Terms & Conditions

Index

1. General
2. Validity of the terms and conditions
3. Conclusion of a contract
4. Defence clause
5. Conclusion of contract
6. Storage of the contract text
7. Right of withdrawal / right of withdrawal (this section only applies to consumers)
8. Delivery terms
9. Due date and retention of title
10. Prices, shipping costs and payment terms
11. Guarantee
12. Disclaimer of liability
13. Right of set-off, right of retention
14. Data protection
15. Changes to the General Terms and Conditions / Reservation of changes
16. Severability clause
17. Contract language
18. Applicable Law and Jurisdiction
19. Arbitration board and online dispute resolution (section only applies to consumers)
20. Customer service

General Terms and Conditions (GTC) of smartmelts GmbH, FN 535684 x, Rechbauerstraße 31 / 2.OG, 8010 Graz. District Court for Civil Law Matters Graz (hereinafter referred to as “smartmelts”).

General

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 in the sense of the Austrian Consumer Protection Act (KSchG) and to entrepreneurs in the sense of the KSchG.

The term “customers” includes both consumers and business customers. If provisions of these terms and conditions only apply to contracts with consumers, this is explicitly pointed out; the same applies accordingly to the provisions of these terms and conditions, which only apply to contracts with entrepreneurs. If no corresponding notice is given, the respective provision applies to consumers and entrepreneurs.

The currently valid version of these terms and conditions can be called up at any time at www.mydigitaltwin.at/terms and is also available for download.

Changes or additions to a contract between smartmelts and an entrepreneur must be made 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) that serves as a digital personal assistant and is intended to help with lifestyle-relevant decisions, such as the choice of suitable food supplements.

Validity of the terms and conditions

As soon as a customer places an order or otherwise enters into a contractual relationship with smartmelts, these terms and conditions are deemed to have been agreed.

Conclusion of a contract

The following provisions on the conclusion of a contract apply both to orders via our internet shop www.mydigitaltwin.at and to other orders directly from smartmelts GmbH.

In the case of the conclusion of a contract, the contract is concluded with:

smartmelts GmbH
Rechbauerstraße 31 / 2.OG
A – 8010 Graz
‍
Commercial register number: FN 535684 x ​​
Commercial register court: Regional court for ZRS Graz

Defence clause

General terms and conditions or contractual conditions of the customer that deviate from these terms and conditions are deemed not to have been agreed, unless these are expressly accepted by smartmelts as part of the contract.

Conclusion of contract

The presentation of the goods in the smartmelts online shop does not constitute 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 submits a binding offer to conclude a purchase contract.

The acceptance of the offer by smartmelts takes place either in writing by e-mail (this is not the “order confirmation” listed below) or by sending the ordered goods within one week.

The offer is deemed not to have been accepted if smartmelts expressly rejects the offer by e-mail to the e-mail address given 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:

1. Selection of the desired article / product
2. Click on the “Add to cart” button
3. Checking the goods in the shopping cart
4. Confirm the purchase by clicking on the “Checkout” button
5. Registration in the online shop after registering and entering the login data (it is also possible to place an order as a guest)
6. Selection of the place of delivery and the desired method of payment
7. Another check or correction of the information and data in the order overview
8. Binding sending 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 constitute an acceptance of the offer by smartmelts.

Storage of the contract text

The text of the contract, i.e. the customer’s information on the order process, is saved by smartmelts and can be viewed by the customer under the link “My Account” or “My Orders”. Regardless of this, smartmelts also sends these terms and conditions in the order confirmation to the email address provided by the customer.

Right of withdrawal / right of 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 as parcels

‍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 cancellation, you must inform smartmelts of your decision to cancel this contract by means of a clear declaration (for example a letter sent by post, a fax or an email).

To meet the cancellation deadline, it is sufficient for you to send the notification that you are exercising your right of cancellation within the cancellation period.‍

Consequences of withdrawal

‍If you withdraw from this contract, smartmelts will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within 14 days from the day on which we received 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 the repayment until smartmelts has received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

Please send the goods immediately and in any case no later than 14 days from the day on which you informed smartmelts of the cancellation of this contract:

smartmelts GmbH
Rechbauerstraße 31 / 2.OG
8010 Graz
AT

or another location announced to you by smartmelts. The deadline is met if you send 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 / revocation does not apply to the following contracts:‍

• Services, if smartmelts – on the basis of an express request by the consumer according to § 10 FAGG as well as confirmation of the consumer’s knowledge 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 withdrawal period according to § 11 FAGG Service has then been fully provided,
• Goods that are manufactured according to the specifications of the consumer 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 are unsuitable for return for health or hygiene reasons, provided that the seal has been removed after delivery,
• Goods which, due to their nature, were inseparably mixed with other goods after delivery,
• Sound or video recordings or computer software that are delivered in a sealed package, provided that the seal has been removed after delivery,
• Books, newspapers, magazines or magazines with the exception of subscription contracts for the delivery of such publications,
• Goods that have been intentionally or unintentionally damaged due to improper use. 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 shown in the product description.
• the delivery of digital content not stored on a physical data carrier, if smartmelts – with the express consent of the consumer, combined with his knowledge of the loss of the right of withdrawal in the event of early start of the performance of the contract, and after provision of a copy or confirmation according to § 5 para. 2 or Section 7 (3) FAGG – has started delivery before the withdrawal period according to Section 11 FAGG has expired.
• Furthermore, the consumer has no right to withdraw from contracts for urgent repair or maintenance work, for which the consumer has expressly requested smartmelts to visit us to carry out this work. If smartmelts provides additional services during such a visit that the consumer has not expressly requested, or if he delivers goods that are not necessarily required as spare parts for maintenance or repair, the consumer has the right to withdraw from these additional services or goods.
• If you have received this damaged, smartmelts asks you to take a photo immediately upon receipt and send it to us. In this case it is possible to refund the goods.

‍‍End of the cancellation policy 7

Delivery terms

Unless otherwise agreed, delivery will be made to the address specified by the customer.

The expected delivery time is specified directly in the shopping cart. When paying in advance, the delivery period begins one day after receipt of the amount on the smartmelts bank account. In all other cases, the delivery period begins one day after receipt of the order.

smartmelts is not liable in the event of delivery obstacles in the area of ​​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 about 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 of existing delivery restrictions before the ordering process begins.

smartmelts reserves the right to select the deliverer.

smartmelts reserves the right, if the customer orders several goods, to have these delivered to the customer as a complete delivery or in several partial deliveries.

The risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party other than the carrier designated by him. This does not affect the provision on the transfer of ownership according to point 9.

The risk of loss or damage to the goods is transferred 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.

Due date 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 upon delivery of the goods at the latest.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 due date of the purchase price claim only occurs 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 they have been paid for in full (retention of title).

Prices, shipping costs and payment terms

The prices quoted are in euros and include statutory sales tax and other price components. In addition, there are any shipping costs, which are shown separately.

We reserve the right to make price errors. If the charged price 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.

In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place in a country outside the European Union, e.g. 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 of the conclusion of the contract. The bank details of smartmelts can be seen in the order confirmation as well as in the imprint. The goods are then dispatched after receipt of payment.
• Credit card: If you pay by credit card, your credit card will be charged after you have placed your order. 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 )

Guarantee

The statutory warranty provisions apply.

The warranty does not cover damage to the goods caused by the customer, for example in the event of improper handling, incorrect operation or unauthorised repair attempts.

Entrepreneurs are responsible for notifying defects in accordance with §§ 377 f of the Austrian Business Code.

Consumers do not have this obligation to complain. However, you are expressly asked to notify smartmelts of any defects in the delivery 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. The liability of smartmelts from the guarantee is excluded.

Disclaimer of liability

Claims for damages by the customer against smartmelts are excluded unless smartmelts or their vicarious agents or agents have acted with gross negligence or intent.

This does not affect liability for damage resulting from injury to life, limb and health or as far as under the Product Liability Act.

Right of set-off, right of retention

The customer is not entitled to offset against the claims of smartmelts, unless the counterclaims of the customer have been legally established or have been recognized by smartmelts.

The customer may only exercise a right of retention if his counterclaim is based on the same sales contract.

Data protection

Data protection provisions are contained in the data protection declaration: www.mydigitaltwin.at/privacy

Changes to the General Terms and Conditions / Reservation of changes

We are entitled to unilaterally change these general terms and conditions, insofar as this is necessary to remove equivalence disruptions that subsequently arise or to adapt to changed legal or technical framework conditions.

smartmelts will notify the customer of any change by notifying the content of the changed regulations to the customer’s most recently announced e-mail address.

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 after receipt of the notification of change.

Severability clause

Only applies between smartmelts and entrepreneurs: Should individual provisions of these terms and conditions be or become invalid, void, impracticable or ineffective, this shall not affect the validity of the remaining provisions of these terms and conditions. The invalid, void, unenforceable or ineffective provision is deemed to be replaced by a permissible provision that comes as close as possible to its economic purpose. The same applies accordingly in the event of gaps in these terms and conditions.

Contract language

The languages ​​available for the conclusion of the contract are German and English. The contract, including the terms and conditions, is concluded in the language that was used at the time of clicking on the “order subject to payment” field on the www.smartmelts.at homepage.

Applicable Law and Jurisdiction

The contract between smartmelts and the customer is subject to Austrian substantive law, excluding its reference norms and excluding the UN sales law.

For all disputes arising from this contract, including the question of the valid formation of the contract and its pre- and post-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.

Arbitration board and online dispute resolution (section only applies to consumers)

smartmelts prefers to clarify matters with consumers directly and therefore asks you as a consumer to first contact smartmelts directly in the event of a dispute before you submit a complaint to 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 myDigitalTwin, you can submit a complaint to the European Commission’s online dispute settlement platform and have it processed by an independent dispute settlement body:
https://ec.europa.eu/consumers/odr

Our e-mail address: hello@mydigitaltwin.at

Customer service

Phone: +43 (0)680 3220 870

Email: hello@mydigitaltwin.at