Terms and Conditions of Organic+ Store

Terms and Conditions of Organic+ Store

Terms and Conditions

Preamble

a. mWS myWorld Solutions AG, Grazbachgasse 87-93, 8010 Graz, Austria, operates an online shop (“Organic+ Store”) at www.organic.plus.

b. Customer in the singular will include the plural and vice versa. A reference to one gender will include a reference to the other gender.

1. Parties to, and objects of contract

1.1. The Organic+ Store is operated by mWS myWorld Solutions AG (Grazbachgasse 87-93, 8010 Graz, Austria, phone number: +43 (0)316 7077 0, e-mail: service@organic.plus, Commercial Register number 389134g), hereinafter referred to as “myWorld Solutions”.

1.2. These Terms and Conditions will apply to all contracts between myWorld Solutions and a Customer, concluded via the Organic+ Store.

1.3. Products in the Organic+ Store are offered for a Customer´s own use. Products offered in the Organic+ Store are not medicinal products. Therefore, the products are not intended for treating or curing any disease.

1.4. The products offered may not be used as a substitute for a balanced diet.

2. Order process, offer, acceptance of offer, completion of contract, billing and collection of amount receivable

2.1. A Customer´s order in the Organic+ Store (the order process is completed by clicking on the button marked “BUY NOW”) constitutes a binding offer to buy the ordered products from myWorld Solutions.

2.2. The order confirmation that is sent automatically upon completion of the order process does not represent an acceptance of the offer by myWorld Solutions. The contract will come into effect only if and when the ordered products are dispatched by myWorld Solutions to the Customer.

2.3. The contract of sale is between myWorld Solutions and a Customer. However, the billing process and the collection of the amount receivable are carried out either by myWorld Solutions itself or it is carried out on behalf of myWorld Solutions by the service company, listed in Appendix 1, in the country in which the Customer resides.

3. Retention of title

The delivered goods will remain the property of myWorld Solutions until they are paid in full.

4. Prices, mode of payment, shipping costs and delivery

4.1. The product prices in the Organic+ Store are indicated in the respective national currency (see Appendix 2) and are inclusive of the statutory rate of value added tax but are exclusive of shipping costs (see clause 4.2.)

4.2. In addition to the indicated product prices, shipping costs may be payable. The amount of shipping cost depends on the size and weight of the ordered products. The amount of shipping cost will be calculated during the order process and will be indicated to the Customer before the ordering process is completed.

4.3. myWorld Solutions accepts payment by credit card. Credit card payments will be debited upon completion of the order by the Customer. No other payment options are accepted.

4.4. myWorld Solutions ships all orders using logistics companies (e.g. UPS, GLS, Fedex, postal operator etc).

4.5. Delivery time for products held in stock is between three and five working days from the order date. The respective delivery time for products not held in stock will be disclosed to the Customer before the ordering process is completed.

4.6. Products are shipped to the Customer. Personal collection of the ordered products is not possible. Delivery to packstations is not possible.

5. Warranty

Statutory warranty provisions are applicable and the purchasing Customer will exercise his warranty rights against myWorld Solutions.

6. Statutory right of withdrawal

6.1. Right of withdrawal

The Customer has the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire 14 days after the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer, acquires physical possession of the goods. To exercise the right of withdrawal, the Customer must inform mWS myWorld Solutions AG (Grazbachgasse 87-93, 8010 Graz, Austria, phone number: +43 (0) 316 7077 0, e-mail:service@organic.plus) of his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

The Customer may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, the Customer must communicate his withdrawal before the withdrawal period has expired.

6.2. Effects of withdrawal

If the Customer withdraws from this contract, myWorld Solutions will reimburse the Customer all payments received from the Customer, including the cost of delivery (with the exception of any supplementary cost resulting from the Customer´s choice of means of delivery other than the least expensive standard delivery offered by myWorld Solutions), without undue delay and in any event no later than 14 days from the day on which myWorld Solutions is informed about Customer´s withdrawal from this contract. myWorld Solutions will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement. myWorld Solutions may withhold the reimbursement until the goods have been returned or the Customer has supplied evidence of having returned them, whichever is the earlier.

The Customer will return the goods to, or hand them over to:

mWS myWorld Solutions AG c/o Schenker & Co AG Am Terminal 10/Tor 58 8142 Wundschuh Austria

without undue delay and in any event no later than 14 days from the day on which the Customer communicates his withdrawal from this contract to myWorld Solutions. The deadline is met if the Customer returns the goods before the period of 14 days has expired.

The Customer will have to bear the direct cost of returning the goods. The Customer is only liable for any diminished value of the goods resulting from handling, excepting what is necessary to establish the nature, characteristics and functioning of the goods.

End of instructions on withdrawal

A Customer has no right of withdrawal regarding contracts for the supply of sealed goods which, if unsealed after delivery, are not suitable for return due to health protection or hygiene reasons.

7. Complaints

7.1. Transport damages

A Customer whose goods have been obviously damaged in transit will make an immediate complaint to the deliverer and also to myWorld Solutions. This shall have no effect on the Customer´s statutory warranty rights (see clause 5.). The notification should be sent without delay to:

mWS myWorld Solutions AG Grazbachgasse 87-93, 8010 Graz, Austria Phone: +43 (0) 316 7077 0 E-mail: service@organic.plus

7.2. Wrong delivery

If a Customer receives accidentally a product that has not been ordered by him (e.g. in the case of a wrong delivery), the Customer may make a complaint about the wrong delivery within 14 days of receiving the product. The Customer undertakes to return the product in the same (unused) condition in which it was received. This will have no effect on the Customer´s statutory warranty rights (see clause 5.). The complaint should be sent to:

mWS myWorld Solutions AG Grazbachgasse 87-93 8010 Graz, Austria Phone: +43 (0) 316 7077 0 E-mail: service@organic.plus

Returned goods should be sent to: mWS myWorld Solutions AG c/o Schenker & Co AG Am Terminal 10/Tor 58 8142 Wundschuh Austria

8. Disclaimer of liability

8.1. myWorld Solutions will be liable without limitation for any damage resulting from violations of life, limb or health, provided that the damage results from an intentional or negligent breach of duty by myWorld Solutions.

8.2. myWorld Solutions will be liable without any limitation also for other damages, provided that the damage results from an intentional breach of duty by myWorld Solutions.

8.3. The liability of myWorld Solutions will be limited to damages which are foreseeable and typical, provided that the damage results from a gross negligent breach of duty by myWorld Solutions.

8.4. The liability of myWorld Solutions will be limited to damages which are foreseeable and typical, provided that the damage results from a simple negligent breach of such duties by myWorld Solutions which are fundamental for the proper and adequate execution of the contract and on the fulfillment of which the Customer relies or may rely (cardinal duties).

8.5. If and insofar as the liability of myWorld Solutions is limited or excluded, such limitation or exclusion will also apply to employees, legal representatives and vicarious agents of myWorld Solutions.

8.6. Liability for any detrimental effects or damages resulting from a failure to observe the warning instruction in clause 1.4. will be excluded.

8.7. Subject to clause 8.8., any further claims for damages will be excluded. This exclusion will apply in particular to the strict liability for initial defects.

8.8. The limitations of liability and the exclusions of liability pursuant to clause 8.1. to 8.7. will in no way affect the liability of myWorld Solutions under the mandatory legal provisions of the Product Liability Act.

9. Consent to data processing

9.1. mWS myWorld Solutions AG, having its place of business in Grazbachgasse 87-93, 8010 Graz, Austria, collects, saves and processes the following data for the purpose of processing orders made in the Organic+ Store: name, surname, phone number, e-mail address, country code, shipping address and billing address.

9.2. A Customer hereby, subject to revocation at any time, expressly consents that mWS myWorld Solutions AG, having its place of business in Grazbachgasse 87-93, 8010 Graz, Austria, forwards the Customer´s personal data, namely name, surname, phone number, e-mail address, country code, shipping address and billing address, for the purpose of billing and debt collection to the Service Company (see Appendix 1) in the country where the Customer resides, if the billing process is carried out from the Service Company.

9.3. A Customer has the right to revoke his consent declared under clause 9.2. at any time, free of charge, in writing by letter (mWS myWorld Solutions AG, Grazbachgasse 87-93, 8010 Graz, Austria,) or e-mail (service@organic.plus).

These contact details may also be used to exercise the right to information, the right to modification and the right to deletion that exists under data protection regulations.

9.4. Credit card data will not be saved or processed by mWS myWorld Solutions AG. mWS myWorld Solutions AG uses the services of Global Collect Services B.V., Planetenweg 43-59, 2132 HM Hoofddorp, Netherlands (Ingenico ePayments) for processing credit card payments. Enquiries can be directed at service@organic.plus.

10. Governing law, place of jurisdiction, severability clause

10.1. Governing law

This Agreement will be governed by Austrian law (excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the reference rules of International Private Law). THIS, HOWEVER, WILL IN NO WAY AFFECT THE APPLICATION OF PROVISIONS EXISTING IN THE COUNTRY WHERE THE CUSTOMER HAS HIS PLACE OF RESIDENCE WHICH ARE MORE FAVORABLE FOR THE CUSTOMER.

10.2. Place of jurisdicion

The only court with jurisdiction to hear an action against a Customer will be a court whose district includes the Customer´s domicile, the Customer´s normal residence or the Customer´s place of employment.

10.3. Severability clause

If any or more provisions of this Agreement are or become partly or wholly invalid in any respect, the validity of the remaining provisions contained herein will not in any respect be affected or impaired. The invalid provision shall be replaced by the respective applicable statutory provisions.

Appendix 1 – Service Companies
Appendix 2 – Currencies

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