TERMS OF SALE
The website www.neuners.com (the "Website ") is a website for the sale of herbal teas, infusions, food supplements, cure packages and beauty products for body care, for the exclusive brand Neuner’s (hereinafter “Products”).
1.1. These General Conditions of Sale (hereinafter “General Terms”) have the purpose of regulating the purchase of products made remotely, through the web, from the Website.
1.2. The owner of the Website is Neuner’s Gesundheit & Wellness GmbH (hereinafter “Neuner’s”) with registered office in A-6322 Kirchbichl, Hans-Neuner-Straße 1, VAT number ATU57252289, phone +43 5332 72544, fax +43 5332 72544 17, email email@example.com
1.3. Latest update: 01.02.2021
2. Acceptance of the General Terms of Sale
2.1. All purchases of products carried out through the Website (hereinafter "Purchase Agreements") by users who access the Website (hereinafter "Clients") are governed by these General Terms and by consumer law, also regarding e-commerce.
2.2. At the execution of the Purchase Agreement the Client agrees and undertakes to comply with these General Terms.
2.3. Prior to carrying out any purchase, the Client is therefore required to carefully read these General Terms, which can be printed and saved.
2.4. Neuner’s may amend the contents of these General Terms at any time and without prior notice. The General Terms published on the Website at the time a purchase is made by a Client will apply to each individual Purchase Agreement.
3.1. All the Products on sale are illustrated in detail on the Website, in their respective sections, which are classified by Product category.
3.2. The visual display of Products on the Website, where available, has an approximate value only, and it is usually in the form of a photo image of the packaging of Products themselves, with the sole purpose to present them for sale, without any guarantee or commitment by Neuner’s regarding the exact match of the image depicted on the Website with the actual Product.
3.3. In case of a difference between the image and the written product specifications, the latter will always prevail.
4. Purchasing procedure
4.1. The Client may purchase the Products in Neuner’s e-catalogue, which are illustrated in detail on the Website in the corresponding product category sections, as described in the relative product specifications posted on the Website, by complying with the explained procedures.
4.2. In order to purchase the Products, the Client must register on the Website, providing his data according to the procedure. He must fill out and send to Neuner’s the electronic order form available on the Website, following the instructions provided on said form. The form must be fully filled out in all parts.
4.3. The Client will first have to add the selected Products to the “Shopping Cart” and, after choosing the courier and seeing and accepting the amount of the delivery charges, the Client will be able to proceed with placing their order.
4.4. Should the Client need to change their proposed order or certain data contained in it, they will have to follow the special procedure explained on the Website. Specifically, the Client will be entitled to change the quantity of the Products being purchased, adding or eliminating one or more Products from the Shopping Cart.
4.5. Once said operation is finished, the Client will see a screen appear containing a summary of their proposed order, inclusive of the shipping charges, and will be able to confirm the order.
4.6. Following the e-cap of the order, Clients will choose the payment methods and send the order by clicking on the confirm button.
5. Contract conclusion
5.1. The publication of Products on the Website constitutes an invitation to the Client to make an offer of purchase. An order sent by a Client has contractual value and implies complete awareness and acceptance of these General Terms.
5.2. Each Purchase Agreement stipulated between Neuner’s and the Client shall be executed with the sending of the confirmation of the Client's order by Neuner’s to the e-mail address of the Client. This confirmation message will indicate an "Order Number," to be used in all subsequent communications with Neuner’s. The message will reiterate, in addition to the information required by law, all the data entered by the Client, who agrees to verify its accuracy and immediately give notice of any corrections. Any extra costs incurred due to incorrect information which was not promptly reported will be the Client's exclusive responsibility.
5.3. Neuner’s shall be free to accept or refuse any order sent by a Client at its own discretion, without the Client being able to lay claims or rights of any sort, in any capacity, even compensatory, in the event of non-acceptance of the order by Neuner’s.
5.4. In particular, Neuner’s reserves itself the right to not accept orders and cancel orders that do not give adequate assurance of solvency or if – even after checking with the network that manages credit card payments – anomalies are found in the transactions and in the payment methods used by the Client.
5.5. The Client may verify at any time the content of their concluded Purchase Agreements by accessing their Reserved Area on the Website, assuming they placed the orders while logged into their account, or by contacting Neuner’s Customer Service.
6. Product Pricing and availability
6.1. All Product prices are clearly indicated on the Website and include VAT. Shipping expenses are displayed at the time of the order. The cost for each shipment may vary, depending on the shipping and payment methods as well as on the final destination and total order amount.
6.2. Occasionally, some Products offered may be unavailable. In that case, if the products chosen by the customer are, totally or partially, not available, the order will be sent with the products available after sending notice to the Client customer about the products not available. Any information concerning the availability of products on the Website are approximate.
7. Invoicing and Payment terms
7.1. Neuner’s shall issue an invoice for the purchased Products the moment said Products are turned over to the courier for shipping, sending it to the Client by e-mail. When issuing the invoice, Neuner’s relies on the information provided by the Client. Once the invoice is issued it will not be possible to make any changes to this information.
7.2. As described in more detail in the relevant sections, payments with Credit Card exclusively require an authorization, in other words booking the money with no actual charge when the Customer enters the orders. Payment is actually charged to the Customer only when the Products are turned over to the courier in charge of the shipment. At this point, Neuner’s also issues the invoice relating to the order.
7.3. We offer the following payment methods:
7.3.1. Credit card or debit card
When you place the order, you can pay with a valid credit or debit card (Mastercard and VISA) and enter the credit card information at your checkout. We reserve the right to check the validity of the credit or debit card, the available credit line in relation to the order value and the address details of the buyer. We can also reject orders based on the results of this check.
7.3.2. Sofort Banking
You pay securely by Sofort Banking with your usual online banking. You enter your online banking data as usual directly via the secure payment form of Sofort Banking. We can neither access the data you have entered nor your account. For more information visit www.klarna.com
If you use the PayPal payment method, the corresponding amount will be debited from your PayPal account. We reserve the right to check the validity of the PayPal account, the credit to cover the order value and the billing address of the buyer. We can also reject orders based on the results of this check.
7.3.4. Klarna invoice
The Klarna invoice service is provided by Klarna. If you choose this payment method, you will receive a message from Klarna stating how and when you can pay. For more information and questions about payment, please visit www.klarna.com or contact the Klarna customer service.
7.4. We reserve the right to assign or pledge all payment claims arising in connection with the delivery of goods, including all payment installments, to third parties.
7.5. In case of a delay of payment, Neuner’s preserves it’s right to charge € 9,00 for dunning letters.
8. Shipping Methods and Charges
8.1. Neuner’s agrees to deliver the Products without undue delay and in any case within 30 days from the execution of the Purchase Agreement. Products are delivered by way of courier, and delivery times vary depending on the place of destination. In any event, the delivery dates indicated at the time the order is placed are approximate.
8.2. Neuner’s ships to all countries indicated on the Website, and delivery is made without an appointment.
8.3. Neuner’s will not be liable in any way towards the Client for any delays in fulfilling the order or in delivering the Products listed in the Purchase Agreement.
8.4. The ordered Products will be sent to the mailing address specified by the Client. Once Neuner’s has turned over the products to the courier, the Client will receive an e-mail confirming the shipment.
8.5. Deliveries are made from Monday to Friday, during normal business hours, except on national holidays, according to the terms and conditions set forth by the courier chosen by the Client. The delivery is deemed to have been completed when the Products are made available to the Client at the address specified on the order form. If the Products cannot be delivered due to absence of the recipient at the specified address, the courier will attempt to contact the Client by email to reschedule delivery according to its usual practice.
In case it is not possible to complete the new delivery due to absence of the recipient, the Customer Service will try to get in touch with the Client. If no contact will be possible within 10 days or in the event of a further failure to deliver due to absence of the recipient, the Products will be returned to Neuner’s. Once 30 (thirty) days have elapsed from the date the Products listed in an order were returned to Neuner’s because it was not possible to complete the delivery, the Purchase Agreement will be terminated and the order cancelled. Neuner’s will then proceed to refund the amount paid by the Client, net of the costs incurred to delivery and return of the Products and expenses for their storage at the facilities of the courier in charge of their delivery.
8.6. Termination of the Purchase Agreement and the amount of the refund will be notified via e-mail. The refund amount will be credited on the payment method used by the Client for the purchase. In the event that, before the 30-day period elapses, the Client once again requests to receive the purchased Products, Neuner’s will proceed with the new delivery after debiting the charges for this new delivery as well as the costs for returning the Products to Neuner’s and the storage fees.
8.7. At the time of delivery of the Products by the courier hired by Neuner’s, the Client is required to carefully check that the tamper-proof label is intact and the packaging has not been damaged or otherwise altered and that the number of delivered pieces matches the amount indicated in the shipping document.
8.8. The Client must immediately report any damage to the tamper-proof label, to the packaging or to the Products or if the number of units/packages or indications do not match, by contacting Neuner’s Customer Service, indicating the order for which these problems occurred.
8.9. Events outside the reasonable control of the parties, including but not limited to unavailability of means of transportation and unforeseen or unavoidable events that result in a delay in deliveries or make deliveries difficult or impossible or cause significant increases in Neuner’s delivery expenses, will give the latter the right to split up, resend or cancel the order, in full or in part, or to cancel the Purchase Agreement. In these cases, Neuner’s will immediately inform the Client of its decision by sending an e-mail to the address provided by Client, with the Client only being entitled to a refund of any sums already paid, excluding any other claims against Neuner’s for any reason.
9. Discount coupons – Promotions
9.1. Any discount coupons or promotional codes may be entered when the Client fills out the order form. The system will automatically change the total order amount, deducting any discounts or allowances.
9.2. Coupons can be used together with other commercial initiatives only where the possibility to do so is explicitly indicated.
10. Right to withdraw and its effects
10.1. The Client has the right to terminate the Purchase Agreement, at its discretion and without cause, within 14 days (“withdrawal period”).
10.2. The withdrawal period expires (I) 14 days after the Client or a third party, different form the courier, enter in possession of the Products or (II) in case of a Purchase Agreement relating to multiple Products ordered in a single order and delivered separately, 14 days after the Client or a third party, different from the courier, enter into possession of the last item
10.3. To exercise the right of withdrawal, the Client must inform Neuner’s (Neuner’s Gesundheit & Wellness GmbH, A-6322 Kirchbichl, Hans-Neuner-Straße 1, phone +43 5332 72544, fax +43 5332 72544 17, email firstname.lastname@example.org) of their decision to terminate the Purchase Agreement by a clear statement (e.i. a letter sent by post, fax, or e-mail). The Client may use the model cancellation form but this is not obligatory:
Herewith I withdraw the contract over the purchase of
the following goods (*)
Ordered on the / arrived on the (date)
Name of the purchaser
Address of the purchaser
Signature of the purchaser, date, place
10.4. In order to take advantage of the withdrawal period, the Client must send the notice of withdrawal before the expiration of the withdrawal period.
10.5. If the Client terminates the Purchase Agreement, all the payments made in favor of Neuner’s will be refunded, excluding costs of delivery or additional costs arising from the choice by the Client of a type of delivery, without undue delay and in any case not later than 14 days from the date on which Neuner’s was informed of the Client's decision to terminate the Purchase Agreement. Refunds will be made using the same method of payment used by the Client for the purchase of the Products, unless it is expressly agreed otherwise. In any case, the Client will not bear any cost. Refunds can be suspended until receipt of the goods or until the demonstration by the consumer of having sent back the goods, whichever comes first.
10.6. The Client must send back the Products or deliver to Neuner’s at Neuner’s Gesundheit & Wellness GmbH, A-6322 Kirchbichl, Hans-Neuner-Straße 1 without undue delay and in any case within 14 days from the day of the exercise of the right to withdrawal. The deadline is respected if the Client sent back the Products before the expiration of the period of 14 days. Direct costs of returning the Products will be paid by the Client. Products that are returned should only have been handled to the extent necessary to establish the nature, characteristics and functioning of the Products.
10.7. In any case, the Client cannot exercise the right to withdrawal in the case of goods sealed for reasons of hygiene or related to health protection that have been unsealed after delivery.
11. Product non-compliance and defective products
11.1. Products offered on the Website comply with national and EU legislation currently in force.
The images and colors of the Products published on the Website may differ from the real ones due to local configuration of systems and / or of the tools used for their visualization.
11.2. In the event that the purchased Products do not match the description published on the Website or in case of a defective or broken Product, the Client is entitled to a refund for the defective item. Clients seeking a refund should contact Customer Service, also attaching pictures which show the damage or non-compliance of the Product.
11.3. A communication from Neuner’s staff will follow, indicating the refund methods available, which the Client can select from at their discretion, also though discount coupons on next purchases, excluding any further liability of Neuner, for whatever reason.
11.4. Without prejudice to specific provisions relating to legal guarantee, provided by applicable law.
12. Processing of Personal Data
13. Communications and claims
All communications or claims from Clients to Neuner’s relating to Purchase Agreements must be communicated using the specific instruments available on the Website.
Particularly the client can be contact Customer Service using the following details:
Neuner’s Gesundheit & Wellness GmbH
phone +43 5332 72544
fax +43 5332 72544 17
14. Intellectual Property Rights
All trademarks (registered or not) as well as any intellectual property, distinguishing marks or name, image, photograph, written text or graphics and more generally, any other intangible assets protected by international laws and conventions on intellectual property and industrial property rights reproduced on the Website will remain the exclusive property of Neuner’s and/or its assignors, and accessing the Website and/or concluding Purchase Agreements does not afford the Client any rights thereupon. Any use thereof, including only in part, is prohibited without Neuner’s prior written authorization. Neuner’s exclusively reserves itself all relevant rights.
15. Applicable law and Place of jurisdiction
These General Terms as well as any other contract entered into with the Client are governed by Austrian law, without prejudice for the Community and international legislation, where applicable, and for national legislation on the protection of consumers.