§ 1 Scope of application

(1) The following General Terms and Conditions (GTC) apply between Verival Bio GmbH (hereinafter referred to as Verival) and business customers who are not consumers in the version valid at the time of placing an order.

(2) A business customer within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

(3) Terms and conditions of the business customer that conflict with these GTC are not recognised. Acts of contract fulfilment on our part shall not be deemed to constitute consent to terms and conditions of the business customer that deviate from these GTC. By placing an order, the customer declares his agreement with these GTC and they thereby become binding.

(4) It is expressly stated that the offers, discounts, voucher codes, delivery conditions and other promotions directed at consumers in the Verival online shop are not applicable to corporate customers who order from the Verival online shop for business customers.

§ 2 Offer & conclusion of contract

(1) Our offers are non-binding and subject to change. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. Verival expressly reserves the right to vary the content of the respective service offer and to change it at any time.

(2) All prices in the Verival business customer shop are net prices in euros and are subject to VAT. We reserve the right to sell items only in customary quantities.

(3) In order to place an online order via the Verival website for business customers, registration (i.e. creation of a user profile) in the business customer shop is required. The registration data must be entered truthfully, correctly and completely by the business customer.

(4) By clicking on the "Order with obligation to pay" button in the order process, the business customer places a binding order for the goods contained in the shopping basket. The receipt of an order is confirmed by sending an email (order confirmation).

(5) Verival does not save the text of the contract. After submitting an order, we send the customer an order confirmation. Please save the order confirmation yourself if you wish to view it at a later date.

(6) The business customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by Verival can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

(7) Verival is not obliged to accept an offer. If necessary, Verival will inform the customer of this.

(8) The contract is concluded by the actual delivery of the ordered goods. The automated confirmation of receipt of an order (i.e. the business customer's offer) is not a declaration of acceptance. Verival may alternatively accept an order by sending an order confirmation by email.

§ 3 Right of cancellation

(1) Should Verival subsequently discover that product details are incorrect due to printing or typesetting errors, the business customer will be informed immediately. The business customer may again expressly confirm the order under the valid conditions in writing or implicitly by paying the prescribed price. Otherwise, Verival is entitled to withdraw from the contract immediately if the contract has already been accepted. In this case, claims for damages are excluded, with the exception of intent and personal injury.

§ 4 Reservation of availability

(1) Should Verival discover after conclusion of the contract that the ordered goods are no longer available from Verival or cannot be delivered for legal reasons, Verival may either offer goods of equivalent quality and price or withdraw from the contract.

(2) Verival will refund payments already received immediately after cancellation of the contract. In the case of orders on open account, the customer's account will be credited.

§ 5 Delivery - costs and risk

(1) The goods shall be delivered by dispatch to the delivery address provided electronically by the customer, unless otherwise agreed.

(2) The goods shall be delivered at the expense and risk of the business customer, whereby the risk shall pass upon handover to the forwarding agent, the carrier or to the person or organisation otherwise designated to carry out the shipment.

(3) The delivery service is provided by Austrian Post and its international logistics partners, Gebrüder Weiss Paketdienst GmbH or other logistics partners at the discretion of Verival.

(4) The shipping costs for standard deliveries are € 8.90. Standard deliveries are free of shipping costs from a scope of delivery of € 260.00 (excl. VAT).

(5) Specified delivery periods are non-binding unless they have been expressly declared as binding in writing. If the agreed binding delivery period is exceeded, the business customer shall be entitled to withdraw from the contract by setting a grace period of four weeks.

§ 6 Gift vouchers

(1) Verival gift vouchers can be used in accordance with these terms and conditions for purchases in the Verival online shop. The voucher will be sent to you by e-mail after receipt of payment. Voucher orders can only be cancelled by our customer service if the voucher has not yet been redeemed.

(2) You can pass the voucher on to another person. In this case, you undertake not to use the voucher code again or to disclose it to third parties.

(3) Vouchers must be redeemed by the end of the fifth year from the date of issue at the latest. After that they lose their validity.

(4) Vouchers can only be used for the purchase of products sold via the Verival online shops. Vouchers can also be redeemed in instalments. If the value of the voucher exceeds the value of the goods purchased, the remaining value of the voucher is retained, is displayed to the purchaser online when the order is completed and can be redeemed for a further purchase by re-entering the voucher code. If the value of the voucher is not sufficient for an order, the difference can be paid using another payment method authorised by us on the same page.

(5) Cash payment, interest or subsequent crediting of the (remaining) balance of a voucher is excluded.

(6) Gift vouchers cannot be combined with other gift vouchers or discount codes.

(7) To redeem a gift voucher, select "I have a gift voucher" when completing your order and enter the voucher code. After clicking on the arrow next to the field for the voucher code, you will see the deducted amount and can finalise the purchase.

(8) Verival Bio GmbH accepts no liability for loss, theft, misuse or delayed transmission (e.g. due to technical difficulties) of gift vouchers.

§ 7 Payment and default of payment

(1) Payment can be made by instant bank transfer, by credit card, by PayPal, by Amazon Pay or by open invoice.

(2) Unless otherwise agreed, payments on open account are due within 14 days of receipt of the invoice.

(3) In the case of payment by direct debit authorisation, the business customer undertakes to pay the charges incurred in the event that the invoice amount cannot be collected.

(4) In the event of late payment by the business customer, the business customer shall in any case pay compensation for reminder and collection charges in the lump sum of € 20.00 per reminder.

(5) Verival reserves the right to carry out a credit check to secure the credit risk. The business customer is hereby expressly informed that in the event of default of payment by Verival, the name (including previous names), the name of the reference person, the gender, the (company) address, the industry (profession), the outstanding balance and the dunning data will be transmitted to debt collection companies authorised to collect claims in accordance with the GDPR (Art. 6).

(6) The statutory default interest rate from the due date shall be deemed agreed. This shall also apply if the customer is in default of payment through no fault of his own.

§ 8 Retention of title

(1) In relation to business customers, the seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

(2) Insofar as Verival exchanges goods under warranty, it is agreed that the returned goods shall become the unrestricted property of Verival.

§ 9 Warranty and notification of defects

(1) The business customer must inspect the goods for completeness or any defects immediately after receipt of the delivery and, if a defect or incompleteness of the delivery is discovered, must give detailed written notice of this within one week of receipt of the goods at the latest. The business customer shall bear the burden of proof of an actual notification of defects. Hidden defects must be reported in writing immediately after their discovery. If a notification of defects is not made or not made in good time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages, including consequential damage caused by defects, as well as the right to challenge errors due to defects are excluded in these cases. The business customer must always prove that the defect already existed at the time of the transfer of risk.

(2) The warranty period shall be governed by the statutory provisions. The assertion of warranty claims is only possible upon presentation of the original invoice.

(3) Apart from those cases in which the right to cancellation of the contract is granted by law, Verival reserves the right to fulfil the warranty claim at its discretion by improvement, replacement - even repeatedly - or by price reduction. An insignificant reduction in the value or suitability of the goods shall not be taken into account.

(4) Claims for damages due to defects in the goods are excluded unless Verival has fraudulently concealed the defect or has given an express guarantee for the quality of the goods or has culpably caused damage to life, health or limb.

(5) Further warranty claims as well as further claims for consequential damages are excluded.

§ 10 Data protection

The protection of your data is very important to us. You can find detailed information on our data protection page.

§ 11 Other provisions

(1) The legal relationships between Via+ and business customers as well as the respective General Terms and Conditions shall be governed exclusively by Austrian law, excluding the conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 is excluded.

(2) The contract, order and business language is exclusively German.

(3) The business customer shall not have the right to offset against Verival's claims or to withhold payment unless the claim is recognised or has been legally established by a court of law.

(4) The place of fulfilment for payments is the registered office of Verival. For deliveries, the place of fulfilment is either the registered office of Verival or the place of dispatch of the first consignor acting on behalf of Verival.

(5) Should any provision of these GTC be invalid in whole or in part or become invalid due to statutory provisions, the remaining provisions of these GTC shall remain in full force and effect. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible in economic terms to the invalid provision.

(6) Subject to mandatory statutory provisions, the competent court at the registered office of Verival, i.e. either the District Court of Kufstein or the Regional Court of Innsbruck, shall be deemed agreed for legal disputes.

Supplier information:
Verival Bio GmbH, Sportplatzweg 7, 6336 Langkampfen, Austria
Managing Director: Wolfgang Fojtl
Competent court: Innsbruck Regional Court, FN 32503Z
Registered office of the company is Langkampfen/Austria
UID no.: ATU 32100909
Controlled by: AUSTRIA-BIO-GARANTIE
Inspection number: AT- BIO-301