General terms and conditions
1. Scope
These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") shall apply to all offers, goods and services of MemoMind Pharma ("Memomind") effected in connection with this website via the web shop (e-commerce). The customer’s general terms and conditions deviating from our Terms and Conditions shall not be valid unless Memomind gives its written consent to such validity. For the purpose of these Terms and Conditions, consumers shall be natural persons acting for purposes outside their commercial, business or professional activities.
2. Conclusion of Contract
Sending the online order shall be an offer to Memomind to conclude a purchase contract. Memomind shall send a written confirmation of receipt of the customer's order (order acceptance). This order acceptance shall only be an acknowledgement of receipt and shall not represent an acceptance of the customer’s offer. The contract shall be concluded as soon as the customer receives the notification of dispatch (advice of dispatch) or the goods ordered. Memomind expressly reserves the right to reject orders without giving any reasons.
3. Right of Rescission for Consumers
Customers who are consumers can rescind from a contract concluded within the framework of distant selling within a period of seven working days upon receipt of the goods. The rescission period shall begin upon receipt of the ordered goods; Saturdays shall not be considered working days. The notice of rescission shall be sent within the period of rescission; reasons for the rescission need not to be stated; Saturdays shall not be considered working days.
In case of a rescission of contract, the purchase price shall only be reimbursed in full or in part concurrently upon return of the goods received by the customer. The customer shall bear the costs for the return of the goods. The goods must be returned unused and in a condition enabling Memomind to resell them as new and in their original packing. For items affected by marks of use or items with slightly damaged packaging, a reasonable remuneration for the depreciation in value shall be retained. The same shall be true in case of missing accessories or parts.
4. Prices
The prices stated on the website at the time of order shall be valid; these prices are inclusive of statutory VAT as well as of packaging costs. Delivery / shipment are not included in the prices stated. The prices are stated in EURO. In case of online orders, the purchase price can only be paid by credit card. For registered customers, the prices shall only be valid if there is no other individual agreement.
5. Terms of Delivery and Payment
The terms of delivery and payment are included in the order form. Delivery can only be effected to those countries expressly stated on the website at the time of placement of order; the corresponding, individually shown shipment costs shall apply.
Memomind shall use its best efforts to effect delivery as quickly as possible. As a general rule, delivery will be effected within 8 days. Binding delivery dates must be expressly agreed upon in writing. Memomind shall be entitled to effect partial deliveries; in such cases there shall be no additional costs for the customer.
Should the customer fail to accept delivery, Memomind can insist on fulfilment of contract and shall - in addition to further claims for damages - be entitled to place the goods in storage and charge the customer a storage fee amounting to € 1,- per pack per calendar day.
If the customer is in default of payment, the customer shall be obliged to pay incurred dunning and collection expenses insofar as they are necessary for bringing a legal action. The customer shall especially be obliged to pay costs not exceeding the costs for compensating the commissioned collection agency resulting from the regulation by the Federal Ministry of Economic Affairs concerning the maximum rates for debt collection agencies. In addition, the customer shall be obliged to reimburse any further damage, independent of whether the customer is responsible for the delay in payment or not.
6. Transfer of Risk
The goods shall be dispatched at the customer’s risk. Upon transfer of the goods to the carrier, parcel service or post, the risk shall be transferred to the buyer. In each case, the risk shall be transferred to the customer after delivery.
7. Guarantee
If the customer is a consumer, the relevant legal provisions shall apply.
If the customer is not a consumer, the guarantee period shall be 6 months and the goods must be inspected immediately upon receipt. Should this inspection reveal any defects, the customer must inform Memomind in writing via e-mail immediately, however, not later than 7 days after receipt, of these defects, describing the nature and extent of the defects. Hidden defects must be notified in writing via email immediately after detection. If the customer fails to notify a defect and/or fails to notify a defect in time, the goods shall be deemed to be accepted. In these cases, the customer shall neither be entitled to assert guarantee claims or claims for damages nor shall it be entitled to avoidance on the ground of error due to defects. In any case, the customer shall be obliged to prove that the defect existed at the time of transfer of the goods.
Apart from those cases in which the customer has the statutory right of rescission, Memomind shall have the right to decide, at its own discretion, whether it wishes to fulfill the guarantee claim by correction, exchange or price reduction.
8. Liability, Product Liability, Damages
Memomind shall not be liable for damage and consequential damage of any kind, loss of earnings or profit or any other financial loss incurred by the customer. Any liability for any damage incurred by a third party directly or indirectly in connection with the purchase or the use of the goods shall be excluded. Memomind shall not be liable for losses or lost profit due to defective or delayed delivery or non-delivery.
This limitation on liability shall not apply insofar as Memomind or a person for which Memomind is responsible caused the damage wilfully or with gross negligence or in case of personal injury. Memomind’s liability shall in no event exceed the value of the delivered goods.
Recourse claims, if any, by the contractual parties or third parties against Memomind on the basis of product liability within the meaning of the Product Liability Act shall be excluded unless the person entitled to recourse can prove that Memomind acted with gross negligence.
9. Retention of Title
The goods shall remain the property of Memomind until full payment of the purchase price and of all receivables resulting from the business relationship.
10. Prohibition of Assignment and Set-off
Claims against Memomind may not be assigned to third parties. The customer shall not be entitled to set-off its debts with payments due from Memomind unless the customer is a consumer and Memomind is insolvent, the debt was established by a court or acknowledged by Memomind.
11. Data Protection
The customer expressly consents to the recording, storage and processing of its address and personal data in the computer-aided customer file and declares its consent to receive further offers, information and advertising mails. It is understood that personal data shall be treated confidentially.
12. Customer Service
Any enquiries, correspondence and returns of goods shall be sent to customer service:
MemoMind Pharma Ges.m.b.H – Kundendienst (customer service)
Oberburgau 3, 4866Unterach , Austria
13. Place of Venue and Place of Fulfillment
Place of fulfillment shall be 4866Unterach , Austria
14. Miscellaneous
Should any individual provision of these Terms and Conditions be or become ineffective, this shall not affect the effectiveness of the remaining provisions.
Changes or amendments must be in writing.
The imperative provisions of consumer protection acts shall not be affected by these Terms and Conditions.
As amended in March 2010
These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") shall apply to all offers, goods and services of MemoMind Pharma ("Memomind") effected in connection with this website via the web shop (e-commerce). The customer’s general terms and conditions deviating from our Terms and Conditions shall not be valid unless Memomind gives its written consent to such validity. For the purpose of these Terms and Conditions, consumers shall be natural persons acting for purposes outside their commercial, business or professional activities.
2. Conclusion of Contract
Sending the online order shall be an offer to Memomind to conclude a purchase contract. Memomind shall send a written confirmation of receipt of the customer's order (order acceptance). This order acceptance shall only be an acknowledgement of receipt and shall not represent an acceptance of the customer’s offer. The contract shall be concluded as soon as the customer receives the notification of dispatch (advice of dispatch) or the goods ordered. Memomind expressly reserves the right to reject orders without giving any reasons.
3. Right of Rescission for Consumers
Customers who are consumers can rescind from a contract concluded within the framework of distant selling within a period of seven working days upon receipt of the goods. The rescission period shall begin upon receipt of the ordered goods; Saturdays shall not be considered working days. The notice of rescission shall be sent within the period of rescission; reasons for the rescission need not to be stated; Saturdays shall not be considered working days.
In case of a rescission of contract, the purchase price shall only be reimbursed in full or in part concurrently upon return of the goods received by the customer. The customer shall bear the costs for the return of the goods. The goods must be returned unused and in a condition enabling Memomind to resell them as new and in their original packing. For items affected by marks of use or items with slightly damaged packaging, a reasonable remuneration for the depreciation in value shall be retained. The same shall be true in case of missing accessories or parts.
4. Prices
The prices stated on the website at the time of order shall be valid; these prices are inclusive of statutory VAT as well as of packaging costs. Delivery / shipment are not included in the prices stated. The prices are stated in EURO. In case of online orders, the purchase price can only be paid by credit card. For registered customers, the prices shall only be valid if there is no other individual agreement.
5. Terms of Delivery and Payment
The terms of delivery and payment are included in the order form. Delivery can only be effected to those countries expressly stated on the website at the time of placement of order; the corresponding, individually shown shipment costs shall apply.
Memomind shall use its best efforts to effect delivery as quickly as possible. As a general rule, delivery will be effected within 8 days. Binding delivery dates must be expressly agreed upon in writing. Memomind shall be entitled to effect partial deliveries; in such cases there shall be no additional costs for the customer.
Should the customer fail to accept delivery, Memomind can insist on fulfilment of contract and shall - in addition to further claims for damages - be entitled to place the goods in storage and charge the customer a storage fee amounting to € 1,- per pack per calendar day.
If the customer is in default of payment, the customer shall be obliged to pay incurred dunning and collection expenses insofar as they are necessary for bringing a legal action. The customer shall especially be obliged to pay costs not exceeding the costs for compensating the commissioned collection agency resulting from the regulation by the Federal Ministry of Economic Affairs concerning the maximum rates for debt collection agencies. In addition, the customer shall be obliged to reimburse any further damage, independent of whether the customer is responsible for the delay in payment or not.
6. Transfer of Risk
The goods shall be dispatched at the customer’s risk. Upon transfer of the goods to the carrier, parcel service or post, the risk shall be transferred to the buyer. In each case, the risk shall be transferred to the customer after delivery.
7. Guarantee
If the customer is a consumer, the relevant legal provisions shall apply.
If the customer is not a consumer, the guarantee period shall be 6 months and the goods must be inspected immediately upon receipt. Should this inspection reveal any defects, the customer must inform Memomind in writing via e-mail immediately, however, not later than 7 days after receipt, of these defects, describing the nature and extent of the defects. Hidden defects must be notified in writing via email immediately after detection. If the customer fails to notify a defect and/or fails to notify a defect in time, the goods shall be deemed to be accepted. In these cases, the customer shall neither be entitled to assert guarantee claims or claims for damages nor shall it be entitled to avoidance on the ground of error due to defects. In any case, the customer shall be obliged to prove that the defect existed at the time of transfer of the goods.
Apart from those cases in which the customer has the statutory right of rescission, Memomind shall have the right to decide, at its own discretion, whether it wishes to fulfill the guarantee claim by correction, exchange or price reduction.
8. Liability, Product Liability, Damages
Memomind shall not be liable for damage and consequential damage of any kind, loss of earnings or profit or any other financial loss incurred by the customer. Any liability for any damage incurred by a third party directly or indirectly in connection with the purchase or the use of the goods shall be excluded. Memomind shall not be liable for losses or lost profit due to defective or delayed delivery or non-delivery.
This limitation on liability shall not apply insofar as Memomind or a person for which Memomind is responsible caused the damage wilfully or with gross negligence or in case of personal injury. Memomind’s liability shall in no event exceed the value of the delivered goods.
Recourse claims, if any, by the contractual parties or third parties against Memomind on the basis of product liability within the meaning of the Product Liability Act shall be excluded unless the person entitled to recourse can prove that Memomind acted with gross negligence.
9. Retention of Title
The goods shall remain the property of Memomind until full payment of the purchase price and of all receivables resulting from the business relationship.
10. Prohibition of Assignment and Set-off
Claims against Memomind may not be assigned to third parties. The customer shall not be entitled to set-off its debts with payments due from Memomind unless the customer is a consumer and Memomind is insolvent, the debt was established by a court or acknowledged by Memomind.
11. Data Protection
The customer expressly consents to the recording, storage and processing of its address and personal data in the computer-aided customer file and declares its consent to receive further offers, information and advertising mails. It is understood that personal data shall be treated confidentially.
12. Customer Service
Any enquiries, correspondence and returns of goods shall be sent to customer service:
MemoMind Pharma Ges.m.b.H – Kundendienst (customer service)
Oberburgau 3, 4866
13. Place of Venue and Place of Fulfillment
Place of fulfillment shall be 4866
14. Miscellaneous
Should any individual provision of these Terms and Conditions be or become ineffective, this shall not affect the effectiveness of the remaining provisions.
Changes or amendments must be in writing.
The imperative provisions of consumer protection acts shall not be affected by these Terms and Conditions.
As amended in March 2010
