Conditions
General Terms and Conditions (GTC)
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 online shop www.medsalus-schafwolle.com between MedSalus woolhome GmbH and customers who are consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
2. Acknowledgment of the Terms and Conditions
The customer acknowledges these terms and conditions and agrees to them as soon as he places an order. The contractual partners agree on the application of Austrian law. Does the consumer have his domicile or habitual abode in Germany or is he in the country?
If the employee is employed domestically, an action against him can only be brought under the jurisdiction of the court in whose district the place of residence, habitual residence or place of employment is located; this does not apply to legal disputes that have already arisen.
3rd defense clause
The inclusion of general terms and conditions or contractual terms of the customer that deviate from these terms and conditions will be rejected, unless they are expressly acknowledged by MedSalus woolhome GmbH.
4. Conclusion of contract
4.1. Online presence of MedSalus woolhome GmbH on the website www.medsalus-schafwolle.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 themselves. The customer makes the offer in the legal sense by placing the order. Confirmation of receipt of the order occurs together with acceptance of the order immediately after sending by an automated email. The purchase contract is concluded with this email confirmation.
4.2. Ordering process
In the overview of the product range of the online shop www.medsalus-schafwolle.com, the customer can select the desired product(s) by clicking the "Add to Cart" button. The selected products are temporarily stored in the shopping cart during the customer's visit to the website www.medsalus-schafwolle.com. By clicking the "Proceed to Checkout" button next to the products listed in the shopping cart, the ordering process continues. On the following page, the customer is prompted to log in to the online shop if they already have an account or to register anew. The customer then selects their chosen delivery location and preferred payment method and enters the data required to process the payment. When choosing external payment services such as PayPal, the customer is redirected to the external website of the respective payment service provider. Before placing the order, the relevant data for the order is summarized in an "Order Overview." The customer is free to review their information in the order overview and make corrections if necessary before submitting their order by clicking the "Submit & Pay" button to MedSalus woolhome GmbH. By clicking the "Submit & Pay" button, the customer makes a binding purchase offer regarding the selected product.
4.3. Order confirmation (= conclusion of contract)
MedSalus woolhome GmbH will send a notification email to the email address provided by the customer upon receipt of the order, confirming the receipt of the order and detailing its contents (hereinafter referred to as "Order Confirmation"). If MedSalus woolhome GmbH rejects the conclusion of the contract, this will be communicated to the customer immediately by email.
5. Storage of the contract text
The contract text, i.e. the customer's information about the ordering process, is stored by Medsalus woolhome GmbH and can be viewed by the customer under the link “My Account” à “My Orders”. Regardless of this, Medsalus woolhome GmbH sends an order confirmation and these general terms and conditions as well as information about the cancellation to the email address provided by the customer.
6. Right of Withdrawal / Cancellation
You can return the received goods within 14 days without giving any reasons by sending the goods back. Information on returns can be found in our cancellation policy.
Right of withdrawal
The following cancellation policy applies to contracts for goods that can be sent as a package by post.
Right of withdrawal for goods that can be sent by parcel
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day you or a third party designated by you, who is not the carrier, has last taken possession of the goods.
In order to exercise your right of withdrawal, you must contact us
Medsalus woolhome GmbH
Ankershofenstraße 33
9020 Klagenfurt am Wörthersee
Email:office@medsaluswool.com
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email).
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return the goods to us immediately and in any case no later than 14 days from the day on which you notify us of your cancellation of this contract
Medsalus woolhome GmbH (Logistics)
Oberseidendorf 19
9122 St. Kanzian
to return or to hand over. The deadline is met if you send the goods before the expiration of the 14-day period. The return shipping is to be paid by yourself.
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer cannot be revoked.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded,
Contracts for the delivery of goods which are not suitable for return for reasons of health protection or hygiene if they have been opened or used after delivery,
Contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery,
Contracts for the delivery of alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
Contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
End of revocation
7. Prices
1. All product trips are total prices; they include the statutory sales tax (VAT).
2. Price errors excepted. 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, this price will be charged.
8. Shipping costs
1. There are no shipping costs in addition to the stated product prices.
9. Delivery Conditions
1. Unless otherwise agreed, delivery will be made to the address specified by the customer. We also deliver to packing stations.
2. If the goods are damaged during transport, the customer must immediately report the damage to the transport company and claim the damage there.
3. Medsalus woolhome GmbH is not responsible in the event of delivery obstacles from suppliers or manufacturers. If the delivery or adherence to an agreed delivery time becomes impossible due to circumstances for which Medsalus woolhome GmbH is not responsible, Medsalus woolhome GmbH is entitled to withdraw from the contract in whole or in part. Medsalus woolhome GmbH will inform the customer of this without delay. Claims for damages are excluded in this case. The customer will be informed of any existing delivery restrictions before the ordering process begins.
10. Due Date and Retention of Title
1. The purchase price is due at the latest upon delivery of the goods.
2. The delivered goods remain the property of Medsalus woolhome GmbH until full payment has been made.
11. Payment Terms
1. Medsalus woolhome GmbH accepts the following payment methods: advance payment, PayPal, credit card (Visa, Mastercard, American Express and Diners) and instant transfer.
2. When paying in advance, the customer transfers the invoice amount within 14 days after the conclusion of the contract to the account of Medsalus woolhome GmbH (bank details visible in the order confirmation and in the imprint). Shipping will only take place after receipt of payment.
3. If you pay by credit card, your credit card will be charged upon completion of the order. This happens immediately even if we do not have the goods in stock and can only ship them in a few days. Our cooperation partner for this is Stripe Payment Service.
4. Paypal - You pay the invoice amount via the online provider PayPal. You must be registered there or register first. After legitimizing yourself with your access data, you can confirm the payment order to us. You will receive further information during the ordering process. Information on data protection can be found here.
5. Instant transfer - The purchase price will be debited from your account when the order is completed.
6. The statutory default regulations apply. Reminder costs can be claimed from the second reminder.
12. Warranty
1. Unless otherwise specified, the general legal regulations apply.
2. The warranty is excluded for defects caused by the customer. This is particularly the case in the event of improper handling, incorrect operation or unauthorized repair attempts.
3. The shortened limitation period does not apply to damages resulting from a grossly negligent breach of duty by MedSalus woolhome GmbH or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of MedSalus woolhome GmbH. The shortened limitation period also does not apply to claims for damages due to negligent or intentional violations of essential contractual obligations. Essential contractual obligations are those duties whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer is entitled to regularly rely.
4. If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery person and contact us as quickly as possible. Failure to make a complaint or contact us has no consequences for consumers' statutory warranty claims and only serves to support the provider in asserting his claims against the company or insurance company commissioned to deliver the goods.
13. Disclaimer
1. The customer's claims for damages against Medsalus woolhome GmbH are excluded unless Medsalus woolhome GmbH or its vicarious agents or vicarious agents have acted intentionally or with gross negligence.
2. Liability for damages resulting from injury to life, body and health, due to negligent or intentional violation of essential contractual obligations or to the extent that liability is mandatory under the Product Liability Act or due to negligence when concluding the contract or due to other breaches of duty or tortious claims for compensation for property damage remains unaffected. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
14. Right of set-off, right of retention
1. The customer is not entitled to offset our claims unless the customer's counterclaims have been legally established or are undisputed. The customer is also entitled to set off against our claims if he asserts complaints about defects or counterclaims from the same purchase contract.
2. The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.
15. Data Protection
Data protection provisions are contained in the data protection declaration.
16. Changes to the General Terms and Conditions / Subject to Change
We are entitled to unilaterally change these General Terms and Conditions to the extent that this is necessary to eliminate subsequent equivalence problems or to adapt to changed legal or technical framework conditions. We will inform the customer of a change by notifying the content of the changed regulations to the customer's last known email address. The change will become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receiving notification of the change.
17. Severability Clause
If a provision of these General Terms and Conditions is invalid, the validity of the remaining provisions will not be affected.
18. Contract language
The language available for concluding the contract is German.
19. Contract Law
Austrian law applies to the contractual relationship.
English Version:
1. Scope of the General Terms and Conditions
The Terms and Conditions apply to all contracts that are concluded via the online shop www.medsalus-schafwolle.com between MedSalus woolhome GmbH and consumers, i.e. customers.
A consumer is any natural person who enters into a legal transaction for a purpose that is neither attributed to their commercial or independent professional activity.
2. Recognition of Conditions
The consumer acknowledges these terms and conditions, and agrees to the terms and conditions once an order is placed.
3. Protective Clause
The composition of the general terms and conditions or the terms of the consumer contract that deviates from the general terms and conditions will be rejected, unless otherwise explicitly stated by Medsalus woolhome GmbH.
4. Conclusion of the Contract
1. The presentation of Medsalus woolhome GmbH through the internet website www.medsalus-schafwolle.com
The product representation on the website does not constitute to an offer in the legal sense. It is an invitation presented to the consumer in order to make an offer. In the legal sense, the offer is made by the consumer when placing and order. The confirmation of the receipt of the order occurs together with the acceptance of the order immediately after issuing an automated email. The email confirmation concludes the purchase contract.
2. Order Process
The desired product (s) can be selected by the consumer and placed into the “shopping cart” at the click of a button. The selected products are temporarily stored in the “shopping cart” during the duration of the visit at www.medsaluswool.com. The order process is continued when the “Proceed to Checkout” button is clicked. On the next page, the consumer is requested to login using their account details, given the consumer has registered at the web shop. The consumer is then requested to enter the desired delivery address and payment method, entering the required data to process the transfer. When choosing external services as a payment method, such as Paypal, the consumer is redirected to an external website of the respective payment service provider. Before the order is submitted, the relevant order information is summarized in an “Order Overview”. The consumer is free to edit the details if required, before proceeding to click the “Place the Order” button. Once the order is submitted, the customer makes a binding offer with respect to the selected goods.
3. Order Confirmation
Once the order is placed, Medsalus woolhome GmbH sends an order confirmation email to the email address provided. The order confirmation notification confirms that the order was placed and displays the ordered contents. The order confirmation does not constitute to the acceptance of the customer’s offer by Medsalus woolhome GmbH. If MedSalus woolhome GmbH rejects the contract conclusion, the consumer will be notified via email.
5. Storage of Contract
The contract, i.e. the order information provided by the customer, is stored by Medsalus woolhome GmbH. An order confirmation notification containing the contents of the order placed, is forwarded separately to the email address provided by the customer.
6. Cancellation / Withdrawal
The ordered goods can be returned within 14 days without a stated reason. Detailed information regarding our Returns Policy can be found on our page.
Cancellation Policy
The following cancellation policy applies to contract for goods, that can be sent in a package by mail.
Withdrawal for Parcel Goods
As a consumer you have the right to withdraw from the contract within fifteen days, without stating a reason. The withdrawal period is calculated from the time the goods are taken in possession by you or a third party explicitly stated by you, who is not the carrier.
To exercise your right, you are required to inform us regarding the withdrawal from the contract, in form of a letter, email or fax to
Medsalus woolhome GmbH
Ankershofenstraße 33
9020 Klagenfurt am Wörthersee
AUSTRIA
E-mail office@medsaluswool.com
It is sufficient to inform us of the withdrawal from the contract 14 days before the expiration of the withdrawal period.
Effects of Withdrawal
When a withdrawal from contract is issued, all payments received will be reimbursed. The refund will be made within fourteen days of notification of cancellation that we receive from you. The same method of payment used in the original transaction is used again to make the refund, unless explicitly requested by you, in which case the additional fees will be carried by the customer. Reimbursement is withheld until the goods in question are received or earlier, when proof has been given that the good are underway.
The consumer has 14 days, after having informed us about the foreseen cancellation, to return the goods to our storage.
Medsalus woolhome GmbH
Ankershofenstraße 33
9020 Klagenfurt am Wörthersee
AUSTRIA
The deadline is met when the goods are sent a fortnight before expiration of the withdrawal period. The consumer bears the direct cost of returning the goods.
Contracts that contain goods, that are not pre-assembled and that require individual selection or provision made, clearly tailored to the personal needs of the customer cannot be revoked.
The right of withdrawal does not apply to the following contracts:
Contracts applying to shipping goods that are not pre-assembled, and have been tailor-made to the individual customer’s needs,
Contracts applying to shipping perishable goods or goods that have a short expiration period,
Contracts that apply to shipping goods that have been opened and can thus not be returned due to hygienic or health protection reasons,
Contracts applying to shipping goods are inseparable with other goods due to their composition,
Contracts applying to the shipping alcoholic beverages, whereby the price was contractually agreed upon and can only be shipped 30 days after the conclusion of the contract at the earliest, and their value fluctuates in the market, over which the trader has no influence,
Contracts that apply to the shipping of audio or video recordings, or computer software in a sealed package, whereby the seal has been removed after delivery,
Contracts that apply to the shipping of newspapers, periodicals or magazines with the exception of subscription contracts.
Click here to view the cancellation form template.
End of Cancellation Policy.
7. Prices
1. All prices are displayed as total prices, containing the prices for packaging, as well as value added tax.
2. Errors in price: When the price displayed is higher, the customer will be contacted. In such cases, the contract is only concluded if the customer agrees to purchase the good (s) at the actual price. When the price displayed is lower, the lower price is calculated.
8. Returns
1. In addition to the stated product price, delivery costs are calculated. Further details concerning delivery costs can be found on our website.
The applicable sales tax is included in the delivery costs.
2. Delivery fees are also calculated when choosing the Cash on Delivery option. This amount is to be handed to the courier at the time of delivery.
9. Terms of Delivery
1. Unless otherwise agreed, delivery will be made to the address specified by the customer.
2. The estimated date of dispatch is stated directly in the shopping cart. When using the cash in advance payment option, delivery time starts one day after the payment has reached the Medsalus woolhome GmbH bank account. When using the options cash on delivery or account, the delivery time starts one day after the order contract was concluded.
3. Damaged goods are to be reported to the courier company in the event that the goods were damaged due to transportation.
4. Medsalus woolhome GmbH bears no responsibility when delays occur due to manufacturer or supply obstacles. If the delivery of the goods within a specific period is hindered due to unforeseen circumstances, Medsalus woolhome GmbH is entitled to withdraw from the contract. The Medsalus woolhome GmbH will inform the customer immediately in this respect. Damage claims are excluded in this case. The customer will be informed before the start of the ordering process in regard to existing delivery restrictions.
10. Payment Date & Reservation of Property Rights
1. The sales price is due, for the latest, at time of delivery.
2. The delivered goods are the property of Medsalus woolhome GmbH until the payment thereof has been met.
11. Terms of Payment
1. Medsalus woolhome GmbH accepts the following payment methods: cash in advance, Paypal, credit card (Visa, Mastercard, American Express and Diners) and Sofort Instant Banking.
2. When using the cash in advance option, the customer is required to transfer the payment to the Medsalus woolhome GmbH bank account (the banking data is visible in the order confirmation email and on the website) within 14 days after concluding the purchasing contract. Dispatch of goods follows after the payment has reached the Medsalus woolhome GmbH bank account.
3. Credit card payments are charged at completion of the order. This occurs immediately, and is not dependent on the stock levels. If the items are not in stock, the order process will commence once all items are back in stock.
4. Paypal - The invoice amount is payable via the online provider Paypal. The customer must be registered on Paypal or create a Paypal account. Once registered, the invoice amount is transferred to our account. Further instructions are provided during the order process.
5. After having completed the third order successfully, orders may be made via invoice.
6. Sofort Instant Banking involves the payment being deducted from a bank account upon completion of the order.
7. Invoice amounts in arrears are claimed after the second pre-collection letter.
12. Guarantee
1. General regulations apply unless otherwise stated.
2. Guarantees exclude damages or defects caused by the consumer, particularly in cases of mishandling, misuse or unauthorized repair attempts.
3. In the case of the delivery of used goods, the guarantee claim expires after one year.
4. The status of limitation does not apply to claims for damages by the customer in terms of bodily injuries, health or otherwise.
Damages based on a grossly negligent breach by Medsalus woolhome GmbH or an intentional or negligent breach of duty by a legal representative or agent of Medsalus woolhome GmbH. The shortened period of limitation shall not apply to claims for damages due to the negligent or intentional breach of contract. Material contractual obligations are obligations that make the fulfillment of the contract possible, and that the customer can rely on.
5. If the items delivered have obvious material or manufacturing defects (including damages caused by shipping), we request these defects be communicated to us immediately.
6. Where a guarantee is valid, the customer must make the claim to the manufacturer directly.
13. Disclaimer
1. Claims for damages made by the consumer against Medsalus woolhome GmbH are excluded unless Medsalus woolhome GmbH or their agents have acted grossly negligent.
2. This does not affect the liability for damages resulting from injury to life, body or health, due to negligence, deliberate breach of contract or applicable according to the Product Liability Act, on contract or other breaches of duty or tort claims for property damage liability is mandatory. Material contractual obligations are obligations that make the fulfillment of the contract possible, and that the customer can rely on.
14. Right of Retention
1. The customer is not entitled to offset payment against our claims, unless the customer counter-claims are legally established or undisputed. The customer is entitled to offset against our claims if he files a complaint or counterclaim regarding the same purchase contract.
2. The customer may only exercise this right when the counter-claim is made in regards to the same purchase contract.
15. Data Protection
Provisions for data protection can be found in the Privacy Policy.
16. Terms & Conditions Modifications / Subject to Change
We are entitled to modify these terms and conditions unilaterally as needed in terms of fixing equivalence mandate, or to adapt to changing legal or technical conditions. The customer will be notified of amended content via their last known email address. The modifications made become an integral part of the contract, when the customer does not file a written objection within six weeks of notification sent via email.
17. Severability Clause
If any provision regarding these stipulated Terms and Conditions should be invalid, the validity of the remaining provisions shall not be affected.
18. Contractual Language
The language available at the time of completion of the contract is German.
19. Contract Law
Austrian law is applied to the contractual relationship.