TABLE OF CONTENTS
- Scope of Application
- Conclusion of Contract
- Right of withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter "GTC") of Live Forever Young Institute GmbH (hereinafter "seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter "customer") with the seller regarding the goods and/or services presented by the seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional.
1.3 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer regarding the goods and/or services contained in the shopping cart by clicking the button "order with obligation to pay" that completes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The acceptance period for the offer begins the day after the offer is sent by the customer and ends at the end of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the specified period, this is considered a rejection of the offer, meaning the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-fullIf the customer pays using a payment method offered by PayPal selectable during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller and sent to the customer after submitting their order along with these terms and conditions in text form (e.g., email, fax, or letter). Additionally, the contract text is archived on the seller's website and can be accessed by the customer free of charge via their password-protected customer account using the corresponding login data, provided the customer created a customer account in the seller's online shop before submitting their order.
2.6 Before bindingly submitting the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Only the German language is available for concluding the contract.
2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing can be delivered.
3) RIGHT OF WITHDRAWAL
3.1 Consumers generally have a right of withdrawal.
3.2 Further information about the right of withdrawal can be found in the seller's withdrawal policy.
4) PRICES AND PAYMENT TERMS
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The customer has various payment options available, which are indicated at the beginning of the ordering process in the seller's online shop.
4.3 If prepayment is agreed upon, payment is due immediately after the contract is concluded.
4.4 If a payment method offered through the payment service "PayPal" is selected, the payment processing is carried out by PayPal, which may also use the services of third-party payment providers. If the seller also offers payment methods via PayPal where they advance payment to the customer (e.g., invoice purchase or installment payment), they assign their payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in case of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credit notes.
4.5 If a payment method offered through the payment service "Shopify Payments" is selected, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. For payment processing, Stripe may use additional payment services, which may be subject to special payment terms that the customer may be separately informed about. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de available.
4.6 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in case of a negative credit check.
4.7 If the payment method Klarna invoice purchase or Klarna installment purchase is selected, the payment processing is carried out by Klarna AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information about Klarna invoice and installment purchase as well as Klarna's conditions for these can be found in the seller's payment information, which is available at the following internet address:
https://liverforeveryoung.at/pages/zahlung
4.8 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options: invoice, installment purchase, and immediate transfer. Payment is made to Klarna in each case. Further information and Klarna's terms of use can be found here: https://www.klarna.com/at/agb/
5) DELIVERY AND SHIPPING CONDITIONS
5.1 The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that made delivery impossible or if they were temporarily prevented from accepting the offered service, unless the seller had announced the service to them within a reasonable time beforehand. Furthermore, this does not apply to the costs of sending if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation made in the seller's withdrawal instructions applies in the case of effective exercise of the right of withdrawal by the customer.
5.3 Self-collection is not possible for logistical reasons.
6) RETENTION OF TITLE
If the seller advances performance, they reserve ownership of the delivered goods until full payment of the owed purchase price and all associated costs and expenses.
7) WARRANTY LIABILITY
7.1 Unless otherwise specified in the following provisions, the provisions of statutory warranty law apply. Deviating from this, in contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects for new goods is one year from delivery of the goods;
- rights and claims for defects are excluded for used goods;
- the limitation period does not start anew if a replacement delivery is made within the scope of warranty claims.
7.3 The above-regulated limitations of liability and time limits do not apply
- for the customer's claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used according to their usual manner for a building and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the seller accordingly. Failure to do so has no impact on their statutory or contractual warranty claims.
8) REDEMPTION OF PROMOTIONAL VOUCHERS
8.1 Vouchers issued free of charge by the seller as part of promotions with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified promotional period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
8.4 Multiple promotional vouchers can be redeemed in a single order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
8.7 The balance of a promotional voucher will neither be paid out in cash nor bear interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within their statutory right of withdrawal.
8.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
9) APPLICABLE LAW
9.1 If the customer acts as an entrepreneur within the meaning of section 1.2, the law of the country where the seller has their business headquarters shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's business headquarters.
9.2 If the customer acts as a consumer within the meaning of section 1.2, the law of the country where the customer has their habitual residence shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.
10) ALTERNATIVE DISPUTE RESOLUTION
10.1 The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.