General Terms and Conditions
of ComplexCore GmbH

(as at  01.07.2013)
 

1. Scope of Application

1.1 The objective General Terms and Conditions apply to all contracts closed by ComplexCore GmbH in those cases where ComplexCore GmbH acts as a seller of goods, especially books, posters, other data carriers such as CD ROMs, DVDs or Downloads.

1.2 By placing or submitting the order (in particular by clicking on the button „I confirm my order” resp. “Ich bestätige meine Bestellung”) the Customer (hereafter referred to as Customer) declares that he/she agrees to these General Terms and Conditions as well as to make them a subject matter of this contract of purchase. The General Terms and Conditions are exclusively applicable insofar as they are not changed or amended in a special agreement explicitly and in written form.  Should the Customer have their own General Terms and Conditions, these are therefore excluded in their entirety and the General Terms and Conditions of ComplexCore GmbH are exclusively applicable.

1.3 In the event of any discrepancy between individual regulations of the General Terms and Conditions of ComplexCore GmbH and mandatory statutory provisions, the rest of the regulations of these General Terms and Conditions remain applicable.

2. Conclusion of the Contract

2.1 Insofar as prdcts are offered on the homepage, or respectively, in the web shop of ComplexCore GmbH, all offers are made „without obligation“ and only represent an invitation  for the Customer to submit a corresponding offer for the purchase of the products.

2.2 In the event that a Customer buys goods via the homepage www.complexcore.at or via the web shop of ComplexCore GmbH, by clicking on the button “I confirm my order” resp. „Ich bestätige meine Bestellung” the Customer submits a binding offer for the conclusion of a contract with ComplexCore GmbH.

2.3 Sending the order confirmation to the Customer represents legal acceptance of the order, wherewith the contract is effectively concluded.

2.4 Should fulfillment of the contract prove to be impossible, money that has already been paid is immediately refunded. Any further claims of the Customer concerning the impossibility to fulfill the contract on the part of ComplexCore GmbH are excluded.

3.        Right of Withdrawal for a Consumer

3.1 Should the Customer be a consumer in terms of § 1 of the Austrian Consumer Protection Act, the Customer may legally withdraw from the contract within a period of seven workdays, in which Saturday does not count as a workday, without having to state a reason. The letter of resignation must be sent within the period mentioned above.

3.2 In the event of a withdrawal the Customer must return the received goods immediately. In return, should the Customer have already paid a purchasing price, ComplexCore GmbH must refund this purchasing price. Any costs arising from returning the goods must be paid by the Customer.

3.3 The differentiation between consumer and   entrepreneur is made as defined by the Austrian Consumer Protection Act.

4. Payment, Delay and Shipping

4.1 In addition to the purchasing price, the Customer must pay the arising shipping costs displayed during the order transaction in the web shop as well as the valid legal fees/taxes, in particular the value added tax.

4.2 Payment of the purchasing price plus the shipping costs and fees is only allowed with the payment options offered within the scope of the order transaction, in particular via PayPal.

Should the Customer, despite a legally effective contract of purchase, fall behind with the payment of the purchasing price to such an extent that the amount payable as per order is not or not completely received by ComplexCore GmbH or refunded to ComplexCore GmbH within four weeks after transmission of the order confirmation, ComplexCore GmbH has the right, after expiration of this deadline, to partially or completely withdraw from the contract of purchase at any time by sending a written statement to the (email) addresses stated during the order transaction.

4.3 Shipping of goods to the Customer to the delivery address stated within the scope of the order transaction, or respectively, provision of the download in favor of the Customer occurs only after complete, irrevocable receipt of payment at ComplexCore GmbH.

5. Warranty and Compensation

5.1 Insofar as a delivered good is faulty, the claims of Customer comply with the warranty according to the legal regulations.  In particular a claim (as defined by § 377 UGB) must be made. For this purpose the Customer must inform ComplexCore GmbH, within a period of 10 days after receipt of the goods, of the concretized fault in written form (via mail, fax or email) and, as far as possible, to document the claim with a (digital) photo.

5.2 In all events, ComplexCore GmbH may, at its own option, primarily resolve the claim by means of replacement and/or improvement. This also applies in the case that one or more improvements are necessary. 

5.3 Claims of Customer, in particular compensation for consequential harm caused by the defect or loss of profit, particularly due to faulty, delayed or  omitted delivery, are only valid if the damage is based on blatant gross negligence or intent on the part of ComplexCore GmbH.

5.4 Product Liability: It is hereby explicitly stated that the exercises presented and described in the Products/Goods of ComplexCore GmbH alwayshave to be performed with regard to the training and health level of the respective actual exerciser and that their performance assumes an enhanced basic understanding for the human anatomy.  

If you should have any questions regarding the appliance or performance of the exercises, please contact a medical doctor or a physical therapist.

Insofar as the regulations of the Austrian Consumer Protection Act apply for the products of ComplexCore GmbH, the disclaimers therefor enshrined by the law apply as well.

5.5 In the event that the exercises presented in the products are not performed appropriately, ComplexCore GmbH does not assume any liability and all claims of any kind are excluded.

6. General

6.1 It is understood that the Austrian law is applicable. National as well as other reference provisions (in particular of IPRG and the Rom I-Regulation) as well as the United Nations Convention on Contracts for the International Sale of Goods do not apply.

6.2 Contract‚ order and business language is either German or English.

6.3 Place of fulfillment is 5020Salzburg.

6.4 Furthermore, the exclusive jurisdiction in case of litigation is the respective court of justice in Salzburg, provided that the Customer is not a consumer in the terms of § 1 of the Consumer Protection Act.

6.5 Modifications and amendments of these General Terms and Conditions as well as all contracts concluded on its basis must be made in written form.

6.6 Insofar as the Customer is a consumer as defined by the Consumer Protection Act, the matters of warranty and claims are subject to the legal regulations of the Civil Law Code, or respectively, the Consumer Protection Act.

6.7 For the conclusion and settlement of the contracts of purchase that are concluded via the homepage www.complexcore.at and/or via the web shop of ComplexCore GmbH, it is necessary to store the information entered during the order transaction which is necessary for the correct settlement. This information and data are only stored for the purpose of ComplexCore GmbH, to be able to process and correctly settle their orders. This information is not made available or passed on to third parties.


Imprint

ComplexCore GmbH
Roman Jahoda, CEO
Ulrike-Gschwandtner-Straße 6
5020 Salzburg
Austria

E-Mail: office@complexcore.at
Tel.: +43 664 2260788

VAT number: ATU 67986815
FN 397215s, Landesgericht Salzburg
Member of Wirtschaftskammer Salzburg, associated to Wirtschaftskammer Österreich (WKO)

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Information

Online Dispute Resolution in accordance with Article 14, Section 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS) that may be found here: http://ec.europa.eu/consumers/odr/