General terms & conditions
1. Validity of the general terms and conditions
These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") apply to all contracts concluded via the Webshop on the homepage www.dr-owl.com (hereinafter referred to as "Webshop") between DR.OWL NutriHealth GmbH, FN 411037t, and the registered office Vienna and the business address 1080 Vienna, Josefstädter Straße 7/16 (hereinafter "Dr.Owl") and the customer of Dr.Owl be completed.
2. Recognition of the terms
The customer acknowledges these terms and conditions and agrees with them as soon as he makes an order in the webshop.
3. Defence clause
The inclusion of general terms and conditions or other terms and conditions of the customer, which deviate from these terms and conditions, will be rejected, unless they are expressly recognized by Dr.Owl in written form.
4. Conclusion of the contract
4.1. Web presence of Dr.Owl www.dr-owl.com
The product presentation on the website does not constitute a binding offer resulting in the establishment of a sales contract in the legal sense. Therefore the customer is requested to submit an offer by placing an order in the webshop.
4.2. Ordering process
In the overview of the assortment of the webshop, the customer can choose the desired product(s) (including the subscription models indefinitely over recurring deliveries, hereinafter referred to as "subscription") by clicking on the button "Order " choose.
The selected products are placed in the virtual shopping basket. All of the selected products may be viewed in the shopping basket. By clicking on the button "go to checkout" the order process will continue and on the following page, where the customer will be requested to register for an customer account or sign-in if you already have one.
Then the delivery location and the payment method is selected in order to enable the delivery. When choosing external payment services, the customer will be redirected to the external website of the respective payment service provider.
Before placing the order, the data relevant for the order will be summarized in an "order summary". The customer is free to check his information and correct it if necessary, before he sends his order by clicking on the button "buy now" to Dr.Owl. By clicking on the "buy now" button, the customer submits a binding offer to buy the goods selected by him / her The customer is obliged to enter the data entered in the webshop as well as on external websites of the payment service providers The customer bears the risk that the ordered goods will be delivered to another person if such a wrong delivery was caused by the customer having given the wrong consignee or delivery address.
The smallest order unit is a pack of 10 individual products and sealed.
In addition to the possibility to order single products, a subscription is also offered. The subscription will be completed indefinitely. In the case of a subscription, the customer receives a delivery with predefined order units once a month (calculated from the day of the first order).
The subscription has a minimum duration of 2 months. Thereafter, the subscription can be cancelled at any time. In order to prevent further delivery after termination the cancellation should be submitted on the last day of the second week from the day of the last delivery. In order to maintain the timeliness of the termination, it is sufficient that the customer sends 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 receiving the order a notification e-mail to the e-mail address stated by the customer, in which the receive of the order is confirmed and its content is depcited (hereinafter referred to as "order confirmation").
The order confirmation does not represent an acceptance of the purchase offer of the customer by Dr.Owl. The acceptance of the offer by Dr.Owl will only take place upon receiving the shipping confirmation to the e-mail address stated by the customer. If Dr.Owl refuses to conclude the contract, this will be communicated to the customer immediately by e-mail and the customer has no claims against Dr.Owl for this reason.
5. Storage of the contract text
The text of the contract, i.e the details of the order process stated by the customer, is stored by Dr.Owl and can be viewed by the customer under the link "My Account" and consequently "My Orders". Regardless of that, Dr.Owl is sending the order confirmation and terms and conditions to the e-mail address provided by the customer.
6. Cancellation policy
The cancellation policy can be found here.
7. Prices & costs
1. The prices stated on the product pages include VAT.
2. Price errors reserved. If the correct price is higher, the customer will be contacted. In this case, a contract can only be concluded if the customer wants to buy at the accurat 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 upon when ordering the products. The legal value added tax is included in the shipping costs.
4. Shipping costs for single orders vary between € 4.90 & € 9.90 depending on the each country. The exact costs can be found under Payment & Shipping. When subscribing, shipping is free for all enlisted countries.
8. Delivery terms
1. Deliveries using GLS are possible for following countries: Austria, Germany, Belgium, Netherlands, Luxenburg, England, France, Italy, Poland, Slovakia, Slovenia, Czech Republic, Hungary.
2. Unless otherwise agreed, the delivery will be made to the address stated 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 destruction of the products passes to the customer as soon as they have been handed over to the transport company by Dr.Owl. In the event of damage to the products during transport, the customer must immediately report the damage to the transport company and assert the damage there. The statutory or contractually agreed warranty rights of the customer to Dr.Owl remain unaffected by this provision.
5. Dr.Owl bears no responsibility if there are any delivery obstacles in the area of ??suppliers or manufacturers. If delivery or adherence to an agreed delivery time is impossible due to circumstances beyond the control of Dr.Owl, Dr.Owl is entitled to withdraw from the contract in whole or in part. Dr.Owl will inform the customer without delay. Claims for damages are excluded for this case. Existing delivery restrictions inform the customer prior to commencement of the order process.(see point 7.3).
9. Due date and retention of title
1. The purchase price is due before the delivery of the products.
2. The delivered products remain the property of Dr.Owl until full payment.
10. Terms of payment
1. For single product orders, which are not subscriptions, the following payment methods are available: Sofortüberweisung (direct banking), credit card (Visa & Mastercard) or Paypal.
2. For subscriptions credit card (Visa & Mastercard) or Paypal are available as payment method. Charging takes place monthly by an automatic triggering of the order.
We reserve the right to exclude certain payment methods.
3. When purchasing by credit card, the reservation, verification & debit of the account takes during the ordering process. Credit card statements are made by:
Telefon: +49 69 7922-0
4. When using direct banking (Sofortüberweisung) as payment method the amount is due immediately after completing the order. The stated current account will be charged. Direct banking is processed by:
KLARNA GROUP COMPANY
Telefon: +49 89 20 20 889-0
1. Unless otherwise specified, the general statutory provisions apply.
2. The warranty is excluded in case of defects caused by the customer. This is especially the case with improper handling, incorrect operation or unauthorized repair attempts.
3. If delivered products have obvious material or manufacturing defects (also transport damage), the customer is obliged to report this to Dr.Owl immediately. A claim for damages of the customer due to transport damages has to be reported by the customer directly to the transport company as stated in point 8.
4. Insofar as a manufacturer's warranty exists, the customer must assert claims arising from this directly against the manufacturer. The liability of Dr.Owl from a manufacturer's warranty is excluded. A manufacturer's warranty does not affect the statutory or contractually agreed warranty rights of the customer to which he is entitled to Dr.Owl. Owl
1. Claims for damages of the customer against Dr.Owl are excluded, as far as Dr.Owl or its vicarious agents did not act deliberately or grossly negligently.
2. Liability for damages resulting from injury to life, limb and health remains unaffected or liability is mandatory under the Product Liability Act.
13. Right to set-off, right of retention
1. The customer is not entitled to set off against the claims of Dr.Owl, unless the counterclaims of the customer are legally established or undisputed. The customer is also entitled to offset against the claims of Dr.Owl if he asserts claims for 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.
Dr. Owl has copyright on all images, films and texts published on the website www.dr-owl.com.
The use of images, films and texts is not permitted without the explicit consent of Dr.Owl.
16. Applicable law
The law of the Republic of Austria applies, excluding the reference standards and the UN Sales Convention.
The place of jurisdiction for all disputes arising from contracts concluded on the basis of these GTC is - insofar as § 14 KSchG does not stipulate otherwise - the competent court for 1010 Vienna.
18. Change of the general terms and conditions / change reservation
Dr.Owl is entitled to unilaterally change these terms and conditions, as far as this is necessary to eliminate subsequently arising equivalence disturbances or to adapt to changed legal or technical conditions. Dr.Owl will notify the customer of any change to the last known e-mail address of the customer by notifying the contents of the amended regulations. The change becomes an integral part of the contract if the customer does not contradict Dr.Owl in text form within six weeks after receipt of the notification of amendment.
19. Severability clause
If any provision of these terms and conditions should be ineffective, the validity of the remaining provisions shall not be affected.