Terms of service
FOR PURCHASES IN THE ONLINE SHOP OF NOUMEN HEALTH GMBH
§ 1 GENERAL, SCOPE OF THE TERMS AND CONDITIONS
1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as "GTC") in the version valid at the time of the order.
1.2 The contractual partner is NOUMEN Health GmbH, Weingartenstraße 14/6, A-4100 Ottensheim (hereinafter "Seller").
1.3 Customers within the meaning of these Terms and Conditions may be both consumers and entrepreneurs (hereinafter "Customer"). Consumers in the sense of the Terms and Conditions are natural persons who conclude contracts for a purpose that can predominantly be attributed neither to their commercial nor to their professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when entering into a contract with the Seller, are acting in the exercise of their commercial or independent professional activity.
§ 2 CONCLUSION OF THE CONTRACT, FORMATION OF THE CONTRACT
2.1 Our offer is binding. With your order you accept our offer to conclude a contract. The contract is concluded when you send your order to us. You will receive an order confirmation by e-mail.
2.2 Once you have found the desired product, you can take a closer look at it without obligation by clicking on the product name, the product image or the button [to the product]. By clicking the button [Add to cart] you can put the item in the shopping cart. You can view the contents of the shopping cart at any time without obligation by clicking on the shopping cart graphic or the [To shopping cart] button in the shopping cart window that opens. You can change the products by adjusting the number and / or the button [Remove] and the button [Update] and / or remove them from the cart. If you want to buy the products in the shopping cart, click on the [Checkout] button in the "Shopping Cart" page. In the course of the further ordering process, you can log in via your customer account or enter additional contact information for shipping. After clicking the button [Continue to shipping] you can select the shipping options. After clicking the button [Continue to Payment] you will reach the next step of the order process and can select the desired payment method. In the last step you get under "Review" again an overview of your order data and can check your information again and correct under [Change]. You can also correct input errors by using the buttons provided to return to previous order steps, navigate backwards in the browser or cancel the order process and start over. On the subpage "Review" you will be referred to our general terms and conditions and the cancellation policy - both texts can also be accessed here. To complete the purchase, you must click the [Buy] button. This will send the order to us.
§ 3 CONTRACT LANGUAGE
The language available for the conclusion of the contract is German.
§ 4 RIGHT OF WITHDRAWAL
Consumers have a fourteen-day right of withdrawal. Here you will find the details of your right of withdrawal.
The right of withdrawal does not apply to the following contracts:
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.The right of withdrawal applies exclusively to consumers.Notwithstanding his right of withdrawal, the customer shall carefully pack the goods for return.
§ 5 STORAGE OF THE CONTRACT TEXT
The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the general terms and conditions will also be sent to the customer by email upon request.
§ 6 PAYMENT AND DELIVERY
There are no additional costs for the payment methods offered by the Seller.
6.1 We deliver exclusively to the following countries: Germany, Austria, Luxembourg, Italy, Spain, France, Poland, Czech Republic, Netherlands, Sweden, Norway, Monaco, Finland, Belgium, Hungary, Slovenia, Slovakia, Bulgaria, Romania, Denmark, Portugal and Greece.
6.2 Shipping: Unless otherwise stated in the respective offer, the delivery of the goods in the domestic market (Germany) within 3 - 4 days, for foreign deliveries within 3 - 5 days after conclusion of the contract.If you have ordered items with different delivery times, we will ship the goods in one shipment, unless we have made other arrangements with you. In this case, the delivery time is determined by the article with the longest delivery time that you have ordered.
Unless otherwise agreed, the delivery will be made from stock, to the delivery address specified by you. Information about the delivery time is not binding, unless exceptionally the delivery date was bindingly promised.We are entitled to partial deliveries, as far as this is reasonable for you. Additional shipping costs shall only be incurred if expressly agreed.If the seller incurs additional shipping costs due to the specification of an incorrect delivery address or an incorrect addressee, these costs are to be reimbursed by the customer, unless the customer is not responsible for the incorrect specification.The stated delivery periods begin in the case of payment by cash in advance and instant transfer after issuance of the payment order to the remitting credit institution; in the case of payment by credit or debit card after debiting the customer's account.The delivery periods end with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or on a state-recognized holiday, the next working day shall take the place of such a day.
§ 7 SHIPPING COSTS
All shipping costs, in particular packaging, transport costs and delivery are at the expense of the customer, unless otherwise agreed. An overview of the shipping costs can be viewed here: If the delivery is made to non-EU countries, further customs duties, taxes or fees may be payable by the customer, but not to the seller, but to the relevant customs or tax authorities. The Customer is advised to ask the customs or tax authorities for the details before placing the order.
§ 8 RESERVATION AND SELF-DELIVERY
The conclusion of the contract is subject to the reservation that in the event of improper, delayed or non-existent self-delivery, we shall not perform or shall perform only partially or correspondingly later. This shall only apply in the event that there is a congruent covering transaction between the Seller and the Supplier, the Seller is not responsible for the improper, delayed or non-existent self-delivery and it cannot be remedied with reasonable efforts. In case of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.
§ 9 TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, the customer must complain about such defects as soon as possible to the deliverer and contact the seller. Failure to complain or contact the seller has no consequences for the legal claims and their enforcement, especially warranty rights. The customer can help to assert the claims of the seller against the carrier or transport insurance.
§ 10 TERMS OF PAYMENT
The following payment methods are generally available in our store:
- Google Pay
- Apple Pay
- Credit Card (VISA, Mastercard, Maestro, Amex)
- Instant Payment (Klarna Sofort),
- Klarna Sofort, Pay Later und Pay Now
- EPS Bank Transfer
- Amazon Payment
We reserve the right to exclude individual payment methods.
10.1.1 When paying by credit card (VISA, Mastercard, Maestro, Amex), you provide us with your credit card details when placing your order. A debit of the credit card or the specified account will be made immediately after the order and your legitimation as a legitimate credit card holder.
10.1.2 When paying with Klarna Sofort/Pay Now you will be redirected to the payment form of Sofort GmbH. Here you must select your bank, log in with your online banking data and release the process with a TAN. The debit takes place immediately after placing your order. We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that a performance with debt-discharging effect is only possible against Klarna.Please note that we are still responsible for general customer inquiries (e.g. regarding the goods, delivery time, shipment), returns, complaints, revocation declarations and deliveries or credit notes even if payment is made by instant bank transfer via Klarna.
10.1.3 For payment on account via Klarna "Pay later", Klarna will check your creditworthiness to determine whether payment on account can be offered to you. If payment by invoice is possible, you will receive an invoice from Klarna with payment instructions no later than 5 days after the order has been shipped or if more than 21 days have passed, regardless of whether you have already received the goods. If the order has not been shipped within 21 days, please contact us first and then Klarna to pause the payment period. We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that performance with debt-discharging effect is only possible against Klarna.Please note that even if you pay by invoice via Klarna, we are still responsible for general customer inquiries (e.g. about the goods, delivery time, shipping), returns, complaints, revocations and returns or credit notes.
10.1.4 When paying by EPS Überweisung, a central list of participating Austrian banks will open after you have selected your payment method, where you can select your bank. You then enter your login data in the login window of your online banking and execute the transfer immediately using a TAN. No registration is required for payment with EPS Überweisung.
10.1.5 For payment with Amazon Pay, you will be redirected to the Amazon website after selecting the payment method. In order to use the payment method, you must be registered with Amazon or register. After you have entered your access data for your Amazon account on the Amazon site, you select the delivery address and the payment method and confirm the payment instruction to us. Finally, you will be redirected back to our store where you can complete the order process. After placing the order, Amazon will ask us to initiate the payment.
10.1.6 If you pay by PayPal, you will be redirected to the PayPal website directly from the order process. A payment via PayPal can only be made if you are registered or registering with PayPal. You will then be redirected directly to the payment page and confirm the payment instruction to us. PayPal will be requested by us to initiate the payment transaction after submission of the order and will do so automatically.
10.1.7 For a payment via Google or Apple Pay, you can initiate payment transaction via your smartphone or wearable.For a payment with Google Pay, you must be registered with Google Pay. After selecting the payment method Google Pay, please enter your access data for this and confirm the payment with a payment method you have stored (credit card or giro card). The transaction will be carried out immediately after placing the order. The payment data you have deposited with Google Pay will not be transmitted to us.To pay with Apple Pay, you must be registered with Apple and have activated the "Apple Pay" function. After selecting the payment method, please enter your Apple account access data to legitimize yourself. After that, please confirm the payment instruction for payment to us with a payment method you have deposited (credit card or giro card). The payment will be made immediately after submitting the order.
10.2 In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.
10.3 If you are a consumer, the purchase price shall bear interest at the rate of 5% points above the base interest rate upon the occurrence of default in payment during the period of default. If you are not a consumer, the interest rate during the default of payment shall be 9% points above the base interest rate. In addition, we are entitled to claim a lump-sum compensation of € 40 from entrepreneurs in the event of late payment. We reserve the right to prove and assert a higher damage caused by default.
§ 11 RESERVATION OF OWNERSHIP
The goods remain our property until full payment.
§ 12 CUSTOMER SERVICE AND COMPLAINT MANAGEMENT
We are available for you at hello @ noumen.co from Monday - Friday from 9:00 - 19:00. If you have any questions regarding the delivery of the goods, you can contact the seller.Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show pursuant to Art 14 para 1 ODR Regulation. We are generally not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 13 PROTECTION OF MINORS
If your order includes goods, the sale of which is subject to age restrictions, we ensure through the use of a reliable procedure involving a personal identity and age check that the customer has reached the required minimum age. The delivery person shall hand over the goods only after the age check has been carried out and only to the customer in person.
§ 14 DISCLAIMER FOR WEBSITE TEXTS
Any dosage or application is at the user's own responsibility and risk. We assume no liability of any kind for information on dosage of individual substances and forms of application as well as any medical inaccuracies in the content. Orthomolecular recommendations are intended to accompany any medical treatment. They are not a substitute for treatment without medical consultation. They support the self-regulation of the body. If you are taking any medications or are undergoing medical treatment, you should consult your physician before taking any of the products we offer. No recommendation can replace medical advice, diagnosis or care. This has been prepared in good faith and in reliance on the professional integrity of our sources.
§ 15 FINAL PROVISIONS
Austrian law applies to the exclusion of international reference standards and the provisions of the UN Convention on Contracts for the International Sale of Goods.Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the rest of the contract.
Version: July 2021