General Terms and Conditions
GENERAL TERMS AND CONDITIONS (GTC)

§ 1 Scope; Contract Language

(1) These terms and conditions (GTC) apply to the contracts concluded between you and us, Secret Nutri GmbH, Krugerstraße 2/7, 1010 Vienna, represented by the Managing Director Doris Tanasic, via this online shop.
(2) The language available for concluding the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any discrepancies between the language versions, the German text shall prevail.

§ 2 Applicable Law; Mandatory Consumer Protection Provisions

(1) The law of the Republic of Austria shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, if
(a) you have your habitual residence in Austria, or
(b) your habitual residence is in a state that is not a member of the European Union.
(2) In the event that you have your habitual residence in a member state of the European Union, Austrian law shall also apply, without prejudice to mandatory provisions of the state in which you have your habitual residence.

§ 3 Terms and Conditions of the Contract

(1) The presentation of goods and services in our online shop does not constitute a legally binding offer, but rather an invitation to order (invitatio ad offerendum).
(2) By clicking the "Buy" button in the last step of the ordering process, you submit a binding offer to purchase or book the goods and/or services displayed in the order overview. Immediately after submitting your order, you will receive an order confirmation, which, however, does not constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and/or booking by a separate email or ship the goods. Please check your email inbox regularly.

§ 4 Technical Steps Until Contract Conclusion and Reporting of Input Errors

During the ordering process, you first place the desired goods in your shopping cart. There you can change the desired quantity or remove selected items entirely at any time. If you have stored goods there, clicking the "Next" button will first take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page will open where you can review your information. You can correct any input errors (e.g., regarding payment method, data, or the desired quantity) by clicking "Change" in the relevant field. If you wish to cancel the order process entirely, you can simply close your browser window. Otherwise, after clicking the "Buy" confirmation button, your declaration becomes binding within the meaning of Section 3, Paragraph 2 of these Terms and Conditions.
Section 5 Storage of the Contract Text
The contractual provisions with information on the ordered goods and/or booked services,
including these General Terms and Conditions and the cancellation policy, will be sent by email upon acceptance of the contract offer or upon notification thereof. We do not store the contractual provisions.

§ 6 Registration in our online shop; Processing of your personal data

(1) You can order goods in our online shop as a guest or as a registered user. As a registered user, you do not have to provide your personal data each time, but can simply log in to your customer account before or during an order using your email address and the password you freely chose during registration. Registration alone does not create any obligation to purchase the goods we offer.
(2) Information on the processing of your data can be found in our privacy policy, which you can access in our online shop.

§ 7 Payment Terms

(1) The purchase price is due immediately upon ordering.
(2) Payment for the goods can be made, at your discretion, by credit card or by bank transfer through our payment service provider PayPal, Afterpay, Clearpay, Stripe, or Klarna.

§ 8 Retention of Title

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

§ 9 Delivery Terms; Customs Duties

(1) We deliver the goods in accordance with the agreements made with you during the ordering process. Any applicable shipping costs are listed in the product description and are explicitly stated on the invoice.
(2) We trust that your order will be handed over to the shipping service provider within 1-3
business days and delivered to you within the agreed delivery time. However, during peak season and ongoing sales, longer processing and delivery times may occur.
(3) When shipping to a non-EU country, additional taxes or costs (e.g., customs duties) may be incurred in connection with your order. These taxes or costs are not paid or invoiced by us, but must be paid by you directly to the relevant customs or tax authorities.

§ 10 Right of Withdrawal

As a consumer, you have a right of withdrawal in accordance with the cancellation policy set out below. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
We have reproduced the legally recommended cancellation policy verbatim below.
CANCELLATION POLICY
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
In the case of a contract for the regular delivery of goods over a specified period of time, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the first good.
To exercise your right of cancellation, you must notify us (Secret Nutri GmbH, Krugerstraße 2/7, 1010 Vienna, Austria, email: support@secretnutri.com) of your decision to cancel this contract by means of an unambiguous declaration (e.g., a letter sent by post or email). You may use the attached model cancellation form (see below), but this is not mandatory. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g., by email).
To comply with the cancellation period, it is sufficient that you do not send us the notification of your exercise of the right of cancellation before the expiry of the cancellation period.
CONSEQUENCES OF CANCELLATION
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract. This deadline is met if you are absent from the goods before the expiry of the 14-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.
ADDITIONAL INFORMATION
In the event that you return the goods to us, we ask you to use the original packaging, if still available.
Sample Cancellation Form
(If you wish to cancel the contract, please fill out this form and return it.)
To:
Secret Nutri GmbH, Krugerstraße 2/7, 1010 Vienna, Austria, Email: support@secretnutri.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods
(*) / services (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notification is made on paper)
Date
(*) delete as appropriate
§ 11 Warranty for Purchases of Goods
(1) If the goods purchased and delivered in our online shop are defective, you are entitled, within the scope of the statutory provisions, to demand subsequent performance, withdraw from the contract, or reduce the purchase price (so-called warranty rights). You are entitled to these warranty rights if the defects in the goods already existed at the time of delivery to you. For defects that become apparent within one year of receipt of the goods, we assume that these defects already existed at the time of delivery to you. For defects that become apparent after one year of receipt of the goods and before the expiration of the limitation period (see paragraph 2), you are entitled to warranty rights if you can prove to us that these defects already existed at the time of delivery to you.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects that we have fraudulently concealed expire within the regular limitation period.
(3) You are also entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have expressly provided such a guarantee with regard to the goods sold in the individual case.

§ 12 Limitation of Liability

(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations whose fulfillment makes the proper performance of the contract possible in the first place, whose breach jeopardizes the achievement of the contract's purpose, and on whose compliance you as a customer may regularly rely. In the latter case, however, we are only liable for foreseeable, contract-typical damages. The same applies to breaches of duty by our vicarious agents.
(2) The above exclusions of liability do not apply in the event of injury to life, limb, or health. Liability under the Product Liability Act remains unaffected.

§ 13 Online Dispute Resolution and Alternative Dispute Resolution; Severability Clause

(1) The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/.
(2) We are neither obligated nor willing to participate in dispute resolution proceedings under the Consumer Dispute Resolution Act (VSBG).
(3) Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions of the contract.

Status of the General Terms and Conditions: December 30, 2022