General terms and conditions
§ 1 Scope of application
1.1 Between Eletaria Consulting GmbH (hereinafter referred to as the seller) and its customers, the following General Terms and Conditions of Business apply exclusively to all contracts concluded in the seller's online shop.
1.2 Deviating terms and conditions of the customer are contradicted and rejected. These will only be effective if they are expressly confirmed in writing by the seller.
1.3 The customer is both a consumer and an entrepreneur.
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his commercial or independent professional activity.
An entrepreneur, on the other hand, is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Contractual partner
Eletaria Consulting GmbH
Gonzagagasse 13
1010 Vienna
Austria/Austria
For questions, complaints and objections you can reach the seller at
info@zes-bodyguard.com
§ 3 Offer and conclusion of contract
3.1 The presentation of the products in the online shop does not constitute a legally binding
offer, but is an invitation to order. The presentation of the products serves to submit a legally binding offer by the customer.
3.2 The customer's offer can be submitted by e-mail in the seller's online shop. In the case of an order via the online shop, the customer submits the legally binding contract offer after entering his personal data and finally clicking on the "Buy" button with regard to the goods in the shopping cart or those listed on the order page. Before submitting the offer, the customer has the opportunity to correct all entries continuously using the usual keyboard and mouse functions. In addition, all entries and selected goods are finally displayed in a confirmation overview. This is also a final correction option using the usual keyboard and mouse functions.
3.3 If the customer submits an offer electronically (e-mail or via the online order form integrated in the seller's online shop), the seller will immediately confirm receipt of the order to the customer electronically (e-mail). The confirmation of receipt does not constitute a binding acceptance of the order placed by the Buyer.
3.4 In the case of e-mail orders, the purchase contract is concluded when the seller accepts the customer's offer by means of an electronically transmitted (e-mail) order confirmation or by delivering the goods within five days. However, the seller has the right to reject the customer's offer.
3.5 When ordering in the online shop of the seller, the order processing usually takes place automatically by e-mail. Therefore, the customer must ensure that the e-mail address provided when submitting the offer is correct so that the e-mails sent by the seller can be received.
3.6 If the Customer has created a customer account in the Seller's online shop, he/she has the possibility to retrieve his/her offer after sending it via this password-protected customer account. For this purpose, the order data is stored by the seller.
§ 4 Provided documents
The seller reserves all copyrights to all documents provided to the buyer in connection with the placing of the order, such as instructions, photos, drawings, etc. These documents may not be made available to third parties unless the seller gives the buyer his express written consent.
§ 5 Prices
5.1 The Seller's prices stated on the product pages are final prices.
5.2 If applicable, the shipping costs are also clearly indicated again on the product pages, in the shopping cart system and on the order page.
§ 6 Payment
6.1 For a delivery within Germany or Austria, the seller offers the following payment options:
- Paypal
- credit card
- Klarna (payment in instalments, purchase on account, immediate bank transfer)
- prepayment/bank transfer
- iDeal & Bancontact
- Apple Pay & Google Pay
6.2 For delivery abroad (outside Germany and Austria) the seller offers the following payment options:
- Paypal
- Credit Card
- Klarna (payment in instalments, purchase on account, immediate transfer) (payments via Klarna are limited to certain countries)
- Prepayment/transfer
- iDeal & Bancontact
- Apple Pay & Google Pay
§ 7 Delivery and shipping
7.1 The delivery time is up to 3 working days. Any delivery times that may differ are indicated by
the seller on the respective product page.
7.2 The delivery time is 5-12 working days for deliveries abroad. The seller will point out possible deviating delivery times on the respective product page.
7.3 The seller delivers exclusively to the delivery address indicated by the customer in the seller's purchase transaction.
7.4 If a delivery to a customer is not possible, the commissioned transport company will return the goods to the seller. In this case, the costs for the unsuccessful delivery are to be borne by the customer. The customer does not have to bear the costs if he was temporarily prevented from accepting the service offered or if the customer thereby exercises his right of revocation.
7.5 For consumers:
The risk of accidental loss and accidental deterioration of the sold goods is generally transferred to the customer or a person authorized to receive the goods upon delivery.
7.6 For entrepreneurs:
The risk of accidental loss and accidental deterioration of the goods sold by mail order is transferred to a suitable transport person upon delivery of the goods to the seller's place of business.
§ 8 Cancellation policy
Right of cancellation
You have the right to cancel this contract within 30 days without giving reasons.
The revocation period is 30 days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us
Eletaria Consulting GmbH
Gonzagagasse 13
1010 Vienna
Austria/Austria
Mail: info@zes-bodyguard.com
Tel: +43 1 417 00 16
by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your revocation of this agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to
Eletaria Consulting GmbH
Gonzagagasse 13
1010 Vienna
Austria/Austria
immediately and in any case no later than fourteen days from the day you notify us of the cancellation of this contract. The deadline is deemed to have been met if you send the goods before the end of the fourteen-day period. We shall bear the costs of returning the goods. "You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their condition, properties and functioning.
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§ 9 Warranty and liability for defects
The customer's claims due to defects in the purchased item are based on the statutory provisions within the statutory periods. Deviating from this applies:
9.1 For consumers:
For consumers, the limitation period for claims for defects in new goods is two years from receipt of the goods by the customer. For used goods, on the other hand, one year from receipt of the goods by the customer.
9.2 For entrepreneurs:
For entrepreneurs, an insignificant defect does not justify any warranty claims.
In the event of a defect, the seller shall choose the type of subsequent performance.
For new goods, the limitation period for defects is one year from the transfer of risk.
For used goods, rights and claims due to defects are generally excluded.
In the event of liability for defects through replacement delivery, the period of limitation does not start again.
9.3 The statutory limitation periods for the right of recourse remain unaffected for entrepreneurs. This also applies to both entrepreneurs and consumers in the event of an intentional breach of duty and fraudulent concealment of a defect.
9.4 For consumers and entrepreneurs, it also applies that the limitations of liability from §10.1 and §10.2 do not refer to claims for damages and reimbursement of expenses which the customer can assert due to defects according to the legal regulations. For such claims §11 exclusion of liability applies.
9.5 In the event that the customer is an entrepreneur within the meaning of §1 UGB, the customer must comply with the commercial duty to examine and notify defects in accordance with §377 HBG. In the event that the customer fails to comply with the duties of notification set out therein, the goods shall be deemed to be approved.
9.6 In the event of subsequent performance by means of a replacement delivery, the customer undertakes to return the goods complained about by him to the seller within 30 days at the seller's expense. The return of the defective goods is subject to the statutory provisions.
9.7 The assignment of the customer's warranty claims is excluded.
§ 10 Exclusion of liability
Liability claims of the customer are excluded. Excluded from this are:
10.1 The seller is liable without limitation for any legal reason in the event of injury to life, body or health in the event of intent, gross negligence, fraudulent intent or guarantee promises. Regulations of the Product Liability Act (PHG) remain unaffected.
10.2 In the case of damages resulting from a breach of duty by the seller, the seller shall also be liable for negligence. The same applies in the event of a breach of a material contractual obligation (so-called cardinal obligation). The obligation to compensate for material damage is limited to the foreseeable, typically occurring average damage.
10.3 In the event of a breach of insignificant contractual obligations by the seller, the seller's obligation to pay compensation is limited to the order value.
§ 11 Retention of title
The delivered goods of the seller remain the property of the seller until full payment is received.
§ 12 Data protection
Collection, processing and use of personal data:
The customer can visit the seller's site without providing any personal information.
The seller only stores access data without personal reference, such as the name of the customer's internet service provider, the page from which the customer visits the seller or the name of the requested file. These data are evaluated exclusively for the improvement of the seller's offer and do not allow any conclusions about the customer's person.
Personal data is only collected if the customer voluntarily provides the seller with this information as part of his or her order for goods or when opening a customer account or registering for the seller's newsletter. The seller uses the data provided by the customer without the separate consent of the customer exclusively for the fulfilment and processing of the order. With full implementation of the contract and full payment of the purchase price, the customer's data will be blocked for further use and deleted after expiry of the tax and company law regulations, unless the customer has expressly consented to the further use of his data. When registering for the newsletter, his e-mail address is used with his consent for our own advertising purposes until he unsubscribes from the newsletter.
The cancellation is possible at any time.
Use of cookies
On various pages, the seller uses cookies to make the visit of his website attractive and to enable the use of certain functions.
These are small text files that are stored on the customer's computer. Most of the cookies used by the seller are deleted from the customer's hard drive at the end of the browser session (so-called session cookies). Other cookies remain on the customer's computer and enable the seller to recognize the customer's computer on his next visit (so-called permanent cookies). These cookies are used to greet the customer with the user name and make it unnecessary for the customer to re-enter his password or fill out forms with his data for subsequent orders. The Seller's partner companies are not permitted to collect, process or use personal data via his website using cookies.
Passing on personal data
Customer data will be passed on to the mail-order company commissioned with the delivery, insofar as this is necessary to deliver the goods. To process payments, the seller passes on the payment data to the credit institution commissioned with the payment.
Right to information
According to the Federal Data Protection Act, the customer has a right to free information about his stored data and, if applicable, a right to correct, block or delete this data. The customer may contact info@zes-vision.com by e-mail or notify the seller of his request by mail.
Contact person for data protection
For questions regarding the collection, processing or use of personal data, for information, correction, blocking or deletion of data and revocation of consents granted, the customer can contact:
Email: info@zes-bodyguard.com
The customer can also find any contact information in the imprint of the seller.
§ 13 Anzuwendendes Recht
13.1 Erfüllungsort ist der unseres Unternehmens.
13.2 Die Vertragssprache ist Deutsch.
13.3 Die Beziehungen zwischen den Vertragsparteien richten sich ausschließlich nach dem in der Republik Österreich geltenden Recht. Die Anwendung des einheitlichen Gesetzes über den internationalen Kauf beweglicher Sachen sowie des Gesetzes über den Abschluss von internationalen Kaufverträgen über bewegliche Sachen ist ausgeschlossen. Bei Verbrauchern gilt diese Rechtswahl nur insoweit, als nicht der gewährte Schutz durch zwingende Bestimmungen des Rechts des Staates, in dem der Verbraucher seinen gewöhnlichen Aufenthalt hat, entzogen wird.
13.4 Ausschließlicher Gerichtsstand ist das sachlich zuständige Gericht der Landeshauptstadt Salzburg, Österreich. Für Klagen gegen Verbraucher gilt die jeweils gültige gesetzliche Regelung.
Auf diesen Vertrag ist materielles österreichisches Recht unter Ausschluss der Verweisungsnormen des internationalen Privatrechts (z.B. EVÜ, ROM I-VO) und des UN-Kaufrechtes anwendbar. Gegenüber einem Verbraucher gilt diese Rechtswahl nur insoweit, als dadurch keine zwingenden gesetzlichen Bestimmungen des Staates, in dem er seinen Wohnsitz oder gewöhnlichen Aufenthalt hat, eingeschränkt werden.
Wichtiger Hinweis!
Aus rechtlichen Gründen müssen wir Sie darauf aufmerksam machen, dass die patentierten ZES Bodyguard Produkte und die verwendeten Prinzipien und Methoden am ehesten dem Bereich der komplementären Medizin zuzurechnen sind. Die Wirkung ist schulmedizinisch nicht bestätigt. Die veröffentlichten Ergebnisse bzw. Aussagen sind empirisch erarbeitet, können aber unter keinen Umständen eine Heilung versprechen. Unsere Erfolge bei zahlreichen Beschwerden beruhen ausschließlich auf Kundenaussagen! Die Verwendung der ZES Bodyguard Produkte ersetzt keinesfalls die Behandlung eines Arztes bzw. eines Therapeuten. Durch das weitere Ansehen dieser Homepage bzw. der diversen Texte und Inhalte wird dieser Hinweis zustimmend zur Kenntnis genommen.