AGB

General Terms and Conditions of Prof. George Birkmayer NADH GmbH ("NADH Austria" for short)

The General Terms and Conditions shall apply to legal transactions between entrepreneurs as well as to consumer transactions within the meaning of § 1 KSchG.

1. scope

• 1.1 The following terms and conditions apply exclusively to all deliveries and services of NADH Austria, namely in the version valid at the time of the conclusion of the contract. Deviations from these as well as other supplementary agreements with the customer are only effective if they are confirmed by us in writing. Upon placing an order or submitting an order to NADH Austria, at the latest upon acceptance of our delivery, our terms and conditions are considered accepted by the customer.
  
  
• 1.2 Any terms and conditions of the customer shall not be accepted unless expressly agreed otherwise in writing. A special objection to the customer's terms and conditions by us is not required.
  
  
• 1.3 Declarations addressed to NADH Austria must be in writing (including fax) to be legally effective. Declarations by employees are only binding if they are confirmed in writing by authorized representatives. This does not apply to consumers, for whom § 10 para 3 KSchG applies, which is why informal declarations in consumer business are also effective.
  
  
• 1.4 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes closest to its meaning and purpose.

2. goods order, contract conclusion

• 2.1 Goods can be ordered either via the Internet by filling out and submitting the web order form, by sending an order form by fax, by mail or by telephone. Furthermore, NADH Austria reserves the right to accept only orders in household quantities.
  
  
• 2.2 In the case of goods ordered electronically, we will confirm receipt of the customer's order. However, the confirmation of receipt does not constitute a binding acceptance of the order. Rather, the acceptance of the order shall only be effected by dispatch of the ordered goods, unless an express written acceptance of the order is made in individual cases; in each case within 30 days of receipt of the order by us. After expiry of this period, the customer is no longer bound and the purchase contract is deemed not to have been concluded.
  
  
• 2.3 All offers of goods and information on offers of goods are always subject to change and non-binding with regard to the provision or availability of the goods.

3. right of withdrawal for consumers

• 3.1 If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) and if the contract is to be qualified as a distance selling transaction because it was concluded exclusively using one or more means of distance communication, such as telephone, letter, fax, e-mail or via the online store of NADH Austria, the customer shall be entitled in accordance with § 11 FAGG to withdraw from the concluded contract or a submitted contractual declaration within fourteen calendar days without giving reasons and in principle without incurring costs (sending the declaration of withdrawal within the period by electronic or other means is sufficient). The period begins on the day the goods are received by the customer. The day on which the period begins (receipt of the goods) shall not be counted. The mere uncommented return of the goods is not sufficient for withdrawal. The intention to withdraw must be clearly stated in the consumer's declaration.
  
  The withdrawal must be addressed to:
  Prof. George Birkmayer NADH GmbH
  Schwarzspanierstraße 15/1/7
  A-1090 Vienna
  
  You can reach our customer service at:
  Phone: +43 (0) 13616996
  Fax: +43 (0) 136169 96 - 11
  E-mail: office@nadh-austria.at
  
  For goods delivered in sealed packaging, there is no right of withdrawal for reasons of health protection and hygiene in accordance with § 18 FAGG if the goods have been unsealed after delivery. In the event of withdrawal, NADH Austria must refund the payments made by the customer within 14 calendar days of receipt of the returned goods.
  
  
• 3.3 In the event of withdrawal, the customer shall return the object of purchase received without delay, at the latest within 14 calendar days from the submission of the declaration of withdrawal. The customer shall pay NADH Austria an appropriate fee for the use, including compensation for any associated reduction in the fair market value of the object of purchase. If withdrawal is permissible, NADH Austria shall send the customer a freeway stamp after withdrawal, with which the goods can be returned free of charge. If the customer returns the goods to NADH Austria without a freeway stamp, the proof of posting from the post office must be kept as proof of the return. The return shipment is therefore only free of charge for the customer if he uses the freeway stamp provided for the return shipment. 

4. prices, terms of payment, retention of title

• 4.1 The prices stated are gross prices in Euro including Austrian VAT at the statutory rate, excluding costs for packaging and shipping. Shipment shall be made at the expense and risk of the customer ex works / warehouse. In case of obvious writing, printing and/or calculation errors as well as price changes by our supplier of more than 5%, we are entitled to withdraw from the contract as long as not completely fulfilled on both sides.
  
  
• 4.2 The list prices and conditions that are listed in the selected, current order medium (e.g. catalog or Internet store www.birkmayer-nadh.com) at the time of the order shall apply. Prices or conditions granted in the context of special promotions (e.g. via advertisements, brochures, catalog, website www.birkmayer-nadh.com or via e-mail newsletter) are valid for a limited period of time, at the earliest with the announcement of the promotion by NADH Austria.
  
  
• 4.3 The following costs shall be charged separately for packaging and shipping: The shipping costs are € 7.08 gross within Austria and € 10.32 gross within Germany up to an order value of € 250.00 gross, above that free shipping. For all other countries the shipping costs vary.
  
  
• 4.4 The purchase price shall be due for payment in advance and without deduction upon ordering, unless special terms of payment are agreed in writing in individual cases.
  
  
• 4.5 The purchase price is, if the customer chooses the payment method "cash in advance", due for payment in advance without deduction with the order. If payment is made in advance, delivery shall be made after receipt of the full invoice amount on our account. In the case of payment by credit card, we may already charge the credit card at the time of the order and debit the full invoice amount in the case of partial deliveries. Without prejudice to a granted term of payment, NADH Austria has the right, if the customer is in default of payment or circumstances become known after conclusion of the contract, from which a significant deterioration of the customer's financial situation arises, to make all outstanding deliveries only against immediate cash payment. Transfers are to be made in favor of the following account, stating invoice number and customer:
  
  Account holder: Prof. George Birkmayer NADH® GmbH
  Account number: 11684545
  Bank code: 32000
  Bank: Raiffeisenlandesbank NÖ-Wien AG
  IBAN: AT95 3200 0000 1168 4545
  SWIFT | BIC: RLNWATWW
  
  
• 4.6 If the customer is in default of payment, default interest in the amount of 12% p.a. above the base interest rate applicable on the day after the due date or higher statutory default interest shall be charged. Furthermore, in the event of default of payment, the customer undertakes to reimburse NADH Austria for the dunning and collection expenses incurred, insofar as they are necessary for appropriate legal prosecution. In any case, this includes the costs of two reminder letters in the amount of EUR 15.00 each, as well as a reminder letter from a lawyer commissioned with the collection. We reserve the right to assert further rights and claims. If payment in installments has been agreed, NADH Austria reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or ancillary claims are not paid on time (loss of deadline).
  
  4.7 The customer may only offset against claims of NADH Austria if his counterclaim has been recognized by us in writing or established by a court of law. The same shall apply in the event of NADH Austria's insolvency. In the case of a consumer transaction under the Austrian Consumer Protection Act (KSchG), offsetting pursuant to § 6 (1) no. 8 KSchG is also permitted if the consumer's counterclaim is legally related to the consumer's liability, has been established by a court or recognized by NADH Austria.
  
  4.8 The goods delivered by NADH Austria shall remain the property of NADH Austria until full payment of the purchase price including all ancillary liabilities.
  
  

5. delivery of goods, delivery

• 5.1 In case of shipment, the risk shall pass to the customer as soon as we have handed over the goods to the carrier selected by us. If the customer is a consumer as defined by the Austrian Consumer Protection Act (KSchG), the risk shall only pass to the customer at the time the goods are handed over.
  
  
• 5.2 Unless otherwise agreed or stated, we shall carry out deliveries without unnecessary delay, in any case within 30 days after the order (in case of prepayment: after receipt of payment). Stated delivery or performance deadlines are only approximate and non-binding. Partial deliveries are permissible. The additional costs associated with partial deliveries are borne by NADH Austria.
  
  
• 5.3 If NADH Austria's delivery/service is delayed for reasons for which NADH Austria is not responsible, as well as in the event of force majeure and other unforeseeable events that cannot be averted by reasonable means, the delivery obligations shall be suspended for the duration and to the extent of the impediment and the deadlines shall be extended accordingly. If such delays last more than two months, the customer and NADH Austria are entitled to withdraw from the contract. Payments already made will be refunded. If NADH Austria is in default for which it is responsible, the customer may only withdraw from the contract after he has set NADH Austria a grace period of at least 14 days in writing and this has expired fruitlessly.
  
  
• 5.4 If a product is not available, the customer will be informed of this without delay and the contract will not be concluded in this case or NADH Austria - if the contract has already been concluded - will be exempt from performance. If an outstanding partial delivery is finally not available, the customer will be informed immediately. The fee to be paid in this case is reduced accordingly by the missing value of the goods. The remaining contractual relationship remains unaffected.
  
  
• 5.5 Claims for damages by the customer due to non-performance or delay shall be excluded, except in the case of evidence of intent or gross negligence.
  
  
• 5.6 Replacement deliveries are permissible if a particular item is not available. NADH Austria will then send an item of equivalent quality and price as a replacement. If the customer is not satisfied, the replacement item can be returned at the expense of NADH Austria.
  
  
• 5.7 If NADH Austria, as a gesture of goodwill, accepts the return of goods delivered by it in an unopened and undamaged condition, a handling fee of 20% of the value of the goods will be charged. No legal obligation can be derived from this concession on the part of NADH Austria.

6 Warranty, liability 

• 6.1 All information and data contained on our Internet pages or in our brochures have been carefully researched and checked by specialists of NADH Austria or third parties. They serve the customer for general information and are non-binding. The same applies to all general verbal and written information about application possibilities and effectiveness of the products. This information can in no way replace an examination and treatment by a doctor.
  
  
• 6.2 If there is a right to warranty as a result of a defect, NADH Austria first undertakes to exchange the goods. Should the exchange fail, the customer is entitled to demand a reduction in the purchase price or to withdraw from the contract. In the case of exchange, the item complained about is to be returned with sufficient postage. In the case of a justified defect, NADH Austria will refund the shipping costs. For clear identification, allocation and processing of the subsequent delivery, a copy of the invoice or a letter stating the customer and invoice number is to be enclosed.
  
  
• 6.3 The warranty period vis-à-vis consumers within the meaning of the KSchG shall be 2 years from knowledge of the defect. For entrepreneurs, the warranty period is limited to 6 months from delivery of the goods. The right of recourse against NADH Austria according to § 933b Abs 1 ABGB expires one year after delivery/service.
  
  
• 6.4 In cases of slight negligence, liability of NADH Austria for property damage or financial loss of the customer is excluded, regardless of whether it is direct or indirect damage, loss of profit, damage caused by a defect or consequential damage caused by a defect. The customer must prove the existence of gross negligence on the part of NADH Austria. The exclusion of liability does not apply in the case of a liability for damages according to the PHG. Possible recourse claims of customers or third parties against NADH Austria from the title "product liability" according to PHG are excluded, unless the person entitled to recourse proves that the defect was caused by NADH Austria and was at least caused by gross negligence.
  
  
• 6.5 The customer undertakes to use the goods only within the scope of what is contractually and/or legallypermitted by contract and/or law and to strictly comply with any conditions of use.
  
  
• 6.6 NADH Austria assumes no liability for technical malfunctions in the operation of the online store. NADH Austria also reserves the right to discontinue operation at any time; however, this is without prejudice to proper processing of contracts that have already been concluded.
  

7. industrial property rights and copyrights

• 7.1 Documents handed over by us may not be made accessible to third parties or duplicated or used other than for 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 www.birkmayer-nadh.com website are protected by copyright. The reproduction of information or data, in particular the use of texts, parts of texts or images, requires the prior consent of NADH Austria.

8. data protection

• 8.1 In accordance with § 24 Data Protection Act (DSG) 2000, the customer is informed that his personal data such as, in particular, name, address, telephone number, information on goods ordered by the customer as well as information on the billing and payment methods are processed for the purpose of contract management and for the preparation of invoices and statistics within the meaning of § 8 para 3 no. 4 DSG 2000.
  
  
• 8.2 The customer agrees, subject to revocability at any time, that NADH Austria may automatically determine, store, process and otherwise use the data disclosed by the customer (name, address, e-mail, account data) for purposes of contract fulfillment and customer care and send the customer electronic mail for information and advertising purposes. NADH Austria will not transfer this data to others without the customer's consent, except in the case of legal obligations.

9 Place of performance, applicable law, place of jurisdiction

• 9.1 The place of performance for all services and mutual obligations arising from this contract shall be the registered office of NADH Austria.
  
  
• 9.2 The contract and all claims derived therefrom shall be governed by Austrian substantive law, excluding the UN Convention on Contracts for the International Sale of Goods.
  
  
• 9.3 The place of jurisdiction for all legal disputes in connection with this contractual relationship shall be the competent court for Vienna, Innere Stadt; provided that the customer is not a consumer as defined by the KSchG. For consumers, § 14 KSchG shall apply, which is why the court of the district at the place of residence or place of habitual abode shall have jurisdiction.