General Terms and Conditions

1. Area of Application

1.1.  Purora GmbH &Co KG, FN 465027p, hereafter Purora, is the provider and contractual partner for all deliveries, services and offers.

1.2.  The following general terms & conditions of business apply for all orders placed through the online shop at www.purora.at.

1.3.  In the spirit of these business terms & conditions, customers are both consumers as well as companies.

1.4.  Deviating, contradictory or supplemental business terms & conditions will not be a component of the contract, unless their application is expressly agreed upon in writing. Reference to the business terms & conditions of customers in a separate form is expressly rejected.

 

2. Account and Conclusion of the Contract

2.1.  The product descriptions contained in product descriptions at Purora’s online shop do not represent a binding offer, but rather serve to provide information about a binding offer by the customers. Your order represents an offer to Purora for the conclusion of a purchase contract. When you place an order with Purora, Purora will send you an email to confirm the receipt of the order and list the details (order confirmation). This order confirmation does not represent acceptance of your offer, but rather serves to notify you that your order has been received by Purora.

2.2.  A purchase contract will first be confirmed once Purora has confirmed the ordered product with a separate confirm of the contract by email within five days. In that case, the order will be accepted through reservation of the shopping basket availability. The deadline for acceptance of the offer will begin on the day after the transmission of the offer by the customer and will end upon the expiration of the fifth day following the transmission of the offer.

2.3.  As part of the ordering process, there is a risk that brokerage with customers will be unexplainable and/or erroneous. German will be available as the language for the conclusion of the contract.

 

3. Prices

The price listed at the time of the order will apply. The prices indicated will be the final prices, meaning that they include the respectively applicable VAT. Shipping expenses will be in addition the indicated product prices. If taxes, duties and other expenses to be paid by the customer arise as part of shipping, such will be due and be borne by the purchaser.

 

4. Payment

Payment methods include by invoice, by credit card, through PayPal or through immediate transfer. Payments will first be considered as effective upon their receipt on the Purora account. All payments will be made exclusively in euro.

4.1.  Payment by Invoice
For the selection of invoice as the method of payment, the purchase price will be due once the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days from receipt of the invoice without deductions, to the extent that other arrangements have not been made.

4.2.  Payment by credit card
For payments made by credit cards (MasterCard, American Express or Visa), payment will be forward through Stripe, 8th St., Ste. 100, San Francisco, CA 94110-2043, USA, to Purora using the information about your order, including name, address, account number, bank routing number and, potentially, credit card number, invoice amount, currency and transaction number. Your data will only be forwarded for purposes of making payment using Stripe Ltd. as the primary service provider. For more detailed information about Stripe’s data protection policies, see the URL https://stripe.com. The credit card information will not be saved on Purora’s web site.

4.3.  Payment through PayPal
As part of the ordering process, you will be forwarded to PayPal’s web site. In order to pay the invoice amount through PayPal, you must be registered there or must register with that service first, validate the access data and confirm the payment instructions. Once the order has been sent to the shop, Purora will ask PayPal to start the payment transaction. The payment transaction will immediately be sent to PayPal for processing. You will receive additional information during the ordering process.

4.4.  Immediate Transfer
Purora also offers immediate transfer as a payment option. As part of this process, Purora will be credited for the transfer immediately. Doing this will accelerate the entire ordering process. You will need the account number, bank routing number, PIN and TAN for this. Immediate transfer using the Sofort AG secured payment form, which is not accessible to the retailer, will be setup a wire transfer from your online bank account automatically and in real time. The purchase amount will be transferred immediately and directly to the retailer’s bank account. When selecting immediate transfer as the method of payment, a pre-filled form will be opened upon completion of the ordering process. It will already include Purora’s bank information. Furthermore, the transfer amount and the purpose will already be displayed on the form. You merely need to choose the country where your online bank account is located and enter the bank routing number. Then enter the same information as that used to login to the online banking site (account number and PIN). Confirm your order by entering the TAN. Immediately afterwards, you will receive the transaction confirmation. Immediately afterwards, you will receive this transaction confirmation. In principle, all Internet users can use immediate transfer as the payment method, if they have activated online banking with PIN/TAN processing. Please note that immediate transfer is not yet available with some individual banks. The expense for using immediate transfer as the payment method amounts to EUR 0.00.

 

5. Shipping

5.1.  Purora is authorized to make the delivery address specified by you known for the transfer of the goods to an appropriate shipping company for purposes of delivering the goods. Purora retains the right to select the shipping company. Shipping and transportation will be at the customer’s risk and expense.

5.2.  Purora allows delivery to the address that you have specified for the respective order with Purora as the delivery address. Purora retains the right not to deliver to all locations. Purora will notify you during ordering, if we do not deliver to your address. Delivery may be rejected, if a prior delivery repeatedly could not be delivered or the customer has exhibited a lack of creditworthiness.

5.3.  In the event that delivery will be made to your home or another location indicated by you and is stolen or damaged from there, Purora will not assume any liability for such and does not guarantee compensation.

5.4.  If Purora cannot deliver to the location you request for any reason, Purora will attempt to contact you using the phone number you have provided. You are obligated to make sure that you can be reached using this phone number. If delivery cannot be made as a consequence, Purora has the right to invoice you for the delivery despite this.

5.5.  If delivery cannot be made, or will be delayed, due to acts of God, Purora does assume any liability for any inconvenience or loss arising from such inability.

5.6.  You are responsible for checking that all deliveries are complete and correct immediately upon receipt. You are also obligated to notify Purora if anything has been damaged or is missing in such cases.

 

6. Retention of Ownership

6.1.  All goods delivered will remain the property of Purora until the purchase price and all associated expenses and costs have been paid in full.

6.2.  Customers are authorized to re-sell the retained goods. This authorization will expire if customers are in default with payments or are concerned that they cannot make payment in full upon request by Purora.

6.3.  If customers are re-selling the retained goods, they will cede all income owed to them from the resale or other recoveries to Purora up to the amount of the purchase price. They will be obligated to record this cession in their books. Customers will be allowed to invoice such income in their own name for the invoice from Purora, until this authorization has been withdrawn. The customer is obligated to retain the ownership of the retained goods if they will be reselling the retained goods on credit.

6.4.  The customer will surrender the insurance or damage compensation claims arising from destruction or damage of the retained goods to Purora.

6.5.  The retained goods may not be used for purposes of collateral or mortgage.

 

7. Responsibility for Risk

7.1.  In principle, the risk of chance destruction and change impairment of the goods will transfer to you upon transfer of the goods. Upon delivery to the delivery address specified by you, the risk of chance destruction and chance impairment of the goods will transfer to you upon transfer of the goods to the conveyor, shipping company or other company for delivery of the goods.

7.2.  For the purposes of the transfer, any delay in acceptance is not significant.

7.3.  You will also bear the risk of chance destruction and change impairment of the goods, if the contract is cancelled, such as due to the exercise of a right of withdrawal or for other cause. When returning the goods, you must ensure the proper and secure packaging of the goods.

 

8. Right of Revocation Education

If the products are perishable and have a short expiration date (Purora Smoothies or SmoothSoups, for example), the right of withdrawal with regards to the indicated products shall be excluded for consumers.

For all other products, customers as consumers have the right to withdraw from the contract within 14 days without specification of reasons.

The deadline for withdrawal amounts to 14 days from the day when the customer, or a third party specified by the customer as a conveyor, takes ownership of the goods.

To exercise the right of withdrawal effectively, customers must notify Purora by means of a clear declaration (such as a letter sent by mail or an email) about the decision to withdraw from this contract. Customers may use the attached boilerplate withdrawal form, which is not however mandatory.

For the preservation of the right of withdrawal, customers must send the notification about the exercise of the right of withdrawal before the expiration of the deadline for withdrawal.

Consequences of Withdrawal

If the customer withdraws from the contract, Purora must immediately repay all payments that Purora has received through the customer, including the shipping expenses (with the exception of additional expenses that result from the specification of other manners of delivery than those inexpensively selected by default by Purora) within 14 days from the day when the notification about the withdrawal from the contract with Purora. Purora will make repayment using the same payment method, which the customer used for the original transaction, unless expressly arranged otherwise with the customer.

The customer must immediately return or transfer the goods to Purora at Marktstraße 24, 4760 Raab Austria at the latest within 14 days from the day when the customer notified Purora about withdrawal from the contract. The deadline will have been maintained, if the customer sends the goods prior to the expiration of the deadline of 14 days. The customer will bear the direct expenses for the return of the goods.

 

9. Guarantee & Liability

9.1.  Purora guarantees that the goods will correspond to the agreed upon specifications and the mandatory legal guidelines applicable for goods in the European Union. Purora guarantees that the goods may be marketed within the European Union. The customer must determine for themselves whether or not the goods may be marketed outside of the European Union (such as nutritional legislation or identification guidelines).

9.2.  Purora does not provide any guarantees for defects that can be traced back to improper storage, custody, usage or shipping. If there are allegations of such defects, customers must provide proof of proper storage, custody, usage or shipping. To the extent that the packaging of the goods or the business papers do not provide other instructions, proper storage and so forth is understood to mean that the goods will be stored and transported dry and at normal room temperatures at the highest and not stored in open areas.

9.3.  Purora does not make any guarantees about the information about products in catalogs, advertisements, brochures or menus (for food or drinks).

9.4.  If the customer is a business, they must carefully check the goods upon acceptance and report any defects within five business days in writing along with the transfer of an example of the reported goods or provide other proof (such as digital pictures). If such claims are not made, any claims arising from consequential damages due to defects will be excluded. At the request of Purora, customers must make it possible for Purora, or a well-known third party expert to inspect the goods and tolerate such inspection. If defects have been reported in a timely manner and inspected by an expert (to the extent that Purora requests such), Purora will correct the defects through improvement measures or replacement, recall the defective goods for a credit against the purchase price or reduce the price at their discretion. Customers do not have rights to make other claims. Compensation for consequential damages (due to defects) as well as other damages, in particular material damage, damage to assets and damage to third parties claimed against the customer will be excluded to the extent that a consumer business is not involved.

9.5.  The guarantee period for businesses corresponds to the shelf life period and starts as soon as the goods are offered to customers at the location of fulfillment. Businesses’ claims of damage presuppose that they have properly met the obligations for inspection and reporting defects granted them pursuant to §377 of the UGB.

9.6.  Customers will not be authorized to withhold payments because of claims arising from guarantees or other claims, regardless of their nature.

9.7.  Claims for compensation of damages, in particular due to delays or inability to provide services, infringement of contractual and legal ancillary and protective obligations, debts upon conclusion of the contract and extra-contractual liability are excluded to the extent that damages have not been caused by culpability or gross negligence.

9.8.  Purora excludes the liability for damage that will have been caused by slight negligence, to the extent legally allowed.

9.9.  The return of goods subject to complaint will require the express approval of Purora in advance and will be at the customer’s expense and risk. Customers must also bear the ancillary expenses arising from the return of goods (such as storage, stall fees for railroads or containers). If the goods are returned without prior approval, Purora will be authorized to reject acceptance of the returned goods and return them to the customer at their expense.

9.10.  Purora excludes any liability for damages that have been caused due to gross negligence with regard to businesses.

 

10. Information about Health and Nutrition

10.1.  Purora cannot guarantee compliance with specific guidelines for nutrition or diets. Purora does not take special dietary needs into consideration and will refer customers to their doctor. Despite the fact that Purora’s objective is to provide balanced meals in consideration of nutritional issues, their offers do not replace comprehensive, personalized consultation with qualified nutritional experts.

10.2.  The Purora juices, soups and tinctures are not appropriate for everyone and should be taken when significant impairment of the digestive system is present or during pregnancy and lactation. Even if customers are continuously taking medications for illnesses like diabetes, late stage cancer or is suffering from AIDS or has other medical considerations, they should contact their doctor.

The tinctures offered on the web site involve nutritional supplements. When taking nutritional supplements, responsible handling of the supplements is decisive in avoiding side effects. Above all, this applies to compliance with the recommend consumption and dosages. Furthermore, known intolerances regarding certain additives must be taken into consideration before consumption.

Nutritional supplements are intended to supplement normal nutrition with nutrients and other vital substances, which have specific nutritional or physiological effects. Nutritional supplements do not replace a varied, balanced diet and a healthy lifestyle. When taken according to the recommended daily dosage, nutritional supplements do not cause side effects in healthy adults. However, if side effects or damage to health is caused due to individual intolerances, Purora does not assume any liability. Nutritional supplements should always be stored away from small children.

10.3.  To the extent that the Purora web site provides general information about health, detoxification and nutrition, such information should not be equated with medical advice or recommendations and has not been designed for the special, personalized customer requirements.

 

11. Data Protection

Customers hereby declare their express permission for the storage and processing of order information as well as other data with automated support. The declaration of data protection contains more information about these details.

 

12. Applicable Law, Court of Jurisdiction & Concluding Provisions

12.1.  The contract is exclusively subject to Austrian law with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the Austrian conflict laws.

12.2.  Wels, Austria, is the exclusive court of jurisdiction.

12.3.  Wels, Austria, will be the location of fulfillment.

12.4.  Customers are not authorized to offset any claims against Purora against any of Purora’s claims for compensation. Customers do not have any rights of withholding.

12.5.  Customers are not authorized to cede their claims to the delivery of goods to third parties.

12.6.  The option of contesting a contract due to customer errors is hereby excluded.

12.7.  Documents or information provided to customers about Purora, their products, marketing partners or other customers, or such documents or information that customers might receive, may not be transferred or made accessible to third parties, except with the written approval of Purora. The same applies to documents like samples, suggested pricing, advertising materials, price lists, service agreements or contracts, which will be provided to customers or which might become known to customers. Purora retains all rights to such documents.

12.8.  If the provisions of the contract are, or become, invalid or unenforceable, the remainder of the contract shall not be affected thereby. The invalid or unenforceable provisions will be replaced by valid and enforceable provisions, which come closest to the intended economic purpose of the original provisions (escape clause).

12.9.  If a contract is concluded in German and another language, the contract in German will be authoritative for the contract and these conditions.

12.10.  Online resolution of disputes pursuant to Article 14, Paragraph 1 of the Online Dispute Act (hereafter ODR-VO) The European Commission provides a platform for the resolution of online disputes, which can be found at https://ec.europa.eu/consumers/odr/.

Optional resolution of disputes pursuant to Art. 14, Paragraph 1 of the ODR-VO and § 36 of the Consumer Dispute Resolution Act (hereafter VSBG):

The European Commission provides a platform for the resolution of online disputes, which can be found at https://ec.europa.eu/consumers/odr/. We are not obligated and not prepared to participate in a dispute resolution procedure before an independent consumer arbitration service.