General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following General Terms and Conditions apply to contracts concluded between you and us as the provider (Anibalife GmbH) via the website https://anibalife.com. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby expressly rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes at any time.
After clicking the button “Checkout” or “Proceed to Order” (or similar wording) and entering your personal data as well as payment and shipping details, the order data will be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview either on the website of the provider of the instant payment system or after you are redirected back to our online shop.

Before submitting the order, you have the opportunity to review the details in the order overview once again, to change them (also via the “back” function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place order with costs”, “pay” / “pay now” or similar wording), you legally declare acceptance of the offer, thereby concluding the contract.

(4) Your inquiries regarding the preparation of an offer are non-binding. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) Order processing and transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automatically. You must therefore ensure that the email address you have provided is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22–24 Boulevard Royal, L-2449 Luxembourg; “PayPal”).
The individual payment methods via “PayPal” are displayed to you under a correspondingly labelled button on our website as well as during the online ordering process. For payment processing, “PayPal” may use additional payment services; if special payment conditions apply, you will be informed separately. Further information on “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via “Mollie”
If you select a payment method offered via “Mollie”, payment processing is carried out via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; “Mollie”).
The individual payment methods via “Mollie” are displayed to you under a correspondingly labelled button on our website as well as during the online ordering process. For payment processing, “Mollie” may use additional payment services; if special payment conditions apply, you will be informed separately. Further information on “Mollie” can be found at https://www.mollie.com/de.

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following additionally applies:

1. a) We retain ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or transfer of ownership by way of security before ownership of the goods subject to retention of title has passed is not permitted.
2. b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value arising from the resale; we accept the assignment. You remain authorised to collect the claims. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
3. c) If the goods subject to retention of title are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
4. d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following deviates from the above warranty provisions:

1. a) Only our own statements and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions or statements by the manufacturer.
2. b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If remedy of defects fails, you may, at your discretion, demand a reduction of the purchase price or withdraw from the contract. Remedy of defects shall be deemed to have failed after the second unsuccessful attempt, unless otherwise indicated by the nature of the goods, the defect or other circumstances. In the event of repair, we shall not bear increased costs arising from transporting the goods to a place other than the place of performance, unless such transport corresponds to the intended use of the goods.
3. c) The warranty period is one year from delivery of the goods. This shortening of the period does not apply:

• to damages attributable to us that are culpably caused by injury to life, body or health and in cases of other damages caused intentionally or by gross negligence;
• if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
• for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
• for statutory recourse claims that you have against us in connection with warranty rights.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence (principle of favorability).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time legal action is initiated. The right to bring an action before another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

II. Customer Information

1. Identity of the Seller

Anibalife GmbH
Johannesgasse 16/5
1010 Vienna
Austria
Phone: +43 1 9283458 10
Email: office@anibalife.com

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the Contract” of our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For offer inquiries outside the online shopping cart system, all contract data will be sent to you as part of a binding offer in text form, e.g. by email, which you can print or electronically save.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Conditions

5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you unless free shipping has been promised.

5.3. Any costs incurred for money transfers (transfer or exchange rate fees charged by financial institutions) shall be borne by you in cases where delivery is made to an EU Member State but payment is initiated outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. If you are a consumer, statutory provisions apply according to which the risk of accidental loss and accidental deterioration of the sold goods during shipment passes to you only upon delivery of the goods, regardless of whether shipment is insured or uninsured. This does not apply if you independently commission a carrier or another person designated to carry out the shipment who was not named by the entrepreneur.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Warranty Rights

Warranty rights are governed by the provision “Warranty” in our General Terms and Conditions (Part I).

These General Terms and Conditions and Customer Information were prepared by lawyers specialising in IT law from Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of warnings. Further information can be found at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.