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AGB

Beavit GmbH (hereinafter referred to as "Beavit").

Stubenring 2, 1010 Vienna

FN 398796s

for services of Beavit which are provided or are intended to be provided to consumers (Konsumenten) within the meaning of the Austrian Consumer Protection Act (KSchG).

 

1. general:

Beavit offers drugstore and cosmetic products, dietary supplements and over-the-counter medicines for sale via its Internet presence (hereinafter: online store) in the name of Urania Apotheke. Pharmaceutical products authorized for sale in Germany can also be ordered there at the customer's request if the order is placed with a German billing and delivery address. The offered goods are sold by Beavit in the name and on behalf of Urania Apotheke, Stubenring 2, 1010 Vienna, but on its own account. Any claims of any kind in connection with the offered goods can therefore only be directed to this partner pharmacy, although Beavit acts as a service point and will forward any concerns/complaints to the partner pharmacy without delay. The same applies to product-related questions, for which the partner pharmacy is the direct contact. Beavit is the contact for all administrative questions such as in particular shipping/delivery, payment modalities. The displayed product photos are to be understood as sample photos and may differ from the goods to be shipped. The ingredient details of the products are subject to change and may vary depending on the batch. If applicable, different product versions may be in circulation. The ingredient listing on the product's overpack/package insert is binding.

If an order includes alcoholic beverages, the customer confirms by sending this order that he has reached the minimum age required by law for the purchase. The customer undertakes to ensure that only he himself or an adult person authorized by him receives the goods.

 

2. order process:

By ordering goods in the Online Shop, the Customer submits an offer to Beavit to conclude a purchase contract for the goods previously selected by the Customer. In order for Beavit to accept the offer, Beavit must have all necessary information from the Customer. The Customer must provide this information when placing the order. These are the first name and surname, a deliverable address in Austria, a valid e-mail address as well as a valid telephone number under which the customer can be reached for any telephone queries from 9 a.m. to 5 p.m. on weekdays. The actual ordering process is divided into two parts: In order to check his order, the customer is first shown it again in detail, in particular with the amounts to be paid by him, again clearly. Only after the Customer has confirmed the contents of the order again by mouse click, the order (the offer) is then transmitted to Beavit. The Customer will then receive an order confirmation. The offer is accepted by Beavit by sending a separate order confirmation. Beavit endeavors to deliver ordered goods without delay. Should the rare case occur that a product is not in stock (this can occur due to simultaneity of several purchases), the Customer will be informed about this and the specific delivery time will be given. In this case he has the possibility to withdraw from the purchase of these goods. If the Customer nevertheless wishes to receive the ordered goods, he shall inform Beavit thereof. The Customer shall notify Beavit of both declarations within 1 working day.

 

3. purchase price:

The purchase price of the respective goods is not determined by Beavit, but by the partner pharmacy, Urania Apotheke, Stubenring 2, 1010 Vienna. Beavit has no influence on this. The total purchase price thus includes the purchase price of the respective goods, all possible duties, taxes, the commission of Beavit, as well as the transaction costs of the payment transaction and also the costs of delivery/delivery of the goods. This purchase price is, as stated above, visible during the ordering process as an individual purchase price per product and also as a gross total amount and is to be paid by the Customer to Beavit, which is also commissioned and authorized by the Partner Pharmacy to collect the purchase prices.

 

4. payment:

a) In the course of the ordering process, the customer must select the method of payment for the settlement of the purchase price, whereby he can choose to pay by credit card, Eps, Paypal, Paybox, prepayment or purchase on account. Payment must be made immediately upon completion of the order. A legally effective order requires a completed payment process on the part of the customer. Only when the order has been completed and the payment process has also been carried out by the customer, the customer will receive the order confirmation by e-mail.

b) If the name of the customer and the name of the credit card holder differ, Beavit reserves the right to reject the contract offer within 7 days after sending the order. In any case, the customer is obliged to pay the entire purchase price, without prejudice to any further claims for damages, should the payment be made by this third person in an abusive or non-debt discharging manner.


Purchase on account

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:

Invoice: the payment period is [14] days from the date of dispatch of the goods/ticket/ or, for other services, the provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here: Austria.

The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's Privacy Policy.

 

5. delivery terms:

Valid for deliveries within Austria:

Purchased goods will be delivered by the partner pharmacy, Urania Apotheke, Stubenring 2, 1010 Vienna, as the delivery agent to that address which the customer has specified as the delivery/delivery address in the order. The delivery/delivery of the ordered goods is carried out by professional delivery services, such as DPD or the GO messenger service. During the ordering process, the customer selects the delivery service he wishes to use and the delivery method offered by this delivery service. DPD offers the delivery methods "Primetime - Express" (on working days) or "Standard shipping", the latter delivers within 1-3 working days. "GO-Botendienst" offers "Velo-Express", which provides delivery within 5 hours on working days. By selecting the desired service provider and the delivery method offered by the latter during the order process by mouse click, the customer is informed about the costs to be paid during the order process; these are then also shown separately in the order confirmation or order confirmation or delivery note/invoice. From a total order value of gross € 39.90 (calculated from the net purchase price, any duties, taxes, the commission of Beavit as well as the transaction costs of payment transactions, but not in case of payment via "Billpay") the delivery is free of shipping costs, thus at the expense of Beavit. For orders below € 39,90 gross, shipping costs of € 4,50 gross (including € 3,75 of 20% VAT) will be charged in addition to the total purchase price.

 

Valid for delivery to Germany:

Purchased goods will be delivered by the partner pharmacy, Urania Apotheke, Stubenring 2, 1010 Vienna, as the delivery agent to that address which the customer has specified as the delivery/delivery address in the order. The delivery/delivery of the ordered goods is carried out by the professional delivery service DPD. By entering a German delivery address in the address field, the customer is informed in the next step about the shipping costs in the amount of € 9.80 (incl. 20% VAT); these are then also shown separately in the order confirmation or order confirmation or delivery bill / invoice.

6. cancellation policy

6.1 Right of withdrawal and withdrawal period:

6.1.1 The consumer within the meaning of Section 1 of the Consumer Protection Act (KSchG), i.e. a person for whom the transaction is not part of the operation of his business, may withdraw from a contract concluded at a distance or a contractual declaration made at a distance without stating reasons.

6.1.2 The withdrawal period is 14 working days, whereby Saturday is not counted as a working day. It shall be sufficient if the declaration of withdrawal is sent within the period.

6.1.3 The period shall commence on the day of receipt by the consumer in the case of contracts for the supply of goods and on the day of conclusion of the contract in the case of contracts for the provision of services.

6.1.4 In the event that the Entrepreneur fails to comply with its information obligations under the Consumer Protection Act, the withdrawal period shall be extended to three months from the dates specified in 6.1.3. However, if the Entrepreneur belatedly complies with its information obligations within this period, the period of 14 working days for exercising the right of withdrawal shall start to run from the time the Entrepreneur provides the information.

6.1.5 The withdrawal must be sent in writing (letter, e-mail, fax) to:

Beavit GmbH

Stubenring 2

A-1010 Vienna

Austria

6.1.6 The consumer shall not have the right to withdraw from contracts for goods which, due to their nature, require controlled hygiene and shelf life requirements and are therefore not suitable for return. These products are pharmaceuticals and are marked with "Pharmacy Required". The right of withdrawal expires as soon as the product is opened. The product "Beavit Box" can only be returned in unopened, original packaging.

6.2 Consequences of withdrawal and bearing of costs:

6.2.1 If the consumer exercises his right of withdrawal, the services already received shall be returned step by step.

6.2.2 The Entrepreneur shall reimburse the payments made by the Consumer and reimburse the necessary and useful expenses incurred by the Consumer.

6.2.3 The Consumer shall return the services received and pay the Entrepreneur an appropriate fee for the use, including compensation for any associated reduction in the fair market value of the services, whereby the taking of the services into the Consumer's custody shall not in itself be regarded as a reduction in value.

6.2.4 The consumer shall only pay the direct costs of the return shipment.

 

End of the withdrawal policy

 

7 Warranty:

If the purchased goods have a defect, the customer is entitled to warranty claims. These warranty claims must be asserted in court within 2 years. According to § 932 ABGB (Austrian Civil Code), the customer is entitled to improvement, replacement, price reduction or cancellation of the contract, whereby the customer can initially only demand improvement or replacement of the item, unless the improvement or replacement is impossible or would involve disproportionately high expense for Partner Pharmacy, Urania Apotheke, Stubenring 2, 1010 Vienna. In this case, the customer shall have the right to a price reduction or, if the defect is not minor, the right to rescission. The Customer may submit a complaint directly to the Partner Pharmacy or to Beavit by sending the defective goods to Beavit. In the latter case, Beavit shall immediately forward the complaint to the Partner Pharmacy.

 

8. consulting service:

The telephone product-related consulting service offered on Beavit's website is offered in cooperation with the partner pharmacy, Urania Apotheke, Stubenring 2, 1010 Vienna. This is a product-specific consultation service as offered by Austrian pharmacies within the scope of legal regulations. The consultation is carried out by a pharmacist of the partner pharmacy, but in no way replaces the consultation of a general practitioner, a general physician/specialist or a personal consultation in an Austrian pharmacy.

 

9 Liability:

a) Beavit shall be liable for the breach of its obligations arising from the contractual relationship with the Customer exclusively in case of intent and gross negligence. Beavit shall not be liable for slight negligence. This exclusion of liability refers only to property damage and financial losses caused by Beavit.

b) Beavit shall not be liable for operational disruptions, in particular in the operation of the online store, for which it is not responsible.

10 Applicable Law/Court of Jurisdiction:

Austrian law shall apply exclusively. If the consumer has his domicile or habitual residence in Austria or if he is employed in Austria, the place of jurisdiction shall be the court in whose district the consumer's domicile, habitual residence or place of employment is located.

 

11 Final clause:

Should any provision of these GTC be legally ineffective, invalid and/or void or become so in the course of its duration, this shall not affect the legal effectiveness and validity of the remaining provisions of these GTC.

 

Version 1.5

Status 1.1.2019

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