GTCs of NADH Handels GmbH

General Terms and Conditions (valid from 1 January 2013)

NADH Handels GmbH (hereinafter “NADH Austria”)

These General Terms and Conditions have been drawn up for legal transactions between entrepreneurs. If a consumer transaction exists in the sense of § 1 Austrian Consumer Protection Act (KSchG), the points of the contract containing the respective special conditions for consumers shall apply, otherwise the mandatory provisions of the first section of the Austrian Consumer Protection Act.

  

1. Scope

1.1 All deliveries and services of NADH Austria are subject exclusively to the following terms and conditions in the version applicable at the time of contract conclusion. Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed by us in writing. Our terms and conditions are deemed accepted by the customer upon the award of a contract to or the placing of an order with NADH Austria, at the latest upon acceptance of our delivery.

1.2. The customer's terms and conditions shall not be accepted, unless otherwise explicitly agreed in writing. No further objection to the customer's terms and conditions by us is required.

1.3 Notices addressed to NADH Austria must be made in writing (including fax) in order to obtain legal validity. Statements made by employees shall only be binding upon us if they are confirmed in writing by authorised representative bodies.

1.4 If any provision of these terms and conditions is not effective, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The ineffective provision shall be replaced by one that comes closest to it in sense and purpose.

 

2. Ordering of goods, contract conclusion

2.1. Goods shall be ordered either over the internet by filling out and sending the online order form, by sending an order form by fax or by post, or by placing the order over the telephone. Furthermore, NADH Austria reserves the right to accept orders in quantities suitable for household consumption only.

2.2. If goods are ordered electronically, we will confirm receipt of the customer’s order. However, the confirmation of receipt shall not represent a binding acceptance of the order. Instead, the order will be accepted through the sending of the ordered goods, unless the order is explicitly accepted in writing on a case-by-case basis, in each case within 30 days of receipt of the order by us. Upon expiry of this deadline, the customer shall no longer be under any obligation and the purchase agreement shall be deemed null and void.

2.3. All product offers and information about product offers shall always be non-binding and without obligation in respect of provision or availability.

 

3. Right to cancel for consumers

3.1. If the customer is a consumer in the sense of the Austrian Consumer Protection Act and if the contract is formed under the exclusive use of one or more means of long-distance communication, such as telephone, letter, fax or email, then the customer shall be entitled under the provisions of § 5e Austrian Consumer Protection Act to cancel the concluded contract or an issued contractual declaration without reason within seven (7) working days (it is sufficient for the notice of cancellation to be sent by electronic or other means within the notice period). Saturday does not count as a working day. The notice period commences on the date on which the goods are received by the customer.

The written notice of cancellation is to be sent to:
NADH Handels GmbH
Schwarzspanierstrasse 15/1/7
A-1090 Vienna

You can reach our customer service at:
Tel.: +43 (0) 13616996
Fax: +43 (0) 136169 9611
E-mail: info@birkmayer-nadh.com

3.2. In the event of cancellation, NADH Austria shall refund any and all payments made by the customer.

3.3. In the event of cancellation, the customer shall immediately return the received purchase item and pay NADH Austria an appropriate consideration for its use, including compensation for any associated reduction in the fair market value of the purchase item. If the cancellation is permissible, NADH Austria shall send the customer a Freeway stamp with which the goods can be returned free of charge once the cancellation is complete. If the customer returns the goods to us without a Freeway stamp, the proof of postage must be retained as evidence that the item has been returned. In this case, NADH Austria reserves the right to charge the customer the direct costs for returning the goods.

 

4. Prices, payment terms, retention of title

4.1 The prices shown are gross prices in euro including statutory Austrian value added tax, excluding costs for postage and packing. Shipping takes place ex works/warehouse at the expense and risk of the customer. In the event of obvious typing, printing and/or calculation errors as well as in the event of price changes by our suppliers in excess of 5%, we are entitled to cancel the contract as long as it has not been rendered in full by both parties.

4.2 The list prices and terms indicated at the time of placing the order in the selected, current ordering medium (e.g. catalogue or online shop www.birkmayer-nadh.com) apply. Prices or terms granted within the scope of special promotions (e.g. by manes of advertisements, brochures, catalogue, website www.birkmayer-nadh.com or email newsletter) shall apply for a limited time only and at the earliest with the announcement of the promotion by NADH Austria.

4.3 The following costs are charged separately for postage and packing: Postage costs amount to €10.32 gross (within Germany/Austria) up to an order value of €250.00 gross, above which there is no charge for postage. The postage costs vary for all other countries.

4.4 The purchase price is due for payment in advance and in full at the time of placing the order, unless special payment terms are agreed in writing on a case-by-case basis.

4.5 The purchase price is due for payment in advance (advance payment) and in full at the time of placing the order at the customer’s option. In the case of advance payment, delivery shall be made after the full invoice amount has been received in our account. In the case of payment by credit card, we can charge the credit card at the time the order is placed; the full invoice amount will be charged for partial deliveries. Without prejudice to any granted term of payment, NADH Austria has the right to make all outstanding deliveries only in return for immediate cash payments if the customer defaults on payment or if we become aware of circumstances that result in a material worsening of the customer’s financial situation following contract conclusion. Payments are to be made to the following account, quoting the invoice number and customer:

Account holder: NADH Handels GmbH
Account number: 11684545
Branch sort code: 32000
Bank: Raiffeisen/Vienna
IBAN: AT953200000011684545
BIC: RLNWATWW

4.6 If the customer is late in making payment, default interest in the amount of 12% p.a. above the base interest rate applicable on the day after the due date or high statutory default interest will be charged. In the event of late payment, the customer also undertakes to reimburse NADH Austria for the reminder and collection expenses incurred, to the extent these are necessary for appropriate prosecution. In any event this covers the costs of two reminder letters in the amount of €15.00 each as well as a reminder letter sent by a solicitor instructed with collection of the debt. We reserve the right to assert further rights and claims. If payment is agreed in instalments, NADH Austria reserves the right to demand immediate payment of the full outstanding debt in the event of the late payment of instalments or subsidiary claims (default of payment).

4.7 The customer may only offset against claims of NADH Austria if the customer’s counterclaim is acknowledged by us in writing or determined by the court. If a consumer transaction exists in accordance with the Austrian Consumer Protection Act, offsetting in accordance with § 6 (1) pt. 8 Austrian Consumer Protection Act shall also be permissible in the event of insolvency and if the counterclaim of the consumer is legally related to our claim.

4.8 The goods delivered by NADH Austria shall remain the property of NADH Austria until full payment of the purchase price including all subsidiary liabilities has been made.

 

5. Delivery of goods, delivery

5.1 When delivering goods, the risk transfers to the customer as soon as we have handed over the goods to the transport company selected by us.

5.2 Unless otherwise agreed or indicated, we will make deliveries without unnecessary delay and in any case within 30 days of the order being placed (for advance payment: after receipt of payment). Indicated delivery or performance deadlines are only approximate and non-binding. Partial deliveries are permitted. NADH Austria shall bear the additional costs associated with partial deliveries.

5.3 If the delivery/performance of NADH Austria is delayed for reasons beyond the control of NADH Austria, as well as for force majeure and other unforeseeable events that cannot be averted by reasonable means, the delivery obligations shall be suspended for the duration and extent of the obstacle and the deadlines shall be extended accordingly. Should such delays persist for longer than two (2) months, the customer and NADH Austria are entitled to cancel the contract. Previously made payments will be refunded. If NADH Austria is responsible for the delay, the customer may only cancel the contract after it has given NADH Austria a grace period of at least fourteen (14) days in writing and this grace period has elapsed to no avail.

5.4 If a product cannot be delivered, the customer will be notified without delay and the contract shall not be formed and/or NADH Austria shall - if a contract has already been formed - be released from its obligation. If an outstanding partial delivery cannot ultimately be delivered, the customer will be informed without delay. In this case, the payment to be made will be reduced accordingly by the outstanding value of the goods. The remainder of the contractual relationship shall not be affected by this.

5.5 Claims to compensation of the customer due to non-fulfilment or delay are excluded, except if there is evidence of intent or gross negligence.

5.6 Substitute deliveries are permitted if a certain item cannot be delivered. In this case, NADH Austria shall send goods of equivalent price and quality by way of replacement. If the customer is not satisfied, the substitute item can be returned at the expense of NADH Austria.

5.7 If NADH Austria accepts the return of delivered goods as a gesture of goodwill, a restocking fee in the amount of 20% of the value of the goods will be charged.

 

6. Warranty, liability

6.1 All information and data contained in our website pages or our brochures have been carefully researched and checked by specialists of NADH Austria or third parties. They are intended to provide the customer with information of a general nature and are non-binding. The same applies to all general verbal and written communications on the applications and effectiveness of the products. Under no circumstances may these indications replace an examination and treatment by a doctor.

6.2 If a defect gives rise to a right under warranty, NADH Austria shall first undertake to replace the goods. Should the replacement fail to correct the defect, the customer is entitled either to demand a price reduction or to withdraw from the contract. If the item is replaced, the faulty item is to be returned with sufficient postage. If the fault is justified, NADH Austria shall reimburse the cost of postage. A copy of the invoice or a letter showing the customer and invoice number is to be enclosed for unambiguous identification, allocation and processing of the subsequent delivery.

6.3 The warranty period granted to entrepreneurs in the sense of the Austrian Consumer Protection Act is six (6) months from the date of delivery. The right to recourse against NADH Austria in accordance with § 933b Para 1 ABGB (Austrian Civil Code) expires one (1) year after the delivery/service.

6.4 In cases of mild negligence, NADH Austria cannot accept liability for the customer's property or financial damages, regardless of whether these involve direct or indirect losses, lost profit, damage or consequential damage. The existence of gross negligence on the part of NADH Austria must be proved by the customer. The exclusion of liability does not apply in the event of an obligation to pay compensation in accordance with the Austrian Product Liability Act (PHG). Any claims to recourse against NADH Austria by customers or third parties in accordance with the “Product Liability” section of the Austrian Product Liability Act are excluded, unless the party entitled to recourse proves that the mistake was caused by NADH Austria and was at least due to gross negligence.

6.5 The customer undertakes to use the goods only within the scope of what is permitted in the contract and/or the law and to strictly adhere to any conditions of use.

6.6 NADH Austria does not accept any liability for technical faults related to operation of the online shop. NADH Austria reserves the right to suspend operation at any time but without prejudice to the proper processing of contracts that have already been concluded.

 

7. Industrial property rights and copyrights

7.1 Documents provided by us must not be made accessible to third parties or duplicated or used for other than the agreed purpose.

7.2 NADH Austria reserves the right to make changes or additions to the information provided. The content and structure of the website www.birkmayer-nadh.com are copyright protected. The duplication of information or data, especially the use of texts, parts of texts or image material, requires the prior consent of NADH Austria.

 

8. Data protection

8.1 In accordance with § 24 Data Protection Act (DSG) 2000, the customer will be informed that his personal details, in particular his name, address, telephone number, information regarding the goods ordered by the customer as well as details on the billing and payment method, will be processed for the purpose of administering the contract and for the preparation of statements and statistics in the sense of § 8 Para 3 pt. 4 DSG 2000.

8.2 The customer agrees that NADH Austria may electronically collect, store, process and otherwise use details disclosed by the customer (name, address, email, account data) for purposes of contract fulfilment and supporting the customer and send the customer electronic mail for informational and advertising purposes. The customer may withdraw his consent at any time. NADH Austria will not pass these details to others without the permission of the customer, unless required to do so by the law.

 

9. Place of performance, applicable law, jurisdiction

9.1 This registered address of NADH Austria applies as the place of performance for all services and mutual obligations arising from this contract.

9.2 The contract and all derived claims are subject to Austrian substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

9.3 All legal disputes arising in connection with this contractual relationship fall under the jurisdiction of the materially competent court for Vienna, Innere Stadt, on the assumption that the customer is not a consumer in the sense of the Austrian Consumer Protection Act.