GENERAL TERMS AND CONDITIONS OF BUSINESS
These General Terms and Conditions of business will apply to the entire business relations between the customer and Yxaiio GmbH, Wipplingerstraße 15/5, 1010 Vienna, Austria, Reg. No. 291623h, Commercial Court Vienna ("Yxaiio"), in particular to all future purchases with the customer.
These terms and conditions preliminary apply for the order of the functional drink produced by Yxaiio, called Yxaiio® (further referred to as "Yxaiio®").
Terms and Conditions of the customer which conflict with or differ from these General Terms and Conditions are not accepted, unless Yxaiio has given their explicit written consent to their applicability.
Offer and Order / Order Confirmation
Offers made by Yxaiio shall only be regarded as a request to the customer to place a purchase order.
The order by the customer is therefore only an offer to Yxaiio to conclude a contract in respect of the goods ordered.
After having received the order, Yxaiio will send an order confirmation to the customer per E-Mail, summarizing the order of the customer ("Order Confirmation"). The Order Confirmation is deemed to be the acceptance of the customer's offer by Yxaiio. The purchase contract is perfected upon receipt of the Order Confirmation by the customer.
If the content of the Order Confirmation varies from the content of the original order of the customer, Yxaiio shall immediately be informed in writing or by E-Mail. If such information is not received within 14 days of the receipt of the Order Confirmation by the customer, the contract is perfected pursuant to the Order Confirmation.
The content and scope of the deliveries shall be in accordance with Yxaiio´s Order Confirmation. Packaging and delivery-services will be chosen by Yxaiio unless otherwise agreed in writing.
Yxaiio shall reserve the right to change the time of delivery in case of "force majeure" and other delays in delivery for which it is not responsible.
The customer shall bear the cost and risk of transportation. The transfer of risk of loss and destruction takes place when handing over the ordered items to the consignor.
Delivery dates shall not be binding, unless explicitly agreed upon in writing as binding. Neither the acknowledgement of the order nor the Order Confirmation can be deemed as such agreement. Only after having explicitly concluded a delivery date, a delivery on time is guaranteed. If a delivery date explicitly agreed upon in writing is failed, the customer has to set a reasonable extension period of a minimum of 14 days in order to enable Yxaiio to deliver the order. Only after having failed this extended delivery date can the customer cancel the contract with immediate effect.
Yxaiio shall have the right to make reasonable part-deliveries of the order and may separately invoice such part deliveries.
The customer has to accept the quantity of goods ordered and confirmed in accordance with the Order Confirmation. In case the customer refuses to accept delivery, the customer has to compensate Yxaiio for all costs and damages arising out of it.
In case of an inadequate delay of the delivery, the customer may revoke the contract after having set a reasonable time limit of a minimum of 14 working days to Yxaiio in order to deliver the products. The time limit begins the day the revocation is received by Yxaiio.
Irrespective of any agreement or delivery guarantee, Yxaiio shall under no circumstances - to the fullest extent permitted by applicable regulations - be liable for any and all damage whatever nature due to a late delivery of the products.
Prices/ Terms of Payment
The prices are quoted gross (including 20% value added tax), excluding shipping fees.
Unless otherwise specified in writing all payments have to be made in advance by credit card, paypal or wire transfer.
Payment shall be deemed made when it is credited to Yxaiio´s bank account, paypal or the respective credit card company.
In case of payment by wire transfer, payment has been made within 5 working days as of the order date. If no payment is received within this time period, the order is automatically cancelled and Yxaiio has no delivery obligation anymore.
In case of a revocation of the payment through the credit card company or the wiring bank, the customer is in default of payment. Yxaiio shall be entitled to charge default interest at a rate of 9 % p.a. In addition, the defaulting customer shall bear any and all related charges, collection charges and information charges incurred in connection with the outstanding payments.
Set-off of claims by the customer against Yxaiio´s claim for the purchase price and withholding payments by the customer is explicitly excluded.
The shipping fees are listed in the "shipping fee" - list and will be listed separately in the invoice.
The fees listed in the "shipping fee" - list are accepted as adequate upon confirming the purchase order.
In case of an order of a certain quantity of products, shipping fees will be borne by Yxaiio. However, such offer shall be under the condition of acceptance by the customer of the delivery and products without revoking the contract. In case of a non-EU delivery and a revocation of the contract of such a delivery, Yxaiio will charge the shipping fees as arisen to Yxaiio upon delivery.
Retention of Title
Yxaiio will retain title of the goods until full payment of the invoice. If the goods are processed, combined or blended, the customer already at this point assigns his ownership rights or co-ownership rights to the new item to Yxaiio.
The customer is not entitled to resell the goods in the ordinary course of business. Any and all reselling needs to be authorized in writing by Yxaiio.
Yxaiio warrants that Yxaiio® is free of any defect. Warranty is assumed in accordance with the relevant legal provisions.
Notices of defects due to apparent defects and quantity variances can only be taken into account if they are recorded immediately upon receipt of the delivery, by no later than three working days.
Only our product description, not advertising or public statements shall be deemed to be the contractually agreed quality of Yxaiio®. Any and all warranty based on advertising and/or any marketing activity is excluded. Any and all liability for loss of profits, punitive damage and subsequent damage is excluded.
All information about our products are provided without guarantee of any sort, expressed or implied, including, but not limited to, the implied warranty for fitness or suitability for any particular use.
In case any national jurisdiction does not allow certain limitations of warranty, such limitation is not applicable.
You recognise and accept that, to the fullest extent permitted by applicable regulations, neither Yxaiio, any of its affiliated companies, nor any other party involved in creating, producing or delivering Yxaiio, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by Yxaiio), capable of arising from the consummation of Yxaiio®.
You are required to read the detailed warning information in respect of Yxaiio® and required to contact a doctor before the consummation of Yxaiio® in case of any doubt.
Yxaiio will only be liable in accordance with the relevant legal provisions if the damage is based on intent or gross negligence, including intent or gross negligence by its agents
Any and all liability for loss of profits, punitive damage and subsequent damage is excluded.
Liability for culpable loss of life, bodily injury or impairment of health shall remain unaffected; this equally applies to mandatory liability under the Product Liability Act.
In case any national jurisdiction does not allow certain limitations of liability, such limitation is not applicable.
Instructions on withdrawal in case of delivery in a EU-country
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Yxaiio GmbH, Wipplingerstraße 15/5, 1010 Wien, E-Mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us (Yxaiio GmbH, Wipplingerstraße 15/5, 1010 Wien), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost 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 establish the nature, characteristics and functioning of the goods.
Exceptions of withdrawal
This right to withdraw the contract ceases upon opening the bottle.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
Right of Revocation in case of delivery in non-EU country
The customer has the right to revoke the contract within 7 working days after having taken delivery of the order. Saturdays are not deemed to be working days. The right to revoke the contract is granted as long as the revocation has been sent to Yxaiio on the last day.
This right to revoke the contract ceases upon opening the bottle.
In case a customer revokes the contract, the entire order has to be sent back without any damage. In addition Yxaiio will charge a reasonable remuneration amounting to a minimum of 10% of the order price for using the purchased items and as a compensation for the decrease in value of the products. Such reasonable remuneration will not fall due if the customer sends back the order within 2 business days without any damage to the bottles.
All shipping fees and costs for resending have to be borne by the customer. The customer herewith agrees that all shipping fees for the delivery of the order will be automatically deducted from the repayment of the purchase price. Packages sent to Yxaiio marked "freepost" will not be accepted. These costs are listed in the invoice and in the respective shipping fee list. In case of a revocation of an order that included the shipping fees, the fees that were actually paid by Yxaiio will be deducted. Upon a written request by the customer, Yxaiio will send a copy of the respective invoice
After receipt of the delivery, Yxaiio will reimburse the customer's payment less shipping fees and any charges imposed by the credit card company.
Place of Performance and Jurisdiction
The place of performance for any and all obligations arising out of the contractual relationship shall be Vienna
The contractual relationship and all rights and claims existing or deriving from it shall be subject to Austrian law.
The uniform law on the international sale of goods is expressly excluded
The place of jurisdiction for all legal disputes arising from the contractual relationship and regarding its existence and/or validity is exclusively the commercial court in Vienna. Yxaiio shall be entitled to take legal action against the customer in any other court having jurisdiction over the customer.
Waiver of jury trial the customer herewith voluntarily and intentionally waives any right he/she may have to a trial by jury in respect if any litigation based heron or thereon, arising out of, or under; or in connection with the purchase of, or consummation of Yxaiio® or any other business relationship with Yxaiio and the customer.
The content of the websites and any and all texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Yxaiio or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Any use of texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes is subject to prior written approval by Yxaiio.
Please check the conditions of privacy declaration.
If any provision of these general terms and conditions becomes invalid, the validity of the other provisions is not affected.
Assurances, collateral agreements, amendments and supplements to these General Terms and Conditions must be in writing, including cancellation of the written form requirement. "In writing" shall mean any communication made by letter, fax or e-mail.
A - 1010 Vienna
Reg. No. 291623h
Commercial Court Vienna