General terms and conditions of business

1. Validity of the General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded via the webshop on the homepage dr-owl.com (hereinafter referred to as "Webshop") between DR.OWL NutriHealth GmbH, FN 411037t, with the registered office in Vienna and the business address 1080 Vienna, Josefstädter Straße 7/16 (hereinafter referred to as "Dr.Owl") and the customer of Dr.Owl.

2. Acknowledgement of the GTC

The customer acknowledges these GTC and agrees to them as soon as he places an order in the webshop.

3. Defense clause

The inclusion of general terms and conditions or other contractual conditions of the customer, which deviate from these GTC, is rejected, unless they are expressly accepted by Dr.Owl in writing.

 

4. conclusion of contract

4.1. Internet presentation of Dr.Owl on the website www.dr-owl.com

The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to make an offer himself. The offer in the legal sense is made by the customer by placing an order in the web store.

4.2. Ordering process

In the overview of the web store's assortment, the Customer can select the product(s) he wishes to order (including the desired subscription models for an indefinite period of time via recurring deliveries, hereinafter referred to as "Subscription") by clicking on the "Order" button. The selected goods are temporarily stored in the shopping cart during the Customer's visit to the Web Shop, but are not reserved. By clicking the button "proceed to checkout" next to the goods listed in the shopping cart, the ordering process is continued. On the following page the customer will be asked to register for the webshop if he already has an account or to register for the first time. Or to order as a guest without creating an account.

Then the customer selects the place of delivery and the method of payment he wishes to use and enters the data required to make the payment. When choosing external payment services, the customer is redirected to the external website of the respective payment service provider. Before the order is placed, the data relevant to the order is summarized in an "order summary". The customer is free to review and, if necessary, correct the information in the order summary before submitting the order to Dr.Owl by clicking the "buy now" button. By clicking on the button "buy now" the customer makes a binding offer to purchase the goods selected by him. The customer is obliged to carefully check the data entered in the course of placing the order, both in the web store and on external websites of payment service providers, for correctness and completeness. The customer bears the risk that the ordered goods will be delivered to another person, if such incorrect delivery was caused by the fact that the customer entered an incorrect recipient or delivery address.

The smallest order unit is a sealed package consisting of 10 individual products.

In addition to the possibility of placing individual orders, a subscription is also offered. The subscription is concluded for an indefinite period of time. In the case of a subscription, the customer receives a delivery with a predefined number of order units in an interval selected by him (subject to timely payment of the purchase price in accordance with point XI. 3).

The subscription has a minimum term of 2 months. After that, the subscription can be cancelled at any time. In order to ensure the timeliness of the cancellation, it is sufficient that the customer sends or expresses the cancellation at the latest on the last day of the second week, from delivery of the last delivery, using (at least one of) the contact options listed in the imprint.

4.3. Order Confirmation

Dr.Owl sends after receipt of the order a notification e-mail to the e-mail address provided by the customer, in which the receipt of the order is confirmed and its content is reproduced (hereinafter referred to as "Order Confirmation"). The Order Confirmation does not constitute an acceptance of the customer's purchase offer by Dr.Owl. Acceptance of the offer by Dr.Owl takes place only upon receipt of the shipping confirmation to the e-mail address provided by the customer. If Dr.Owl refuses to conclude the contract, the customer will be informed immediately by e-mail and the customer has no claims against Dr.Owl for this reason.

5. Storage of the contract text

The contract text, i.e. the customer's information about the order process, is stored by Dr.Owl and can be viewed by the customer under the link "My Account" and consequently "My Orders". Independently of this, Dr.Owl sends the order confirmation and these GTC to the e-mail address provided by the customer.

6. Cancellation policy

You will find the cancellation policy in the footer under "Cancellation policy".

7. Prices & costs

1. the prices stated on the product pages include the statutory value added tax.

2. price errors reserved. If the correct price is higher, the customer will be contacted; in this case, a contract is only concluded if the customer wants to buy at the actual price. If the correct price is lower, the lower price will be charged.

3. shipping costs are not included in the price; they are additional, unless otherwise agreed when ordering the goods. The applicable sales tax is included in the shipping costs.

4. shipping for individual orders is depending on the country between € 4.90 & € 9.90. The exact costs can be found in the footer under payment & shipping. Test packages are shipped free of charge. When taking out a subscription, shipping is free for all countries.

8. Delivery conditions

1. deliveries are currently possible to the following countries: Austria, Germany, Belgium, Netherlands, Luxembourg, England, France, Italy, Poland, Slovakia, Slovenia, Czech Republic, Hungary. The delivery takes place with the Austrian POST AG and DHL instead.

2. unless otherwise agreed, delivery is made to the address specified by the customer.

3. delivery time is usually 1-2 working days. Deviation up to max. 5 working days are possible.

4. the risk of damage or loss of the goods is transferred to the customer as soon as the goods are handed over by Dr.Owl to the transport company. In case of damage of the goods during transport the customer has to report the case of damage immediately to the transport company and claim the damage there. The customer's legal or contractual warranty rights against Dr.Owl remain unaffected by this provision (see point 7.3.).

5. Dr.Owl does not bear any responsibility in case of delivery obstacles in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances beyond Dr.Owl's control, Dr.Owl is entitled to withdraw from the contract in whole or in part. Dr.Owl will inform the customer immediately in this respect. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the order process.

9. Maturiy and retention of title

1. the purchase price is due before delivery of the goods.
2. the delivered goods remain the property of Dr.Owl until full payment.

10. Terms of Payment

1. for single orders, which are not subscriptions, the following payment methods are available: Sofortüberweisung, Kreditkare (Visa & Mastercard) or Paypal.

2. for subscriptions are credit card (Visa & Mastercard) or Paypal as a payment method available. The debit is monthly with automatic triggering of the order.

We reserve the right to exclude certain payment methods.
3. when buying with credit card, the reservation, check & debit of the account takes place when the order is placed. Credit card settlements are carried out by:

Concardis GmbH
Helfmann-Park 7
65760 Eschborn
Germany
Phone: +49 69 7922-0
E-mail: cc@concardis.com

4. when buying with Sofortüberweisung, the payment amount is due immediately after completion of the order from the current account specified in the ordering process at the credit institution specified there. Instant bank transfers are carried out by:
KLARNA GROUP COMPANY SOFORT GMBH
Theresienhöhe 12
80339 Munich
Germany
Phone: +49 89 20 889-0
Email: info@sofort.com

 

11. Warranty

1. Unless otherwise stipulated, the general statutory provisions shall apply.
2. The warranty is excluded in case of defects caused by the customer. This is particularly the case with improper handling, incorrect operation or unauthorized repair attempts.
3. if delivered goods show obvious material or manufacturing defects (also transport damages), the customer is obliged to notify Dr.Owl immediately. A claim for damages by the customer due to transport damages has to be reported by the customer directly to the transport company - as stated in point 8 4.
4. if there is a manufacturer's warranty, the customer has to assert the claims arising from this warranty directly against the manufacturer. The liability of Dr.Owl from a manufacturer's warranty is excluded. A manufacturer's warranty does not affect the customer's statutory or contractually agreed warranty rights to which he is entitled against Dr.Owl.

12. Exclusion of liability

1. claims for damages of the customer against Dr.Owl are excluded, as far as Dr.Owl or its vicarious agents have not acted intentionally or grossly negligent.
2. liability for damages resulting from injury to life, body and health or as far as liability is mandatory according to the product liability law remains unaffected.

 

13. Right of set-off, right of retention

1. the customer is not entitled to set-off against the claims of Dr.Owl, unless the customer's counterclaims are legally established or undisputed. The customer is also entitled to set-off against the claims of Dr.Owl, if he claims defects or counterclaims from the same purchase contract.

2. the customer may exercise a right of retention only if his counterclaim is based on the same purchase contract.

 

14. Data protection

Provisions on data protection are included in the footer under Privacy Policy.

15. Copyrights

Dr. Owl has copyrights on all pictures, films and texts published on the website www.dr-owl.com. Any use of the images, movies and texts, is not allowed without the express consent of Dr.Owl.

 

16. Applicable Law

The law of the Republic of Austria shall apply to the exclusion of the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.

17. Place of jurisdiction

The place of jurisdiction for all disputes arising from contracts concluded on the basis of these General Terms and Conditions shall be the court having subject-matter jurisdiction for 1010 Vienna, unless otherwise provided for by § 14 KSchG.

18. Amendment of the General Terms and Conditions / reservation of right to amendment

Dr.Owl is entitled to unilaterally change these General Terms and Conditions, as far as it is necessary for elimination of subsequently arising equivalence problems or for adaptation to changed legal or technical conditions. Dr.Owl will inform the customer about a change by sending a message with the content of the changed regulations to the last known e-mail address of the customer. The change will become part of the contract if the customer does not object in text form to Dr.Owl's inclusion in the contractual relationship within six weeks after receipt of the change notification.

19. Severability clause

If any provision of these GTC should be invalid, the validity of the remaining provisions shall not be affected thereby.