Terms & conditions
I. Scope of application
The following terms & conditions, in the version in effect at the time of ordering, apply exclusively for online orders in our webshop on www.algaevit.com and the resultant business relationship between the customer and Algaevit GmbH, hereinafter “Algaevit”. Diverging, contrary, or supplementary terms & conditions, even if they are known, are not part of the contract unless they have been expressly agreed in writing. These terms & conditions constitute the framework for all other legal transactions conducted between the contracting parties. Click on the “Download Terms & Conditions as PDF” link to download, store, reproduce and print this text on a computer.
Customers are both consumers according to the terms of the Austrian Consumer Protection Law (KSchG) as well as entrepreneurs. Entrepreneurs are natural or legal persons or legal partnerships for whom this contract is part of their business operations. “Business” shall mean any organisation, which is intended to be permanent, for the purposes of independent commercial activity, even though it may be a non-profit enterprise.
If you have queries or complaints, please contact:
Information hotline: +43 1 585 61 99
Fax: +43 1 585 61 99 14
Our webshop is operated by the company listed under Legal in the footer on our website. Key features of the goods and services sold: Trading company; manufacture and sale of food stuffs and natural stimulants (especially nutritional supplements); information about these products and promoting sales of these products.
II. Concluding a contract
Our offers are subject to change and non-binding. We reserve the right to make technical and other changes within reasonable bounds.
Placing your order on www.algaevit.com constitutes an offer to Algaevit to enter into a sales contract. An order is placed by clicking on the “Purchase” button and ticking the box marked “I accept the terms & conditions”. By submitting your order, you accept that your legal relationship with Algaevit will be exclusively governed by these terms & conditions. Algaevit stores the text of the contract and sends you an email confirming your order. You can log in to view and change your orders and personal data at any time.
The sales contract only enters into force once Algaevit has accepted your offer to buy, creating a right to delivery of the goods. The automated confirmation of order receipt sent by Algaevit does not constitute an acceptance of your offer to buy. Instead, the acceptance of the offer enters into force with the confirmation of shipping which is sent to the email address you have provided. Invoicing is in euros (EUR), or in Swiss Francs (CHF) for customers in Switzerland.
Sales are made only in normal household quantities, and only to adults, i.e., persons over the age of 18. You confirm that the age you have provided is correct. There is no limit on purchasing quantities for B2B customers.
You may not disclose the password needed to place an order to third parties. Should you disclose this password, you will be responsible for any orders made by third parties. You are responsible for any orders made using your password as well as any resulting claims.
The online shop, contractual content, all other information, customer service, data information and complaints management will only be provided in German.
Once they leave the Algaevit network, any errors in transmission resulting in a loss or change in data during downloading and distribution via the Internet are your responsibility.
For consumer business: Unless otherwise expressly indicated, all given prices include statutory value added tax. The total order value shown in the shopping basket includes the gross product price and gross shipping costs. For business purchases, unless otherwise expressly indicated, all stated prices are exclusive of value added tax.
IV. Payment conditions, late payment
Registered and unregistered customers from Austria, Germany, Switzerland and Italy are offered the simple options of payment via Paypal or credit card. The invoice will be included with the delivery. Payment via SEPA direct debit must be agreed with Algaevit in advance. Non-registered customers ordering from countries within and outside the EU (excepting the countries listed above) may only pay via Paypal. Customer payments are only deemed has having been made once payment is booked to our business account. The amount invoiced is due immediately after an order is submitted. The goods remain the property of Algaevit until paid in full.
We are entitled to charge interest for late payment at the statutory rate, and to demand reimbursement for necessary and appropriate collection and reminder charges (applied to entrepreneurs although not exclusively EUR 40). Our company is also entitled to charge compound interest for late payment calculated from the day on which the goods are handed over to the customer. Without prejudice to other regulations, in the case of late payment Algaevit is entitled to set a grace period for concurrently cancelling the contract, in accordance with Art. 918(1) of the Austrian Civil Code (ABGB). With respect to other options for cancelling the contact, please refer to the statutory regulations.
V. Right of cancellation for consumers
Consumers have 14 days within which to cancel their order without the need to give reasons. The 14 period begins from the day on which the consumer receives the goods, or they are received by a third party, specified by the consumer, who is not a freight carrier. If the consumer has placed an order for several goods and these goods are delivered separately, then the 14 period begins the on the day the consumer receives the last item in the order. The cancellation of the order will be deemed to be timely when the notice of cancellation has been sent within the 14-day period.
In order to exercise your right to cancel, you must inform Algaevit of your decision to cancel this contract.
The notice of cancellation/cancellation should be addressed to:
Information hotline: +43 1 5856199
Fax: +43 1 585 61 99 14
Cancellation may take any form (e.g., letter, telephone, fax or email).
In the event of valid cancellation, we will reimburse the payment you have made (excluding the return delivery costs) within 14 days from the day on which we receive notice that you are cancelling this contract. You are responsible for the direct costs of returning the goods to us. We are entitled to refuse reimbursement until we have received (and checked) the returned goods, or until you have provided evidence that you have returned the goods, whichever comes first. You will be reimbursed via your original payment method, unless expressly agreed otherwise. We will not charge any reimbursement fees. You are only obliged to compensate for any loss of value of the goods when an examination of the condition, properties, and functions of the goods shows that the loss in value is the result of your handling of the goods.
There is no right of cancellation for deliveries of
quickly perishable goods, or sealed goods which, for reasons of health protection or hygiene, are not suitable for returning once the seal has been removed (e.g., opened preparations)
VI. Delivery, transport, default of acceptance
The gross delivery costs are included in the total cost as shown in the shopping basket, and are calculated as follows:
EUR 3.90 within the EU (free delivery on orders worth EUR 35 and above)
Other regions: depending upon delivery address
Where the customer has not accepted delivery of the goods (default of acceptance), they remain obliged to pay for the goods and the risk of loss is transferred to the customer. In this case, Algaevit also has a claim to compensation for the costs resulting from default of acceptance.
The standard delivery period is 3-5 working days (Monday to Friday, excepting holidays). Every effort is made to adhere to delivery periods and dates. Unless otherwise expressly agreed as binding, these delivery times are non-binding and are always expected dates of delivery.
VII. Minor modifications
Modifications to or deviations from the agreed product are acceptable where these are minor and objectively justified. This is particularly the case for deviations determined by the product itself (e.g., dimensions, colours, structure, etc.)
VIII. Compensation, product liability, warranty
Compensation due because of a breach of duty in the contractual relationship must be paid in accordance with the statutory requirements. Claims for compensation are barred by statute unless registered with the competent court within 3 years of noticing the damage and of the at-fault party. The same applies to claims relating to product liability law. All instructions printed on the packaging and accompanying documentation must be observed. No liability will be accepted for any use and/or handling which deviates from these instructions. Where the customer is an entrepreneur – except in the case of damage to persons – we are not liable for ordinary negligence or loss of profit. Claims for damages as laid down in Art. 12 of the Product Liability Act (ProdHaftG) are excluded unless the claimant proves that the fault can be blamed on gross negligence on our side.
Applicable only for entrepreneurs: Algaevit accepts no liability for indirect damages, loss of profit, loss of interest, missed savings, consequential and pecuniary damages, and damages resulting from third-party claims.
You have a legal right to a warranty, in accordance with Art. 923(ff) of the General Civil Code (ABGB). The warranty is valid for 24 months for consumers, 12 months for entrepreneurs, from the acceptance of the goods, and for services from completion of the service. Where an exchange or upgrade are not appropriate (not possible, costs are too great, unreasonable, outside warranty period), then you have a right to a price reduction and/or where the defect is significant, to annulment of the contract (revocation). Warranty rights do not apply for minor modifications in accordance with point VII.
Applicable only for entrepreneurs: Entrepreneurs must examine the delivered goods for faults within a suitable time period and notify us in writing of these faults within a week from receipt of the goods; failure to do so removes the right to any claims, especially claims related to warranty, compensation for damages, or errors. We must be notified in writing of latent defects within a period of one week from discovery. Prompt dispatch will suffice to meet this time limit. The entrepreneur bears the full burden of proof in relation to all preconditions for making a claim, particularly for the defect itself, for the time of discovery of the defect, and for the timeliness of the claim.
We will bear the costs of returning goods which are deemed defective. In this case, please contact our customer service via email at email@example.com, or by calling +43 585 61 99
IX. Assignment of claims
In the case of resale of the goods, the customer assigns their claims against third parties to us until final payment of our claims has been made. When requested, the customer is obliged to name their buyers and to provide the buyers with timely notification of the assignment. The assignment must be entered into the accounts, particularly into the list of outstanding items, and made clearly evident to the buyer on delivery notes, and invoices, etc. Where the customer is in arrears with their payments to us, then their incoming sales revenues must be separated and the customer shall only hold these on our behalf. Any claims against an insurer shall have already been assigned to us under of Art. 5 of the Insurance Contract Act (VersVG). Claims against us may not be assigned without our express consent.
The customer only has a right to withhold payment for those defects which we have expressly recognised, or which have been established in a court of law, but only to a reasonable share of the gross invoice amount. Furthermore, offsetting and withholding are excluded in principle.
XI. Governing law, place of jurisdiction
Austrian law applies. The UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contractual language is German. Suits against consumers protected by the Consumer Protection Law (KSchG) and the European Convention on Jurisdiction and the Enforcement of Judgements (defendant domiciled in an EU Member State) or the Lugano Convention (defendant domiciled in CH, NO, IS) must be filed where the consumer is domiciled or their usual place of residence. In business correspondence with entrepreneurs, it is agreed that decisions on all disputes arising from a contract, including whether they are valid or invalid, are exclusively subject to the international jurisdiction of the Austrian courts and the local jurisdiction of courts of the City of Vienna.
All changes or amendments to a contract must be made in written form. This shall also apply to any amendment of the requirement of written form itself.
Where a provision in these terms & conditions is, or becomes, invalid, this has no impact on the validity of the remaining provisions. The invalid provision will be replaced by one which most closely reflects the commercial intentions of the original provision.
XII. Data protection, change of address and copyright
The customer gives their consent for us to automatically store and process the personal data included in the sales contract in order to fulfil this contract. The customer is obliged to inform us of changes to their private or business address for as long as the legal transaction which is the subject of this contract has not been completed by both parties. Where the customer fails to provide such notification, declarations are deemed as having been received when sent to the last address provided by the customer. All logos, samples, catalogues, brochures, illustrations and the like remain our intellectual property; unless specifically agreed, the customer is not issued with any form of utilisation or exploitation rights.