1) scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company

OFS Lipid Legends GmbH
Ludwig-Koeßler-Platz 3/3/24
1030 Wien

Tel.: +43 650270928
Email:  info@lipid-legends.com

shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to goods and services presented by the Seller. The inclusion of the Customer's own terms and conditions is hereby objected to.

A consumer is any natural person who enters into a transaction that is not part of the operation of their business. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity. Public limited companies, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.

2) CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the seller's webshop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the order form integrated into the seller's webshop. After configuring the selected goods or services and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods or services contained in the shopping cart by clicking the button that concludes the ordering process. After receipt of his order, the customer receives a separate, automated confirmation of receipt of his order(s). Such confirmation does not constitute acceptance of the offer.

2.3 The seller can accept the customer's offer within three working days

- by sending the customer a written order confirmation or an order confirmation in text form (e.g. e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by requesting payment from the customer after the order has been placed.

The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the third working day following the sending of the offer. If the seller does not accept the customer's offer within the above period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent

2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail) after the customer's order has been sent.

The text will not be made available beyond this.

2.5 The German and English languages are available for the conclusion of the contract.

2.6 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) cancellation

3.1 Consumers residing in the EU have the right to withdraw from a distance contract.

A distance contract is a contract between the seller and a consumer which is concluded without the simultaneous physical presence of the seller and the consumer, whereby up to and including the conclusion of the contract only means of distance communication (email, internet, telephone) are used.

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4) PRICES AND TERMS OF PAYMENT

4.1 Unless otherwise stated in the seller's product and service description, the prices quoted are total prices that include statutory VAT, but not shipping costs. The payment methods accepted by the seller are credit card, Klarna, Paypal, SOFORT and the transport service providers used by the seller are listed on the subpage under "Shipping".

5) retention of ownership

5.1 The seller retains ownership of the goods provided to its customers, whether consumers or entrepreneurs, until the purchase price has been paid in full.

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6) DELIVERY AND SHIPPING CONDITIONS  

6.1 We sell and deliver to all customers with a place of residence or registered office in Austria, Germany, Croatia, Poland, Slovakia, Slovenia, Czech Republic, Hungary.

6.2 The delivery of goods shall be made by dispatch to the delivery address specified by the customer.

6.3 If the customer acts as an entrepreneur, the risk of loss or damage to the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the contract of carriage himself without making use of a selection option proposed by the entrepreneur, the risk is already transferred when the goods are handed over to the carrier.

6.4 If the seller incurs additional costs due to the indication of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, provided that the seller has given him reasonable notice of the service in advance, unless the customer, as a consumer, justifiably declares his withdrawal.

6.5 If there is a delay in delivery due to force majeure (e.g. pandemic, strike, storm, disaster, war, etc.), the delivery period shall be extended by the duration of the resulting delay. Any resulting claims for damages are excluded. In the case of customers who are entrepreneurs, this shall also apply if the delay in delivery occurs for other reasons attributable to the suppliers. The customer's statutory right to withdraw from the contract after setting a reasonable grace period remains unaffected in any case.

7) WARRANTY/LIABILITY

7.1 The provisions of the statutory warranty shall apply.

The seller is liable for ensuring that the goods have the objectively required properties in addition to the contractually agreed properties. This does not apply if the consumer expressly and separately agrees to the deviation of a certain characteristic from the objectively required characteristics when concluding the contract, which he does by placing his order after being specifically informed of this deviation in the product description.

7.2 If the customer acts as an entrepreneur,

- an insignificant defect does not in principle justify any warranty claims,
- the seller has the choice of the type of defect rectification
- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

If the customer acts as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 UGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

The seller shall not be liable for slight negligence unless personal injury is involved. These liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

8) JURISDICTION/APPLICABLE LAW

8.1 The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of deliveries to consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

8.2 In relation to entrepreneurs, the court with subject-matter jurisdiction at the registered office of the seller is agreed as the exclusively competent court.

8.3 The place of performance is the registered office of the seller.

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9) ALTERNATIVE DISPUTE RESOLUTION

9.1 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 in which a consumer is involved.