General Terms and Conditions
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GENERAL TERMS AND CONDITIONS (GTC) / CANCELLATION POLICY (see § 8 GTC) / PRIVACY POLICY (see § 3 GTC) / DELIVERY TERMS AND COSTS (see § 4 GTC)
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§ 1 Scope
(1) The following terms and conditions are an integral part of every contract between Chōju GmbH, Upper Town Square 45, 4780 Schärding, Austria, represented by its Managing Director Dr. med. Johannes Zwick, with a place of business at the same address or Chōju AG, Sonnenbergstrasse 74, 6052 Hergiswil (CH) (hereinafter referred to as Chōju), and the customer.
(1) The following terms and conditions are an integral part of every contract between Chōju GmbH, Upper Town Square 45, 4780 Schärding, Austria, represented by its Managing Director Dr. med. Johannes Zwick, with a place of business at the same address or Chōju AG, Sonnenbergstrasse 74, 6052 Hergiswil (CH) (hereinafter referred to as Chōju), and the customer.
(2) Chōju provides its services exclusively on the basis of these terms and conditions.
§ 2 Conclusion of Contract
(1) The presentation of goods, especially on the Internet, does not constitute a binding offer by Chōju.
(2) The customer can select items from the offer at will and place them in the shopping cart using the link "ADD". The customer can empty the shopping cart at any time by setting the number of selected products to "0". Changes can be made using the mouse and keyboard. By clicking the "CHECKOUT" button, the customer is redirected to a page where they can register as a customer if they do not yet have login data, or log in as an existing customer. A username along with a password and contact details are entered for this purpose. After registration and confirmation of the delivery address, the order process is completed by pressing the "PLACE BINDING ORDER" button. By sending the order, the customer makes a binding offer to purchase the goods in the shopping cart and accepts these GTC. The receipt of the order is displayed to the customer immediately after the completion of the ordering process. We save your order and the order data you have entered.
(3) The customer will be informed about the receipt of the order via email. This does not constitute a binding acceptance of the order. The contract is only concluded with the dispatch of a separate delivery confirmation by email or with the dispatch of the goods.
(4) The languages used for the conclusion and processing of this contract are German and English.
§ 3 Privacy Policy
(1) Chōju uses the customer's provided data (name, gender, address, email address, phone number, fax number, bank details, IP address, time of use, and geodata) exclusively for the relevant purpose and in compliance with the applicable legal provisions; any further use occurs only with the customer's express consent. The customer can object to the use of his data at any time. (2) The customer expressly agrees that Chōju processes the personal data of the customer described in the preceding paragraph for the purpose of providing access to the contractual services (use of the website www.ringana.com, particularly the online shop for the purchase of Ringana products), for communication with the customer (especially for sending newsletters), for analyzing usage behavior, and for processing his order. For the purpose of contract fulfillment, namely delivery, the customer's personal data is forwarded to the courier service as far as it is necessary for the delivery of goods. The courier service is also obliged to use the customer's personal data exclusively in accordance with the provisions of the applicable data protection laws.
(3) However, the customer may revoke their consent to data protection at any time without giving reasons by written declaration to Chōju GmbH (address as above in Austria), thereby rendering further use of the data by Chōju for purposes other than those necessary for contract fulfillment inadmissible. In the event of consent, the customer may at any time inquire about, modify, or delete their stored data at Chōju GmbH and revoke their consent at any time.
(4) This privacy policy is available at any time on Chōju's website and can be accessed.
§ 4 Delivery Conditions / Delivery Costs
(1) Unless otherwise agreed in writing, delivery shall be ex warehouse. If the customer is a consumer, the risk of shipment is borne exclusively by Chōju. If the customer is an entrepreneur, the risk passes to the customer as soon as Chōju has delivered the goods to the forwarder or to other persons or institutions determined for the execution of the shipment.
(2) Delivery takes place within 5 working days, whereby working days are considered to be Monday to Friday, excluding public holidays. The period begins with the conclusion of the contract and may vary by country and type of shipment. Please refer to "Shipping Costs and Payment Methods" for details on delivery times, shipping costs, and the shipping methods of the countries served.
§ 5 Payment Conditions
(1) You can see the granted payment methods (PayPal, bank transfer) here. When paying via the payment method "PayPal," an assignment of the purchase price claim to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg ("PayPal") occurs. The data required for payment processing is transmitted to PayPal. For its own credit assessment, PayPal transmits data to credit agencies (information agencies) and receives from them information as well as possibly credit information based on mathematical-statistical methods (probability or score values), which calculation includes, among other things, address data. By selecting the mentioned payment method, the customer agrees to the transmission of data to PayPal and the performance of credit checks. Detailed information on this and the information agencies used can be found in PayPal's privacy policy, which can be accessed here. When selecting a payment method offered by the payment service mollie, the payment processing is handled by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter referred to as "mollie"). The individual payment methods offered by mollie are communicated to the customer in the online shop of the seller. Mollie may use further payment services for the processing of payments, for which special payment conditions may apply, about which the customer may be separately informed. Further information about mollie is available online at https://www.mollie.com/de/. When selecting the payment method credit card via mollie, the invoice amount is due immediately upon conclusion of the contract. When selecting a payment method offered by the payment service Klarna, the payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and the conditions of Klarna can be found in the payment information of the seller, which can be viewed at the following internet address: https://www.klarna.com/at/agb/
(2) All prices are understood to include the statutory value-added tax.
(3) All shipping costs, in particular for packaging, transportation costs, transport insurance, and delivery, are, unless otherwise agreed, at the customer's expense.
(4) In the event of a delay in payment by the customer, even if the delay in payment is not the customer's fault, the customer is obliged to pay the incurred reminder fees and interest at the rate of 12.5% p.a. Subsequently, a debt collection agency will be commissioned to enforce the claim. In addition to the aforementioned costs, any fees incurred by the collection agency and billed to us, the maximum amount of which is based on the regulation on the maximum rates for collection agencies (BGBl No. 141/96), are at the expense of the customer in default of payment, provided that such fees are reasonable and necessary for appropriate legal action. Payments are first credited to interest and costs. The customer is hereby expressly informed that in the event of their payment default, Chōju GmbH may disclose their name (including former names), gender, address, profession, outstanding balance, and reminder dates in accordance with Art 6 para 1 lit f GDPR to the credit information service and to collection agencies authorized to collect claims. The assertion of further rights and claims by Chōju remains unaffected.
§ 6 Retention of Title
The goods remain the property of Chōju until full payment is made.
§ 7 Warranty
(1) Regarding the warranty, the statutory provisions apply, unless otherwise agreed in § 7 para. 2 to 3.
(2) The warranty period is 24 months and begins with the transfer of the goods if the customer is a consumer.
(3) If the customer is an entrepreneur, the period is 12 months from the transfer of the goods. The limitation period for claims for damages resulting from injury to life, body, health, which are based on an intentional or negligent breach of duty by the seller, or on an intentional or negligent breach of duty by a legal representative or vicarious agent of Chōju, remains unaffected. Likewise, the limitation period for claims for damages for other damages resulting from an intentional or grossly negligent breach of duty by the seller, or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Chōju, remains unaffected. If Chōju negligently breaches an essential contractual obligation, the limitation period for claims for damages also remains unaffected. Essential contractual obligations are obligations imposed on Chōju by the content of the contract to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on the observance of which the customer can regularly rely (e.g., delivery of the goods and transfer of ownership of the goods).
(4) The customer, who is an entrepreneur, must examine the goods immediately after delivery by Chōju, as far as this is feasible in the ordinary course of business, and, if a defect appears, must notify Chōju without delay. If the customer fails to make this notification, the goods are deemed to have been approved, unless it is a defect that was not identifiable during the examination. If such a defect becomes apparent later, the notification must be made immediately after the discovery. Otherwise, the goods are also deemed to have been approved concerning this defect. Timely dispatch of the notification is sufficient to preserve the customer's rights. If Chōju has fraudulently concealed the defect, they cannot invoke these regulations.
§ 8 Cancellation Policy
As a consumer, you have the right to cancel this contract within fourteen days without giving any reason. Gift vouchers and merchandise items are excluded from the right of withdrawal and exchange. The deadline is fourteen days from the day on which you or a third party nominated by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us,
Chōju GmbH,
Oberer Stadtplatz 45,
4780 Schärding,
Austria
Telephone: +43 (0)6644503844
E-Mail: info@choju-health.com
by means of a clear declaration (e.g., a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including delivery costs (except for additional costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received the notice of your withdrawal of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this reimbursement. If payment was made by gift voucher, you will receive a gift voucher to the value of the reimbursement. We may withhold reimbursement until we have received the goods back, or you have provided evidence that you have sent back the goods, whichever is the earliest. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics, and functioning of the goods.
Model Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back.)
– To (insert name, address, fax, e-mail)
– I/We (*) hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service (*)
– Ordered on ()/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if this form is notified on paper)
– Date
(*) Delete as appropriate
§ 9 Limitation of Liability
(1) Chōju is liable, with the exception of injury to life, body and health, only for damages attributable to intentional or grossly negligent behavior. This also applies to indirect consequential damages, especially lost profits.
(2) Liability, except in the case of intentional or grossly negligent behavior or damages resulting from injury to life, body and health, is limited to the typically foreseeable damages at the time of contract conclusion and otherwise in amount to the average contractual damages. This also applies to indirect consequential damages, especially lost profits.
(3) The limitations of liability of paragraphs 1 and 2 also apply analogously in favor of the employees and vicarious agents of Chōju.
(4) Claims for liability based on the Product Liability Act remain unaffected.
§ 10 Information on Online Dispute Resolution
The European Commission has established an internet platform for online dispute resolution as of 15.02.2016. This is intended to enable consumers and traders to settle disputes related to online sales contracts or online service contracts simply, efficiently, quickly, and out of court. The platform can be accessed via the website http://ec.europa.eu/consumers/odr. We prefer the direct clarification of your concerns and do not participate in consumer arbitration procedures. In the event of an issue, we ask for contact to be made at info@choju-health.com.
§ 11 Final Provisions
(1) The law of the Republic of Austria shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Consumers with habitual residence abroad may, regardless of this choice of law, invoke the law of the state in which they have their domicile.
(2) The place of performance is the registered office of Chōju, provided that the customer is a businessman.
(3) For any disputes arising from this contract, the jurisdiction is the commercial courts.
Important Information on Our Products
The results of our products can vary. It must be taken into account that the effectiveness of each product depends on various factors, such as skin type, climate, sweating, age, diseases, and others. In certain cases, the products may contribute to combating signs of aging or achieving a specific effect due to their particular properties.