Terms and Conditions (GTC)
smartmelts GmbH (FN 535684 x)
Rechbauerstrasse 31 / 2nd floor, 8010 Graz
As of March 2022
ContentsGeneralApplication of the General Terms and ConditionsConclusion of a contractDefense clauseConclusion of contractStorage of the contract textRight of withdrawal / revocation (this section only applies to consumers)Terms of deliveryMaturity and retention of titlePrices, shipping costs and terms of paymentWarrantyExclusion of liabilityright of set-off, right of retentionData protectionChange to the general terms and conditions / right to change Severability clauseContract languageApplicable law and place of jurisdictionArbitration board and online dispute resolution (section only applies to consumers)
General Terms and Conditions (GTC) of smartmelts GmbH, FN 535684 x, Rechbauerstraße 31, 8010 Graz. District court for civil matters Graz (hereinafter referred to as "smartmelts").
These general terms and conditions (hereinafter referred to as "GTC") apply to all contracts that smartmelts concludes with its customers.
These terms and conditions therefore apply both to consumers within the meaning of the Austrian Consumer Protection Act (KSchG) and to entrepreneurs within the meaning of the KSchG.
The term “customer” includes both consumers and business customers. If the provisions of these General Terms and Conditions only apply to contracts with consumers, this will be explicitly pointed out; the same applies accordingly to the provisions of these General Terms and Conditions, which only apply to contracts with entrepreneurs. If there is no corresponding notice, the respective provision for consumers and entrepreneurs applies.
The currently valid version of these GTC can be accessed at any time at www.smartmelts.at/agb and is also available for download.
Changes or additions to a contract between smartmelts and an entrepreneur must be in writing. This also applies to changes to the written form requirement.
smartmelts is a lifestyle and digital health tech company that offers innovative nutritional supplements in the form of direct granules via offline and online channels. In addition, smartmelts offers a digital software solution (smartmelts® Digital Twin), which serves as a digital personal assistant and is intended to help with lifestyle-related decisions, such as the choice of suitable dietary supplements.
2. Validity of the terms and conditions
As soon as a customer places an order or otherwise enters into a contractual relationship with smartmelts, these GTC are deemed to have been agreed.
3. formation of a contract
The following regulations on the conclusion of a contract apply both to orders via our Internet shop http://www.smartmelts.at and to other orders directly from smart melts.
In the case of the conclusion of the contract, the contract comes with the
Rechbauerstraße 31 / 2nd floor
Commercial register number: FN 535684 x
Company register court: Regional court for ZRS Graz
4. defense clause
General terms and conditions or contract terms of the customer that deviate from these terms and conditions are not deemed to have been agreed unless they are expressly accepted by smartmelts as part of the contract.
5. conclusion of contract
The presentation of the goods in the smartmelts online shop does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer makes a binding offer to conclude a purchase contract.
The offer is accepted by smartmelts either in writing by e-mail (this is not the “order confirmation” below) or by sending the ordered goods within one week.
The offer is considered not accepted if smartmelts expressly rejects the offer by email to the email address provided by the customer or if smartmelts does not send the goods within one week.
The customer submits a binding contract offer in our online shop by successfully going through the ordering procedure provided in our online shop:
Selection of the desired article/the desired productClick on the button "Into the shopping cart"Check the goods in the shopping cartConfirm the purchase by clicking on the button "Checkout"Log in to the online shop after registering and entering the login data (it is also possible as a guest to place the order) Selection of the place of delivery and the desired payment method Repeat check or Correction of the information and data in the order overview Binding submission of the order by clicking on "Order with obligation to pay".
After receipt of the order, smartmelts sends a notification e-mail to the e-mail address provided by the customer, in which the receipt of the order is confirmed and its content is reproduced (hereinafter referred to as "order confirmation"). This order confirmation does not represent an acceptance of the offer by smartmelts.
6. Storage of the contract text
The text of the contract, i.e. the customer’s information about the ordering process, is saved by smartmelts and can be viewed by the customer under the “My Account” or “My Orders” link. Irrespective of this, smartmelts also sends these GTC in the order confirmation to the e-mail address provided by the customer.
7. Right of Withdrawal / Withdrawal (This section only applies to consumers)
Beginning of the cancellation policy
The following cancellation policy applies to contracts for goods that can be sent as a package by post or another shipping service provider.
Right of withdrawal for goods that can be sent by parcel post
As a consumer, you have the right to withdraw from this contract without giving a reason. The statutory cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier last took possession of the goods.
In order to exercise your right of withdrawal, you must inform smartmelts of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, a fax or an e-mail).
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation within the cancellation period.
Consequences of revocation
If you revoke this contract, smartmelts has given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, smartmelts uses the same means of payment that you used for the original transaction, unless something else was expressly agreed with you.
We can refuse repayment until smartmelts has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please send the goods to us immediately and in any case no later than 14 days from the day on which you inform smartmelts about the cancellation of this contract
Rechbauerstraße 31 / 2nd floor
or another location notified to you by smartmelts. The deadline is met if you send back the goods before the period of 14 days has expired.
Returns from Austria are free of charge.
Returns from outside Austria are to be paid for by the consumer.
The right of withdrawal/cancellation does not apply to the following contracts:
Services if smartmelts - on the basis of an express request by the consumer according to § 10 FAGG and a confirmation from the consumer that he was aware of the loss of the right of withdrawal in the event of complete fulfillment of the contract - had started to perform the service before the end of the cancellation period according to § 11 FAGG and the service was then fully rendered, goods that are manufactured to the consumer's specifications or are clearly tailored to personal needs, goods that can spoil quickly or whose use-by date would be exceeded quickly, goods that are delivered sealed and for reasons of health protection or are not suitable for return for hygiene reasons, provided that their seal was removed after delivery, goods that were inseparably mixed with other goods after delivery due to their nature, sound or video recordings or computer software that are in ei delivered in a sealed package if unsealed after delivery, books, newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications, goods which have been intentionally or accidentally damaged as a result of misuse. In the event of transport damage, please contact smartmelts immediately. Products that are returned due to an allergic reaction or intolerance will only be accepted by smartmelts if the allergen is not specified in the product description content, if smartmelts - with the express consent of the consumer, together with his acknowledgment of the loss of the right of withdrawal in the event of early start with the fulfillment of the contract, and after providing a copy or confirmation according to § 5 Para. 2 or § 7 Para. 3 FAGG - before expiry the withdrawal period according to § 11 FAGG has started with the delivery. Furthermore, the consumer does not have the right to withdraw from contracts for urgent repair or maintenance work where the consumer has expressly requested smartmelts to visit and carry out this work. If, during such a visit, smartmelts provides additional services that the consumer has not expressly requested, or if it supplies goods that are not absolutely necessary as spare parts for maintenance or repair, the consumer has the right to withdraw from these additional services or goods If you have received it damaged, smartmelts asks you to take a photo of it and send it to us immediately upon receipt. In this case it is possible to refund the goods.
End of the cancellation policy7
8. delivery terms
Unless otherwise agreed, delivery will be made to the address specified by the customer.
The estimated delivery time is indicated directly in the shopping cart. If payment is made in advance, the delivery period begins one day after receipt of the amount in smartmelts' bank account. In all other cases, the delivery period begins one day after receipt of the order.
smartmelts is not liable if there are obstacles to delivery that are caused by suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which smartmelts is not responsible, smartmelts is entitled to withdraw from the contract in whole or in part. smartmelts will inform the customer of this immediately. The customer cannot derive any claims against smartmelts from this, in particular no claims for damages.
If possible, the customer will be informed about existing delivery restrictions before the start of the ordering process.
smartmelts reserves the right to select the delivery agent.
smartmelts reserves the right, if the customer orders several goods, to send them to the customer as one complete delivery or in several partial deliveries.
The risk of loss of or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. This does not affect the provision on the transfer of ownership according to point 9.
The risk of loss of or damage to the goods passes to an entrepreneur at the time the goods are handed over to the delivery service. This does not affect the requirements for the transfer of ownership in point 9.
9. Maturity and retention of title
The due date of the purchase price depends on the agreed method of payment. In any case, the purchase price is due at the latest upon delivery of the goods.
In the case of payment in advance, the purchase price is due for payment upon receipt of the account details from smartmelts.
In the case of payment by cash on delivery, the purchase price claim only becomes due upon receipt of the goods.
For all other types of payment, such as payment via payment service providers (including Paypal), the purchase price is due at the time the contract is concluded.
The delivered goods remain the property of smartmelts until full payment has been made (retention of title).
10. Prices, shipping costs and terms of payment
The prices quoted are in euros and include the statutory sales tax and other price components. In addition, there are any shipping costs, which are shown separately.
Price errors remain reserved. If the price charged is higher, the customer will be contacted; in this case, a contract is only concluded if the customer wants to buy at the actual price. If the charged price is lower, this price will be charged.
For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes. Taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, for example if the customer makes the payment from a country outside the European Union.
smartmelts accepts the payment methods/means listed here:
Prepayment: With this payment, the customer transfers the invoice amount to the smartmelts account within 14 days after conclusion of the contract. The bank details of smartmelts can be seen both in the order confirmation and in the imprint. The goods will then be shipped after receipt of payment. Credit card: When paying by credit card, your credit card will be charged after the order has been completed. This also happens immediately if we do not have the goods in stock and can only send them in a few days. Our cooperation partner for this is Stripe.Paypal (https://www.paypal.com)Stripe (https://www.stripe.com)11. warranty
The statutory warranty provisions apply.
The warranty does not cover damage to the goods caused by the customer, such as improper handling, incorrect operation or unauthorized repair attempts.
Entrepreneurs are responsible for the notification of defects in accordance with §§ 377 f of the Austrian Commercial Code.
Consumers do not have this obligation to give notice of defects. However, you are expressly requested to report any defects in the delivery to smartmelts as soon as possible in order to support smartmelts in asserting claims against manufacturers, suppliers and the insurer.
If there is a manufacturer's guarantee, the customer must assert the claims arising from this directly against the manufacturer. smartmelts' liability under the guarantee is excluded.
Claims for damages by the customer against smartmelts are excluded insofar as smartmelts or its fulfillment or procurement assistants have not acted at least with gross negligence or with intent.
Liability for damage resulting from injury to life, limb and health or in accordance with the Product Liability Act remains unaffected.
13. Right of set-off, right of retention
The customer is not entitled to offset against smartmelts' claims unless the customer's counterclaims have been legally established or recognized by smartmelts.
The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.
Provisions on data protection are contained in the data protection declaration: www.smartmelts.at/datenschutz
15. Changes to the General Terms and Conditions / Subject to Change
We are entitled to change these general terms and conditions unilaterally, insofar as this is necessary to eliminate subsequent equivalence disturbances or to adapt to changed legal or technical framework conditions.
smartmelts will inform the customer about a change and send the content of the changed regulations to the last known e-mail address of the customer.
The change becomes part of the contract if the customer does not object to the inclusion in the contractual relationship in writing or in text form within six weeks of receipt of the notification of the change.
16. Severability Clause
Applies only between smartmelts and entrepreneurs: Should individual provisions of these GTC be or become invalid, void, unenforceable or ineffective, this shall not affect the validity of the remaining provisions of these GTC. However, the invalid, void, unenforceable or ineffective provision shall be deemed to have been replaced by a permissible provision that comes as close as possible to its economic purpose. The same applies accordingly in the case of gaps in these GTC.
17. contract language
The languages available for the conclusion of the contract are German and English. The contract, including the General Terms and Conditions, is concluded in the language that was used at the time you clicked on the "order with obligation to pay" field on the www.smartmelts.at homepage.
18. Applicable Law and Jurisdiction
The contract between smartmelts and the customer is subject to Austrian substantive law, to the exclusion of its reference standards and to the exclusion of the UN Sales Convention.
For all disputes arising from this contract, including the question of the valid conclusion of the contract and its preliminary and subsequent effects, the exclusive jurisdiction of the competent court for Graz, first district, is agreed. For consumers within the meaning of the Austrian Consumer Protection Act, the statutory places of jurisdiction apply.
19. Arbitration Board and Online Dispute Resolution (section applies to consumers only)
smartmelts prefers to resolve matters directly with consumers and therefore asks you as a consumer to contact smartmelts directly in the event of a dispute before lodging a complaint with the ombudsman.
Nevertheless, smartmelts undertakes to participate in the arbitration procedure of the Internet Ombudsman in disputes with consumers: https://ombudsmann.at/
Alternatively, if you have problems with smartmelts, you can submit a complaint to the European Commission's online dispute resolution platform and have it processed by an independent dispute resolution body: https://ec.europa.eu/consumers/odr
Our e-mail address: email@example.com
20. Customer service
Phone: +43 (0)660 3802448