GENERAL TERMS AND CONDITIONS​

© SHAMAMA is a registered and protected trademark of Madeleine Simone Dumhart.

 

1. Scope

1.1 These terms and conditions apply to the sale and delivery of goods by Shamama, with its registered office and business address at Altenbergerstraße 189, 4203 Altenberg bei Linz, Austria.

1.2 Any differing terms and conditions of the buyer are only valid if Shamama agrees to them in writing and with the company's signature.

1.3 By placing an order, the buyer agrees to these terms and conditions and is bound by them.

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2. Clarification

2.1 All products offered and methods used are energetic on an energetic level and are no substitute for medical diagnosis and therapy and are also no substitute for psychological or psychotherapeutic examination or treatment. If in doubt, please contact a doctor or therapist.

 

2.2 I expressly declare to the buyer that I am not authorized to carry out medical activities. I do not cover any medical professional fields that are reserved for the medical professions, psychotherapeutic professions, physiotherapeutic services, as well as activities that are reserved for the regulated professions such as life and social counseling (also: nutrition counseling), massage, cosmetics (beauty care) in accordance with legal requirements.

 

2.3 The buyer voluntarily declares that they will make use of the assistance and provide all information in connection with the assessment of their energetic state, on the one hand to inform us that medical treatment is being provided at the same time or, for example, that the buyer is pregnant or has other impairments that are important for assessing their energetic state.

 

3. Prices

3.1 Prices are ex SHAMAMA warehouse and are not subject to deductions. The customer bears all shipping costs, including any import or export duties.

The actual delivery costs are displayed in the shopping cart after the correct selection and invoiced to the customer. SHAMAMA can unilaterally change these amounts at any time for future contracts.

3.2 The prices given in catalogs, brochures, price lists etc. are always subject to change, unless otherwise expressly stated in individual cases. Prices for repeat orders are non-binding.

3.3 Prices are based on the costs at the time of the initial quote. If costs change before the time of delivery, SHAMAMA is entitled to adjust prices accordingly.

3.4 For business with consumers within the meaning of the Consumer Protection Act, point 2.3 does not apply.

 

4. Payment and deposit

4.1 The purchase price is due at the latest upon delivery of the goods. This also applies to partial deliveries, in which case the purchase price for the partial quantities delivered is to be paid.

If delivery with shipment has been agreed, this and any transport insurance requested by the buyer will be charged separately. The fee 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 consumer may refuse payment if SHAMAMA has not provided the delivery in accordance with the contract or if the provision of the delivery is at risk due to the consumer's poor financial circumstances, which were neither known nor should have been known to the consumer at the time the contract was concluded. If SHAMAMA offers appropriate security, the consumer no longer has the right to refuse payment.

4.2 SHAMAMA retains ownership of all goods until full payment of the purchase price, including additional fees, has been received.

3.3 When an order is placed, a deposit of 25% of the order value is to be paid. The deposit is to be paid within 14 days.

4.4 Payments to the staff of SHAMAMA are only recognized if they are confirmed with a cash receipt.

4.5 If the buyer is in default of payment or other performance, SHAMAMA can:

postpone the fulfillment of its own obligations until the outstanding payments or other services have been provided, take a reasonable extension of the delivery period, make the entire or outstanding purchase price due immediately (loss of term); this also applies if an installment payment has been agreed with the consumer, provided that SHAMAMA has already provided its services, at least one outstanding service by the consumer has been due for at least 6 weeks and SHAMAMA has unsuccessfully reminded the consumer of the impending loss and set a grace period of at least 2 weeks, charge default interest of 6% above the base rate of the Austrian National Bank, at least 10% per year, plus VAT, and in the event of non-compliance with a reasonable grace period, and withdraw from the contract and demand the dunning and collection fees incurred from the buyer, insofar as they are necessary for appropriate legal action, whereby the buyer is in particular obliged to reimburse a maximum of the fees of the collection agency that has been engaged, which result from the BMWA regulation on the maximum rates of collection agencies. In addition, any further damage, in particular the damage caused by the fact that, as a result of non-payment, correspondingly higher interest accrues on any credit costs incurred by SHAMAMA, shall be reimbursed regardless of who is at fault for the delay in payment.

4.6 Any discounts or bonuses granted are subject to the condition precedent that payment is received in full. When paying with vouchers, no credit can be issued for any remaining amounts. The redemption period for merchandise vouchers/shopping vouchers etc. is based on the date indicated on the merchandise vouchers/shopping vouchers etc.

4.7 Rebates and discounts do not apply to subscriptions, competitions of any kind or goods that have already been reduced. Rebates, discounts and promotional offers are only applicable to purchases of standard household quantities.

4.8 In the event of default in payment of invoices up to an amount of EUR 365, a written reminder will be sent to the buyer for payment of the outstanding purchase price and a processing fee of 10% of the purchase price, but at least EUR 7.30. If the buyer does not pay this amount by the date specified in the written reminder, SHAMAMA is entitled to file a lawsuit immediately.

4.9 For transactions with consumers within the meaning of the Consumer Protection Act, points 4.4 and 4.5, last bullet point, do not apply.

 

5. Transfer of risk

5.1 When SHAMAMA delivers the goods, they are handed over at the point that can be reached by a truck tail-lift or crane, and use and risk are transferred at the latest when the goods are handed over to the customer or their representative.

 

6. RETURN OF GOODS

6.1 SHAMAMA is prepared, until further notice, to take back goods purchased from it in return for a refund of the full purchase price under the following conditions: The return must be made within 10 days of the invoice date, in the original packaging, undamaged and with the original invoice. Promotional offers are only taken back in the total quantity purchased. They are taken back at the price valid at the time of the original purchase. The refund of the purchase price is made in the form of a credit note. This expressly excludes goods ordered, exhibition items, items from the treasure trove, residual items and partial quantities from packaging units, partial quantities from sets.

6.2 If the buyer is a consumer in the sense of the Consumer Protection Act and has placed his order via the online internet shop, he may withdraw from the purchase contract in writing or by returning the goods within seven days of delivery, in accordance with §§ 5e - 5h KSchG and in deviation from point 5.1. The withdrawal does not require any justification, but must be sent within the deadline. The customer will receive a refund of the purchase price already paid for the returned goods, but must bear the costs of the return shipment.

 

7. Orders, delivery time, delivery obstacles, withdrawal from the contract 

7.1 SHAMAMA accepts orders via the online store. When placing the order, the customer must state a desired delivery date and an alternative date. The customer is obliged to ensure that the ordered goods are properly received on these dates.

7.2 Delivery is carried out by SHAMAMA or a contracted carrier at normal business hours. In the case of non-acceptance of ordered goods, SHAMAMA is entitled to demand compensation for the resulting additional expenses, such as frustrated transport costs. This does not apply if SHAMAMA does not provide its services in accordance with the contract.

7.3 Orders are accepted subject to availability. If a product is oversubscribed, SHAMAMA reserves the right to allocate smaller quantities to the purchasers. If a product is not available, other products can be used. If delivery or compliance with an agreed delivery time is not possible due to circumstances beyond the control of SHAMAMA, the obligation to deliver shall lapse and the delivery time shall be extended by the duration of these obstacles. The following are examples of circumstances beyond the control of SHAMAMA: difficulties in obtaining the goods or primary materials from third parties, late release of the goods by SHAMAMA's suppliers in the case of subscriptions, operational disruptions (including those affecting SHAMAMA's suppliers), traffic disruptions, lockouts and strikes, as well as all cases of force majeure. In the case of transactions with consumers, only objectively justified and minor changes that do not affect the price are permissible. This applies in particular to reasonable delivery delays and the like.

7.4 In the cases mentioned in point 7.3, SHAMAMA is entitled to withdraw from the contract in whole or in part without becoming liable for damages. However, a prerequisite for the customer to withdraw from the contract is a delay in delivery for which SHAMAMA is responsible, despite a written notice setting a reasonable grace period of at least four weeks.

7.5 In the case of divisible services, the customer has no right of withdrawal regarding deliverable parts, insofar as parts of the service are fulfillable and usable for 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 they do not wish to adhere to the contract (“cancellation”) and if SHAMAMA agrees to this in writing, SHAMAMA is entitled to 15% of the purchase price as a flat-rate minimum compensation (“cancellation fee”) for goods in stock. In the case of goods on order, such termination 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 other forms, but these will only become effective with written confirmation from SHAMAMA.

7.8 For transactions with consumers within the meaning of the Consumer Protection Act, the following applies in deviation from points 7.3 and 7.4: the buyer can withdraw from the contract after the specified delivery dates have been exceeded, subject to the setting of a reasonable grace period.

7.9 For online vouchers, the conditions stated on the internet also apply.

 

8. Warranty

8.1 Promises, such as those regarding the usability or special properties of the goods, or statements made by SHAMAMA employees, are non-binding and do not constitute an express assurance of certain properties if they are not made in writing. This clause does not apply to transactions with consumers.

8.2 Warranty claims require that SHAMAMA be notified of defects immediately, namely, recognizable defects immediately upon acceptance, hidden defects upon discovery, and upon presentation of the opened goods and original invoice. This clause does not apply to transactions with consumers.

8.3 A warranty claim is in any case limited to the invoiced value of the delivered and defective goods.

8.4 SHAMAMA fulfills its warranty obligations at its discretion either by delivering defect-free goods, improvement, subsequent delivery of missing quantities or rescission of the contract (i.e. repayment of the purchase price) within a reasonable period. This clause does not apply to transactions with consumers.

8.5 Customary or minor, technically-related deviations in quality, quantity, color, size, weight, equipment or design do not constitute warranty defects or non-performance of the contract.

8.6 SHAMAMA is not liable for matching flavors, colors, materials and patterns or other matching features of reordered goods. The same applies to goods ordered by sample, insofar as the deviation remains within the customary and technical limits.

8.7 After tasting, consumption or the beginning of processing or treatment of the goods, any warranty is excluded. This clause does not apply to transactions with consumers.

8.8 The warranty period is 2 years from the date of the transfer of risk in accordance with point 6.

8.9 After the point in time of the transfer of risk to the customer (Section 5), in particular glass breakage does not constitute grounds for the assertion of warranty claims by the customer.

8.10 For transactions with consumers within the meaning of the Consumer Protection Act, Sections 8.1 to 8.4 shall apply, in that the customer, in the event of a defect, may, at his discretion, demand improvement, replacement of the item, an appropriate price reduction or rescission.

 

9. Liability for damages

9.1 SHAMAMA is only liable for damages in the event of intent or gross negligence, with the exception of personal injury.

9.2 Liability is limited to 10% of the value of the goods in accordance with legal provisions. Compensation for consequential (defect) damage, other property damage, financial loss and damages arising from third-party claims against the buyer is excluded.

9.3 Point 9.2 does not apply to transactions with consumers within the meaning of the Consumer Protection Act.

 

10. IT processing and customer data

10.1 The buyer agrees that the data provided in the purchase contract and during registration may be stored and processed in accordance with the provisions of the Data Protection Act. This data is used to fulfill legal requirements, to process payment transactions and for customer care.

 

11. Miscellaneous

11.1 Should individual provisions of the contract or of these terms and conditions be invalid, this shall not affect the validity 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 is Linz.

11.3 The court of competent jurisdiction in Vienna shall have exclusive jurisdiction to decide on all disputes arising in connection with the contract.

11.4 The contract is subject to Austrian law, excluding the UN Sales Convention.

11.5 For transactions with consumers within the meaning of the Consumer Protection Act, point 11.3 does not apply. Point 11.4 applies 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 state in which the buyer has his habitual residence may take precedence over the chosen Austrian law.

 

12. company data:

Mag. Madeleine Dumhart (Humanenergetik / Aromatherapie)

SHAMAMA ENERGY

Altenbergerstraße 189 . 4203 Altenberg bei Linz

Tel: +43 732 776 348

E-Mail: info@shamama.at

Web: www.shamama-energy.com

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Information on human energetics

Energetic assistance is concerned exclusively with the activation and harmonization of the body's own energy fields (life energy). Clients receive energetic products that 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 constitute a healing treatment. The effectiveness and success of energetic treatment has not been scientifically proven and has been refuted for certain methods. Accordingly, energetic products are not a substitute for medical or psychological diagnosis and treatment. All statements and advice are not diagnoses but pure energetic descriptions of the state of being. Clients are hereby informed that they should consult a doctor for diagnosis and therapy.

Payment methods

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Declaration of consent

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 are only receiving assistance with the help of energetic working methods that do not constitute conventional medical treatment. Clients confirm that they have not been promised any kind of success, in particular no success in terms of healing or alleviation, and that they refer to these products voluntarily. Furthermore, clients expressly declare that they also approve of the fact that no relief or other improvement of their conditions and illnesses is to be expected from the present treatment. Accordingly, the energetic working method is not a substitute for medical diagnosis and treatment. Clients are hereby informed that they have to 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 to be appropriate. Accordingly, clients expressly waive the right to a full or even partial reimbursement of the costs they have paid and accordingly waive the right to dispute the reduction by half of the true value, since the application of the client's energetic working method represents a particular preference in the treatment.