General Terms and Conditions
§ 1 General and Scope
(1) These General Terms of Conditions (hereinafter referred to as „GTC“) apply to all business relationships between the 360vital GmbH, Bundesstraße 5, 8833 Teufenbach, Styria, Austria, and its customers in the version that was in effect upon execution of the contract, whether the contract was concluded by the SMYLEAN webshop, the SMYLEAN App, by E-Mail or any other electronic means. This GTC might be printed or stored by clients of 360vital GmbH.
(2) Any terms and conditions of the costumers that deviate from the present document shall only apply if the 360vital GmbH explicitly agreed to it in written form.
(3) SMYLEAN is a brand of the 360vital GmbH. Products of the brand SMYLEAN are dietary supplements, training aids, equipment for health care and a digital App for iOS and Android.
(4) Both consumers and businesses are deemed to be costumers under § 1 KSchG. A consumer is any natural person for whom the purpose of the order is not attributable to a commercial trading, self – employment, or freelance activity. A business, however, is a natural or legal entity, or a legally capable partnership that places orders for purposes of commercial trading, self-employment, or freelance activities.
§ 2 Orders
(1) Customers can buy products that are presented in the webshop SMYLEAN.com. The presentation of the products in the webshop does not constitute a binding offer. You are thereby merely requested to make an offer by placing an order.
(2) When one or more products are selected, they are placed in the virtual shopping basket. All of the selected products may be viewed in the shopping basket. The number of products being ordered may also be changed there; and a product that has been included in the order may be removed. When you click the “Checkout” button, you will be asked to enter the information needed for delivery and to select a payment method. Before the order is concluded, you will see a summary of all the information that is relevant to the order. When you press the “Buy Now” button, the ordering process will be ended and the order will be sent.
(3) By submitting an order in the webshop you are making a binding offer with the aim of concluding a sales contract. By submitting an order you also affirm that solely these Terms and Conditions govern the legal relationship with us.
(4) We shall confirm the receipt of your order by sending a confirmation email. However, this order confirmation does not yet constitute acceptance of the contract offer by us. It merely serves to notify you that the order has been received.
(5) Notification that the contract offer has been accepted shall be provided by shipping the merchandise or by giving express notice of acceptance.
§ 3 Prices & Payment and Reservation of Ownership
(1) All of the stated prices include the Austrian statutory value-added tax but no other supplementary work. Any deviation shall be in written form.
(2) We offer different payment methods that can be selected in the order process of the webshop.
(3) The payment is due immediately when the contract takes effect. The accounting entry is the signal for the shipping process of the merchandise.
(4) The business costumer has the right to offset, only if his claim was legally established and explicitly acknowledged in writing.
(5) We retain ownership of the merchandise being purchased until the invoice is fully paid.
§ 4 Delivery
(1) The merchandise shall be delivered to the stated address. Delivery is only to destinations within the European Union. If the merchandise cannot be delivered as a result of reasons for which you are responsible, you shall bear the resultant costs.
(2) The shipping of products marked as “available for immediate delivery” shall be provided within 3 business days.
(3) Products that cannot be delivered immediately shall be booked and you shall be informed about the day of availability.
(4) If the merchandise cannot be delivered as a result of force majeure, we are entitled, to carry out advanced or part deliveries and to charge them.
§ 5 Right of Withdrawal
(1) If we cannot deliver the products that were ordered due to gross negligence and despite an additional delivery period, you are entitled to withdraw from the contract.
(2) If the necessary products for the production of the dietary supplements are not available we shall be entitled to withdraw from the contract.
(3) Supply shortage due to our suppliers entitle us to withdraw from contracts with business customers. In this case you shall be immediately informed, that the product is not available and the purchase price shall be immediately returned.
(4) You have the right of withdrawal if products were delivered, whose termination date lies less than 2 months in the future from the date of shipment.
(5) Costumers within the meaning of Directive 2011/83/EU have the following rights of withdrawal:
You have the right to cancel this contract within fourteen days without stating the reason(s) why.
In the event of a sales contract, beginning with the day on which you or a third party designated by you, who is not the carrier, will take possession or has taken possession of the merchandise. In the event of a contract pertaining to a number of merchandise items that were ordered in a single order and that are delivered separately, beginning with the day on which you or a third party designated by you, who is not the carrier, will take possession or has taken possession of the last merchandise.
To exercise a right of cancellation, you must inform us by means of a clearly stated declaration incl. your name and the order number, of your decision to cancel this contract (for example, by using the contact form on SMYLEAN website). To comply with the cancellation time limit, it is sufficient if you send the notification regarding the exercise of your cancellation right before the cancellation time limit has expired.
(6) Consequences of the cancellation:
If you cancel this contract, we must pay back all payments that we have received from you, including the delivery charges promptly and at the latest within 14 days from the day on which we received the goods that we have been sending out to you bafore. We use the same payment method for this repayment as the one that you used in the original transaction, unless otherwise expressly agreed to with you; in no case will you be charged for expenses arising from this repayment. We may refuse repayment until we have received the merchandise or until you have provided documented verification that you have returned the merchandise, whichever takes place first. You must return or transfer possession of the merchandise promptly - in any event no later than within 14 days from the day on which you purchased the products in the webshop. The time limit is granted when you send back the merchandise before the time limit of 14 days has passed.
(7) There is no right of withdrawal for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. SMYLEAN products are protected from manipulation by a silver holographic security sticker applied on the carton box that shows the SMYLEAN icon in its center. Removing or modifying this stickers leads to the cancellation oft he right of withdrawal.
§ 7 Warranty, Liability
(1) Delivered goods shall be examined immediately after takeover. By the examination recognizable defects shall be objected in written form immediately after takeover. Concealed defects shall be objected in written form within two days after recognition. Otherwise the defect shall be considered as approved. The assumption rule of § 924 Abs 2 ABGB is not applicable.
(2) If a defect is objected in due time, the product shall be replaced for free or a credit advice shall be granted. A right to return or replacement of damaged sealings due to reasons of wrong stocking does not exist.
(3) We are not liable for damages due to inappropriate usage of the products.
(4) Dietary Supplements:
The products of the brand SMYLEAN are dietary supplements and no medication or pharmaceuticals in the sense of the Austrian Pharmaceuticals Law.
Dietary Supplements means foodstuffs the purpose of which is to supplement the normal diet and which are concentrated sources of nutrients or other substances with a nutritional or physiological effect, alone or in combination, marketed in dose form, namely forms such as capsules, pastilles, tablets, pills and other similar forms, sachets of powder, ampoules of liquids, drop dispensing bottles, and other similar forms of liquids and powders designed to be taken in measured small unit quantities (Art 2 lit a NEM-RL).
The contents of our website, including any nutrition and diet recommendation plan, recipes or any other information aim to explain the diet specific and physiological processes of the offered dietary supplements. The contents are for informational purpose only and are not intended to substitute for professional medical advice, diagnosis or treatment. We provide no expertise in diagnosing, examining or treating medical conditions of any kind.
We recommend that you consult with a doctor before beginning the intake of dietary supplements. Customers who suffer from chronical diseases, allergies, infections or are under 18 years old, should contact their doctor before the intake of our dietary supplements, who has profound knowledge about dietary supplements. Only a doctor with profound knowledge about dietary supplements is able to evaluate potential side-effects or interactions with other medication. Before the intake of dietary supplements you should read the warnings and guidelines. The recommended daily dose of dietary supplements has no negative side-effects. If side-effects occur because of individual intolerance, we do not take legal responsibility. Dietary supplements are no replacement for a diversified, balanced nutrition and a healthy way of life.
(5) Nutrition, fitness and mental training: The nutrition recipes as well as the physical and mental trainings offered by SMYLEAN with printing material or the SMYLEAN App are only support for your individual nutrition and fitness plan.
You must be in good general condition before you follow our physical and mental trainings. If you have any concerns or questions regarding your health you should always contact your doctor, particularly if you have a personal or family history of blood pressure, heart disease, chest pain, high cholesterol, obesity, bone or joint problems or if you are pregnant.
Before following our recommended fitness trainings you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with our recommendations concerning physical and mental trainings, you agree that you do so at your own risk.
We do not take legal responsibility for any physical or mental injuries in connection with our dietary supplements, nutrition recipe suggestions, fitness and mental trainings.
(6) Our Website or Apps may contain links which are hosted by third parties. The content displayed on those sites is not the responsibility of us and we do not endorse or approve of these external websites or any services that are provided by those websites. You agree that your choice to visit third party websites is undertaken at your own risk.
§ 8 Intellectual Property Rights
(1) All content of the Websites and Apps are protected by copyright and for private use only. Every usage or distribution conflicting with copyright law or trademark protection law without our previous consent is forbidden.
§ 9 Data Protection
(1) We follow the data-protection rules governed by the Austrian Data Protection Law (DSG 2000). We collect personal information which you provide to us including your name, address, postal address, email address, details of the products you have purchased, any additional information you provide to us through use of our websites and apps as customer number, telephone number and bank data. We do not transfer your personal data – with the exception of Point 3 – to third parties without your explicitly expressed consent.
(2) The data of every order is available in your user account. Especially to ease follow-up orders.
(3) If we deliver the merchandise through third parties, the third-party suppliers used by us will only collect, use and disclose your information to the extent necessary to deliver the merchandise.
(4) You have the right to inspect your personal information. You always have the right to request via message that we delete your personal data. In that case we are obliged to delete every personal data of you held by us, except your personal data is necessary to complete an order or we are obliged to storage your personal data due to tax law reasons. In both cases your personal data shall be blocked and deleted as soon as possible.
(5) We have the right to use your health-related data anonymously for further development of our products and services, as well as for scientific purposes and to publish and exploit the results. You give your consent by pressing the button “I declare my consent to the usage of my health-related data in anonymous ways”. Your declaration of consent can be withdrawn at any time. With your withdrawal the usage of your health-related data is forbidden.
§ 10 Final Provisions
(1) The contract language is German.
(2) The laws of Austria shall apply to the contractual relationships between the 360vital GmbH and its customers under exclusion of the referral norms of the Austrian IPRG law and UN commercial law.
(3) The jurisdiction for all disputes arising from the contractual relationship between the costumer and the 360vital GmbH will be within the courts authority were the residence, habitual residence or place of employment of the costumer lies. If the costumer is a business costumer the jurisdiction is within the courts authority where the principal place of business of the 360vital GmbH is.
(4) If any term of the General Terms and Agreements is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. The same applies in the case that the General Terms and Agreements prove to be incomplete.