Terms of service

The seller and thus your contractual partner is plantoCAPS pharm GmbH, Moosbrunnweg 1, A-8042 Graz, Austria (hereinafter referred to as "plantoCAPS" or "we"), which operates an online shop at www.plantoCAPS-pharm.com.

The General Terms and Conditions apply to all contracts concluded via the online shop or by telephone order between plantoCAPS pharm GmbH and customers who are consumers within the meaning of the Consumer Protection Act ("KSchG").

By placing an order, you as the customer accept our General Terms and Conditions. Any contractual conditions and/or general terms and conditions of the customer are expressly rejected in their entirety.

The contract is concluded in German. The presentation of the product range on the internet by plantoCAPS is entirely non-binding and does not constitute a legally binding offer, but is merely to be understood as an invitation to the customer to make a binding purchase offer. For environmental reasons, plantoCAPS has committed itself exclusively to electronic correspondence with its customers. For this reason, it is essential to keep your email address up to date, as all documents and information regarding your ordered products, etc. will be sent exclusively by electronic means.

The contract is concluded as follows:

a. You submit your contract offer by telephone or by placing your order in the online shop. When ordering in the online shop, you must click on the "buy now" button after checking and confirming the details of the goods ordered and entering your personal data, including payment details, and checking and, if necessary, correcting your entries.

b. We accept your offer to conclude a contract by delivering the goods ordered. You will receive confirmation of your order by email. This order confirmation does not constitute a declaration of acceptance.

c. You can and should save these General Terms and Conditions and any other order/contract data sent with the order confirmation and/or print them out using the "Print" button. We store the order/contract data. If you lose your order/contract data, we will be happy to send you a copy of your order/contract data on request.

Consumers may withdraw from their contract within two weeks without giving reasons in writing (e.g. letter, fax, email). You may use the withdrawal form available on the homepage http://www.plantocaps-pharm.com/ for the purpose of withdrawal.

The withdrawal period begins on the day the customer or a third party designated by the customer, who is not the carrier of the goods, takes possession of the goods. In the case of partial deliveries or separate deliveries of a single order, the day on which the last goods are delivered is decisive.

The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation must be sent to: plantoCAPS pharm GmbH, Moosbrunnweg 1, A-8042 Graz, Austria.

The customer must return the goods received to plantoCAPS immediately, but no later than 14 days after submitting the notice of withdrawal. It is sufficient if the goods are dispatched within this period. The goods must be returned in their original packaging.

However, in accordance with § 18 FAGG (Distance and Off-Premises Sales Act), the customer has no right of withdrawal/right of cancellation (in addition to other exceptions) for

• goods that are manufactured according to customer specifications or clearly tailored to personal needs (§ 18 (1) Z4 FAGG), or
• goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery (§18 (1) Z 5 FAGG);

 

Due to these legal provisions, revocation is therefore excluded if you order our individually tailored and specially compiled dietary supplements that are designed to meet your needs. Furthermore, due to legal provisions, the 14-day right of withdrawal is excluded if the seal on the delivered dietary supplement is broken, as in this case the product is no longer suitable for return for health and hygiene reasons.

In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the service received in whole or in part, or only in a deteriorated condition, you may be required to compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively attributable to their inspection – as would have been possible in a shop, for example. Incidentally, you can avoid the obligation to pay compensation by not using the goods as an owner and refraining from anything that could impair their value.

In the case of a return from a delivery of goods, you shall bear the direct costs of the return if the goods delivered correspond to those ordered. Otherwise, the return is free of charge for you. Items that cannot be sent by parcel post will be collected from you.

The prices at the time of ordering apply. All prices stated on the website are subject to change, non-binding and may be changed at any time. The prices stated are gross prices (i.e. including VAT) in euros.

Country-specific shipping costs apply to the respective countries.
The specific shipping costs are displayed during the ordering process.

Unless otherwise agreed, the goods will be delivered from the warehouse to the specified delivery address after payment has been made and subject to availability. Partial deliveries are permitted.

Any delivery dates specified by plantoCAPS are always non-binding. Compensation for delayed delivery is excluded in all cases, unless there is intent or gross negligence on the part of plantoCAPS.

If plantoCAPS is unable to deliver the ordered goods through no fault of its own, plantoCAPS is entitled to withdraw from the contract with the customer.

If delivery to the customer is not possible for a reason for which they are responsible (e.g. because they were not found at the delivery address), they shall bear the costs of the unsuccessful delivery.

If the goods are damaged during transport, the customer must immediately report the damage to the transport company and claim compensation from them. In addition, proof of the damage (photo) must be sent to plantoCAPS.

In the event of force majeure, the contractual obligations of both parties shall be suspended. plantoCAPS accepts no responsibility for delivery obstacles on the part of suppliers and/or manufacturers.

Delivery is made by post or various parcel service providers.

You must always pay for the ordered goods in advance. In general, plantoCAPS accepts payment by credit card and PayPal. On the website, you will find a clear overview of all the payment options available to you.

 

a. The buyer may only offset claims that are undisputed, legally established or expressly recognised by plantoCAPS.

b. In the event of late payment, interest on arrears will be charged as well as a reminder fee of €12.50 per reminder.

The goods delivered to you remain the property of plantoCAPS until full payment, including all ancillary fees, has been made.

The statutory warranty provisions apply. Warranty claims by the customer that go beyond the statutory provisions are excluded. Claims for compensation for damage that has not occurred to the subject matter of the contract itself are also excluded. In any case, no warranty is assumed for unsuitable or improper use, handling or usage.

9. Disclaimer

plantoCAPS shall only be liable for damage to the delivered products themselves, but only in cases of intent, gross negligence or culpable breach of essential contractual obligations, and not for damage attributable to slight negligence on the part of plantoCAPS or its agents.

Other and further claims by the customer are excluded in all cases, to the extent permitted by law.

plantoCAPS pharm GmbH researches and checks the contents on the website www.plantocaps-pharm.com with the utmost care and the highest quality standards. Irrespective of this, liability for damages of any kind arising from the use or non-use of the website is fundamentally excluded.

 

The information provided on the website www.plantocaps-pharm.com does not replace professional and expert advice and/or treatment by a doctor and/or pharmacist.

 

Under no circumstances do the contents of the website constitute a medical diagnosis. Rather, only information is provided, and no advice. This does not constitute a contractual, advisory and/or treatment relationship.

Data protection

It goes without saying that the protection of your data is a high priority for plantoCAPS, and plantoCAPS complies with all legal requirements in this regard. At this point, we refer you to our detailed privacy policy.

a. These General Terms and Conditions are subject exclusively to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.

b. Should any provision of these General Terms and Conditions be or become invalid, unenforceable and/or void for any reason whatsoever, this shall not affect the validity of the remaining provisions. The invalid, unenforceable and/or void provision shall be replaced by a valid and enforceable provision that comes closest to the economic and legal meaning and purpose of the invalid provision. The same applies to loopholes in the provisions.

c. The competent court in Graz, Austria, shall have jurisdiction over any disputes arising from or in connection with this agreement.

If this declaration, all contents on this website or this document are translated into other languages, the translation is for information purposes only. In the event of contradictions, deviations or doubts regarding interpretation, the original English version shall be authoritative and legally binding.