order confirmation. 2.5. The purchase contract is only concluded upon notification of delivery or the actual delivery of the goods to the customer. 2.6. Belive Concepts GmbH reserves the right to reject orders without giving reasons. Belive Concepts GmbH also reserves the right to determine the manner in which the order is executed. 2.7. If orders cannot be fulfilled, for example due to delivery problems on the part of the supplier, customers will be notified immediately. Any payments already made will be refunded immediately. 2.8. Delivery is only possible within Europe.
Right of Withdrawal
3.1. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must notify Belive Concepts GmbH of your decision to withdraw from this contract by means of a written declaration (by post or email) to one of the following addresses. Belive Concepts GmbH Gusshausgasse 7 A-4040 Linz e-mail: office[at]kieferfreund.com The customer can use the attached model cancellation form (Appendix 1 of the General Terms and Conditions), but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. 3.2. Consequences of cancellation If you cancel this contract, Belive Concepts GmbH will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by Belive Concepts GmbH), promptly and at the latest within fourteen days from the day on which Belive Concepts GmbH received notification of your cancellation of this contract. For this refund, the same means of payment will be used that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. Belive Concepts GmbH may refuse repayment until it has received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return the goods to Belive Concepts GmbH promptly and in any event no later than fourteen days from the date on which you notified Belive Concepts GmbH that you have cancelled this contract. Belive Concepts GmbH Gusshausgasse 7 A-4040 Linz The deadline is met if you return the goods before the expiry of the fourteen-day period.
days. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling by you that is not necessary to check the quality, properties, and functioning of the goods. 3.3 Loss of the Right of Withdrawal The customer forfeits their right of withdrawal if, in the case of sealed products (welded plastic packaging), the seal/plastic weld was removed after delivery. This is due to reasons of health protection and hygiene in accordance with Section 18 Paragraph 1 Item 5 of the Federal Trade Fairs Act (FAGG).
Payment Terms
4.1. The prices quoted are valid at the time of the order, including statutory VAT. Billing is in euros. Only the payment methods offered within the scope of the order are accepted. 4.2. If separate shipping costs are added to the stated price of a product, you will receive a corresponding notification during the ordering process. Shipping costs are calculated and listed during the ordering process and are to be borne by the customer. 4.3. The invoice amount is due without deduction within five days of the invoice date. 4.4. If the customer defaults on payment, a reminder will be sent with a grace period of 14 days. If the reminder is unsuccessful, Belive Concepts GmbH is entitled to withdraw from the contract and request the return of the goods at the customer’s expense. All collection and enforcement costs incurred due to the default in payment shall be borne by the customer.
Warranty / Damages / Liability
5.1. Belive Concepts GmbH warrants that the delivered goods are free of defects within the statutory period from delivery. The warranty refers to the condition of the goods upon delivery. Subsequent damage due to normal aging, wear and tear, or excessive use is not covered. 5.2. Due to a defect for which Belive Concepts GmbH is responsible, the customer may request improvement (repair or supplementation of the missing part), replacement of the item, a reasonable reduction in the price (price reduction), or cancellation of the contract (rescission). Initially, the customer may only request the repair or replacement of the item, unless the repair or replacement is impossible or would involve disproportionately high expenditure for Belive Concepts GmbH compared to the other remedy. Whether this is the case also depends on the value of the defect-free item, the severity of the defect, and the inconvenience associated with the other remedy for the customer. The repair or replacement must be carried out within a reasonable period of time and with the least possible inconvenience for the customer, taking into account the nature of the item and its intended purpose. If both the repair and replacement are impossible or would involve disproportionately high expenditure for Belive Concepts GmbH, the customer has the right to a price reduction or, if the defect is not minor, the right to rescission. The same applies if Belive Concepts GmbH refuses to repair or replace the goods or does not do so within a reasonable period of time, if these remedies would cause significant inconvenience to the customer, or if they are unreasonable for the customer due to valid reasons attributable to Belive Concepts GmbH. 5.3. Belive Concepts GmbH is generally only liable for damages resulting from intent or gross negligence. Liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to personal injuries. Compensation for consequential damages, financial losses, lost savings, loss of interest, and damages resulting from third-party claims against the customer is excluded unless caused intentionally or through gross negligence by Belive Concepts GmbH. 5.4. Belive Concepts GmbH is not liable for damages resulting from improper handling and improper use of the goods.
Retention of Title and Prohibition of Set-Off
6.1. Belive Concepts GmbH retains ownership of the purchased items until full payment of the purchase price; any transfer of the goods while the retention of title is in effect is expressly prohibited. 6.2. The customer is not entitled to offset claims against Belive Concepts GmbH against the purchase price or shipping costs. However, this prohibition of compensation does not apply in the event of insolvency of Belive Concepts GmbH or for counterclaims that are legally related to the present contract and that have been legally established or expressly acknowledged by Belive Concepts GmbH.
Intellectual Property Rights
7.1. The website operated by Belive Concepts GmbH and its entire content
The content, in particular texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations and any software as well as all trademarks and/or designs are protected against unauthorized use by industrial property rights, in particular copyrights, name and image rights, trademarks and/or registered or unregistered design rights. 7.2. All messages, graphics and the design of the website www.kieferfreund.com are intended solely for the personal information of Belive Concepts GmbH customers. Use is at your own risk. The reproduction, copying and printing of the entire website is only permitted for the purpose of placing an order with Belive Concepts GmbH as the operator of the virtual shop. Any use beyond the selection and purchase of goods requires the prior written consent of Belive Concepts GmbH or, if the respective rights are not held by Belive Concepts GmbH, from the rights holder. Any further processing, duplication, distribution and/or public reproduction exceeds normal use and constitutes a violation of copyright. 7.3. For custom-made products or orders outside of the existing product range, Belive Concepts GmbH assumes that the customer has verified that no third-party intellectual property rights exist. If Belive Concepts GmbH manufactures items based on a customer’s drawings or original samples, Belive Concepts GmbH is not liable for any rights, in particular any intellectual property rights of third parties. The customer undertakes to indemnify and hold Belive Concepts GmbH harmless in the event of a third-party infringement.
Privacy Policy and Declaration of Consent
8.1. The provisions of the Data Protection Act, as amended, are observed. 8.2. You agree that Belive Concepts GmbH may store, use, process, and evaluate the data you provide, as well as all data resulting from the business relationship, for its services and related services. You agree that Belive Concepts GmbH may use the same data to send you information about products, services, special offers, or promotions by mail, telephone, fax, or email. You can revoke this consent at any time in writing by email or post: Belive Concepts GmbH Gusshausgasse 7 A-4040 Linz e-mail: office[at]kieferfreund.com 8.3. Belive Concepts GmbH assumes no liability for any misuse of the data provided by third parties.
Information does not replace medical or therapeutic treatment
The information provided by Kieferfreund is for your information only and in no way replaces personal consultation, examination, or diagnosis by a physician. Kieferfreund makes no promises of healing, is not intended to provide a diagnosis, and does not replace medical or therapeutic treatment. This information does not replace a visit to the doctor, but can usefully complement and support the dialogue between patient and physician. In particular, Belive Concepts GmbH does not guarantee the accuracy of the information regarding the effectiveness of medications or therapies and strongly recommends that you consult a physician before using Kieferfreund products. Kieferfreund should only be viewed as a supportive measure. We also warn against self-medication. The content provided by Kieferfreund cannot and may not be used to make independent diagnoses and/or to independently select and use, modify, or discontinue medications, other medical products, or treatments. If in doubt, consult your doctor beforehand.
Final Provisions
10.1. Place of performance is Linz, Austria. 10.2. Unless otherwise provided by mandatory statutory provisions, this contract shall be governed by Austrian law; the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The same applies to the place of jurisdiction in the event of disputes: The competent court at the registered office of Belive Concepts GmbH shall have jurisdiction. 10.3. Should individual provisions of these Terms and Conditions be invalid or unenforceable, the validity of the remainder of these Terms and Conditions shall remain unaffected. In such case, the invalid or unenforceable provisions will be replaced by valid and enforceable provisions that most closely approximate the legal and economic purpose of the provisions to be replaced.
Complaints/Dispute Resolution
If you have any complaints, please contact our customer service at office[at]kieferfreund.com. We do not participate in a system for alternative dispute resolution. The European Union has established an online dispute resolution system for the out-of-court settlement of consumer disputes.
ne platform (“OS platform”) that you can turn to. You can find the platform at: http://ec.europa.eu/odr Appendix 1: Cancellation form If you wish to cancel the contract, please fill out this form and return it. To: Belive Concepts GmbH Gusshausgasse 7 4020 Linz, Austria Email: office@kieferfreund.com I hereby cancel the contract I concluded for the purchase of the following goods Ordered on _________________ Received on _________________ Invoice number: Reason for return: Name: ___________________________________ Address: ___________________________________ ___________________________________ ___________________________________ Date: ____________ Signature: ____________________ (only required for notification on paper)