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General terms and conditions

Status 2021

1. Validity
The deliveries, services and offers of SeiAktiv Vertriebs GmbH (hereinafter referred to as “SeiAktiv”) are exclusively based on these terms and conditions; we do not recognize any terms and conditions of the customer that are contrary to or deviate from our terms and conditions, unless we have expressly agreed to their validity. In this respect, contractual performance on our part shall not be deemed
to be consent to contractual terms and conditions that deviate from our terms and conditions. These terms and conditions shall also apply as a framework agreement to all
further legal transactions between the contracting parties.

2. Conclusion of contract
A contract offer of a customer requires an order confirmation. Also the sending of the goods ordered by the customer causes the conclusion of the contract. If offers are made to us, the offering party shall be bound by them for a reasonable period, but at least 8 days from receipt of the offer.

3. Price
Unless otherwise expressly stated, all prices quoted by us are exclusive of value added tax. Should the wage costs change due to collective agreement regulations in the industry or internal company agreements or should other cost centers relevant for the calculation or costs necessary for the provision of services such as those for materials, energy, transport, external work, financing, etc. change, we shall be entitled to increase or reduce the prices accordingly.

4. Terms of payment, interest on arrears
In the absence of any agreement to the contrary, our claims are to be paid step by step against handover of the goods. Cash discounts require a separate agreement. In the event of default in payment, including partial payments, any discount agreements shall also cease to apply. Payments by the customer shall be deemed to have been made only upon receipt in our business account.
In the event of default of payment by the customer, we shall be entitled, at our discretion, to demand compensation for the damage actually incurred or interest on arrears at the statutory rate. In the event of default in payment by the customer, our company shall also be entitled to demand compound interest from the date of handover of the goods.

5. Payment methods, maturity
(1) The following payment methods are available for selection:

• Credit card (Visa or Mastercard) – SeiAktiv accepts Visa and Mastercard. In case of credit card payment, SeiAktiv instructs the customer’s credit institution with the collection of the invoice amount on the day of the order confirmation by SeiAktiv. This payment method is available for orders in the online store as well as for orders of a subscription.

• Direct debit (SEPA) – After the customer has given SeiAktiv the direct debit authorization (SEPA direct debit procedure) by sending the completed direct debit authorization, SeiAktiv will instruct the customer’s banking institution with the collection of the invoice amount no later than 14 days after the issuance of the invoice. In the case of a concluded subscription, the banking institution of the customer is instructed with the collection of the subscription fee in the payment rhythm agreed upon with the customer. In the case of an initial order for a subscription, the customer’s bank shall be charged with the collection of the subscription fee as of the date of the order confirmation. If the fee cannot be collected from the specified bank account, e.g. due to insufficient funds in the account, the customer shall bear all resulting costs, in particular bank charges in connection with the return of direct debits or comparable charges. This payment method is only available when ordering a subscription.

• Payment via PayPal – In this case, the purchase price claim is assigned to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”). The data required to process the payment will be transmitted to PayPal. By selecting the aforementioned payment method, the customer agrees to the transmission of data to PayPal and the performance of credit checks. Detailed information on this and on the credit agencies used can be found in the privacy policy of PayPal. This payment method is available both for orders in the online store and when ordering a subscription.

• Immediate bank transfer – With this payment method, the customer is taken directly to the online banking website of their house bank. There, the customer makes the payment and completes the process. This payment method is available for orders in the online store, but only for customers with a bank account in Austria.

• Purchase on invoice – The invoice must be paid by bank transfer within 14 days after receipt of the goods. This payment method is only available for orders in the online store.

6. Withdrawal from the contract and right of withdrawal
(1) In the event of default in acceptance (clause 9) or other important reasons, such as in particular bankruptcy of the customer or dismissal of bankruptcy for lack of assets, as well as in the event of default in payment by the customer, we shall be entitled to withdraw from the contract, provided that it has not yet been fulfilled in full by both parties. In the event of withdrawal, we shall have the option, if the customer is at fault, to claim liquidated damages of 15% of the gross invoice amount or compensation for the actual damage incurred. In the event of default in payment by the customer, we shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period. If the customer withdraws from the contract – without being entitled to do so – or requests its cancellation, we shall have the choice of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract; in the latter case, the customer shall be obligated to pay, at our option, liquidated damages in the amount of 15% of the gross invoice amount or the actual damage incurred.

(2) When concluding contracts in the online store (distance selling § 11 ff FAGG), the consumer may withdraw from the contract within 14 calendar days. The period begins with the day of receipt of the goods by the consumer or, in the case of services, with the day of the conclusion of the contract. It is sufficient to send the declaration of withdrawal within this period to SeiAktiv Vertriebs GmbH Vertriebsbüro, Inkustrasse 1-7 / Haus E / Stiege 5 / 1. OG, 3400 Klosterneuburg, Austria or office@seiaktiv.com.

(3) The consumer has to return or hand over the goods to Global Mail & Freight GmbH, Hosnedlgasse 8, 1220 Vienna, Austria, without delay and in any case not later than within fourteen days from the day on which he has informed SeiAktiv about the revocation.

(4) If the consumer withdraws from the contract in accordance with this provision, he shall bear the costs of returning the goods; In the case of services, the performance of which was commenced at the express request of the consumer before the expiry of the withdrawal period and the consumer was aware that he had waived his right of withdrawal by giving his consent to this effect, withdrawal shall not be possible.

(5) If the consumer revokes this contract, SeiAktiv has to repay the consumer all payments that SeiAktiv has received from the consumer, including the delivery costs (with the exception of the additional costs that result from the fact that the consumer has chosen a type of delivery other than the most favorable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which the notification of the revocation of this contract has been received by SeiAktiv. For this repayment, SeiAktiv will use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case will the consumer be charged fees because of this repayment. SeiAktiv can refuse the repayment until SeiAktiv has either received the goods back or the consumer has provided SeiAktiv with proof of the return of the goods.

7. Online-Shop
(1) The customer’s order is placed by completing the electronic ordering process on the Internet via our online store www.seiaktiv.com. The ordering process is carried out via the online store. An order in the online store is initiated by the customer selecting a product and placing it in his virtual shopping cart. The shopping cart contains a list of all products placed there. Confirmation of the “Buy” button initiates the completion of the order. The customer is guided step by step until the order is completed and sent. Before the binding conclusion of the order, the content is displayed to the customer again in summary form, in order to enable him to recognize incorrect entries. Incorrect entries can be corrected at any time until the order is sent by finally canceling the order process. The order process is finally cancelled by closing the browser window.

(2) The presentation in the online store does not contain a legally binding offer to us. Only the customer’s order constitutes an offer to us to conclude a purchase contract. If the customer places an order with www.seiaktiv.com, he will receive an e-mail from us confirming the receipt of the order and listing its details. The delivery of the goods takes place 5 to 7 working days from the receipt of the order.

8. Types of subscriptions
(1) To best meet the needs of customers, there are different subscription types or periods, which can be viewed at www.seiaktiv.com/shop.

(2) The minimum subscription period of a subscription contract begins with the start of the subscription and is three months.

(3) The subscription can be terminated by both contracting parties under observance of a notice period of seven days to the last day of the month in writing – by post or by e-mail to the address / e-mail provided by the customer upon conclusion of the subscription contract or to SeiAktiv Vertriebs GmbH Vertriebsbüro, Inkustrasse 1-7 / Haus E / Stiege 5 / 1. OG, 3400 Klosterneuburg, Austria or office@seiaktiv.com.

(4) If one of the two contracting parties does not terminate the contract in due time, the subscription is automatically extended by another month, which can be terminated by both contracting parties in writing – by mail or e-mail to the address / e-mail provided by the customer upon conclusion of the subscription contract or to SeiAktiv Vertriebs GmbH Vertriebsbüro, Inkustrasse 1-7 / Haus E / Stiege 5 / 1. OG, 3400 Klosterneuburg, Austria or office@seiaktiv.com – in compliance with a notice period of seven days to the last day of the month.

(5) The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of the notice period.

(6) The subscription fee is due in advance. In the event of a price adjustment (reduction/increase) during the term of the contract, the subscription price valid from the time of the adjustment shall be paid; the new subscription fee shall apply from the next invoicing. Reference will be made to any price adjustment.

9. Delivery period
(1) We shall only be obligated to perform the service as soon as the customer has fulfilled all its obligations required for performance. We shall be entitled to exceed the agreed dates and delivery periods by up to one week. Only after this period has expired may the customer withdraw from the contract after setting a reasonable grace period.

(2) In the case of a subscription contract, subsequent deliveries shall be made on the same day as the initial order of the respective subsequent month.

10. Place of performance
The place of performance is the registered office of our company.

11. Minor changes in performance
If it is not a consumer transaction, minor or other changes to our performance or delivery obligation that are reasonable for our customers shall be deemed approved in advance. This applies in particular to deviations caused by the object.

12. Compensation for damages
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or, in the case of consumer transactions, to damage to items accepted for processing. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. If the transaction is not a consumer transaction, the limitation period for claims for damages shall be three years from the transfer of risk. The provisions on damages contained in these Terms and Conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

13. Product liability
Recourse claims within the meaning of § 12 of the Product Liability Act are excluded unless the party entitled to recourse proves that the defect was caused in our sphere and was at least due to gross negligence.

14. Retention of title and its assertion
All goods are delivered by us under reservation of title and remain our property until full payment. The assertion of the reservation of title shall only constitute a withdrawal from the contract if this is expressly declared. In the event of goods being taken back, we shall be entitled to charge any transport and handling costs incurred. In the event of access by third parties to the goods subject to retention of title – in particular through seizure – the customer undertakes to draw attention to our ownership and to notify us immediately. If the customer is a consumer or not an entrepreneur whose ordinary business operations include trading in the goods purchased from us, he may not dispose of the reserved goods, in particular sell, pledge, give away or lend them, until the outstanding purchase price claim has been settled in full. The customer shall bear the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

15. Assignments of receivables
In the event of delivery under retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, on account of payment until final payment of our claims. Upon request, the customer shall name its buyers and notify them of the assignment in due time. The assignment is to be entered in the business books, in particular in the open items list, and to be made apparent to the customer on delivery bills, invoices, etc. If the customer is in default with his payments to us, the sales proceeds received by him shall be segregated and the customer shall hold them in our name only. Any claims against an insurer are already assigned to us within the limits of § 15 of the Insurance Contract Act. Claims against us may not be assigned without our express consent.

16. Retention
If the transaction is not a consumer transaction, the customer shall not be entitled to withhold the entire gross invoice amount, but only an appropriate part thereof, in the event of a justified complaint, except in cases of rescission.

17. Choice of Law, Place of Jurisdiction
Austrian law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The language of the contract is German. The contracting parties agree on Austrian, domestic jurisdiction. If it is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of our company shall have exclusive local jurisdiction to decide on all disputes arising from this contract.

18. Data protection, Change of address and copyright
The customer gives his consent that also the personal data included in the purchase contract will be stored and processed by us in an automated way in fulfillment of this contract. The customer is obligated to notify us of any changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received even if they are sent to the last address notified. Plans, sizes or other technical documents, as well as samples, catalogs, brochures, illustrations and the like shall always remain our intellectual property; the customer shall not be granted any rights of use or exploitation whatsoever.

Vienna, on September 1st, 2021/bppa

SeiAktiv Vertriebs GmbH Wipplingerstrasse 32
1010 Vienna
Austria
UID No.: ATU66964458
FN 373180 w

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