Terms of service
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Returns
5. Prices and Payment Conditions
6. Retention of Title/Rights
7. Delivery and Shipping Conditions
8. Warranty/Liability
9. Redemption of Promotional Vouchers/Promo Codes
10. Place of Jurisdiction/Applicable Law
11. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of
Company: guterrat Gesundheitsprodukte GmbH & Co. KG
Address: Eduard-Bodem-Gasse 6, 6020 Innsbruck, Austria
E-mail: doc@guterrat.net
Telephone: +43 512 296002 (Monday to Friday: 9:00 a.m. - 12:00 p.m.)
apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the delivery of goods. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer is any natural person who conducts a transaction that is not part of their business operations.
1.3 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of 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 in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. After receiving their order, the customer will receive a separate, automated confirmation of receipt of their order(s). Such confirmation does not constitute acceptance of the offer.
2.3 The seller may accept the customer's offer within five business days,
• by sending the customer a written order confirmation or an order confirmation in text form (e.g., email), whereby receipt of the order confirmation by the customer is decisive, or
• by requesting payment from the customer after placing their order.
If both are present, the contract is concluded at the earlier point in time. The period for accepting the offer begins on the day after the customer sends the offer and ends on the expiry of the fifth business day following the sending of the offer. If the seller does not accept the customer's offer within the above period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., by email) after the Customer has submitted their order.
The Seller will not make the contract text available beyond this. If the Customer has created a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the corresponding login data.
2.5 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the order process.
2.6 The German language is available for the conclusion of the contract.
2.7 Order processing and contact are generally carried out 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 to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers residing in the EU have the right to withdraw from the contract.
Distance selling generally grants a right of withdrawal. For further details, please refer to the withdrawal policy: ADD LINK TO CANCELLATION
A distance selling contract is a contract between the seller and a consumer, concluded without the simultaneous physical presence of the seller and the consumer, using exclusively means of distance communication (email, internet, telephone) up to and including the conclusion of the contract.
4) Returns
If you would like to return goods, please contact us by email at info@femidoc.com before returning the goods. We will inform you of the return address and other formalities.
After we receive the goods, we will inspect them and – if everything is in order – refund the amount you paid for them.
As a young company, we cannot cover the costs of return shipping and ask for your understanding.
Please also understand that we can only accept returns of unopened, unused, and undamaged goods.
5) Prices and Payment Terms
5.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory VAT but excluding shipping costs. Any applicable shipping costs will be calculated by entering the recipient's address during the ordering process.
The payment methods accepted by the Seller and the transport service providers used are listed on the subpage under "Payment | Shipping".
6) Retention of Title/Rights
6.1 The Seller reserves title to the goods provided to its customers, whether consumers or entrepreneurs, until full payment of the purchase price owed.
7) Delivery and Shipping Conditions
7.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified during the Seller's order processing is decisive for the processing of the transaction.
7.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the shipping costs if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provisions set out in the Seller's cancellation policy apply to the return shipping costs. Regulation.
7.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
7.4 The seller reserves the right, in the event of incorrect or incomplete proper self-supply. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
7.5 Self-collection is not possible for logistical reasons. In hot temperatures, we advise against delivering packages to packing stations.
8) Warranty/Liability
8.1 The statutory warranty provisions apply.
The seller is liable for ensuring that the goods have the objectively required properties in addition to the contractually agreed properties. This does not apply if the consumer expressly and separately agrees to the deviation of a specific feature from the objectively required properties upon conclusion of the contract, which they do by placing an order after being specifically informed of this deviation in the product description.
In the case of cosmetic products, this may change the smell and/or consistency even within the best-before date without affecting the product or its effectiveness.
If the customer is a business owner, the following also applies:
▪ A minor defect does not generally give rise to warranty claims.
▪ The seller has the choice of how to remedy the defect.
▪ The statute of limitations does not restart if a replacement delivery is made within the scope of liability for defects.
▪ If the customer is a business owner within the meaning of the Austrian Commercial Code (UGB), they are subject to the commercial obligation to inspect and notify defects in accordance with Section 377 of the Austrian Commercial Code (UGB). If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.
The seller's liability is excluded for slight negligence, unless personal injury is involved. These liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.
9) Redemption of Promo Codes
9.1 Promo codes issued free of charge by us, e.g., as part of promotional campaigns with a specific validity period for all or only certain products, and which cannot be purchased, can only be redeemed in our online shop during the specified period.
9.2 Individual products may be excluded from the promotion if a corresponding restriction arises from the content of the promotional voucher.
9.3 Promo codes can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 Only one promo code can be redeemed per order.
9.5 When using a promo code, the value of the goods must be at least equal to the embodied value of the promo code.
9.6 If the value of the promo code is insufficient to cover the order, one of the other payment methods offered by us can be selected to settle the difference.
9.7 Promo codes cannot be redeemed in cash or accrue interest.
9.8 The value of the promo code will not be refunded if you return the goods paid for in whole or in part with the promo code within the scope of your statutory right of withdrawal.
9.9 The code is transferable. We may make payments to the respective holder who redeems the promo code in our online shop with discharging effect. This does not apply if we have knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of authority to represent the respective holder of the code.
10) Place of Jurisdiction/Applicable Law
10.1 The law of the Republic of Austria shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. For deliveries to consumers with their domicile or habitual residence in the EU, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10.2 In relation to businesses, the competent court at the Seller's registered office is agreed as the exclusive court of jurisdiction.
10.3 The place of performance is the Seller's registered office.
11) Alternative Dispute Resolution
11.1 The EU Commission provides an online dispute resolution platform 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 sales or service contracts involving a consumer.
11.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.