Terms and Conditions (GTC)

1. General

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded via the online shop curasana-shop.at / curasana-shop.com between the Cura Sana Shop, owner Daniel Belezanski, Thalhamerstraße 29a, 4073 Wilhering ( subsequently "Cura Sana Shop" or "we") and customers who are consumers.

1.2 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

2. Acknowledgment of the General Terms and Conditions and Place of Jurisdiction

2.1 The customer acknowledges these GTC and agrees to them as soon as he places an order.

2.1 For consumers who have their habitual residence or habitual residence in Germany, or who are employed in Germany, only the jurisdiction of the court in whose district the residence, habitual residence or the consumer's place of employment.

3. Defense Clause

3.1. The inclusion of general terms and conditions or contractual terms of the customer that deviate from these terms and conditions will be rejected unless they are expressly recognized by Cura Sana Shop.

4. Conclusion of contract

4.1. The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to submit an offer himself. The customer submits the offer in the legal sense when placing the order. The receipt of the order is confirmed together with the acceptance of the order immediately after it has been sent by e-mail. With this e-mail confirmation, the purchase contract has come about.

4.2. In the overview of the product range of the online shop curasana-shop.at / curasana-shop.com, the customer can select the desired product(s) by clicking on the "Add to shopping cart" button. The selected goods are temporarily stored in the shopping cart during the customer's visit to the website curasana-shop.at / curasana-shop.com. By clicking on the "Check out" button next to the goods listed in the shopping cart, the ordering process is continued. The customer then selects the delivery location and payment method he/she prefers and enters the data required to make the payment. When choosing external payment services such as PayPal, the customer is forwarded to the external website of the respective payment service provider. Before the order is submitted, the data relevant to the order are summarized in an order overview. The customer is free to check his details again at checkout and correct them if necessary before sending his order to the Cura Sana Shop by clicking on the "Buy now" button. By clicking on the "Buy now" button, the customer submits a binding purchase offer for the goods he has selected.

4.3. After receipt of the order, Cura Sana Shop sends an e-mail to the e-mail address provided by the customer, in which the receipt of the order is confirmed and its content is displayed (hereinafter referred to as "order confirmation"). If Cura Sana Shop refuses to conclude the contract, the customer will be informed of this immediately by e-mail.

4.4. The product photos shown in the online shop are to be understood as symbolic images, and the consumer does not have any claims regarding the quality or design of the products.

5. Storage of the text of the contract

5.1. The text of the contract, i.e. the customer’s information about the ordering process, is saved by the Cura Sana Shop and can be viewed by the customer under the “My Account” link under “My Orders”. Irrespective of this, Cura Sana Shop sends an order confirmation and these General Terms and Conditions to the email address provided by the customer.

6. Right of Withdrawal / Withdrawal

6.1. You can return the goods received without giving a reason within 14 days by returning the goods. Information on returns can be found at curasana-shop.at / curasana-shop.com

Right of withdrawal

The following cancellation policy applies to contracts for goods that can be sent as a package by post or by a carrier commissioned by us.

Right of withdrawal for goods that can be sent by parcel post

As a consumer, you have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier last took possession of the goods.

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may withhold repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You have the goods to us immediately and in any event not later than fourteen days from the day on which you inform us of the cancellation of this contract

Cura Sana Store
Owner Daniel Belezanski
Thalhamerstrasse 29a

4073 Wilhering Austria

to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired.

The right of withdrawal does not apply to the following contracts:

  1. Contracts for the delivery of goods that are not part of the range in the online shop and for the production of which an individual design or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
  2. Contracts for the supply of goods that can spoil quickly or whose use-by date would quickly expire.
  3. Contracts for the delivery of goods that are not suitable for return for reasons of health protection or hygiene if they have been opened or used after delivery.
  4. Contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature.

7. Prices

7.1. All product prices are total prices; They include VAT.

7.2. Subject to price errors. If the correct price is higher, the customer is contacted; in this case, a contract is only concluded if the customer wants to buy at the actual price. If the correct price is lower, this price will be charged.

8. Shipping Costs

8.1. Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers. The applicable sales tax is included in the shipping costs. From a goods value of € 90,- excl. delivery costs, we deliver free of charge.

9. Terms of Delivery

9.1. Unless otherwise agreed, delivery will be made to the address specified by the customer or to the packing station.

9.2. The estimated delivery time is indicated directly in the shopping cart. When paying in advance, the delivery period begins one day after receipt of the amount on the bank account of Cura Sana Shop. In other cases, the delivery period begins one day after receipt of the order.

9.3. Cura Sana Shop bears no responsibility in the event of delivery obstacles in the area of ​​suppliers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances that cannot be influenced by Cura Sana Shop, Cura Sana Shop is entitled to withdraw from the contract in whole or in part. Cura Sana Shop will inform the customer of this immediately. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the ordering process.

10. Maturity and retention of title

10.1. The purchase price is to be paid within 8 days of receipt of the invoice without any deductions and free of charges.

10.2. The delivered goods remain the property of Cura Sana Shop until full payment has been made.

11. Terms of Payment

11.1. Cura Sana Shop accepts the payment methods listed here.

11.2. When paying in advance, the customer transfers the invoice amount to the Cura Sana Shop account within 8 days after conclusion of the contract (bank details can be found in the order confirmation and in the imprint ). The dispatch takes place only after receipt of payment.

11.3. Paypal – You pay the invoice amount via the online provider PayPal. To do this, you will be redirected to the website of this third-party provider. After legitimation with the access data, you can confirm the payment order to us. After successful confirmation of your payment you will be forwarded back to us. You can also pay via PayPal without your own PayPal account, for example with your credit card. You'll get more information during the ordering process.

11.4. The goods remain the property of Cura Sana Shop until full payment has been made. Cura Sana Shop reserves the right to assert claims for damages (e.g. interest, reminder or collection costs) if the customer defaults on payment and the legal requirements are met.

11.5. By agreeing to the terms and conditions, the customer agrees that, in the event of a default in payment, Cura Sana Shop will transmit the name, gender, address, profession, outstanding balance and reminder data to the collection agency commissioned with collecting claims .

12. Warranty

12.1. If the goods are defective, Cura Sana Shop is obliged, depending on the customer's choice, to remedy the defect or to deliver new, defect-free goods. The statutory warranty provisions apply unless otherwise agreed in these General Terms and Conditions. This agreement must be in writing.

12.2. The warranty period is 24 months and begins when the goods are handed over if the customer is a consumer. However, the customer must prove after 6 months that the defect was already present at the time of handover.

12.1. Cura Sana Shop is entitled to refuse the selected type of supplementary performance if this can only be carried out with disproportionate costs and if the other type of supplementary performance would not entail any significant disadvantages for the customer. If the supplementary performance fails, the customer can choose to withdraw from the contract or demand a reduction in the purchase price.

12.2. Promises and/or declarations about the areas of use or special properties of the products are non-binding and do not represent any assurance of specific properties unless they are made in writing.

12.3. Harvest-related deviations in taste, or minor, production-related deviations in color and quality of the raw materials used, as well as harvest-related changes in taste, color and texture do not constitute warranty defects or non-performance of the contract.

13. Disclaimer

13.1. Claims for damages by the customer against Cura Sana Shop are excluded unless Cura Sana Shop or its vicarious agents have acted intentionally or with gross negligence.

13.2. Liability for damage resulting from injury to life, limb and health, due to negligent or intentional breach of essential contractual obligations or insofar as liability is mandatory under the Product Liability Act or due to culpa in contrahendo or due to other breaches of duty or tortious claims for compensation for property damage remains unaffected. Significant contractual obligations are obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.

15. Privacy

15.1. Provisions on data protection are contained in the data protection declaration.

16. Alternative Dispute Resolution

16.1 The EU Commission provides an internet platform for out-of-court dispute resolution, which can be accessed via the following link: https://ec.europa.eu/consumers/odr/ . Consumers have the opportunity to settle disputes in connection with their online order there.

16.2. According to Section 19 (3) AStG, if we are unable to reach an agreement with the consumer in a dispute, we must inform the consumer on paper or another durable medium (e.g. e-mail) of the competent alternative dispute resolution body. At the same time, we have to state whether we will participate in a procedure.

E-mail address for questions in this regard: info@curasana-shop.at

17. Application and Safety Instructions

17.1. With the intake or use of food and beverages or cosmetics, substances are introduced into the body. Due to their effect, however, these products are not medicinal products. The impression must not be given that they are suitable for achieving pharmacological effects.

If you have any health problems, please consult your doctor. Cura Sana Shop assumes no liability for any disadvantages or impairments resulting from non-observance of these instructions.

18. Severability and Final Provisions

18.2. If one or more provisions of these terms and conditions are subsequently declared invalid, this does not affect the validity of the remaining provisions. The ineffective provision shall be replaced by a provision that comes closest to the meaning and purpose of the ineffective provision, taking into account good faith, common practice and the customs applicable in business transactions. The above provisions apply accordingly in the event that the GTC prove to be incomplete.

18.3. Written form means by e-mail or post.