Allgemeine Geschäftsbedingungen

DR. TEMT LABORATORIES – GENERAL TERMS OF BUSINESS
 
A Exclusion of Liability

1 Content of Online Offer
The author assumes no warranty at all for the timeliness, correctness, completeness or quality of the information that was made available. Any liability claim against the author that refers to material or immaterial damages and that was caused by the use or non-use of the presented information and/or by the use of defective and incomplete information is generally barred; provided that there is no verifiable intentional or grossly negligent fault on the part of the author.

All offers are subject to change and non-binding.
The author expressly reserves the right to, without a separate announcement, change, supplement or delete parts of the pages or the overall offer, or to occasionally or finally discontinue their publication.

2 References and Links
For direct or indirect references to external Internet sites (“links”) that lie outside of the area of responsibility of the author, any liability obligation would arise solely in the case in which the author has knowledge of the content and, in the case of illegal content, it would be technically possible and reasonable for it to prevent use.

As such, the author expressly declares that, at the point in time of making the link, the correspondingly linked sites were free of illegal content. The author has no influence at all on the current and future organisation and content of the linked and/or connected sites Therefore, it hereby expressly dissociates itself from all content of all linked and/or connected sites that was changed after making a link.

The statement applies to all links and references made within the internal Internet offer, along with external entries in guest books, discussion forums and mailing lists furnished by the author. The vendor of the site for which a reference is made, and not the party that solely makes a reference through a link to the particular publication, is solely liable for illegal, incorrect or incomplete content and particularly for damages that arise from the use or non-use of such offered information.

3 Copyright and Trademark Rights
In all publications, the author endeavours to observe the copyrights of the used graphics, sound documents, video sequences and texts, use graphics, sound documents, video sequences and texts composed by itself or resort to licence-free graphics, sound documents, video sequences and texts.

All trademarks and brand names specified within the Internet offer and, if applicable, protected by third parties, are subject, without limitation, to the provisions of the applicable trademark rights and the possession rights of the respective registered owners. However, mere mentioning is not to lead to the conclusion that brand names are not protected by the rights of third parties!

The copyright for published items composed by the author remains solely with the author of the sites. Without the express consent of the author, any duplication or use of such graphics, sound documents, video sequences or texts in other electronic or printed publications is not permitted.

4 Legal Effectiveness of the Liability Exclusion
This liability exclusion is to be regarded as a component of the Internet offer, of which reference to this site is made. If parts or individual formulations of this text should not conform, no longer conform or not completely conform to the applicable legal situation, the remaining parts of the document remain unaffected by this in their content and validity.

B Publication of Prices

Our customers, dealers, representatives and/or purchasers are expressly prohibited from publishing on the Internet the products of W. Pauli with prices. This does not include prices for registered users on websites particularly furnished for this.

C Terms and Conditions of Sale and Delivery

Preamble
We generally make deliveries only under the following terms and conditions of sale and delivery. The applicability of other terms and conditions, in particular the terms and conditions of purchase of the customer, requires an express written confirmation on our part.

§ 1 Offer and Acceptance
          a Our offers are subject to change. Orders are binding on us only if we have confirmed them in writing or have commenced with their execution. Any change, addition or oral side agreement also requires written confirmation.
          b In our offers, supplementing clauses to the designation of goods, such as “circa”,”as customary”,”as already supplied” or similar additions, refer exclusively to the quality of the goods, but not the price. Such information in orders is to be so understood and, if necessary, a corresponding confirmation is so meant.
          c Upon any order, you declare your unrestricted and unreserved agreement with our general terms and conditions of business. Provisions that deviate from these are valid only if we have confirmed them in written form. This also applies if we have accepted an order without reservation and in knowledge of deviating terms and conditions.

§ 2 Purchase Price and Payment

          a Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description.

          b Payment can be made by using one of the methods mentioned in the offer of the seller.

          c Dr.Temt Laboratories / W.Pauli accepts only the payment methods indicated to the customer during the ordering process (current payment types by: credit card, direct bank transfer, PayPal)

          d Delivery

  • Austria 2-5 workdays : €3
  • Rest of the world 5-10 workdays : €10
  • Free shipping over €40 for Austria and Germany
  • Shipping by Post AG

 

§ 3 Delivery conditions

          a Goods shall be shipped to the delivery address specified by the customer unless otherwise agreed.

          b Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

          c Personal collection is possible in our Shop Sautergasse 21, 1160 Vienna, Austria during the opening hours: MO-WE 8:00 – 13:30 / 14:00 – 17:00, FR 8:00 – 12:00 

§ 4 Shipment and Acceptance
The risk of transport from the point of delivery is always imposed on the purchaser. Upon any self-collection, the loading of the vehicle and the observance of statutory provisions concerning hazardous materials transport are incumbent on the purchaser and/or its assigned parties. In each case, the unloading and storage of the goods are in the area of responsibility of the purchaser.

§ 5 Packaging
On the returnable packaging made available by us, attached indications are not to be removed or our own labels and/or markings are to be applied.
Without consideration of fault, the purchaser is liable for reductions in value, exchange and loss. The admissions tests in our operations are controlling. To the extent that nothing else is expressly agreed, we assume no warranty for the condition of the packaging and its suitability. For specifications as to measurement, weight and service, commercial tolerances are reserved.

§ 6 Contract Work Development, Manufacturing and Packaging
          a The delivery of raw materials and packaging materials (among other things) for the purpose of an order, and likewise the return of the finished goods, takes place at the cost and risk of the customer. We assume no liability for damages and losses to the materials warehoused with us. The insurance of warehoused raw materials, packaging and finished products is solely in the area of responsibility of the customer. We assume no liability for any damage.
          b If the warehousing of raw materials, packaging or finished products should last longer than necessary for production, then we are entitled to charge warehousing costs in the amount of 6.00 euros / square metre plus VAT for each month that has commenced.
          c The scope of service for commissioned orders expressly encompasses only the items specified in the scope of service. Further or subsequent auxiliary work is to be separately charged.
          d If, within the framework of our work as a contract manufacturer, any complaint to our handling of an order arises, the following applies:
We are liable only for damages that arise from noncompliance with the production instruction of the customer.
The formula responsibility with its examination duties is to be borne solely by the customer. Our liability is ultimately limited to the value of goods at cost price, at a maximum in the amount of the labour price.
Claims for damages going beyond this are barred.

§ 7 Retention of Title
          a Goods remain property of Dr.Temt Laboratories / W.Pauli until paid for in full. 
          b The ownership in the goods passes to the purchaser only upon the complete payment of the purchase price and all other (even those arising in the future) receivables arising from the business relationship with us. This also applies if payments are made on particularly identified receivables. For any current invoice, the reserved ownership applies as security for our balance claim.
          c As long as the purchaser duly fulfills its commitments in respect of us, it is authorised to continue to use the goods subject to retention of title in the ordinary course of business.
          d If the purchaser does not comply with its liabilities, even after the setting of a grace period, we are entitled to demand the return of the goods subject to retention of title without the setting of an additional grace period and without a declaration of cancellation. In the withdrawal of the goods subject to retention of title, a cancellation of the agreement is present only if we expressly declare this.
          e To secure all of our receivables, the purchaser hereby assigns to us all claims arising from the on-sale of the goods subject to retention of title.

§ 8 Warranty Rights, Duties of Examination and Defect Notification of the Purchaser

          a  Complaints can only be taken into account immediately following receipt of goods.The purchaser must examine the goods and their packaging immediately upon delivery. If the goods are delivered in shipped parcels, then it must additionally examine the labeling of each individual shipped parcel for conformity with the order.
          b Unopened products are accepted for returns if received with 14 calendar days from the date of invoice.
          b For any defect determined upon an investigation in accordance with letter (a), the purchaser must immediately provide notice of the defect.
          c If the purchaser fails to engage in the respective investigations or if it does not immediately provide an objection of a determined defect, then it loses its warranty rights regarding the defect that was determined and/or is able to be determined. The same applies in the event an erroneously wrong delivery, and even in the case of a deviation so substantial that an approval of the goods by the purchaser must be regarded as ruled out.
          d For any concealed defect, the purchaser must provide notice of the defect immediately after discovery. Otherwise, the goods are deemed to be approved, also to that extent. In any event, the objection of a concealed defect is barred upon the expiration of eight weeks after receipt of the goods.

§ 9 Liability for Damages Caused by Defects and Other Damages
          a For damages that arise through any defect in a purchased item, an erroneously wrong delivery or a defect in the packaging of the legal goods of the purchaser (including its assets), we are liable as follows:
                    1. To the extent that damages could have been avoided through adherence to the examination duties of the purchaser, any type of liability in respect of purchasers and legal entities under public law is barred, unless the damages are attributable to the intentional conduct of our statutory representatives.
                    2. To the extent that damages arise despite adherence to the examination duties of the purchaser, we are liable only for deliberate or grossly negligent contractual violations.
          b For damages other than those governed above – regardless of the grounds for liability – we are responsible only if they were caused by a grossly negligent action on our part. Moreover, we are not liable for the suitability of the goods for the purposes intended by the purchaser. With the exception of tort claims, all claims are time-barred six months after the action causing the damages.

§ 10 Right to cancel

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must contact us (Dr.Temt Laboratories / W. Pauli GmbH & Co. KG, Sautergasse 21, 1160 Vienna, Austria, Tel +43 (1) 488 11 – 0, Fax +43 (1) 488 11 – 30, Email office@drtemt.at) with a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample-withdrawal form, but which is not required.

In order to comply with the cancellation period, it is sufficient that you send the notification of your withdrawal before the expiry of the withdrawal period.

 

FOLLOWING THE REVOCATION

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from you choosing a different delivery method than the standard delivery we offer, which you will have to pay immediately) and at the latest within fourteen days from the date on which the notification of your withdrawal of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. In no case you will be charged for this repayment fees. We may postpone to repay you until we have the goods return or until you have provided proof that you have returned the goods, whichever happens at an earlier time.

You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the withdrawal of this contract at the latest. The deadline is met if you send the goods before by the end of the expiry period of fourteen days.

You shall bear the direct costs of any return shipments.

 

DATA COLLECTION – What we collect your data for

We process your data only for specific purposes and, nevertheless, always when there is a legal basis that will enable us to do so.

Here is why we process your data:
Use of the site and management of services:
Your data is processed to allow registration on the Website, access to and supply of the services reserved to users registered on the Website and sending via the Website of a purchase order for the products available on the Website, with the consequent conclusion of the related contract of sale, including any administrative and accounting formalities. In this case, the legal basis is the contract and the legitimate interest.

Customer support
Communicating changes to our services, customer support via live chat, phone or email, including the correction of any bugs. In this case, the legal basis is the contract.

Marketing
Your data is processed in order to send advertising material and newsletters, to provide commercial information by telephone, SMS, email, and also using traditional methods (e.g. sending catalogues by post), about promotional and sales initiatives of www.drtemt.com and www.drtemt.at, to conduct market research and surveys on customer satisfaction. In this case, the legal basis is your consent.

Profiling
With the sole aim of offering things, as far as possible, in line with your interests, we will perform certain analyses on aggregate data but without conducting any profiling on your specific habits. In this case, the legal basis is legitimate interest. In any case there is absolutely no automatic decision-making process concerning you.

What we mean by legal basis:
Consent
This is the authorisation to process your personal data for a specific purpose. You can change your mind whenever you like! You can withdraw your consent at any time, by sending us an email to the following address: office@drtemt.at

D Miscellaneous

a) Data Protection

The data necessary for the handling of a transaction are stored under adherence to the applicable data protection regulations and are (if applicable) forwarded to third parties only for the advertising purpose of Dr. Temt / W. Pauli GesmbH & Co KG.

b) Contact

For further information and for any questions, we are happily available to you at the following address:

Dr. Temt
W. Pauli GmbH & Co.KG
Sautergasse 21
1160 Vienna, Austria
Tel +43 (1) 488 11 – 0
Fax +43 (1) 488 11 – 30
Email office@drtemt.at

c) Concluding Provisions

Jurisdiction for payment and disputes is Vienna, Austria. Wien FN 6325b, ARA-Lizenz Nr 3658, UID ATU 12375605, DVR 0875449, EORI ATEOS1000002312.
NOTE:
A note regarding ingredients: Dr. Temt Laboratories is dedicated to maintaining the accuracy of the ingredient lists on this website. However, because ingredients are subject to change, we cannot guarantee that these lists are complete and/or up-to-date. For an accurate listing of ingredients in each product, please refer to your product packaging.