Terms and Conditions
1. Scope
In the interest of a fair and transparent relationship with our customers, we base all orders in our online shop on these General Terms and Conditions of Delivery and Business (abbreviated to T&Cs). These T&Cs apply to every order agreed with us. The inclusion of third-party T&Cs or contractual conditions of a customer is excluded unless their validity has been expressly recognized in writing by Green Healthcare GmbH. The requirement for the written form can only be waived by mutual agreement by means of a written declaration.
A customer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
2. Contracting party
Green Healthcare GmbH, located at Leopold Ungar Platz 2, Spaces Square One, A- 1190 Vienna, Austria
is the customer’s contractual partner.
Email: office@green-healthcare.at
Company registration number: FN 525976 w
Commercial Register Court: Commercial Court of Vienna
VAT number: ATU75088502
3. Conclusion of contract
The product descriptions contained in the seller's online shop do not represent a binding offer on the part of the seller, but serve to make a binding offer by the customer. If the order is placed in our online shop, you can temporarily save the products you want, including details of the amount and number of pieces, in our shop system by clicking on the "Add to shopping cart" button. You have the option of viewing all of your temporarily saved products in a list by clicking on the "View shopping cart" button. The ordering process is continued by clicking on the "Continue to checkout" button. In the next step, select the billing address, shipping address and payment method and enter the data required to make the payment. If you choose external payment services such as PayPal or Sofort-Überweisung, you will be redirected to the external website of the respective payment service provider. You will now see the next step and please click "Submit order". Before the order is placed, the data relevant to the order is summarized in an "order details".
After receiving your order, we will immediately send you a message by email confirming that we have received your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your purchase offer, but only informs you that we have received your order. A purchase contract is only concluded when we send the ordered product to you and confirm the shipment to you with another email (shipping confirmation). If your order is sent in more than one package, it is possible that you will receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between you and Green Healthcare GmbH for each shipping confirmation for the products listed in the respective shipping confirmation.
4. Customer account
You have the option of creating a customer account in our online shop. You set your own login details (email address, password). After registering your customer account, you can access your order details under "My Account" in the online shop. The content of the contract concluded between you and Green Healthcare GmbH is then determined from the order confirmation sent by email and the declaration of acceptance or the email sent after the contract has been concluded.
5. Prices
The prices at the time of the order apply. All prices are end consumer prices and include VAT and are exclusive of shipping costs or free shipping if the order reaches the specified minimum order value, and any payment method fees.
6. Delivery
We take the greatest care and diligence when accepting and processing your orders. Unless otherwise agreed, delivery will be made to the delivery address provided by the customer. We would like to point out that all information in our online shop regarding availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. As a rule, delivery within Austria takes place in approx. 3 to 5 working days from receipt of the order. Deliveries and orders to Germany also take place within 3-5 working days from receipt of the order. Within Europe, deliveries are possible in approx. 7 to 14 working days.
Please note that we only sell all products in household quantities. This applies both to the number of products ordered in one order and to placing multiple orders for the same product, where the individual orders contain a household quantity. Once the goods have been handed over or delivered to the address provided by the customer, we have fulfilled our obligation under the purchase contract and, in case of doubt, the purchase price is due immediately.
If a delivery is not possible because the corresponding goods are not in stock or if a delivery is delayed for other reasons, we will inform you immediately upon becoming aware of this.
If delivery to the ordering customer is not possible because the customer cannot be found at the delivery address provided by him, although the delivery time was announced to the ordering customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.
7. Shipping costs
We charge shipping costs
| in Austria | €4.30 |
| to Germany | €9.90 |
For orders over 29€, your order will be delivered free of charge within Austria and for orders over 59€, your order will be delivered free of charge to Germany.
If the purchase price has been paid and the customer is an end consumer, Green Healthcare GmbH bears the shipping risk until the goods are delivered to the end consumer or a third party designated by the end consumer.
8. Right of withdrawal for customers
As a customer, you have the right to cancel your order within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party designated by you, who is not the person responsible for the transport, takes possession of the goods. To meet the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Attention: The right of withdrawal for customers does not apply to the following orders:
- Medical devices and goods that are delivered sealed and are not suitable for return for reasons of health protection, the Medical Devices Act or for hygiene reasons, in particular all opened blister packs as well as sachets and scented stick bags, provided that the packaging of these items has been opened or broken.
To exercise your right of withdrawal, you must inform us in writing of your decision to withdraw from this contract. Please send your clearly worded withdrawal to:
Green Healthcare GmbH
Leopold Ungar 2nd Place
Square one Spaces
A-1190 Vienna
Austria
Email: office@green-healthcare.at
9. Consequences of revocation
If you cancel this contract as a consumer, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this repayment. We may refuse to repay until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than ten days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the ten-day period. You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. In addition, you can avoid the obligation to pay compensation by not using the item as an owner and refraining from doing anything which could impair its value.
10. Complaints
If goods are delivered with obvious damage to the packaging or contents, we ask the customer to open the package in the presence of the carrier so that a damage report can be made on site (transport insurance). In addition, we, Green Healthcare GmbH, should be contacted immediately.
The statutory deadlines apply to the assertion of warranty claims.
11. Returns
In the event of an effective cancellation or complaint, you must return the goods immediately, in any case within fourteen days from the day on which the return was notified, with the return slip and in the original packaging, to the following address:
Green Healthcare GmbH
Leopold Ungar 2nd Place
Square one Spaces
A-1190 Vienna
Austria
The deadline is met if you send the goods before the expiry of the fourteen-day period. Please note that you must have the return confirmed by the supplier and keep this confirmation safe until the goods have been credited to your customer account.
The customer shall bear the direct costs of returning the goods, particularly goods that can normally be returned by post.
12. Terms of payment
When ordering via our online shop, we accept payment in advance, by direct bank transfer, credit card or PayPal. When paying by credit card, the goods are dispatched after the transaction has been completed. When paying in advance, the transaction must be completed within one week, otherwise the ordered goods will not be reserved. If payment by invoice has been agreed with you, you must make the payment immediately upon receipt of the goods, at the latest within 14 days. Offsetting against counterclaims of the customer and any right of retention are excluded.
If customers default on payment for any reason, the statutory default interest applicable to consumers applies. If customers default on payment of even just one partial invoice, the entire purchase price is due immediately and Green Healthcare GmbH is not obligated to provide any further services to the customer until the outstanding amount has been paid. If payment is delayed, Green Healthcare GmbH is entitled to withdraw from individual or all contracts concluded with the customer.
In the event of default in payment by Green Healthcare GmbH, the customer undertakes to reimburse all reminder and collection costs incurred as a result and necessary for legal action.
13. Retention of title
The delivered goods remain our property until all claims against the customer arising from the purchase contract have been settled in full.
14. Copyright
The customer acknowledges that the products we sell are protected by trademark and copyright. Samples, information brochures, flyers, illustrations and the like always remain our intellectual property; the customer does not receive any rights of use or exploitation whatsoever.
15. Warranty
We guarantee that the products have the agreed quality and are free from material defects at the time of delivery. The products are suitable for the applications specified in the product information and instructions for use and have the quality that is usual for medical products and products of the same type. Apart from those cases in which the right to conversion is granted by law, we reserve the right to fulfill the warranty claim at our discretion by improvement, exchange or price reduction. This does not apply to consumer transactions. If the transaction is not a consumer transaction, the customer must always prove that the defect was already present at the time of delivery. The products must therefore be inspected immediately after delivery. Any defects discovered must also be reported to the seller immediately, but no later than eight days after delivery, stating the type and extent of the defect. Hidden defects must be reported immediately after they are discovered. If a complaint is not made or is not made in a timely manner, the goods are deemed to have been approved. The assertion of warranty or compensation claims, including consequential damages, as well as the right to challenge errors due to defects, are excluded in these cases.
16. Damages, product liability
Claims for damages in cases of slight negligence are excluded. This does not apply to personal injuries or damage to items taken in for processing, unless the latter was negotiated in detail. Any recourse claims made against us by contractual partners or third parties on the grounds of "product liability" within the meaning of the Product Liability Act are excluded unless the party entitled to recourse proves that the error was caused in our sphere of influence and was at least due to gross negligence.
17. Limitations of Liability
Green Healthcare GmbH is only liable for damages caused intentionally or by gross negligence in connection with the use of the online shop or by the customer from legal transactions concluded with us. This does not apply to personal injuries, product liability claims or consumer transactions. This also applies to indirect consequential damages, such as lost profits in particular. The customer must prove the existence of slight or gross negligence, unless it is a consumer transaction.
18. Applicable law
The laws of the Republic of Austria apply to all legal relationships between Green Healthcare GmbH and the customer.
19. Place of jurisdiction
Vienna
20. Contract language
It is expressly agreed that German will be the language of the contract and negotiations.
21. Data protection
Green Healthcare GmbH uses the personal data you provide (name, address, email address, telephone number, account details and other contact details) in accordance with the applicable provisions of Austrian data protection law.
22. Online dispute resolution
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 sales or service contracts involving an end consumer.
Green Healthcare GmbH is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.