General terms and conditions

§ 1 Scope of application

1.1 The following General Terms and Conditions shall apply exclusively between Eletaria Consulting GmbH (hereinafter referred to as the Seller) and its customers for all contracts concluded in the Seller's online store.

1.2 Any deviating terms and conditions of the Customer shall be rejected. These shall only become 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 either their commercial or independent professional activity.
An entrepreneur, on the other hand, is any natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its independent professional or commercial activity.

§ 2 Contractual partner

Eletaria Consulting GmbH
Gonzagagasse 13
1010 Vienna
Austria

If you have any questions, complaints or objections, please contact the seller at
[email protected]

§ 3 Offer and conclusion of contract

3.1 The presentation of the products in the online store does not constitute a legally binding
offer, but an invitation to place an 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 store. In the case of an order via the online store, 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 listed in the shopping cart or on the order page. Before submitting the offer, the customer has the opportunity to correct all entries at any time using the usual keyboard and mouse functions. In addition, all entries and selected goods are finally displayed in a confirmation overview. Here there is also a further final correction option using the usual keyboard and mouse functions.

3.3 If the customer submits the offer electronically (by e-mail or via the online order form integrated in the seller's online store), the seller shall immediately confirm receipt of the order to the customer electronically (by 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 seller's online store, the order is usually processed automatically by e-mail. The Customer must therefore 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 store, he has the option of retrieving his offer via this password-protected customer account after submitting it. The order data is stored by the seller for this purpose.

§ 4 Documents provided

The Seller reserves all copyrights to all documents provided to the Buyer in connection with the placement of the order, such as instructions, photos, drawings, etc.. These documents may not be made accessible to third parties unless the Seller gives the Buyer its 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 withdrawal

You have the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal period is 30 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must contact us at

Eletaria Consulting GmbH
Gonzagagasse 13
1010 Vienna
Austria/Austria

Mail: [email protected]
Tel: +43 1 417 00 16

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.


Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to

Eletaria Consulting GmbH
Gonzagagasse 13
1010 Vienna
Austria/Austria

immediately and in any case within fourteen days of the day on which you inform us of the revocation of this contract at the latest. The deadline is met if you send the goods before the period of fourteen days has expired. We will bear the costs of returning the goods. "You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
.

§ 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.

§ Section 12 Data protection

Collection, processing and use of personal data:
The customer can visit the seller's website without providing any personal data.
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. This data is evaluated exclusively to improve the seller's offer and does not allow any conclusions to be drawn about the customer's person.
Personal data is only collected if the customer voluntarily provides it to the seller when ordering goods or opening a customer account or registering for the seller's newsletter. The seller uses the data provided by the customer without the customer's separate consent exclusively for the fulfillment and processing of the order. Once the contract has been fully processed and the purchase price has been paid in full, 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, the customer's e-mail address will be used for our own advertising purposes with his consent until he unsubscribes from the newsletter.
It is possible to unsubscribe at any time.

Use of cookies
The seller uses cookies on various pages to make visiting its 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 disk 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 persistent cookies). These cookies are used to greet the customer with their user name and make it unnecessary for the customer to re-enter their password or fill in forms with their data for subsequent orders. The seller's partner companies are not permitted to collect, process or use personal data by means of cookies via the seller's website.

Passing on personal data
Customer data is passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order 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 necessary, a right to correct, block or delete this data. The customer can contact [email protected] by e-mail or inform the seller of his request by post.

Contact 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: [email protected]

The customer can also find all contact details in the seller's legal notice.

§13 Applicable Law

13.1 The contract language is German.

13.2 The relations between the contracting parties shall be governed exclusively by the law applicable in the Republic of Austria. The application of the uniform law on the international purchase of movable goods as well as the law on the conclusion of international purchase contracts for movable goods is excluded. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

13.3 The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the seller is the seller's registered office, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
The same applies if the customer does not have a general place of jurisdiction in Germany, Austria or the EU, or if the customer's place of residence or habitual abode is unknown at the time the action is filed. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.

Important note!
For legal reasons, we must draw your attention to the fact that the patented ZES Bodyguard products and the principles and methods used are most likely to belong to the field of complementary medicine. The effect is not confirmed by orthodox medicine. The published results or statements have been empirically worked out, but can under no circumstances promise a cure. Our success with numerous complaints is based exclusively on customer statements! The use of ZES Bodyguard products does not replace the treatment of a doctor or a therapist. By further viewing this homepage or the various texts and contents, this notice is taken note of and approved.