General Terms and Conditions
§ 1 Scope
(1) The following Terms and Conditions form an integral part of any contractual relationship between HUMDYNAMIX GmbH, Sparkassenstr. 8, 5020 Salzburg Austria (hereinafter referred to as “HUMDYNAMIX”) and its customers.
(2) HUMDYNAMIX shall render all its services and product deliveries exclusively on the basis of these Terms and Conditions.
§ 2 Conclusion of Contract
(1) The presentation of goods and services, in particular on the internet, does not represent a binding offer from HUMDYNAMIX.
(2) The customer may select from the offer in our on-line store or personally via phone or email. In our online shop we are providing offers. Our customers can place the respective products or services into the shopping-cart and revise or correct the data before placing a binding offer. By finally ordering the customer makes a binding offer to purchase the goods and/or services and accepts these General Terms and Conditions.
(3) The customer is informed about the receipt of the order by e-mail. This does not represent a binding acceptance of the order. The contract is only entered into when a separate delivery confirmation is sent by e-mail or when the goods or services are delivered. We save the order details that have been entered.
(4) The language for the contract process is currently made in German but based on these General Terms and Conditions in English.
§ 3 Delivery Terms
(1) Unless agreed otherwise in writing, the delivery shall be made ex works or ex stock. If the customer is a private consumer, the shipping risk shall be borne exclusively by HUMDYNAMIX.
(2) If the delivered goods show apparent transportation damages, kindly inform the forwarding agent and contact us immediately. The delay of your complaint does not affect your legal rights according to law, and has no consequences for warranty claim rights. You support us, to enforce our rights towards forwarding carrier respectively to claim the transportation insurance compensation.
(3) Additional to the product prices delivery costs will be charged additional. The standard delivery charges are EUR 6,90 in Austria and EUR 9,90 to Germany. For deliveries to other countries special charges apply, which will be communicated to customer upfront. Usually for the delivery of analysis results by email no transportation charges apply.
(4) Delivery will be executed within working days whereby working days shall mean Monday to Friday, with the exception of public holidays. The customer is informed about delivery time and varies depending on the country and delivery method. Delivery times and cost may vary in different countries.
(5) The goods shall remain the property of HUMDYNAMIX until payment has been received in full.
§ 4 Terms of Payment
(1) We accept the following payment methods:
- Credit Cards (Visa, Master and American Express). By ordering in this way our customers submits us his/her credit card details. After legitimation as the owner of the credit card we are immediately the order towards the credit card agency to execute the payment transaction. The payment process is automatically executed by your credit card agency and your card is debited.
- PayPal: If payment is made by the payment method “Payment by PayPal”, the purchase price demand shall be transferred to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (“PayPal”). The data that is required to process the payment shall be provided to PayPal. For the purpose of its own creditworthiness check, PayPal shall provide data to credit reporting agencies (credit agencies) and shall receive from them information and, if necessary, creditworthiness information on the basis of mathematical-statistical processes (probability values or score values) which use, among other things, address details for calculation purposes. By selecting the aforementioned payment method, the customer hereby declares that he or she agrees to the submission of data to PayPal as well as to the carrying out of credit checks. More detailed information in this regard and on the credit agencies used may be obtained from the data protection provisions of PayPal, which may be viewed here.
- TUEV certified Immediate on-line banking system via PIN-/TAN. No registration is needed for the kind of payment, you solely need a on-line banking account at your bank.
(2) All prices are to be understood as including statutory sales tax.
(3) Unless something to the contrary is agreed separately, all shipping costs, in particular packaging, transport costs, transport insurance, and notifications, shall be borne by the customer, see section 3 of these terms .
(4) Orders from first-time customers shall be paid by prepayment or cash on delivery.
(5) If a customer defaults on payment, even if the default on payment is not the customer’s fault, the customer shall undertake to pay the resulting reminder fees as well as interest amounting to 12.5% p. a. As a consequence, a debt collection agency shall be instructed to collect the debt.
Apart from the above-mentioned costs, all costs incurred by the debt collection agency that are invoiced to us, the maximum sum of which shall be determined by BGBI No. 141/96 (ordinance on the highest chargeable rates for debt collection agencies), shall be charged to the defaulting customer insofar as these costs are reasonable and necessary for the prosecution of our claim.
The customer is herewith explicitly informed that in the event that he/she defaults on payment to HUMDYNAMIX GmbH, in accordance with Art. 6 (1) f) of the General Data Protection Regulation (GDPR) his/her name (inclusive of former names), gender, address, profession, outstanding amount and reminder data will be input into the Warenkreditevidenz (database of defaulters) and will be shared with agencies authorised to collect debts. The exercise of further rights and demands by HUMDYNAMIX remains unaffected by the above.
§ 5 Cancellation Right
Customers have the right withdraw from the contract, if purchased online, within a period of fourteen days without mentioning specific reason.
The cancelation period starts with the receipt of the specific products by the customer or a designated party (that is not a shipping agent) named by the customer. If a customer has ordered various products under one order and some products are delivered individually, the period starts with the receipt of the finally delivered products.
To exercise the right to cancellation, you have to inform:
HUMDYNAMIX GmbH
Sparkassenstr. 8
5020 Salzburg
Austria
+43 664 25 44 763
office@humdynamix.com
The cancelation can be made in form of letter, e-mail or via telephone. Ideally the customer shall use the following contents in the cancelation:
- To (enter name, address, e-mail)
- I hereby cancel the contract concluded regarding the purchase of the following products and/or (<please specify or delete the not applicable>) the rendering of the analysis service
- Ordered on <please specify> and received on <please specify >
- Name and address of the customer
- Date
The products have to be in the original sealed condition and have to be returned in above mentioned fourteen days period. The costs for returning the products shall be borne by the customer. In case of valid cancelation, HUMDYNAMIX will refund the payments made by the customer including the original delivery costs (excl. the aforementioned costs for returning the products). HUMDYNAMIX may refuse to refund until the products have been received (and inspected) or until proof is provided that the products have been returned, whichever is earlier for you. HUMDYNAMIX will use the same means of payment for this refund as it has been used within the original transaction, unless expressly agreed otherwise. There will no other charges apply for the refund. The customer is however liable for any loss in value of the products due to handling of the products which was not necessary for checking the nature and fitness of the products.
There is no right of revocation for the delivery of
- quickly perishable products, sealed products which are not suitable for return for reasons of health protection or hygiene as soon as the seal has been removed,
- products which, due to their nature, were inseparably mixed with other goods after delivery,
- products or services which are not prefabricated and for the manufacture of which an individual choice or destination by the customer is decisive or which are clearly tailored (“personalized”) to the personal needs of the customer.
- analysis reports
§ 6 Privacy Statement
The protection of your personal data is very important to us.
(1) HUMDYNAMIX uses the data provided by the customer (name, gender, address, e-mail address, telephone number, fax number, bank details, IP address, health questionnaire, time of visit and geographic location) exclusively for the corresponding purpose and in compliance with the valid statutory provisions; any other use is solely with the customer’s explicit consent. The customer may object to the use of his/her data at any time.
(2) The customer explicitly agrees that HUMDYNAMIX may process the customer’s personal data as specified in the foregoing paragraph for the purpose of providing access to the contractual services (use of the website) www.humdynamix.com and, in particular, of the online shop in order to purchase HUMDYNAMIX products and/or services, to communicate with the customer, to analyse user behaviour and to process his/her order and agrees to exchange personal data without encryption. For the purpose of contract performance, i.e. delivery, the customer’s personal data are shared with the forwarding agent where this is necessary for the delivery of the goods. The forwarding agent is also obliged to use the customer’s personal data exclusively in accordance with the provisions of applicable data protection legislation. The medical analysis data is shared with a doctor of medicine in order to provide the right judgement. The doctor of medicine is also obliged to use the customer’s personal data exclusively for the purpose for the right judgement towards HUMDYNAMIX.
If you contact HUMDYNAMIX, your details will be stored with us to process the request and in case of follow-up questions. We will not share this information without your consent. In case you receive an e-mail from us, the e-mail and the attachments may contain proprietary trade or business secrets and therefore shall be kept strictly confidential and are only intended for its addressee(s). If you have received an e-mail from us in error, you are hereby notified that any review, copying, distribution or any use of the content hereof is strictly prohibited and we kindly as you to destroy the received e-mail and attachments immediately. Despite commercial check, it cannot be ensured that attachments and links do not contain any malware.
Our website uses cookies to track visitors’ preferences and be able to optimize the website. Cookies are pieces of information stored on your computer, which are automatically recognized during your next visit to our website. You also have the option to reject acceptance of cookies, or delete them, using your browser settings. Please note that some of the functions on this website may then not be possible to execute. If external links should be found on our website, we assume that these pages are implemented in accordance with the required data protection rules, but cannot give any guarantee. Upon leaving our website, the responsibility is transferred to the owner of the link.
The customer may however withdraw his/her declaration of consent at any time without specifying grounds by writing to HUMDYNAMIX whereby the further use of data by HUMDYNAMIX. save for purposes necessary for contract performance shall become unlawful. In the event of a consent, the customer may at any time request details of the data stored by HUMDYNAMIX, alter them or have them erased and may withdraw his/her consent at any time.
§ 7 Warranty and Limitation of Liability
(1) With regard to the warranty, these legal provisions shall apply to the extent that nothing to the contrary has been agreed otherwise.
(2) The warranty period is 24 months and commences with the transfer of the purchased goods if the customer is a consumer.
(3) If the customer runs a business, the period is 12 months commencing with the transfer of the goods.
(4) The period of limitation for claims for compensation for loss of life, physical injury, or damage to health that are the result of an intentional or negligent breach of obligation by the seller or of an intentional or negligent breach of obligation by a legal representative or agent of HUMDYNAMIX shall remain unaffected. In addition, the period of limitation for claims for compensation for other damages that are the result of an intentional or grossly negligent breach of obligation by the seller or of an intentional or grossly negligent breach of obligation by a legal representative or agent of HUMDYNAMIX shall remain unaffected. If HUMDYNAMIX negligently breaches a substantial contractual obligation, the period of limitation for claims for compensation shall likewise remain unaffected. Substantial contractual obligations are those obligations which the contract imposes upon HUMDYNAMIX according to its content for achieving the purpose of the contract, the fulfilment of which actually makes the proper execution of the contract possible in the first place and compliance with which the customer may regularly rely upon (such as the delivery of the goods and/or services and the acquisition of title to the goods).
(5) The customer that runs a business shall examine the goods immediately upon delivery by HUMDYNAMIX to the extent that this is feasible in the regular course of business and, if a defect is revealed, shall immediately report it to HUMDYNAMIX. If the customer does not make such a report, the goods shall be deemed to have been accepted unless the defect is a defect which was not apparent during the examination. If such a defect is revealed at a later date, the report must be made immediately upon discovery. Otherwise, the goods shall be deemed to have been accepted even in view of this defect. Prompt submission of the report shall be sufficient to preserve the rights of the customer. If HUMDYNAMIX has maliciously concealed the defect, it may not make use of these provisions.
(6) The medical analysis and the respective results delivered are based on a physical-analytical method. The results of this analysis provides the orthomolecular educated medical doctor additional information for diagnose and therapy. HUMDYNAMIX explicitly stresses out, that the analysis results provided shall not be used for self-diagnostics. In case this is not followed, HUMDYNAMIX shall be kept free from any claim.
(7) Otherwise, with the exception of loss of life, physical injury and damage to health, HUMDYNAMIX shall only be liable for damages that are attributable to intentional or grossly negligent behavior. This also applies to indirect consequential damages, such as in particular lost profit.
(8) Apart from in the case of intentional or grossly negligent behavior or damages resulting from loss of life, physical injury and damage to health, the liability shall be limited to the damages that are typically foreseeable when the contract is concluded and shall also be limited in their amount to the average damages that are typical of the type of contract. This also applies to indirect consequential damages, such as in particular lost profit.
(9) The limitations of liability outlined in this paragraph shall also apply analogously in favor of the employees, agents and co-operating medical doctors of HUMDYNAMIX.
(10) Claims for liability on the basis of the Austrian Product Liability Act remain unaffected.
§ 8 Final Provisions
(1) The law of the Federal Republic of Austria shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Regardless of the specific choice of law, consumers with a regular domicile outside of Austria may also resort to the law of the country in which they have their legal residence.
(2) If the customer runs a business, the place of performance shall be the registered office of HUMDYNAMIX.
(3) If the customer runs a business, the court in Salzburg, Austria that exercises commercial jurisdiction shall be responsible for ruling on any possible disputes arising from this contract.
(4) On 15 February 2016, the European Commission established an internet platform for online dispute resolution. This is intended to enable consumers and retailers to settle disputes relating to online purchase contracts or online service contracts simply, efficiently, swiftly and out of court. The platform can be accessed at http://ec.europa.eu/consumers/odr
We prefer to settle your concerns directly and do not participate in consumer arbitration proceedings. In such a situation, we ask you to contact us by e-mailing office@humdynamix.com.
Copyright © HUMDYNAMIX GmbH. All rights reserved.