General Terms and Conditions of Business

I. Scope of application

  1. The following general terms and conditions shall apply to all contracts concluded with CHRONOBRANDS VETRIEBS GMBH (hereinafter referred to as the “seller”) via the online shop at www.vitabasix.com. the general terms and conditions shall apply exclusively at the time of the order. The General Terms and Conditions applicable at the time of the order shall apply exclusively. The inclusion of the buyer’s GTC is expressly rejected.
  2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

II. Conclusion of contract

  1. The subject matter of the contract is the sale of the products presented on the Seller’s website.
  2. The presentation of the goods at www.vitabasix.com or on other sales materials does not constitute a binding offer.
  3. The Buyer makes a binding offer to conclude a contract with the Seller by placing an order by telephone, e-mail, fax, post or by clicking on the order button on the Website.
  4. The buyer can initially place the products in the shopping basket without obligation and correct his entries at any time before sending his binding order. Only by clicking on the order button does the Buyer place a binding order for the products contained in the shopping basket.
  5. The Seller accepts the Buyer’s order by sending an order confirmation to the Buyer or by performance. The decision to accept the order is at the sole discretion of the Seller. The Seller is therefore entitled to refuse acceptance of the order at any time without giving reasons.
  6. By clicking on the box “I have read and agree to the General Terms and Conditions”, the buyer agrees to the General Terms and Conditions.

III. Prices, shipping costs and payment options

  1. All prices are final prices in Euro including the applicable taxes and duties plus delivery and shipping costs. The prices at the time of the order shall apply.
  2. The delivery and shipping costs are currently Euro 6.20 for deliveries to zone 1 (Austria, Germany, Luxembourg, Netherlands) and Euro 8.20 for deliveries to zone 2 (all other EU countries) and can be found on the order form.
  3. The buyer is not entitled to set-off, unless his claim is undisputed, legally established or ripe for decision. Claims of the buyer after revocation and reversal of the contract are not covered by this offsetting prohibition.
  4. The buyer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
  5. Buyers can pay in advance or by bank transfer. Payments by cheque are not accepted.
  6. the invoice amount is due for payment immediately after receipt of the goods and the invoice, except in the case of payment in advance.
  7. In the event of cancellation of the purchase contract for the goods already dispatched, the seller shall transfer payments already made to an account specified by the buyer and, in accordance with the agreement with the shipping service provider, shall take over the goods for return transport by individual agreement.
  8. The seller reserves the unrestricted right to assign claims to third parties.

IV. Dispatch and delivery

  1. Unless otherwise agreed, the goods ordered shall be shipped to the delivery address specified by the buyer. In the case of orders placed by means of the Seller’s order form, the specified delivery address shall be decisive.
  2. Partial deliveries are permissible insofar as the complete delivery of the order is not possible due to partial unavailability of goods and the partial delivery is reasonable for the buyer. The additional shipping costs resulting from a partial delivery shall be borne by the seller.
  3. If ordered goods are returned to the seller as undeliverable, the buyer shall bear the shipping costs. This does not apply if the buyer is not responsible for the undeliverability or was temporarily prevented from accepting the delivery through no fault of his own, unless the seller has given reasonable advance notice of the delivery.
  4. The buyer shall be informed immediately of the rejection of an order or the impossibility of performance on the part of the seller; payments already made shall be refunded. 5. the seller shall have the right to cancel the order or to refuse delivery.
  5. The seller shall be entitled to withdraw from the contract in the event of impossibility or substantial impediment of the delivery process due to events for which the seller is not responsible, such as in particular strikes, war, official roadblocks, etc., or, at the seller’s discretion, to postpone the delivery until the impediments have been removed. In this case, the buyer shall be entitled to waive the performance of partial deliveries not yet made. In the event that the Buyer waives the performance of partial deliveries not yet performed, the Seller shall not be entitled to payment of the amount owed for these partial performances.

V. Retention of Title

If the Seller makes advance performance, he shall retain title to the goods delivered until the purchase price owed has been paid in full.

VI. Warranty and limitation of liability

  1. The delivered goods are subject to a statutory warranty for defects. The warranty shall be governed by the statutory provisions.
  2. The Seller shall be liable without limitation insofar as it has assumed a guarantee in an individual case, if it has committed a breach of duty intentionally or through gross negligence and in the event of injury to life, limb or health.
  3. The Seller shall only be liable for damage to property or financial loss caused by simple negligence in the event of a breach of an essential contractual obligation, but the amount shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Material obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfilment is a prerequisite for the proper performance of the contract and on whose compliance the Buyer regularly relies.

VII. Transmission of data to shipping partners

After completion of the order, the Seller shall transmit the address and e-mail address to the shipping partner. This is done both in the legitimate interest of the contracting parties and in the legitimate interest of the shipping service provider to avoid incorrect deliveries. The interests of the recipient that are worthy of protection are not affected by this. The recipient may object to this data processing, of which he has been informed by the Seller’s data protection notice, at any time both vis-à-vis the Seller and the shipping service provider.

VIII. Transport damage

If the buyer is a consumer and goods are delivered with obvious transport damage, the buyer shall complain about such defects to the delivery agent as soon as possible and contact the seller without delay. Failure to make a complaint or contact the seller has no consequences for the buyer’s legal claims and their enforcement, in particular the warranty rights, but serves to simplify the assertion of the seller’s claims against the carrier or the transport insurance.

IX. Right of withdrawal

If the Buyer concludes a contract with the Seller as a consumer using means of distance communication (e.g. telephone, fax, Internet, e-mail), the Buyer shall be entitled to a statutory right of revocation, about which the Seller shall instruct the Buyer separately.

X. Delivery

Shipments cannot be sent or delivered to post office boxes or packing stations. Items will be delivered to the recipient’s address specified by the sender, but not necessarily to the recipient in person. Items sent to addresses with a central reception area will be delivered to this address. If the consignee refuses to accept the consignment or to pay the charges on acceptance, or if the consignment is excluded from carriage, or if the consignment has been undervalued for customs reasons, or if the consignee cannot be reasonably identified, the seller is entitled to release the consignment, dispose of it or sell it. The proceeds of any sale shall be credited to the buyer less any service charges and other administrative costs to be charged.

XI. Alternative Dispute Resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. However, the seller prefers to clarify the buyer’s concern directly in a personal exchange. Please contact info(at)vitabasix.com directly if you have any questions or problems.

XII. Modification of the GTC

  1. The seller reserves the right to change these general terms and conditions at any time with a reasonable notice period of at least two weeks. The announcement shall be made by publishing the amended General Terms and Conditions on the internet at www.vitabasix.com, stating the date on which they come into effect.
  2. If the buyer does not object within two weeks after publication, the amended terms and conditions shall be deemed accepted.
  3. If the buyer objects to the amended terms and conditions within the time limit, the seller shall be entitled to terminate the existing contract with the buyer at the time at which the amendment comes into force. Corresponding contents of the buyer will then be deleted from the database. The Buyer may not assert any claims against the Seller as a result.

XIII. Place of jurisdiction, applicable law, severability clause

  1. All legal relations between the parties shall be governed by Austrian law to the exclusion of the laws on the international sale of movable goods and the conflict of laws. This choice of law shall only apply insofar as a consumer is not thereby deprived of the protection granted by mandatory provisions of the law of the state in which he has his habitual residence.
  2. Vienna shall be the exclusive place of jurisdiction for all claims in connection with contracts, deliveries and other services between the parties vis-à-vis merchants, legal entities under public law or special funds under public law.
  3. The invalidity of individual provisions shall not affect the validity of the remaining terms and conditions. The ineffective provision shall be replaced by an effective provision which comes closest to the former in terms of its meaning and purpose in legal and economic terms..