General Terms and Conditions (GTC)
of the Health Concierge GmbH, FN 464930x
Status: 01.08. 2018
Status: 01.08. 2018
1.1 Health Concierge GmbH, FN 464930x, with its registered office in 6020 Innsbruck, Austria, concludes all contracts including the following General Terms and Conditions (GTC). They apply in particular to contracts concluded via the online shop healthconcierge.at between Health Concierge GmbH and customers who are consumers. A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his self-employed professional activity.
1.2 These GTC can be called up at any time on the Health Concierge GmbH website and can be digitally secured by the contractual partner.
1.3 The General Terms and Conditions shall be handed over to the contractual partner for review prior to conclusion of the contract. The contracting party must confirm to Health Concierge GmbH their receipt, review and acknowledgement as well as their acceptance prior to the conclusion of the contract. The contractual partner acknowledges these GTC at the latest then and declares his agreement with them as soon as he makes an order.
1.4 The inclusion of the customer’s general terms and conditions or contractual conditions that deviate from these GTC shall be rejected.
2.1 The product presentation on the website healthconcierge.at/shop/ does not constitute an offer in the legal sense. This is an invitation to the customer to submit an offer himself. The customer submits the offer in the legal sense by placing the order. Confirmation of receipt of the order is made together with the acceptance of the order immediately after sending by an automated e-mail. With this e-mail confirmation the sales contract came off.
2.2 In the overview of the assortment of the online shop healthconcierge.at/shop/ the customer can select the desired product(s) by clicking on the button “into the shopping basket”. The selected goods are temporarily stored in the shopping basket during the customer’s visit to the healthconcierge.at website. By clicking the button “Proceed to checkout” below the goods listed in the shopping cart, the order process is continued. On the following page, the customer is requested to register for the online shop if he already has an account or to register again. The customer then selects the place of delivery and the method of payment desired by him and enters the data required for the execution of the payment. When choosing external payment services, the customer is redirected to the external website of the respective payment service provider. Before placing the order, the data relevant to the order are summarized in an “order overview”. The customer is free to check his details in the order overview again and to correct them if necessary before sending his order to Health Concierge GmbH by clicking on the “Buy Now” button. By clicking on the button “Buy Now” the customer submits a binding purchase offer with regard to the goods selected by him.
2.3 Health Concierge GmbH will send a notification e-mail after receipt of the order to the e-mail address provided by the customer, in which the receipt of the order is confirmed and its contents reproduced (hereinafter referred to as “order confirmation”). If Health Concierge GmbH rejects the conclusion of the contract, the customer will be informed immediately by e-mail.
2.4 The customer’s order details are stored by Health Concierge GmbH and can be viewed by the customer under the link “My account” à “My orders”.
2.5 Health Concierge GmbH will only carry out the order commissioned by the contracting party after transfer of the transaction amount.
3.1 Payment for deliveries can be made by instalment purchase, PayPal or invoice. Health Concierge GmbH reserves the right to demand a down payment in case of higher order values.
3.1.1 Payment via PayPal
The period for delivery begins with payment by PayPal at the latest one working day after placing the payment order with PayPal.
3.1.2 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
The payment methods invoice, part payment and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. Further information and Klarnas user terms for Germany you can find here and for Austria here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement for Germany/ Austria.
3.2 Any costs incurred by credit institutions in forwarding money to Health Concierge GmbH shall be borne exclusively by the contractual partner.
3.3 Health Concierge GmbH expressly reserves the right to refuse the execution of transactions without giving reasons. Furthermore, it is entitled to exclude contractual partners from the further use of the offered services.
3.4 The contracting party is only permitted to have a user account with Health Concierge GmbH. He is also obliged to keep the data he has provided up to date.
4.1 Communication between Health Concierge GmbH and the contracting party shall be carried out exclusively by digital means via e-mail. The contractual partner is responsible for the monitoring and the operational readiness of his e-mail inbox.
5.1 Pursuant to Section 11 FAGG, consumers are entitled to withdraw from a contract concluded within 14 days without stating any reasons.
5.2 After conclusion of the contract, but before payment of the purchase price, consumers are entitled to withdraw from the conclusion of the contract without giving reasons, at any time and without additional costs. The consumer must declare his withdrawal from the contract by completing and sending the cancellation form provided by Health Concierge GmbH in accordance with Annex I Part B FAGG at https://www.healthconcierge.at/wp-content/uploads/2018/07/Wiederrufserkla%CC%88rung_HealthConcierge_v2.pdf. The date on which the form is sent is decisive for the deadline run.
6.1 All product prices are total prices; they include the statutory value added tax (VAT). The applicable value added tax is included in the shipping costs.
6.2 Errors in prices are reserved. If the correct price is higher, contact will be made with the customer; a contract will only be concluded in this case if the customer wishes to purchase at the actual price. If the correct price is lower, this price will be charged.
7.1 In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.
8.1 Unless otherwise agreed, delivery will be made to the address provided by the customer. We also deliver to packing stations.
8.2 The expected delivery time is indicated directly in the shopping cart. If payment is made in advance, the delivery period begins one day after receipt of the amount on the bank account of Health Concierge GmbH. In all other cases, the delivery period begins one day after receipt of the order.
8.3 In the event of damage to the goods during transport, the customer must immediately report the damage to the transport company and claim the damage there.
8.4 Health Concierge GmbH is not responsible for the presence of delivery obstacles in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which Health Concierge GmbH is not responsible, Health Concierge GmbH is entitled to withdraw from the contract in whole or in part. Health Concierge GmbH will inform the customer immediately in this regard. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the order process.
8.5 The purchase price is due upon delivery of the goods at the latest.
8.6 The delivered goods remain the property of Health Concierge GmbH until full payment has been received.
9.1 Unless otherwise specified, the general statutory provisions shall apply.
9.2 The warranty is excluded for defects caused by the customer. This is particularly the case in the case of improper handling, incorrect operation or unauthorised repair attempts.
9.3 The shortened limitation period does not apply to damages which are based on a grossly negligent breach of duty by Health Concierge GmbH or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Health Concierge GmbH. Furthermore, the shortened limitation period does not apply to claims for damages due to negligent or intentional violation of essential contractual obligations. Essential contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
9.4 If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and contact us as soon as possible. Failure to make a complaint or contact has no consequences for the legal warranty claims of consumers and serves only to support the provider in asserting his claims against the company commissioned with the delivery of the goods or the insurance.
9.5 If a manufacturer’s guarantee exists, the customer must assert the claims arising from this directly against the manufacturer. The liability of Health Concierge GmbH under the guarantee is excluded.
10.1 Claims for damages by the customer against Health Concierge GmbH are excluded, unless Health Concierge GmbH or its vicarious agents acted with intent or gross negligence.
10.2 Liability for damages resulting from injury to life, body and health, from negligent or intentional violation of essential contractual obligations or to the extent that liability is mandatory under the Product Liability Act or from culpa in contrahendo or due to other breaches of obligations or claims in tort for compensation for material damage shall remain unaffected. Essential contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
10.3 Health Concierge GmbH accepts no liability for data loss in any form whatsoever. Also, any liability for damage, in any form whatsoever, caused by unforeseeable events, in particular network disruptions, computer failures or criminal activities by third parties, is excluded.
10.4 Any liability of Health Concierge GmbH is limited to the amount of the order value.
10.5 To achieve the purpose of the contract, Health Concierge GmbH is dependent on services offered by third parties. It assumes no liability, guarantee or warranty that the services offered via its website meet the requirements, ideas or wishes of the contractual partner. Furthermore, Health Concierge GmbH assumes no liability, guarantee or warranty for uninterrupted, punctual, secure or error-free performance of the contract and the availability of the homepage or the services offered via it. The contracting party is aware that a complete and uninterrupted provision of the website and the services offered is not possible. Health Concierge GmbH is therefore entitled, without being obliged to state a reason, to restrict access to the website including services offered due to maintenance work, capacity concerns and other events of force majeure in whole or in part, temporarily or permanently.
10.6 Any form of assertion of claims for damages by the contracting party, in any form whatsoever, against Health Concierge GmbH or third parties attributable to it, e.g. due to system failures, faulty, delayed, manipulated or abusive data transmission etc., is excluded.
10.7 Health Concierge GmbH is not liable for technical malfunctions of the website which make it impossible for the contractual partner to purchase or sell digital currencies at the desired rate.
10.8 Furthermore, Health Concierge GmbH is not liable for the content made available via the website, in particular for its up-to-dateness, completeness and accuracy.
10.9 If safety certificates are offered, the contracting party acknowledges that they do not guarantee absolute safety and full functionality in accordance with the state of the art.
11.1 The current data protection declaration can be viewed and downloaded at any time on the Health Concierge GmbH website: healthconcierge.at/data protection instructions/.
11.2 Health Concierge GmbH is not responsible for the collection, processing or use of personal data after the contracting party has called up these forwarding services.
12.1 The correspondence address of Health Concierge GmbH is:
Health Concierge GmbH, FN 464930x
Anichstrasse 1, A-6020 Innsbruck, AUSTRIA
Phone: +43 512/931828
13.1 We are entitled to amend these General Terms and Conditions unilaterally insofar as this is necessary to remedy any subsequent disturbances of equivalence or to adapt to changed legal or technical conditions. We will inform the customer about a change by informing the last known e-mail address of the customer of the content of the changed regulations. The change becomes an integral part of the contract if the customer does not object to the inclusion in the contractual relationship in writing or text form within six weeks of receipt of the change notification.
14.1 Should any clause of these GTC be invalid or become invalid or impracticable or become invalid or impracticable after signing, the validity of the remaining GTC shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that these GTC prove to be incomplete.
15.1 It is stated that concluded contracts correspond to the ideas of the contractual partner and this confirms by its acceptance of the GTC that it has been informed about the consequences and has been informed in this respect.
14.2 Health Concierge GmbH is entitled, without being obliged to justify this, to change the GTC including associated contractual bases at any time. The contracting party undertakes to keep it informed of any changes to these documents on an ongoing basis.
16.1 For all legal transactions concluded with Health Concierge GmbH, written compulsion within the meaning of the provisions of § 884 ABGB is deemed to have been agreed. Therefore, agreements are only legally valid if they are made in writing by both parties.
17.1 Furthermore, the contracting party waives the right to contest legal transactions concluded with Health Concierge GmbH due to errors and loss of the business basis. Furthermore, he waives all other waiverable grounds for appeal and declares not to raise any such objection in the case of litigation.
18.1 For any disputes arising from this contract, the exclusive jurisdiction of the competent court for the political community of Innsruck is agreed.
17.2 Furthermore, Austrian law shall apply exclusively, expressly excluding the applicability of the UN Sales Convention and the provisions of international private law.
The European Commission provides an online dispute resolution (OS) platform, which you can find at https://ec.europa.eu/consumers/odr We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body.