GTC

AGB - General Terms and Conditions

(Version of 27.02.2023)

1. scope of application

The following terms and conditions apply to all orders placed via our online shop.

2. contracting party, conclusion of contract

The purchase contract is concluded with 100% Nutrition PD GmbH, Radetzkystraße 5/1, 1030 Vienna. Exclusive trading partner of the 100 % Nutrition PD GmbH is

MSG Online GmbH
Wirtschaftspark 9
8530 Deutschlandsberg
Austria.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket and accept the general terms and conditions. Our subsequent automatic order receipt confirmations document that we have received your order, but do not constitute acceptance of your offer. A contract is only concluded through our express declaration of acceptance.

You are obliged to fill in the fields (or details) provided in the order form completely and truthfully.

Once the order has been completed by clicking on the order button "order subject to payment", it is no longer possible to change the order. You may exercise your right of withdrawal (see point 4).

The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

The contracting parties agree on the application of Austrian law. If the consumer has his domicile or habitual residence in Austria or if he is employed in Austria, any action against him may only be brought before the court in whose jurisdiction the domicile, habitual residence or place of employment is located; this shall not apply to legal disputes which have already arisen. 3.

3. place of performance

The place of performance is the registered office of 100% Nutrition PD GmbH: Radetzkystraße 5/1, 1030 Vienna, Austria.

4. right of revocation

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

In order to exercise your right of withdrawal, you must return the goods received, unopened, within 14 days of receipt to

the exclusive trading partner of the 100 % Nutrition PD GmbH

MSG Online GmbH
Wirtschaftspark 9
8530 Deutschlandsberg
Austria.

The use and enclosure of our cancellation form is not mandatory, but will speed up the processing of your cancellation.

If you revoke this contract, we must refund all payments we have received from you, including shipping costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received your return. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

In the case of sales contracts in which we have not expressly offered to collect the goods from you ourselves in the event of cancellation, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must bear the direct costs of returning the goods.

For hygienic reasons, opened products cannot be returned.

Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:

- Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

- Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

- Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;

- Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

- Goods that can spoil quickly or whose expiry date has passed quickly;

- Goods that are manufactured according to customer specifications or clearly tailored to personal needs;

- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.

5. contract language, contract text storage

The language available for the conclusion of the contract is German.

We store the text of the contract and send you the order data by e-mail. You can also view and download the General Terms and Conditions at any time here on this page. You can view your past orders in our customer login.

6. delivery

Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs on the shipping costs page or in the order process. If you choose delivery to a delivery address specified by you, you are responsible for the shipping costs, which are displayed in the web shop with the goods and when paying for the goods.

When the goods are shipped, the risk of loss or damage to the goods does not pass to the consumer until the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a choice suggested by us, the risk shall pass as soon as the goods are handed over to the carrier.

FALLING BELOW THE "FREE SHIPPING" THRESHOLD

In the case of returns, we reserve the right to charge the standard shipping costs if the value of the order minus the returned goods falls below the "free shipping" threshold.

Please report missing or damaged parcels immediately to your local post office or delivery service, otherwise you will not be entitled to a replacement.

Please note that in case of refusal or non-acceptance, the resulting costs will be charged to you.

For deliveries outside the EU, you can enquire about customs costs at the customs office.

7 Payment

All prices on this website are in Euro. Packaging and shipping costs, if any, will be charged and shown separately.

The payment methods displayed at the end of the ordering process are available to you, e.g. payment by credit card, PayPal, Sofortüberweisung, purchase on account and partial payment. We reserve the right to restrict the selection of payment methods in individual cases.

The data entered will not be stored by us, but may be stored by the respective payment provider.

A combination of 100% Nutrition and other payment methods (such as credit cards, PayPal, Sofortüberweisung) as well as payment with several vouchers is possible.

In the event of late payment, we are entitled to charge interest at the rate of 12% p.a., subject to the assertion of a higher (to be specifically proven) damage caused by the delay. In addition, the customer undertakes to reimburse reminder, collection and investigation costs of third parties (in particular of lawyers), insofar as these costs were useful for the appropriate legal prosecution. We would like to point out that in the event of the intervention of a lawyer, the costs shall be based on the respective amount standardised by the Lawyers' Fees Act (RATG) plus the statutory value added tax, those of collection agencies up to the respective amount standardised by the Federal Ministry of Economics by way of decree for collection agencies.

Any reimbursement of payments made by you will be made to the means of payment which you used for your order.

In our shop, the following payment methods are generally available to you:

Credit card

When you place your order, you also send us your credit card details.

After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process.

The payment transaction will be carried out automatically by PayPal immediately afterwards.

Purchase on account

In cooperation with a service provider, we offer you the possibility of purchase on account. The prerequisite is a successful address and credit check. In addition to our General Terms and Conditions, the General Terms and Conditions and the Privacy Policy of Unzer apply to the processing of payments. You can find more information and the complete Unzer terms and conditions for purchase on account here:

Purchase on account is available for orders on products in stock. It is one of the easiest and most secure online payment services and also places special emphasis on data protection. The order details you enter with the payment provider are checked immediately and after successful confirmation from the payment provider, the order is processed immediately. You do not have to register or provide your bank details.

Purchase on account is a free service and there are no transaction costs.

Payment process

During the ordering process, select purchase on account as the payment method. After you have confirmed the order, you will receive a reminder with all the data you need to successfully settle the invoice. In the mail you will find the data like your individual account number, the amount and your identification code.

Please indicate the individual identification data and your name under which the order was placed on the transfer voucher or in your e-banking order in order to ensure quick processing. As soon as the amount is credited to our account, we can successfully complete your order.

8. reservation of proprietary rights

The goods remain our property until full payment has been received.

9 Warranty and guarantees

If you wish to make a warranty claim, you can send the goods in question to the following address:

100% Nutrition PD GmbH

Radetzkystraße 5/1

1030 Vienna

Austria

and please clarify all needs with our exclusive trading partner of 100 % Nutrition PD GmbH

MSG Online GmbH
Wirtschaftspark 9
8530 Deutschlandsberg
Austria

Write to us via our contact form.

(2) Please note that the acceptance does not constitute an acknowledgement of warranty claims, but requires a separate review. You will be informed of the result within a reasonable period of time by the respective service centre.

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The limitation period for claims for defects in used goods is one year from delivery of the goods.

The above restrictions and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health,

in case of intentional or grossly negligent breach of duty as well as fraudulent intent,

in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)

within the scope of a guarantee promise, insofar as agreed, or

insofar as the scope of application of the Product Liability Act is opened.

The warranty is provided in accordance with the statutory provisions (24 months from receipt of goods). If an exchange or an improvement is not possible (not possible, too high expenditure, unreasonable, delay), the buyer is entitled to a price reduction or, if the defect is not insignificant, cancellation of the contract (redhibition). Compensation for consequential (defect) damage, as well as other property damage, financial loss and damage to third parties against the customer, insofar as it is not a consumer transaction, is excluded.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 9:00 am to 5:00 pm via our contact form.

10 Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

in the event of injury to life, limb or health,

in case of intentional or grossly negligent breach of duty,

in the case of warranty promises, insofar as agreed, or

insofar as the scope of application of the Product Liability Act is opened.

Disclaimer statement:

The products are not intended to diagnose, treat or cure any disease.

In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or on the part of our employees, we shall not be liable for any damages arising from such breach.

representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

11 Code of Conduct

We have voluntarily submitted to the following codes of conduct: Trusted Shops Quality Criteria

12. arbitration board

We undertake to participate in the arbitration procedure of the Internet Ombudsman in the event of disputes:

www.ombudsmann.at

Further information on the types of procedure can be found at www.ombudsmann.at.

For the settlement of disputes with our company, the OS platform can also be used: https://ec.europa.eu/consumers/odr.