GENERAL TERMS AND CONDITIONS
general terms and conditions Sacherei e.U. ("SHAMAMA")
1. scope of application
1.1 These General Terms and Conditions shall apply to the sale and delivery of goods by SHAMAMA (Sacherei e.U.) with its registered office and business address in 4203 Altenberg bei Linz, Altenbergerstraße 189.
1.2 Deviating terms and conditions of the buyer shall only be valid if SHAMA agrees to them in writing and manufactured by the company.
1.3 By placing an order, the Buyer agrees to these General Terms and Conditions and is bound by them.
2.1 All offered products and applied methods are energetic on an energetic level and are no substitute for medical diagnosis and therapy and no substitute for psychological or psychotherapeutic examination or treatment. In case of doubt, please contact a doctor or therapist.
2.2 I expressly declare to the buyer that I am not authorized to perform medical activities. I do not cover any medical professional fields which, according to legal requirements, are reserved for the medical professions, the psychotherapeutic professions, the physiotherapeutic services as well as activities which are reserved for the regulated trades such as life and social counselling (also: nutritional counselling), massage, cosmetics (beauty care).
2.3 The buyer declares of his own free will to make use of the assistance and to provide all information in connection with the survey of the energetic condition on his own initiative, on the one hand to inform about the fact that medical treatments are carried out in parallel or, for example, that a pregnancy exists or other impairments which are important for the survey of the energetic condition.
3.1 Prices are ex SHAMAMA's warehouse without any deductions. All expenses incurred in connection with shipment, including any import or export duties, shall be borne by the Buyer.
The actual delivery costs incurred will be displayed in the shopping basket after correct selection and invoiced to the Buyer. The above amounts may be unilaterally changed by SHAMAMA for future contracts at any time.
3.2 The prices quoted in catalogs, brochures, price lists etc. are always subject to change without notice unless expressly stated otherwise in individual cases. For repeat orders the prices are not binding.
3.3 The prices are based on the costs at the time of the initial price offer. Should costs change by the time of delivery, SHAMA shall be entitled to adjust prices accordingly.
3.4 Point 2.3 does not apply to transactions with consumers within the meaning of the Consumer Protection Act.
4. payment and down payment
4.1 The purchase price is due at the latest upon delivery of the goods. This shall also apply to partial deliveries where the purchase price is payable for the respective partial quantities delivered.
If delivery with delivery has been agreed, this and any transport insurance requested by the Buyer shall be invoiced separately. The payment for this is due upon delivery of the goods. If the invoiced price is not paid in full upon delivery, the bearer of the goods is entitled to take them back at the expense of the buyer. Justified complaints do not entitle the buyer to withhold the entire invoice amount, but only a reasonable part of it. In the case of transactions with consumers, the latter may refuse payment if SHAMAMA has failed to deliver the goods in accordance with the contract or if the delivery is jeopardized by their poor financial circumstances, which were not known or need not have been known to the consumer at the time the contract was concluded. If SHAMA offers adequate security, this right to refuse payment shall not apply.
4.2 SHAMA retains title to all goods until the purchase price, including any additional charges, has been paid in full.
3.3 When an order is placed, a deposit of 25% of the order value is payable. The down payment must be paid within 14 days.
4.4 Payments to SHAMAMA's personnel will only be accepted if they are confirmed by a cash receipt.
4.5 If the Buyer is in default of payment or other performance, SHAMA:
postpone the fulfilment of its own obligations until the payments or other services in arrears have been effected, make use of an appropriate extension of the delivery period, make the entire purchase price or any outstanding purchase price immediately due (loss of deadline); this also applies if payment by instalments has been agreed upon with the consumer, provided that SHAMAMA has already rendered its services, at least one overdue service of the consumer has been due for at least 6 weeks and SHAMAMA has unsuccessfully reminded the consumer under threat of losing the deadline and setting a grace period of at least 2 weeks, interest on arrears of 6% above the prime rate of the Austrian National Bank, at least 10% per year, plus value added tax and withdraw from the contract in the event of non-compliance with a reasonable period of grace, as well as to demand from the Buyer the reminder and collection expenses incurred, insofar as they are necessary for appropriate legal prosecution, whereby the Buyer undertakes in particular to reimburse a maximum of the fees of the collection agency involved, which result from the BMWA regulation on the maximum rates of the collection agencies. In addition, any further damage, in particular damage resulting from the fact that SHAMAMA has to pay correspondingly higher interest on any credit costs as a result of non-payment, shall be compensated irrespective of whether SHAMAMA is at fault for the delay in payment.
4.6 Any discounts or bonuses granted are subject to a condition precedent upon receipt of full payment. If payment is made with vouchers, no credit note can be issued for any remaining amounts. The redemption period for goods vouchers/shopping vouchers etc. shall depend on the date indicated on the goods vouchers/shopping vouchers etc.
4.7 Discounts and rebates do not apply to subscriptions, competitions of any kind or goods that have already been reduced. Discounts, rebates and special offers are only applicable to the purchase of normal household quantities.
4.8 In the event of delay in the payment of invoices up to an amount of EUR 365,-, a reminder letter will be sent to the Buyer to pay the outstanding purchase price and a processing fee of 10% of the purchase price, but at least EUR 7.30. If the Buyer fails to pay this amount by the date specified in the reminder letter, SHAMAMA shall be entitled to bring an action for default immediately.
4.9 For transactions with consumers within the meaning of the Consumer Protection Act, item 4.4 and item 4.5 last bullet point do not apply.
5. transfer of risk
5.1 In the event of delivery of the goods by SHAMAMA, the goods shall be handed over at the point which can be reached by the tail-lift or the crane of a truck and the use and risk shall pass to the customer or its representative at the latest upon handover.
6. TAKING BACK THE GOODS
6.1 SHAMAMA is prepared, until revocation, to take back goods purchased from it against reimbursement of the full purchase price under the following conditions The return must be made within 10 days of the invoice date, in original packaging, undamaged and with the original invoice presented. Marked special offers will only be taken back in the total quantity purchased. The return is made at the price valid at the time of the original purchase. The refund of the purchase price will be in the form of a credit note. This expressly excludes ordered goods, exhibition articles, find pit articles, residual items and partial quantities from packaging units, partial quantities from sets.
6.2 If the Buyer is a consumer within the meaning of the Consumer Protection Act and has placed his order via the Internet online store, he may withdraw from the purchase contract in writing or by returning the goods within seven days of delivery in accordance with Sections 5e - 5h of the Consumer Protection Act and in derogation of Section 5.1. The withdrawal does not require any justification, but must only be sent in due time. The buyer will be refunded the already paid purchase price against return of the goods, but has to bear the costs of the return shipment.
7. orders, delivery period, obstacles to delivery, withdrawal from the contract
7.1 SHAMAMA accepts orders via the Internet Online Shop. When placing an order, the customer must state a desired delivery date as well as an alternative date. The customer is obliged to ensure that the goods ordered are properly taken over on these dates.
7.2 Delivery shall be made by SHAMAMA or an authorized forwarding agent during normal business hours. In the event of non-acceptance of goods ordered, SHAMA is entitled to demand compensation for any additional expenses incurred, such as frustrated transport costs. This does not apply if SHAMA does not provide its services in accordance with the contract.
7.3 The acceptance of orders is subject to the availability of delivery. SHAMAMA reserves the right to allocate smaller quantities to purchasers if a product is oversubscribed. If a product is not available, other products may be used. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances beyond SHAMA's control, the obligation to deliver will lapse or the delivery time will be extended by the duration of these obstacles. Circumstances for which SHAMA is not responsible include in particular Difficulties in obtaining goods or raw materials from third parties, in the case of subscriptions, the late release of the goods by SHAMAMA's supplier, operational disruptions (also at SHAMAMA's suppliers), traffic disruptions, lock-outs and strikes and all cases of force majeure. In transactions with consumers, only objectively justified and minor changes, which do not affect the price, are permitted. This applies in particular to reasonable delivery delays and the like.
7.4 SHAMAMA shall be entitled to withdraw from the contract in whole or in part in the cases mentioned in clause 7.3 without being liable for damages. A precondition for the customer's withdrawal from the contract, on the other hand, is a delay in delivery for which SHAMA is responsible, despite having been granted a reasonable grace period of at least four weeks in writing.
7.5 In the case of divisible services, the customer shall not have the right to withdraw from the contract with regard to deliverable parts insofar as parts of the service can be fulfilled and are usable by the buyer. Under the same conditions, or if the remaining parts can be delivered in time, the customer is not entitled to refuse acceptance of partial deliveries.
7.6 If the customer unjustifiably declares that he does not wish to adhere to the contract ("cancellation") and SHAMAMA agrees to this in writing, SHAMA shall be entitled to 15% of the purchase price for goods in stock as lump-sum minimum compensation ("cancellation fee"). In the case of goods ordered, such a cancellation of the contract is generally excluded.
7.7 Changes or cancellations of orders by the Buyer must always be made in writing. SHAMAMA reserves the right to accept declarations in any other form, which will only become effective upon written confirmation by SHAMAMA.
7.8 For transactions with consumers within the meaning of the Consumer Protection Act (Konsumentenschutzgesetz), notwithstanding points 7.3 and 7.4, the buyer may withdraw from the contract after the delivery dates specified have been exceeded, granting a reasonable period of grace.
7.9 For online vouchers, the terms and conditions stated on the Internet also apply.
8.1 Promises, such as those concerning the usability or special properties of the goods, or statements by SHAMAMA's employees are not binding and do not constitute an express assurance of certain properties unless made in writing. This clause does not apply to transactions with consumers.
8.2 Warranty claims require that defects are reported to SHAMA without delay, namely visible defects immediately upon acceptance, hidden defects after discovery, and on presentation of the opened goods and the original invoice. This clause does not apply to transactions with consumers.
8.3 Any warranty claim is in any case limited to the invoice value of the delivered and defective goods.
8.4 SHAMAMA shall fulfil its warranty obligations, at its option, either by delivering goods free of defects, by improving the goods, by delivering additional quantities of defective goods or by rescinding the contract (i.e. refunding the purchase price) within a reasonable period of time. This clause does not apply to transactions with consumers.
8.5 Commercial or minor, technically caused deviations in quality, quantity, color, size, weight, equipment or design do not constitute warranty defects or non-fulfilment of the contract.
8.6 SHAMAMA shall not be liable for the conformity of taste, colour, material and pattern or other characteristics of conformity of reordered goods. The same applies to goods ordered according to samples, provided that the deviation remains within the usual commercial and technical limits.
8.7 After tasting, consumption or processing or treatment of the goods has begun, any warranty is excluded. This clause does not apply to transactions with consumers.
8.8 The warranty period shall be 2 years from the time of transfer of risk in accordance with clause 6.
8.9 After the time of the transfer of risk to the customer (clause 5), especially glass breakage shall not constitute a reason for the customer to assert warranty claims.
8.10 For transactions with consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), in lieu of Sections 8.1 to 8.4, the customer may, in the event of a defect, at his discretion demand improvement, replacement of the item, a reasonable price reduction or rescission of the contract.
9. liability for damages
9.1 SHAMAMA shall only be liable for damages in case of intent or gross negligence, with the exception of personal injury.
9.2 Liability is limited to 10% of the value of the goods within the scope of the statutory provisions. Compensation for (defect) consequential damages, other property damage, financial losses and damages resulting from claims of third parties against the Buyer is excluded.
9.3 Item 9.2 shall not apply to transactions with consumers within the meaning of the Consumer Protection Act.
10. computer processing and customer data
10.1 The Buyer agrees that the data about him/her stated in the purchase contract and disclosed during registration will be stored and processed in compliance with the provisions of the Data Protection Act. This data will be used to comply with legal regulations, to process payment transactions and for customer care.
11. other provisions
11.1 If individual provisions of the contract or these General Terms and Conditions of Business are invalid, this shall not result in the invalidity of the entire contract. The remaining content of the contract shall remain unchanged.
11.2 The place of performance of this contract for both SHAMAMA and the Buyer shall be Linz.
11.3 The competent court in Vienna shall have exclusive jurisdiction to decide all disputes arising in connection with the contract.
11.4 The contract shall be governed by Austrian law to the exclusion of the UN Sales Convention.
11.5 Item 11.3 shall not apply to transactions with consumers within the meaning of the Consumer Protection Act. Clause 11.4 shall apply with the restriction that under the conditions of Art. 5 of the European Contract Statute Convention special consumer protection provisions of the law of the country in which the Buyer has his habitual residence may take precedence over the chosen Austrian law.
12. company data:
Madeleine Dumhart, Sacherei e.U. SHAMAMA-Energy
Altenbergerstraße 189 . 4203 Altenberg . Austria
phone: +43 732 776 348
Informations on human energy work
The energetic assistance deals exclusively with the activation and harmonization of the body's own energy fields (life energy). Clients receive energetic products, which are produced with the help of commercially permitted methods of energetics. Since these products serve to restore and harmonize the body's own energy fields, they do not represent a healing treatment. The effectiveness and success of the energetic treatment has not been scientifically proven or disproved by certain methods. Accordingly, energetic products are not a substitute for medical, medical or psychological diagnosis and treatment. All statements and advice are not diagnoses, but are pure descriptions of energetic conditions. Clients are hereby informed that they should consult a physician for diagnosis and treatment.
Declaration of agreement
The energetic work is not a working method in the sense of the empirical scientific field of knowledge. The success of energetic applications is therefore not predictable or measurable. Clients are hereby informed and acknowledge that they have been explicitly informed that they will only receive assistance with the help of energetic working methods that do not represent conventional medical treatment. Clients confirm that they have not been promised any kind of success whatsoever, especially no healing or alleviating success, and that they voluntarily use these products. Furthermore, clients expressly declare that they also approve of the fact that no alleviation or other improvement of their suffering and illnesses is to be expected from the present treatment. Accordingly, the energetic work method is not a substitute for medical diagnosis and treatment. Clients are hereby informed that they should consult a doctor, psychologist or psychotherapist for diagnosis and therapy. Clients have paid for the products of their own free will and expressly declare that they consider the amount of the products to be appropriate. Accordingly, clients expressly waive their right to full or even partial reimbursement of the costs they have paid for the products and therefore waive their right to contest for reduction of more than half of the true value, since the use of the client's energetic working method is a particular preference in treatment.
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