General Terms & Conditions

 

1. Legal notice

Our company, referred to in this legal notice, operates the online store at www.profertil.at.

 

Lenus Pharma PROfertil Shop

Seeböckgasse 59A

1160 Vienna

Austria

 

Customer Service availability:

Monday – Thursday 8 am to 5 pm, Friday 8 am to 1 pm

Phone: +43 1 405 14 19

Fax: +43 1 405 14 19 20

 

For information, data requests and complaints email: office@lenuspharma.com

 

Firm Number: 282292K, Court of Commercial Registration: Vienna Commercial Court

VAT No.: ATU 628 08 368

Regulating authority: City of Vienna

Member of WKO (Austrian Chamber of Commerce)

Headquarters: Vienna

Legal form: Gesmbh

Legal regulation: Austrian Industrial Code (www.ris.bka.at)

Owner, publisher, issuer: Lenus Pharma GesmbH

Chairwoman: Brigitte Annerl MSc

Address, postal code, location: See above

Business: Sales of medical devices, dietary food and dietary supplements

Place of Fulfilment: Our headquarters

 

2. General information

The General Terms and Conditions apply to the sale and delivery of goods through our company. A Buyer’s contrary or different terms and conditions are only valid if we have accepted them in writing or have signed them and attached our firm’s official seal. By clicking the “I have read and accepted the general terms (link to the Terms and Conditions)” checkbox in the shopping cart before submitting the order, the Buyer agrees to these terms and conditions and agrees to be bound by them. Our range of products and services is non-binding and can be changed. An order placed by a legally competent customer (18 years of age or older) constitutes an offer to conclude a purchase contract. The automated confirmation of receipt of the order does not constitute our acceptance of the offer. The purchase contract is only created when we deliver the ordered goods and confirm the shipment to the customer. All offers on our website are subject to change without notice, are non-binding, and are only available while stocks last.

 3. Order processing, order correction, order cancellation

You must first select the country to which you would like us to deliver your order from the menu provided. You can then select the desired product. When you have selected the product you want, you can place it in the shopping cart without committing to buy it by clicking the [Move to shopping cart] button. You can view the content of the shopping cart at any time by clicking the [Go to shopping cart] button. You can remove products from the shopping cart at any time by clicking the [Delete] button. If you want to purchase the products in your cart, click the [Checkout] button. Then please enter your details. Your details will be encrypted and transmitted to us. After entering your details and selecting the type of payment and delivery you will reach the ordering page with the button [Confirm order]. On this page you can check your entries before submitting. By clicking the button [“Order with payment obligation”], you will complete the ordering process. You can correct the order before submitting by using the “back” button in your browser. The ordering process can be interrupted at any time by closing the browser.

 4. Language of contract

The contract, all other information, customer service contact, data requests and complaints can be conducted in the English language.

 5.Prices

The prices displayed apply to all customers at the time of order and include VAT. This also applies to the incurred shipping costs which can be viewed in the shopping cart before concluding the sales contract and appear on the order confirmation sent to the customer. If export or import taxes are due during shipping, these will be at the customer’s expense (contact your local customs office for more information). For sales to businesses within the EU, no Austrian VAT will be charged if you have supplied evidence of your VAT number; the VAT must be paid in your home country.

All payment must be made in Euros.

6. Right of cancellation for consumers from Austria

Consumers defined under Article 5 of the Rome Convention have the right to withdraw from this contract within fourteen days without giving a reason.

The cancellation period is: In the case of a purchase contract: Fourteen days from the date you or a third party designated by you have taken possession of the product(s).

In the case of a contract for several goods that the consumer ordered within a single order and which are supplied separately: Fourteen days from the date you or a third party designated by you, other than the carrier, have taken possession of the final product supplied.

In the case of a contract for the delivery of a product with multiple partial shipments or parts: Fourteen days from the date you or a third party designated by you, who is not the carrier, have taken possession of the last shipment or the last part.

In the case of a contract for regular delivery of goods during a specified period of time: Fourteen days from the date you or a third party named by you, other than the carrier, has first taken the goods into possession.

 

To exercise your right of cancellation, you must inform us at:

Lenus Pharma GesmbH

Seeböckgasse 59A

1160 Vienna

Austria

or by fax: +43 1 405 14 19 20

or by email: office@lenuspharma.com

with a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from the contract.

You must inform us of your right of cancellation before the cancellation deadline as specified in these Terms.

 

Effects of cancellation

If you withdraw from this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of any additional costs arising from you having chosen a delivery method other than those offered as standard delivery) promptly and at least within fourteen days of the date we received notification of your cancellation of the contract. We will apply this refund to the same method of payment used in the original transaction unless you explicitly agreed otherwise. In no case will you be charged fees for such a refund. In the event of cancellation of contracts of sale in which we have not offered to collect the goods ourselves, we may withhold the refund until we have received the returned goods or until you have demonstrated that you have shipped the goods to us, depending on which is sooner.

If you receive goods in connection with the cancelled contract, you must ship or return the goods promptly and in any event not later than fourteen days from the date you notify us of the cancellation of the contract. This condition is met if you ship the goods to us within the fourteen day deadline. You bear the direct costs of returning the goods to us.

If, upon inspection, the returned goods are determined to be damaged or not fit for purpose due to unnecessary use or handling, you will be eligible for any diminished or lost value of the goods.

Orders placed by or on behalf of businesses are fully excluded from this right to cancellation.

Information for safe return of goods

Please return the item(s) complete and in the original packaging if possible.

 

7. Payment, late payment, reminder, default of acceptance, right to ownership

We accept the following payment methods:

The payment service “PayPal”

Cash on delivery (only in Austria) and prepayment

With the prepayment method the customer must make the payment within one week of the receipt of the order confirmation, otherwise we reserve the right to cancel the order.

 

8. Late payments

The legal rate of interest in monetary claims relating to business transactions between companies is 8 (eight) percentage points above the base rate. The base rate in force on the last day of a half-year shall be applicable for the following six months. The calculation of the default interest rate in business transactions is pursuant to § 1333 para. 2 of the Austrian Civil Code.

The statutory default interest rate in non-business traffic, i.e. either between consumers and firms or between consumers remains unchanged at 4 (four) percentage points as these transactions do not fall within the scope of the Late Payments Directive.

See zinsklauseln.oenb.at

 

9. Debt recovery and collection costs

The contractual partner is obliged in the case of default, even if payments are late, to pay any debt recovery and collection costs which arise as far as are necessary for the appropriate prosecution and are reasonable in relation to the requirement to reimburse us for those debt recovery and collection costs, such as debt collection agency fees incurred by us, unless these exceed the maximum rates collection agencies may charge as specified by the Austrian Ministry of Finance, Research and Economy (BMWFJ). If we undertake the collection of the debt ourselves, the debtor will owe the amount of EUR 12.- per order as well as the amount of EUR 5.- for every six months of retaining evidence of the debt.

 

10. Default of acceptance

We are entitled to store the goods at our location in the default of acceptance by customers who have ordered as companies. We charge a storage fee of EUR 0.1 per calendar day. We will nevertheless insist on fulfilment of the contract.

 11. Right to ownership

We reserve the ownership of the delivered service(s) or goods or media which we processed or created until receipt of all payments relating to the business relationship with the customer. If the customer resells the goods for which property is retained, he shall also forward the retention of rights. Third party access to our retained rights must be reported by the customer immediately. Pledges, collateral assignments etc. of the reserved goods will only be accepted with our prior approval. If in the case of default payment is not made immediately following a reminder, the goods to which we have retained the rights must be surrendered to us immediately. Redemption fees are payable by the customer.

12. Data protection

Our employees are subject to the confidentiality provisions of the Austrian Data Protection Act. Even a simple message exchange is covered by this Act. Routing and domain information must not and may not be disclosed.

The customer acknowledges use of the data provided by them for accounting and marketing purposes and that customer records are stored and processed. The data will be used for the processing of payments by us and to satisfy legal requirements.

Customer data will not be disclosed to third parties, except as required as part of the contract (transportation of goods, billing) or if absolutely necessary due to legal request.

 

Data capture

In order for you to place orders in our online shop and so that we can process your order, we require the following customer details: First name, last name, e-mail address, street, town, postal code, and phone number. We need e-mail addresses or telephone numbers to contact you quickly if we have questions and to provide you with information relating to your order.

 

Use and disclosure of your data

We use the data you provide only to fulfil the contract and in strict accordance with the legal provisions. For this purpose, we may forward your information to other companies if necessary, such as the postal service. These companies may only use your data for order processing and not for other purposes and are contractually obligated to comply with the legal provisions for data protection.

In the event any of provision of law, an administrative order or an official investigation, we are legally obliged to make the relevant data available to the authorities.

 

Use of cookies

We use cookies to enhance the appearance of our website and to allow the use of certain functions. Cookies are small text files which are stored on your computer.

 

(1) The cookies we use are deleted from your hard drive after you close the browser (session cookies).

You can set your browser so that you are informed about the use of cookies, and you may decide on a case-by-case basis whether to accept the cookies or not. The functionality of our website may be restricted if you decline to accept cookies. You can find out how to set your browser to accept or reject cookies in your browser’s help menu.

Cookies must be enabled to use our shopping cart. If you do not want to accept cookies you can instead order by phone or fax.

Access data will be stored for every data request in the online shop. Any data stored about you is used solely for statistical purposes.

The details of any data, even in part, will not be disclosed by us to third parties.

 

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookie” text files which are stored on your computer and allow Google to analyse your use of the website.

The information generated by these cookies about your use of the website (including your IP address) will be transmitted to a Google server in the USA and stored there. Google uses this information to evaluate your use of the website, to compile reports on website activity for website operators, and to provide other services related to the website and internet use. Google may also transfer this information to third parties where required by law or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google under any circumstances. You may refuse the installation of cookies by selecting the appropriate settings in your browser; but we point out that you may not be able to use all functions of this website should you do so.

 

Data security

The details of your order will be encrypted and transmitted by SSL. We secure our website and other systems by taking technical and organisational measures against loss, destruction, access, modification or distribution of your data by unauthorised persons.

 

Right to information

You have the right to request information on the data about you that is stored by us, and the right to correct, block or delete this data as legally possible.

Privacy information

If you have questions concerning the collection, processing or use of your personal data, please write to:

office@lenuspharma.com

 13. Warranty, liability, guarantee

Warranty is limited to the statutory 24-month period. If there are justified complaints about defects, then either a free replacement or an improvement will be made available. This will be arranged within a reasonable time period. If a replacement or improvement is not desired (not possible, cost too high, unreasonable, delay), then the Buyer is entitled to a price reduction or, if the defect is not of a minor nature, cancellation of the contract (rescission).

Defects must be made known upon delivery, if possible, or notified as soon as they are apparent. If the purchase is a commercial transaction for the customer (B2B), then the customer has 2 weeks at the latest following receipt of the merchandise to inspect and to inform us immediately of any defects found. Our company shall be liable solely for damages in the event of gross negligence or intent. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence, provided it does not involve a consumer transaction, must be proven by the aggrieved business customer. The reimbursement of consequential (defective) damages or other damages, financial losses and damages to third parties against the customer, as long as it does not involve a consumer transaction, is excluded. Our company, as operator of the online shop described in the legal notice, provides services with the greatest care, but is not liable for the services provided by third parties or third party-related services. The warranty is applicable at the guarantor (manufacturer/sometimes the seller, if this is the manufacturer) and is according to their provision. Use of the guarantee does not affect the statutory warranty.

14. Applicable law, court of jurisdiction

The parties agree to the application of Austrian law unless there are overriding legal provisions. The UN Sales Convention and all the provisions relating to the International Sale of Goods (CISG) are expressively excluded.

For customers subject to Article 5 of the Rome Convention, their nationally-binding consumer protection rules apply, unless the respective Austrian provisions are more favourable to the consumer.

For disputes of contract our registered office is the agreed jurisdiction, unless the contract partner is a company.

If the contract partner is a consumer, he/she can file suit against our company either in Austria or in the courts of the contract state in whose territory he/she resides. If at the time of concluding the contract the contractor is domiciled or a resident or has a place of employment in Austria, the contract partner may only file lawsuits against our company in an Austrian court.

For consumers who have no domicile or residence or place of employment in Austria at the time the contract is concluded, the legal court of jurisdiction will apply.

15. Place of fulfilment

The place of fulfilment for all services in the contract is our company headquarters.

16. Copyright

All news, graphics and the design of the Lenus Pharma GesmbH website serve solely to provide personal information to our customers. Any use is at your own risk. All data in this offer is protected by copyright in accordance with §4 and §§87a ff. of Austrian copyright law.

The reproduction, copying or printing of the entire website is only permitted for the purpose of placing an order with our company. Any further processing, reproduction, distribution and/or public issuance exceeds normal use and is a violation of copyright.

17. Conciliation body

We recognise the internet ombudsman as an out-of-court mediation body. If you have further questions regarding dispute settlement, please contact our customer service: office@lenuspharma.com or the Internet Ombudsman at www.ombudsmann.at.

 18. Delivery

Service provision/delivery: Our company reserves the right to change the content of the services offered in the shop at any time. The prices for the goods and services offered by us do not include any transport costs. These costs are displayed in your shopping cart before the order is placed. If all the items ordered are not in stock for immediate delivery, they will be delivered as soon as they are available. Any further deliveries will take place as soon as the items are available. Delivery is undertaken by post. The risk of accidental loss and accidental deterioration of the goods passes to the Austrian customer once the goods are transferred to the transport company.

 19. Delivery periods

Delivery is usually within 5 working days from receipt of the order confirmation, but in any event within the statutory delivery time of 30 days from placement of the order. If the delivery has been delayed once due to unusual circumstances, contact will be made with the customer immediately after the delay is known, but in any event within a period of 30 days, and consent for later delivery will be obtained. If the customer does not agree to later delivery, he/she will be entitled to withdraw from the contract.

 20. Other terms

Compensation claims within the meaning of the Austrian Product Liability Act are excluded, unless the claimant can show that the error was caused in our sphere and has at least been caused by gross negligence.

The contract partner waives the possibility to offset costs. However this does not apply to consumers.

We recommend that you send declarations, notices, etc. – except for defect notifications – direct to us in writing.

 

(effective June 2014)