Validity and legal obligation:
The following terms and conditions apply to all contracts accepted and to be executed by us (subject matter of performance) and shall be deemed to be recognised and legally binding by our customers at the latest upon the order to us or with the operation of the delivery of the object of the contract, even if conflicting terms and conditions of our customers are not expressly contradicted by us.
The General Terms and Conditions are displayed in our business premises and published on the Internet under geovital.com.
The General Terms and Conditions also apply to all future business relationships, even if they are not expressly referred to in full. Counter-confirmations from our customer, indicating their own terms and conditions, are hereby expressly objected to at this time.
In principle, our employees are not allowed to make different commitments from our terms and conditions. In such a case, we expressly reserve the right to withdraw from the contract.
Subsequent changes to these terms and conditions shall only be valid if they have been prepared and confirmed by us in writing.
Performance, subject matter of the contract, content and examination:
The subject of the contract is the supply of Geovital products (radiation protection materials, antistatic bed materials, building materials), consulting and other services.
The development of individual concepts commissioned by our customer is based on the type and scope, the information and documents provided to us.
The basis for the creation of individual concepts is the written service description, which we prepare against cost calculation on the basis of the documents and information provided. The service description must be checked by the customer for correctness and completeness and provided with his approval certificate.
You can revoke your contract declaration within 14 days without giving reasons by means of a clear declaration. The period begins after receipt of this instruction on a durable data carrier. In order to comply with the withdrawal period, the rightful sending of the revocation is sufficient if the declaration is made on a durable medium (e.g. letter, fax, e-mail). The revocation must be addressed to:
Geovital Academy of Natural Healing Procedures GmbH, A-6934 Sulzberg
In the event of an effective revocation, the services received by both parties shall be returned. You are obliged to pay compensation for the service provided up to the revocation if you have been informed of this legal consequence before submitting your contract declaration and have expressly agreed that we will begin to execute the consideration before the end of the withdrawal period.If there is an obligation to pay compensation, this may result in them having to fulfil the contractual payment obligations for the period up to the revocation. Your right of withdrawal expires prematurely if the contract is fully fulfilled by both parties at your express request before you have exercised your right of withdrawal. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation declaration, for us with its receipt.
You have to send the goods immediately and in any case no later than 14 days on which you have informed us of the revocation of this contract.
Geovital Academy of Natural Healing Procedures GmbH, A-6934 Sulzberg
to be returned or handed over. The deadline is met if you send the goods before the expiry of the period of 14 days.
If you withdraw from this contract, you are also no longer bound by a contract related to this contract. If the related contract relates to a service provided by us or a third party on the basis of an agreement between us and the third party.
Consequences of revocation:
In the event of an effective revocation, the services received by both sides must be reimbursed and any benefits drawn (e.g. interest) must be surrendered. If our customer is unable to grant us or give it back the received service, as well as uses (e.g. benefits of use) or only in a deteriorated condition, our customer must compensate us for value compensation in this respect.
For the deterioration of the item, our customer must pay compensation for value, insofar as the deterioration is due to a handling of the item that goes beyond the examination of the characteristics and the functioning. “Testing the properties and functionality” means testing and testing the respective product, as is possible and usual. Items that can be shipped by parcel must be returned at our expense and risk.
Items that cannot be shipped by parcel will be collected from our customer.
Obligations to reimburse payments must be fulfilled within 30 days. The period begins with the sending of the revocation declaration for us with its receipt.
The right of withdrawal of our customer expires prematurely if the contract is expressly to be regarded as fulfilled by both parties at the request of the customer before our customer has exercised his right of withdrawal.
There is no right of withdrawal for:
Services, the execution of which is started by our customers within 7 working days from the conclusion of the contract,
goods or services the price of which depends on the evolution of rates on financial markets over which the trader has no influence,
Goods manufactured according to customer specifications that are clearly tailored to personal needs that, by their nature, are not suitable for return.
Offer and conclusion of the contract:
Unless otherwise stated in our offers, these are subject to change and are non-binding. Declarations of acceptance and all orders require written confirmation (also e-mail as PDF file) for legal effect on our part. The same applies to additions, amendments or ancillary agreements for commissioned deliveries and services.
The individual service offered by us is always based on the information provided by our customer.
The information about our products contained in catalogues, brochures, circulars, advertisements, illustrations, price lists and the like is only relevant if this is expressly referred to in the order confirmation (order).
Our products are basically manufactured by our company. We are free to choose another manufacturer/plant or supplier that appears necessary for the production of the commissioned service item.
The deadlines and grace periods promised in our offers and order confirmations or, if necessary, later, are subject to change within the scope of industry-standard adequacy. They shall only become binding if they have been expressly designated and confirmed by us in writing as a “binding delivery period”.
If we are prevented from fulfilling the contract in good time by procurement, manufacturing or traffic disruptions, strikes and/or lockouts that were not caused by us, the delivery period shall be extended accordingly.
If, at the request of our customer, a change of the service item mentioned in the order confirmation is required, the liability of the promised delivery date shall not be waived. A new written agreement is required or the delivery period is extended by the period of the delay caused by the customer.
Delivery times and dates:
The delivery date stated in our order confirmation is generally adhered to by us. However, the prerequisite for this is that our customer has fully and on time fulfilled his contractual obligations.
In any case, agreed delivery dates are postponed as long as our customer is in default with the fulfilment of the obligations that lie with him – also from other transactions with us – or until all technical and contractual details have been fully clarified in advance and the legal conditions for execution have been created.
Partial deliveries by us are permitted. In principle, each partial delivery is considered to be an independent business.
With the readiness notification on our part, the delivery date is deemed to have been met, even if the shipment cannot be made without our or the delivery plant/producer fault or not on time. Goods that have been reported ready for dispatch but not immediately retrieved shall be stored at the expense and risk of our customer at our own discretion and calculated as delivered.
If our customer does not accept the goods provided in accordance with the contract at the agreed place and/or at the agreed time and if the delay is not caused by us, we can either demand immediate fulfilment or withdraw from the contract with a grace period for acceptance (see pt. 15.).
In the event of non-timely fulfilment by us, our customer shall in any case grant us a reasonable grace period.
Our customer is also responsible for ensuring that our technicians can properly carry out the installation of the commissioned plant on site.
Handover and takeover:
Use and danger are generally transferred to our customer upon departure of the delivery “ex works”. This also applies if the delivery is carried out as part of an installation, especially if the transport is carried out, organized and/or routed by our customer himself.
In the event that we wish to be assisted and assisted when loading the means of transport, our customer already considers us to be harmless and harmless from all damages and disadvantages that may result from this.
Unless otherwise stipulated by agreements made in individual cases, danger and chance shall be exceeded as soon as we have made the agreed place of performance.
If, at the request of our customer, we send the object of performance to a place other than the place of performance, the risk and chance, unless otherwise agreed, shall pass to the customer as soon as we have made the goods available to the freight forwarder, the carrier or the person or company otherwise designated to carry out the shipment.
Claims against us for non-timely delivery for damages and lost profits are excluded (see pt. 12.).
Unless otherwise stated, we shall be bound by the prices quoted in our offer 8 days from the date of our offer. The prices stated in the order confirmation (order) plus the respective statutory value added tax are decisive.
Payment, due date, consequences of default:
For payments to us, Sulzberg (Austria/Vbg.) is deemed to have been agreed.
Incidental costs shall be borne by our customer unless otherwise stated or agreed upon.
Payments are deemed to have been made on the day on which we can dispose of the amount in the agreed currency.
Payments must be made immediately after receipt of the invoice net and excluding any right of our customer to retention and/or set-off with counterclaims not expressly acknowledged by us in writing (pt. 16.). In any case, our customer bears all bank and bank transfer fees.
In the event of late payment, a total of 12% p.a. in default interest is agreed. Furthermore, all dunning, collection, collection and information costs as well as the costs of a lawyer who has been consulted by us must be reimbursed.
Payments are credited to the oldest open claim in each case, in the absence of an explicit dedication. In the case of individual receivables, payments are counted first on costs, then on interest and finally on capital.
In the event of non-compliance with the agreed terms of payment and/or occurrence of circumstances that cast doubt on the customer’s creditworthiness, we are also entitled to make all our claims against our customer immediately due, to withdraw from all pending purchase and/or delivery contracts and to claim damages for non-performance (pt. 15.).
This shall not affect our right to claim damages, including compensation for all expenses already incurred in connection with the contracts from which we will withdraw in such a case, regardless of the fault of our customer.
In the event of a delay by our customer, we are also entitled to a self-help sale in accordance with the Austrian commercial regulations (including THE UN Sales Law).
In the event of a delay in acceptance caused by the customer of any kind, which does not allow us to comply with the agreed delivery deadlines, we are entitled to increase the originally agreed price, the work wage and the royalties, if they are still outstanding, in accordance with the Consumer Price Index 2010, according to Statistics Austria, in accordance with the increase in the index that has occurred.
The initial index number is the index number of the month in which the delay was set by the customer and our delivery was hindered.
The customer expressly acknowledges this index clause.
If the consumer price index 2010 is no longer announced by Statistik Austria, the increase in the index must be calculated according to principles similar to those of the Consumer Price Index 2010.
Supplied Geovital products remain our unrestricted property until full payment, including ancillary claims.
Our customer must expressly comply with all necessary
country-specific formal requirements in order to comply with the agreed retention of title or provide the necessary assistance.
In the event of a breach of contract by our customer, in particular in the event of a delay in payment, we are entitled to withdraw from the contract and demand the goods out (pt. 15.). Our customer is obliged to return the delivered service item. Our customer hereby waives the right of retention.
A pledging or transfer of security by our customer to third parties is excluded.
The warranty for the subject of the service is 2 years, from delivery.
Our customer must notify us of obvious defects in writing without delay, but at the latest within one week after receipt of the service item. Defects that cannot be discovered within this period, even if carefully examined, must be notified to us immediately in writing upon discovery.
The warranty claims are limited to the immediate repair of the delivery items by us.
Our liability for defects in delivery items originating from third parties is limited exclusively according to the warranty provisions of the respective supplier. This also applies to warranty services that may have been promised by suppliers.
If products are used by the third-party manufacturer for the performance level, we will only pass on those warranty commitments from us to our customers as the third-party manufacturer has promised us. This also applies to any warranty commitments by the third-party manufacturer.
All warranty obligations on our part are hereby finally regulated.
On the other hand, we do not assume any liability for errors, faults or damages that are due to improper operation, use of unsuitable organizational means to the extent that such are prescribed, abnormal operating conditions (in particular deviations from the installation and storage conditions) as well as transport damage.
For delivery items that are subsequently modified by our customers or by third parties, we do not have any warranty.
We guarantee the products we manufacture and deliver for a period of 2 years.
For mattress cores, we provide a 10-year warranty, with a 15% annual reduction in warranty from the 3rd year onwards.
Claims for damages arising from impossibility of performance, from positive breach of contract, due to fault in the conclusion of the contract and/or from tort are excluded against us as well as against our vicarious or errand assistants, unless intentional or grossly negligent action exists.
Liability for slight negligence is excluded if our customer entrepreneur is excluded.
Liability for lost profits, damages arising from claims of third parties against our customer as well as other consequential damages is not assumed. In any case, for a certain reason, justified damages obligations are given on our part towards our customers, then these are in any case limited with the amount and value of the service object.
A defect is therefore only present in the absence of an assured property or a documented function as in the case of objectively ascertainable errors.
We assume no liability for the usability and completeness of forms supplied (e.B. checklists….) and other data (e.B. documentation….). These are handed over to our customers for their own responsible use and serve as instructions for their own use.
Furthermore, we assume no liability for defects in delivery items, provided that our customer has himself interfered with the delivery items or if the delivery item is no longer in the delivered place.
All claims beyond the claims in these conditions, such as conversion, reduction, compensation for indirect damages, are excluded from us.
Despite careful examination, we cannot accept any liability for the content of external links. The operators of these pages are solely responsible for their content.
We are completely or partially exempt from the timely performance of the contract if we are prevented from doing so by events of force majeure.
Events of force majeure are considered to be unforeseeable and unavoidable and non-influencing events (not influenced by us). Strike and industrial action and/or energy emergency are expressly to be regarded as events of force majeure.
Deadlines and deadlines which cannot be met by the use of force majeure shall be extended by the duration of the effects of force majeure or, where appropriate, by a period to be determined by mutual agreement.
If an amicable solution is not reached, we may withdraw from the contract in whole or in part. In this case, our contractual partner is obliged to remunerate all services rendered by us up to this date.
Personal data and other data that are transmitted to us will be stored and used exclusively for the execution of our contractual relationship and, if necessary, also forwarded to participating cooperation partners/vicarious agents in the context of the implementation of the contract, insofar as this is necessary for the fulfilment of the contract. Our customer gives his consent. The transfer of personal data is therefore voluntary. Our customer has the right to have personal data deleted at any time after the conclusion of the agreed transaction (right of withdrawal).
The data will not be made available to non-participating third parties.
We expressly declare that we process the data provided to us and/or provided in accordance with the provisions of the DSG 2000 i.g.G.F. and to take all organisational measures necessary to ensure the protection of this and personal data.
The basis for this is the relevant data protection provisions of the Austrian authorities. VDU 2000 i.d.g.F.
In the case of contracts with German customers, the basis is the Federal Data Protection Act (BDSG) and the Teleservice Data Protection Act (TDDSG).
Withdrawal from the contract:
If our customer is in arrears with the agreed payment or other services (contractual obligations), we can choose from
- deferred the fulfilment of our own obligations until the payment of the arrenofed payments or other services of our customer,
- require an appropriate extension of the delivery period,
- the entire outstanding purchase price balance is due (loss of date) and/or
- withdrawal from the contract in the event of non-compliance with a reasonable grace period.
We are entitled to withdraw from the contract:
- if the execution of the delivery or the commencement or continuation of the service is further delayed for reasons for which the customer is responsible or despite setting a grace period;
- if there are concerns about the customer’s solvency and the customer does not make any advance payments at our request or provide a suitable security prior to delivery.
- if, due to the above circumstances, the extension of the delivery period amounts to more than half of the originally agreed delivery period.
The withdrawal may also be declared with respect to an outstanding part of the delivery and service for the above reasons.
If insolvency proceedings are opened concerning the assets of one Party or an application for the initiation of insolvency proceedings is rejected in the absence of sufficient assets, the other Party shall be entitled to withdraw from the contract without setting a grace period.
Without prejudice to our claims for damages, in the event of withdrawal from the contract, services or partial services already provided and partial services must be satisenced and due for payment.
This also applies if the delivery and service has not yet been taken over by the customer and/or for inputs already provided by us. However, we also have the right to demand the provision of goods that have already been delivered.
Prohibition of assignment and set-off:
The assignment of any claims of our customer against us to third parties is excluded and ineffective against us.
Our customer can only offset against undisputed or legally established claims.
The place of jurisdiction is Bregenz.
Only Austrian law applies to the contractual relationship.
Copyright / Liability
All data on this website are protected by copyright and may only be used (unless otherwise noted) with the consent of the rightholders. Links to this page may be made after prior consultation. GEOVITAL is not liable for any damages of any kind that may arise from the use of the information, downloads and/or data listed herein.
Copyright © 2015 GEOVITAL – Academy of Naturopathic Procedures GmbH. All rights reserved. Reproduction in part or in whole is prohibited without express permission. All trademarks and product names listed are the property of their respective owners and are to be regarded as such
For all these links: “We would like to emphasize that we have no influence on the design and content of the linked pages. Therefore, we hereby expressly distance ourselves from all contents of all linked pages on our entire website incl. all subpages. This declaration applies to all links provided on our homepage and to all contents of the pages to which links or banners lead.”
Statistics / Analysis
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Oral ancillary agreements do not exist.
Amendments and additions to these terms and conditions and/or the contract itself and/or their supplements must in any case be in writing in order to be valid.
This also applies to a derogation from this provision itself.
These General Terms and Conditions remain binding even in the event of ineffectiveness of individual points.
The point, which is invalid in law, must be replaced by another one which is legally effective and which is as close as possible to the intended economic sense of the ineffective contractual point.
Our customer declares that in view of the favourable pricing for him, there is no disadvantage against him, even if the legal situation is shifted by these GTC.
Status: April 2015 Geovital Academy for Naturopathic Procedures GmbH