Terms of Service | November 1st, 2017

1. Scope
2. Offers and service descriptions
3. Ordering process and contract conclusion
4. Prices and shipping costs
5. Delivery, product availability
6. Payment arrangements
7. Retention of title
8. Warranty and guarantee
9. Liability
10. Cancellation Policy (right of withdrawal)
11. Returns
12. Storage of the contract text
13. Privacy
14. Jurisdiction, applicable law, contract language

 

1. Scope

1.1. For the business relationship between Elite Nutrition sro, Karpatské námestie 10A, Bratislava – mestská časť Rača 831 06, Slovakia / Europe / EU (Management: Daniel Brngál, Elite Nutrition sro Identification Number (IČO): 51 245 485 – hereinafter “Seller”) and the Customers (hereinafter referred to as “Customer”) are exclusively subject to the following terms and conditions in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints on weekdays during our business hours by e-mail at shop@fatburners.at.
1.3. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither their commercial nor their independent professional activity (§ 13 BGB). Entrepreneur in the sense of these terms and conditions is any natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their independent professional or commercial activity. Entrepreneurs are not supplied. If a delivery is made to the billing address and / or delivery address stating a company name, but no recipient UID / (IČO) is stated on the invoice, these are automatically private orders.
1.4. The product range in our online shop is exclusively aimed at buyers who have reached the age of 18 years.
1.5. Differing conditions of the customer are not recognized, unless the seller agrees to their validity in writing.

 

2. Offers and service descriptions

2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid “as long as stocks last”, unless otherwise noted in the products. Incidentally, errors remain reserved.

 

3. Ordering process and contract conclusion

3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button [to the shopping cart] in a so-called shopping cart.
3.2 The customer can then proceed within the shopping cart via the equal button to complete the order process.
3.3. With the equal button the customer makes a binding offer to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function. The automatic acknowledgment of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 working days, or hand over the shipment confirmed the customer within 2 working days with a second e-mail, express order confirmation or sending the invoice.
3.5. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. The delivery period begins with receipt of the amount on our specified bank account. If, despite the due date, the payment has not been received by the seller even after renewed request until 10 calendar days after sending the order confirmation, the seller will withdraw from the contract with the result that the order is invalid and the seller has no obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article in advance payments is therefore for a maximum of 10 calendar days.

 

4. Prices and shipping costs

4.1. All prices stated on the website of the seller are inclusive of the applicable statutory sales tax.
4.2. In addition to the prices quoted, the seller will charge shipping for the delivery. The shipping costs are clearly communicated to the buyer on the shipping side and within the ordering process.
4.3. When delivering to a non-EEA country, the consumer must bear all import and export charges, including any duties, fees and charges.

 

5. Delivery, product availability

5.1. If no copies of the product selected by him are available at the time of the customer’s order, the seller shall inform the customer of this in the order confirmation. If the product is permanently non-deliverable, the seller looks away from a declaration of acceptance. A contract is not concluded in this case.
5.2. If the product designated by the customer in the order is only temporarily unavailable, the seller will inform the customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the seller is entitled to withdraw from the contract. In this case, the seller will immediately refund any payments already made by the customer. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.

 

6. Payment arrangements

6.1. The customer can choose from the available payment methods within and before the order process. The payment is optional:
– Transfer in advance
– SOFORT Payment
– Credit card
6.2. When selecting the transfer in advance, the payment is due immediately after conclusion of the contract. A discount deduction is not possible.
6.3. For payment by credit card, the payment time corresponds to the time of the order. If third-party providers are charged with payment processing, e.g. Stripe (https://stripe.com/at) are subject to their terms and conditions.
6.4 In the case of a payment by Sofortüberweisung, the customer can still trigger the payment of the ordered goods via his online banking account during his order. After selecting the payment method “Sofortüberweisung” in the order process it will be directed to the secure payment form of SOFORT GmbH (www.sofort.com). The SOFORT GmbH automatically takes over the payment process, which is comparable to a debit card payment with PIN, without any possibility for the seller to inspect. As in the case of a debit card payment, SOFORT GmbH checks the credit limit of the customer’s account in the case of an instant bank transfer and makes a transfer to the seller in the event of a corresponding account coverage. In addition, the system of SOFORT GmbH checks in about 30 percent of cases, whether previous payments were booked with Sofortüberweisung in order to exclude systematic fraud.
In order to carry out an immediate transfer, SOFORT GmbH needs the PIN and a TAN of the customer’s online banking account in addition to the name, bank code and account number. The name, bank code, account number, purpose of use, amount and date of the transfer are not stored in the credit limit or account balance of the account or past sales.
In the case of a successful transaction, the seller of SOFORT GmbH only receives the automated confirmation in real time that the transfer has been made.
6.5. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.

 

7. Retention of title

Until full payment, the delivered goods remain the property of the seller.

 

8. Warranty and guarantee

The warranty is determined by legal regulations.

 

9. Liability

9.1. The seller is liable only for damages that are due to intentional or grossly negligent behavior. This also applies to indirect consequential damages, such as lost profits in particular.
9.2. Liability shall be limited to the damages foreseeable at the time of conclusion of the contract and otherwise limited in amount to the average damages typical for the contract. This also applies to indirect consequential damages, such as lost profits in particular.

 

10. Cancellation Policy (right of withdrawal)

– Beginning of the withdrawal instructions for consumers –

Resignation by express written declaration
Each customer can within 14 days after receipt of the goods by sending a written declaration of resignation without giving reasons to withdraw from the contract. It is sufficient if the resignation is sent within this period (it decides the date of the postal order). In this case, the customer is demonstrably obliged to return the goods without delay. The return shipping costs (postage) are to be borne by the customer. If the goods were used and / or damaged, the customer has to pay a reasonable fee for the use, including a reasonable compensation for the damages incurred – at the maximum amount of the value of the goods – to the seller. The declaration of withdrawal must be sent to the following address:

Elite Nutrition s.r.o
Managing Director: Daniel Brngál
Karpatské námestie 10A
Bratislava – mestská časť Rača 831 06
Slovakia / Europe / EU

Email: shop@fatburners.at

Resignation through simple return of the goods

The customer can also exercise his right of withdrawal by merely verifiably returning the goods to the seller within 14 days of receipt without written notice of resignation. For a preservation of the period is sufficient in this case, the verifiable timely dispatch of the goods. The prerequisite for this form of exercise of the right of withdrawal by simply returning the goods is that the goods are not damaged or used and the return is sufficiently postage paid. The seller bears the return shipping costs (postage) only in the case of a wrong or faulty delivery.

The risk of the return as well as its proof lies with the customer. In the case of a resignation of the customer (by explicit declaration or simple return of the goods), the seller pays back immediately the already paid purchase price – shipping costs are not refunded. When placing an order on an open invoice, a credit note will be issued to the customer account.

– End of the withdrawal instructions for consumers –

 

11. Returns

11.1. Customers are requested to return the item to the seller prior to return [e-mail: shop@fatburners.at] to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
11.2. Customers are requested to return the goods as prepaid packages to the seller and to keep the receipt. Upon request, the seller will reimburse the customer for the postage costs, unless they are to be borne by the buyer.
11.3. Damaged or contaminated goods are excluded from the return. The goods must be returned in original packaging with all accessories to the seller.
11.4. The modalities mentioned in this section of the terms and conditions are not a prerequisite for the effective exercise of the resignation acc. No. 10 of these Terms.

12. Storage of the contract text

12.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
12.2. The seller also sends the customer an e-mail with all order data to the e-mail address provided by him.

 

13. Privacy

13.1. The seller processes personal data of the customer earmarked and in accordance with the statutory provisions.
13.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) are used by the seller for the performance and execution of the contract. This information will be kept confidential and will not be shared with third parties who are not involved in the ordering, delivery and payment process.
13.3. The customer has the right, upon request, to receive free information about the personal data stored by the seller about him. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, as far as there is no legal duty of retention.

 

14. Jurisdiction, applicable law, contract language

14.1. Jurisdiction and place of performance is the seat of the seller.
14.2. Slovak law applies.
14.3. Contract language is German.

 

Additive:

fatburners.at serves exclusively for the information of the offered products. All products we offer are supplements, not drugs. The intake and use of all products is at your own risk. None of the listed products are for the treatment, diagnosis, cure, prevention or existing diseases. No medical adivce is given. The use of a product should not be taken without the prior consultation of a physician. This is especially true if you are currently undergoing medical treatment and regularly taking medications. Read all product supplements and consumption recommendations carefully, do not exceed the stated dose, and consult your doctor or nutritionist if you have questions about the use and effects of any food or dietary supplement. If side effects of any kind occur, discontinue use and inform your doctor. The information of each article comes from the manufacturer or pack imprint or trade press. Keep the products out of the reach of children. We assume no liability for damage to health of any kind. For false information and ingredient changes no liability is assumed. Furthermore, fatburners.at is not responsible for any statements, promises or recommendations made by the different manufacturers of the products.

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Products:
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