Validity and legally binding nature:
The following terms and conditions shall apply to all contracts accepted and to be executed by us (subject matter of performance) and shall be deemed to be accepted by our customers and legally binding at the latest when an order is placed with us or when the delivery of the subject matter of the contract is confirmed, even if we do not expressly object to any conflicting terms and conditions of our customers.
The terms and conditions are posted in our business premises, as well as published on the Internet at geovital.com.
The terms and conditions shall also apply to all future business relations, even if they are not expressly referred to in full. Counter-confirmations from our customer with reference to their own terms and conditions are hereby expressly contradicted already now.
In principle, our employees are not permitted to make promises that deviate from our terms and conditions. In such a case, we expressly reserve the right to withdraw from the contract.
Subsequent amendments to these terms and conditions shall only be valid if they have been made 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, construction materials), consulting and other services.
The elaboration of individual concepts commissioned by our customer is carried out according to the type and scope of the information and documents provided to us.
The basis for the creation of individual concepts is the written service description, which we prepare for a fee on the basis of the documents and information provided. The service description is to be checked by the customer for correctness and completeness and to be marked with his approval.
Right of revocation:
You can revoke your contractual declaration within 14 days without giving reasons by means of a clear declaration. The period begins after receipt of this instruction on a durable medium. To comply with the revocation period, it is sufficient to send the revocation in due time if the declaration is made on a durable data medium (e.g. letter, fax, e-mail). The revocation is to be sent to:
Geovital Akademie für Naturheilverfahren GmbH, A-6934 Sulzberg
In the event of an effective revocation, the services received by both parties shall be returned. You are obligated to pay compensation for the value of the service provided up to the time of revocation if you were made aware of this legal consequence prior to submitting your contractual declaration and expressly agreed that we perform the service before the end of the revocation period. If there is an obligation to pay compensation for lost value, this may mean that you still have to fulfill the contractual payment obligations for the period until the revocation. Your right of revocation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for us with its receipt.
You must return the goods immediately and in any case no later than 14 days after you have notified us of the cancellation of this contract to
Geovital Akademie für Naturheilverfahren GmbH, A-6934 Sulzberg
The deadline is met if you send the goods before the deadline of 14 days.
Upon revocation of this contract, you shall also no longer be bound by any contract related to this contract. If the related contract concerns 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 parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If our customer is not able to return the received service, as well as benefits (e.g. advantages of use), or is only able to return them in part or in a deteriorated condition or not at all, our customer must compensate us to this extent.
Our customer must pay compensation for the deterioration of the item insofar as the deterioration is due to handling of the item that goes beyond the testing of the properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, such as is possible and customary. Goods that can be shipped by parcel are to be returned at our expense and risk.
Items that cannot be shipped by parcel will be picked up from our customer.
Obligations to refund payments must be fulfilled within 30 days. The period begins with the dispatch of the notice of withdrawal for us with its receipt.
Our customer's right of revocation shall expire prematurely if the contract is expressly deemed to have been completely fulfilled by both parties at the customer's request before our customer has exercised their right of revocation.
No right of revocation exists for:
Services, the execution of which is commenced within 7 working days from the conclusion of the contract as agreed upon
Goods or services, the price of which depends on the development of rates on financial markets over which the entrepreneur has no control
Goods that are manufactured according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature.
Offer and conclusion of the contract:
Unless otherwise stated in our offers, they are subject to change and non-binding. Declarations of acceptance and all orders require written confirmation (also e-mail as PDF file) on our part to be legally effective. The same applies to supplements, amendments or ancillary agreements for commissioned deliveries and services.
The individual service offer submitted by us is always based on the information provided by our customer.
The information about our products contained in catalogs, brochures, circulars, advertisements, illustrations, price lists and the like shall only be authoritative if express reference is made thereto in the order confirmation (order).
Our products are generally manufactured by our company. The choice of another manufacturer/plant or supplier, which appears necessary for the production of the ordered service subject, is at our discretion at any time.
The deadlines and grace periods promised in our offers and order confirmations or, if applicable, at a later date, are subject to change within the scope of what is customary in the industry. 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 timely fulfillment of the contract due to procurement, manufacturing or traffic disruptions, strikes and/or lockouts not caused by us, the delivery period shall be extended accordingly and appropriately.
If, at the request of our customer, it becomes necessary to change the service subject stated in the order confirmation, the binding nature of the promised delivery date shall cease to apply. A new written agreement shall be required or the delivery period shall be extended by the period of the delay caused by the customer.
Delivery times and dates:
The delivery date stated in our order confirmation shall be observed by us as a matter of principle. A prerequisite for this is, however, that our customer has fulfilled his contractual obligations in full and on time.
Agreed delivery dates shall be postponed in any case as long as our customer should be in default with the fulfillment of the obligations incumbent upon him - also from other transactions with us - or until all technical and contractual details have been completely clarified in advance and the legal prerequisites for execution have been created.
Partial deliveries by us are permissible. Each partial delivery shall be deemed to be an independent transaction.
Upon notification of readiness for dispatch on our part, the delivery date shall be deemed to have been met, even if dispatch cannot be effected or cannot be effected on time through no fault of ours or the supplier/producer. Goods notified as ready for dispatch but not called off immediately shall be stored at our customer's expense and risk at our discretion and invoiced 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 may either demand immediate performance or withdraw from the contract, setting a grace period for acceptance (see clause 15.).
In the event of late performance by us, our customer shall in any case grant us a reasonable grace period.
Our customer is further responsible for ensuring that our technicians can properly perform the installation of the contracted work on site.
Delivery and takeover:
Use and risk shall in principle pass to our customer upon departure of the delivery from our premises. This shall also apply if the delivery is made as part of an installation, in particular if the transport is carried out, organized and/or managed by our customer itself.
In the event that our assistance and support is required for loading the means of transport, our customer shall indemnify and hold us harmless from and against any and all damages and disadvantages that may result therefrom.
Unless otherwise stipulated in individual agreements, risk and coincidence shall pass as soon as we have performed at the agreed place of performance.
If, at the request of our customer, we ship the object of performance to a place other than the place of performance, risk and coincidence shall, unless otherwise agreed, pass to the customer as soon as we have placed the goods at the disposal of the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment.
Claims against us for damages and loss of profit due to late delivery are excluded (see clause 12.).
Unless otherwise stated, we shall be bound by the prices quoted in our offer for 8 days from the date thereof. The prices stated in the order confirmation (order) plus the respective legal VAT are decisive.
The prices are understood to be ex business location Sulzberg.
Payment, due date, consequences of default:
For payments to us, Sulzberg (Austria/Vbg.) is agreed as the place of performance.
Unless otherwise stated or agreed, additional costs shall be borne by our customer.
Payments shall be deemed to have been made on the date on which we can dispose of the amount in the agreed currency.
Unless otherwise agreed, payments shall be made net without delay upon receipt of the invoice and to the exclusion of any right of our customer to retention and/or set-off against counterclaims not expressly recognized by us in writing (clause 16.). Bank and transfer charges shall in any case be borne in full by our customer.
In the event of late payment, a total of 12% p.a. interest is agreed. Furthermore, all dunning, collection, survey and information costs as well as the costs of any lawyer called in by us shall be reimbursed.
In the absence of any express dedication, payments shall in each case be set off against the oldest outstanding claim. In the case of individual receivables, payments themselves are credited first to costs, then to interest and finally to capital.
In the event of non-compliance with the agreed terms of payment and/or the occurrence of circumstances that give rise to doubts about the creditworthiness of the customer, we shall also be entitled to declare all our claims against our customer immediately due and payable, to withdraw from all pending purchase and/or delivery contracts and to claim damages for non-performance (clause 15.).
This shall not affect our right, irrespective of any fault on the part of our customer, to claim damages including compensation for all expenses already incurred in connection with the contracts from which we withdraw in such a case.
In the event of default on the part of our customer, we shall also be entitled to a self-help sale in accordance with the provisions of Austrian commercial law (including the UN Convention on Contracts for the International Sale of Goods).
In the event of a delay in acceptance of any kind caused by the customer, which does not enable us to meet the agreed delivery deadlines, we are entitled to increase the originally agreed price, the remuneration for work and the license fees, insofar as they are still outstanding, in accordance with the Consumer Price Index 2010, announced by Statistics Austria, in line with the index increase that has occurred.
The initial index number is in each case the index number of that month in which the delay was set by the customer and our delivery was hindered.
The customer expressly acknowledges this index clause.
If the 2010 consumer price index is no longer published by Statistics Austria, the index increase shall be calculated according to similar principles as the 2010 consumer price index.
Reservation of ownership:
Geovital products delivered shall remain our unrestricted property until payment in full, including ancillary claims.
Our customer shall expressly comply with all necessary country-specific formal requirements for the preservation of the agreed
retention of title itself or to provide the assistance required for this purpose.
In the event of a breach of contract by our customer, in particular in the event of default in payment, we shall be entitled to withdraw from the contract and to demand the return of the item (clause 15.). Our customer shall be obliged to surrender the delivered object of performance. Our customer hereby waives any right of retention.
Pledging or transfer by way of security by our customer to third parties is excluded.
Duration of warranty for the object of performance is 2 years, from delivery.
Our customer shall notify us in writing of any obvious defects without delay, but no later than one week after receipt of the object of performance. Defects which cannot be discovered within this period even after careful inspection shall be notified to us in writing without delay after discovery.
The warranty claims are limited to the immediate rectification of the delivery items by us.
Our liability for defects in delivery items originating from third parties is limited exclusively in accordance with the warranty provisions of the respective supplier. This also applies to any warranty services promised by suppliers.
If products of the third party manufacturer are used for the performance, we will only pass on those warranty promises from us to our customer as the third party manufacturer has promised them to us. This also applies to any warranty commitments made by the third-party manufacturer.
All warranty obligations on our part are hereby conclusively regulated.
On the other hand, we do not accept any liability for faults, malfunctions or damage resulting from improper operation, use of unsuitable organizational means where such are prescribed, abnormal operating conditions (in particular deviations from the installation and storage conditions) and transport damage.
For delivery items that are subsequently modified by our customers or by third parties, any warranty on our part shall lapse.
We provide a warranty on the products manufactured and supplied by us for a period of 2 years.
For mattress cores, we provide a warranty for the period of 10 years, with the warranty coverage decreasing by 15% annually from the 3rd year.
Limitations of Liability:
Claims for damages arising from impossibility of performance, from positive breach of contract, from culpa in contrahendo and/or from prohibited actions are excluded both against us and against our vicarious agents or persons employed by us in the performance of our obligations, except in the case of intentional or grossly negligent conduct.
Liability for slight negligence is excluded if our customer is an entrepreneur.
A liability for lost profit, for damages from claims of third parties against our customer as well as other consequential damages is not assumed. In any case, if for a certain reason justified damage compensation obligations on our part are given to our customers, then these are in any case limited with the amount and with the value of the object of performance.
A defect is thus only given in the absence of a warranted characteristic or a documented function as well as in the case of objectively detectable defects.
We assume no liability for the usability and completeness of forms supplied (e.g. checklists....) and other data (e.g. documentation....). These are handed over to our customers for their own responsible use and serve as instructions for their own responsible use.
Furthermore, we do not assume any liability for defects on delivery items if our customer has carried out interventions on the delivery items himself or if the delivery item is no longer at the place of delivery.
All claims against us that go beyond those in these terms and conditions, such as rescission, reduction, compensation for indirect damage, are excluded.
Exclusion of liability
Despite careful examination, we cannot assume any liability for the content of external links. The operators of these sites are solely responsible for their content.
We shall be released from the timely performance of the contract in whole or in part if we are prevented from doing so by events of force majeure.
Events of force majeure shall be deemed to be unforeseeable and unavoidable events and events that do not come from our sphere (beyond our control). Strike and labor dispute and/or energy emergency are expressly considered as force majeure events.
Dates and deadlines that cannot be met due to the effects of force majeure shall be extended by the duration of the effects of the force majeure or, if applicable, by a period to be determined by mutual agreement.
Should an amicable solution not be reached, we may withdraw from the contract in whole or in part. In this case, our contractual partner shall be obligated to pay for all services rendered by us up to this point in time.
Personal data and other data transmitted to us will be stored and used exclusively for the purpose of processing our contractual relationship and, if necessary, will also be forwarded to participating cooperation partners/fulfillment agents within the scope of contract execution, insofar as this is necessary for the fulfillment of the contract. Our customer gives his consent to this. The transfer of personal data is therefore voluntary. Our customer has the right to have personal data deleted at any time after completion of the agreed transaction (right of revocation).
The data will not be made available to uninvolved third parties.
We expressly declare that we will process the data provided to us and/or made available to us in accordance with the provisions of the DSG 2000 as amended and that we will take all organizational measures necessary to ensure the protection of this and the personal data.
This is based on the relevant data protection provisions of the Austrian Data Protection Act 2000 as amended.
For contracts with German customers, the basis is the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).
Withdrawal from the contract:
If our customer is in default with the agreed payment or other performance (contractual obligations), we may at our option
- postpone the fulfillment of our own obligations until our customer has made the overdue payments or other services,
- claim a reasonable extension of the delivery period,
- make the entire outstanding purchase price balance due (forward loss) and/or
- withdraw from the contract in the event of failure to comply with a reasonable grace period.
We are entitled to withdraw from the contract:
- if the execution of the delivery or the start or continuation of the service is further delayed for reasons for which the customer is responsible or despite the setting of a grace period;
- if there are concerns regarding the customer's ability to pay and the customer does not make advance payments or provide suitable security prior to delivery upon our request.
- if the extension of the delivery period due to the above circumstances amounts to more than half of the originally agreed delivery period in total.
Withdrawal may also be declared with regard to an outstanding part of the delivery and service for the above reasons.
If insolvency proceedings are instituted against the assets of one of the contracting parties or if an application for the institution of insolvency proceedings is rejected for lack of sufficient assets, the other contracting party shall be entitled to withdraw from the contract without setting a grace period.
Notwithstanding our claims for damages, in the event of withdrawal from the contract, services or partial services already rendered shall be settled and due for payment.
This shall also apply insofar as the delivery and service has not yet been taken over by the customer and/or for advance services already rendered by us. However, we shall also be entitled to demand the return of items already delivered.
Transfer and offsetting prohibition
The assignment of any claims of our customer against us to third parties is excluded and ineffective against us.
Our customer may only set off claims that are undisputed or have become res judicata.
The place of jurisdiction is Bregenz.
The contractual relationship shall be governed exclusively by Austrian law.
Copyright / Liability
All data on this website are protected by copyright and may (unless otherwise noted) only be used with the permission of the rights holder. Links to this site may be made after prior agreement. GEOVITAL is not liable for any damages whatsoever that may result from the use of the information, downloads and/or data listed here.
Copyright © 2015 GEOVITAL - Akademie für Naturheilverfahren GmbH. All rights reserved. Reproduction in whole or in part is prohibited without expressed permission. All trademarks and product names listed are the property of their respective owners and are to be regarded as such
The following applies to all these links: "We would like to expressly emphasize that we have no influence whatsoever on the design and content of the linked pages. Therefore we dissociate ourselves hereby expressly from all contents of all linked sides on our this entire Website inclusive all lower surfaces. This declaration applies to all links on our homepage and to all contents of the pages to which links or banners lead."
Statistics / Analysis
There are no verbal ancillary agreements.
Amendments and supplements to these terms and conditions and/or the contract itself and/or its/their enclosures must be made in writing in order to be valid.
This also concerns a deviation from this regulation itself.
These General Terms and Conditions shall remain binding even if individual points are otherwise invalid.
The legally ineffective point shall be replaced by another one which is legally effective and comes as close as possible to the intended economic sense of the ineffective contractual point.
Our customer declares that in view of the favorable pricing for him, even in the event of a possible shift in the legal situation, these terms and conditions do not put him at a disadvantage.
Status: April 2015 Geovital Akademie für Naturheilverfahren GmbH