Terms and Conditions

General terms and conditions of business

1 Scope of the General Terms and Conditions

  1. The following general terms and conditions (hereinafter “GTC”) are part of every contract between prana for you GmbH, Grünbach 81, 4623 Gunskirchen (hereinafter “prana for you”), represented by Ms. Mag. (FH) Katharina Pindeus and the customer.

  2. The General Terms and Conditions are binding for all current and future business transactions with prana for you, even if no express reference is made to them. prana for you provides the services exclusively on the basis of these terms and conditions.

  3. Differing, conflicting or supplementary general terms and conditions will not become part of the contract, even if we are aware of them, unless we expressly agree to their validity in writing. We already object to the customer's conditions (in particular General Terms and Conditions) that deviate from these General Terms and Conditions and we expressly do not recognize them. This also applies if we do not (again) object to the customer's different conditions in individual cases. The customer's conditions do not bind us even if their validity is stated as an express condition. The provision of services by us does not constitute submission to the customer's deviating conditions, even if we are aware of the customer's conflicting or deviating conditions and do not express any reservations against them.

2 Conclusion of contract

  1. Our offers in the online shop and price lists are non-binding and subject to change. The presentation of the goods, especially on the Internet, does not constitute a binding offer from prana for you. The customer's order represents a binding offer to conclude a purchase contract for the ordered goods. An order is only possible if the customer data requested by us is provided in full. Contracts are only concluded through our written order confirmation or a fulfillment act carried out by us (e.g. delivery/shipping of the goods). The order confirmation sent automatically by email does not constitute an order confirmation or acceptance of the customer's offer by Prana for you, but is only intended to inform the customer that the order has been received. All other agreements or additional agreements made later will only become effective with our written confirmation.

  2. If an ordered product is not available or cannot be procured by prana for you under reasonable conditions, the customer will be informed immediately and any payments made by the customer will be refunded.

  3. All information on the homepage www.pranaforyou.at is non-binding.

3 Prices and payment terms

  1. All prices quoted by us are subject to change and, unless expressly stated otherwise, are in euros (€), including VAT. All prices apply “ex works” or “ex-works” INCOTERMS 2010 and do not include additional costs. Additional costs (especially for shipping and other services) will be invoiced separately. An additional shipping fee will be charged for each delivery. Transport is carried out at the customer’s expense and risk. We are not obliged to take out transport insurance for the goods.

  2. Price changes before ordering as well as input and electronic transmission errors are reserved. Furthermore, prana for you reserves the right to adjust the price if cost increases occur after the contract has been concluded, for example due to price increases by suppliers, changes in the exchange rate, etc.

  3. The purchase price is due for payment immediately without any discount.

  4. Payment for the goods can be made either by credit card (VisaCard, MaestroCard or MasterCard) or by PayPal.

  5. Prana for you is entitled to send the customer invoices electronically. The electronic invoice will be sent by email to the customer's specified email address after the order has been completed. In the case of separately agreed partial deliveries, Prana for you will invoice in accordance with the individual partial deliveries. Changes to the customer's address must be communicated to prana for you immediately.

  6. If the customer defaults on payment, we are released from all further service and delivery obligations and are entitled to withhold outstanding deliveries or services or to demand advance payments or securities.

  7. Interest on arrears: Even if the contractual partner is in default of payment through no fault of their own, we are entitled to charge interest on arrears amounting to 8% per year. This does not affect claims for reimbursement of proven higher interest rates in the event of default in payment. If your own reminder is unsuccessful, the costs of intervention by a debt collection agency, a credit protection association and the like will also be charged in accordance with the fee guidelines.

4 gift vouchers

  1. Gift vouchers are vouchers with a value from EUR 10.00 and up to a value of EUR 200.00 that can be purchased at www.pranaforyou.at /gutschein/. Gift vouchers are valid for 20 years until the credit is used up. Gift vouchers will not be exchanged for cash and will not bear interest. The customer can pay with valid gift vouchers as part of the ordering process by selecting “VOUCHER” as the payment method, entering the voucher code(s) and redeeming the entire voucher value or part of it on their order. Any difference between the voucher value and the value of the order can be resolved with the details under 3.4 above. Payment methods mentioned above can be paid.

5 Delivery conditions / delivery costs

  1. Delivery takes place within 7 working days, with working days being Monday to Friday, with the exception of public holidays. Delivery times may vary for deliveries outside Austria.

  2. The contractual partner is obliged to accept the deliveries and services provided by prana for you. With the delivery “ex works” or “ex works” INCOTERMS 2010, delivered goods are deemed to have been accepted.

  3. Operational disruptions and events of force majeure as well as other events beyond our control, in particular delivery delays and the like on the part of our upstream suppliers, entitle us to either extend the deadlines accordingly or due to the exclusion of any legal claims, in particular warranty, error and compensation claims to withdraw from the contract if the part has not yet been fulfilled. This also applies if the events occur at a time when we are in default.

  4. prana for you has the right to deliver the ordered delivery in parts, provided this is not demonstrably disadvantageous for the customer.

6 Examination and transfer of risk

  1. Delivery takes place ex works or ex works INCOTERMS 2010, the customer bears the risk of transport for deliveries.

  2. Immediately after receiving the goods, the customer must check them for completeness and accuracy and, if necessary, make a written complaint. If there is no complaint, the goods are deemed to have been delivered properly and complete. Defects that were not apparent during the inspection are excluded. Transport damage and missing quantities must be reported to prana for you in writing immediately, but at the latest within 3 days.

  3. Default of acceptance: If the customer is in default of acceptance, we are entitled to store the goods with us, for which we charge a storage fee of €0.50 per calendar day or part thereof. At the same time, we remain entitled to insist on fulfillment of the contract. After setting a reasonable grace period, we also have the right to withdraw from the contract and use the goods for another purpose. Any purchase price that has already been received will be refunded minus the costs incurred.

7 Right of withdrawal

  1. Customers who are consumers within the meaning of the Austrian Consumer Protection Act or similar laws in their respective countries of residence can withdraw from a contract concluded at a distance (or a contract declaration made at a distance) within a period of 14 calendar days after delivery of the ordered goods. The right of withdrawal only applies to consumers within the meaning of Section 1 KSchG and only if the contract was concluded outside our business premises (Section 3 Z 1 FAGG) or as a distance contract (Section 3 Z 2 FAGG).

  2. In order to make use of the right of withdrawal, it is sufficient if the declaration of withdrawal is sent within the deadline without giving reasons. Saturdays, Sundays and public holidays are included in the calculation of the deadline. The declaration of withdrawal is not tied to a specific form and can be made in writing by email to office@pranaforyou.at or by post to the address of prana for you GmbH, Grünbach 81, 4623 Gunskirchen.

  3. In the event of withdrawal, the purchase price including shipping costs will only be refunded concurrently against the return of the goods received from the customer.

  4. The goods should be returned in unused, resalable condition and in the original packaging. For items that are affected by signs of wear and tear, unless these are the result of normal intended use, we will charge an appropriate fee for the reduction in value. The same applies if accessories and parts are missing when the goods are returned.

  5. The return shipping costs are borne by the customer. If the goods are returned freight forwarded, we are entitled to withhold or invoice a corresponding amount.

  6. However, the right of withdrawal is excluded in the cases of Section 18 FAGG. This is particularly the case with the following contracts:
    i) Contracts for goods that can spoil quickly or whose expiry date would be quickly exceeded

    ii) Contracts for goods delivered in a sealed package which are not suitable for return for health or hygiene reasons provided the seal has been removed after delivery.

8 Warranty

  1. The warranty period is 24 months and begins with the handover of the purchased item if the customer is a consumer.

  2. If the delivered goods have defects, the warranty claims are based on the legal provisions. Accordingly, the customer must return the defective goods immediately and prana for you is entitled to improve and exchange them. Only if the improvement or replacement is impossible, would involve a disproportionate amount of effort for prana for you, or if Prana for you cannot comply with the request for an exchange or improvement or cannot do so within a reasonable period of time, is the customer entitled to request a price reduction or cancellation . In the case of minor defects, cancellation is excluded.

9 Retention of title

  1. The goods remain the property of Prana for you until full payment has been made. The assertion of retention of title or the seizure of the delivery item by Prana for you does not constitute a withdrawal from the contract.

10 Privacy and data protection

  1. prana for you uses the data provided by the customer (name, gender, address, email address, telephone number, bank details) exclusively for the relevant purpose and in compliance with the applicable legal provisions; Any further use will only take place with the express consent of the customer. The customer can object to the use of his data at any time.

  2. The customer expressly agrees that prana for you may use the customer's personal data specified in the previous paragraph for the purpose of providing access to the contractual services (use of the website www.pranaforyou.at and in particular the online shop to purchase prana for you products ), to communicate with the customer (in particular sending newsletters) and to process his order. For the purpose of fulfilling the contract, namely delivery, the customer's personal data will be forwarded to the freight forwarder to the extent that this is necessary for the delivery of the goods. The carrier is also obliged to use the customer's personal data exclusively in accordance with the provisions of applicable data protection law.

  3. However, the customer can revoke his declaration of consent under data protection law at any time without giving reasons by submitting a written statement to prana for you, which means that further use of the data by prana for you for purposes other than those necessary for the fulfillment of the contract is inadmissible. If consent is given, the customer can query, change or delete the stored data from prana for you and revoke his consent at any time.

  4. After the shopping process is canceled, the data we have stored will be deleted. If a contract is concluded, all data from the contractual relationship will be stored until the tax retention period (7 years) has expired.

  5. This data protection declaration can be viewed and accessed at any time on the prana for you website.

11 Limitation of Liability

  1. With the exception of injury to life, body and health, prana for you is only liable for damage that is attributable to intentional or grossly negligent behavior. Liability for consequential damages and lost profits is excluded.

  2. Except in the case of intentional or grossly negligent behavior or damage resulting from injury to life, body and health, liability is limited to the damage typically foreseeable at the time the contract was concluded and otherwise limited in amount to the average damage typical for the contract.

  3. The limitations of liability in paragraphs 11.1. and 11.2. also apply mutatis mutandis to the employees and vicarious agents of Prana for you.

  4. Claims based on the product liability law remain unaffected.

12 Information on online dispute resolution

  1. The European Commission established an internet platform for online dispute resolution on February 15, 2016. This is intended to enable consumers and retailers to resolve disputes in connection with online sales contracts or online service contracts easily, efficiently, quickly and out of court. The platform can be accessed via the website http://ec.europa.eu/consumers/odr. We prefer to clarify your concerns directly and do not take part in consumer arbitration proceedings. If necessary, we ask you to contact us at office@parnaforyou.at

13 Final Provisions

  1. The contract language is German.

  2. prana for you reserves the right to change the terms and conditions at any time.

  3. The place of performance is the registered office of prana for you.

  4. The ineffectiveness of individual provisions of these General Terms and Conditions does not affect the effectiveness of the remaining provisions of these General Terms and Conditions. The contractual partners are obliged to agree on a new provision that comes closest to the purpose of the invalid provision.

  5. Offsetting our claims with counterclaims of whatever kind is excluded.

  6. For all legal transactions, in particular the contractual (supply) agreement and these General Terms and Conditions, Austrian substantive law applies exclusively, excluding the reference norms of Austrian international private law and the provisions of the UN Convention on Contracts for the International Sale of Goods.

  7. For all legal disputes arising from or related to this contractual relationship - with the exception of contractual relationships with consumers within the meaning of the Consumer Act - the relevant court in Wels has exclusive jurisdiction. If the customer is a consumer within the meaning of the Consumer Act, the court in whose district the domicile, habitual residence or place of employment of the customer is located is responsible for any legal disputes.