General terms and conditions

 

§ 1 Scope of application

The following terms and conditions apply to all contracts concluded within the scope of the online shop.

§ 2 Contracting party

The purchase contract is concluded:

In the European Online Store

ISANO GmbH, Sennemahd 6, 6480 Götzis, Austria

Commercial court: Regional Court Feldkirch 
Registration number: FN396695A

In the Switzerland Online Store

iSANO AG,
Kanalstrasse 27,
9464 Rüthi, Schweiz

Registernummer: CH3203073920-9

§ 3 Conclusion of contract 

(1) The products in our online shop are non-binding. By selecting “complete order”, the customer makes a binding offer for concluding a purchase contract. After the order is completed, the customer shall receive an automated e-mail confirming the receipt of the purchase order, including all details (confirmation of receipt). The confirmation of receipt shall not be considered contractual acceptance. A contract shall be concluded only by a written or electronically transmitted confirmation of order or delivery of the goods.

(2) The customer shall assure that any information provided when placing the order or when registering in the online shop (e.g. name, address, e-mail address, bank details) is true. Any changes shall be communicated immediately.

§ 4 Storage of the text of the contract

The text of the contract consists of the contract details as well as of the general terms and conditions. The text of the contract shall be stored by us and shall be available to the customer through the individual login anytime.

§ 5 Prices, shipping costs 

(1) The prices referred to in our online shop include the statutory value added tax.

(2) Shipping shall be at the cost of the customer. Shipping costs shall be disclosed in the order overview before the customer places the order. 

(3) Payment shall be made according to the customer’s choice: in advance, by Paypal, Sofortüberweisung (wired bank transfer), credit card  .

(4 If the customer is in default payment, collection expenses of € 7.00 shall be charged for each payment reminder and warning, respectively.

(5) The customer shall be charged for any cost arising from a return debit note with a debit payment because, for instance, the customer’s account is not covered.

§ 6 Delivery 

(1) If, contrary to expectation, an article is out of stock we shall be entitled to withdraw from the contract. In this case we shall inform the customer that the ordered product is not available and refund any payment already made immediately.

(2) Any item shall be dispatched within 48 hours after the order was placed on workdays. Information on deviant delivery times shall be disclosed on the respective product page or in an e-mail notification.

(3) Except when otherwise stipulated, delivery shall be made ex stock to the delivery address as stated by the customer.

(4) Deliveries shall be made in all Countries which are available in the online shop .(Available country selection in the dropdown field for the address input)

(5) If goods are delivered with obvious transport damage, please report such faults immediately to the delivery company as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. They help us, however, to assert our own claims against the freight carrier or transport insurance. The delivery is made to the delivery address given by you. You are responsible for any costs caused by giving an incorrect delivery address. The delivery takes place by GLS, post office or DHL at usual times. In the case of non-acceptance of the goods or non-collection of the goods within the period of notice notified to you, we are entitled to demand the replacement of the resulting additional costs. 

§ 7 Right of revocation for consumers

A consumer is every natural person who concludes a legal transaction with a purpose which cannot be contributed to their commercial or self-employed professional activities.

Cancellation policy, right of revocation

You shall be able to revoke your contract declaration, indicating the reasons, in written form (e.g. letter, fax, e-mail) within 14 days or – if the good is at your disposal before the end of this period – by returning the good. Grounds for exclusion or termination: The right of revocation shall not apply to contracts regarding - the delivery of goods which are not pre-fabricated and for the production of which an individual selection or determination on the part of the consumer are significant or products which are clearly tailored to the consumer’s individual needs; - the delivery of goods which are quickly perishable or the expiry date of which can be exceeded quickly. The period starts after the consumer receives this instruction in written form but not before the goods reach the consumer (in case of recurring delivery of similar goods not before the first part-delivery) and not before our obligation to inform is fulfilled. Sending the revocation or returning the good in time shall deemed sufficient to comply with the revocation period.

The revocation shall be sent to:

ISANO GmbH, Sennemahd 6, 6480 Götzis, Austria


Revocation consequences

If a revocation is effective, the mutually received benefit shall be returned and, if necessary, uses made (e.g. interests) shall be surrendered. If you cannot return or surrender the received benefit (e.g. benefit of use) partially or completely or if you can return or surrender the received benefit in a deteriorated condition only, you shall be obliged to render compensation for value to us.

Compensation for a deteriorated condition of a good and for uses made shall be rendered only if the use or the deterioration is due to handling the good in a way which exceeds the assessment of characteristics or function. “Assessment of characteristics or function” refers to testing and trying the respective good as it is possible and common in a retail shop, for instance.

You shall bear the regular cost of return delivery if the delivered good is as ordered and if the price of the goods to be returned does not exceed the amount of EUR/CHF 40.00 or if, in case of a higher price, you have not provided the corresponding service in return or made the partial payment agreed by contract. In any other cases, the return delivery shall be free of charge for you.

Our obligation to refund payments made shall be fulfilled within 30 days. The period starts with the sending of the revocation or with the receipt of the good.

Exclusion of the right of revocation

The right of revocation shall not apply to contracts on the delivery of goods which were produced based on customer specification of which are clearly tailored to a customer’s individual needs or which are not suited for return delivery due to their nature or which are quickly perishable or the expiry date of which can be exceeded quickly. §18 of the Distance Selling Act says: Goods which are delivered under seal or are not suitable for return delivery for reasons of health protection or for hygiene reasons if the seal was removed after delivery. No right of revocation shall thus exist for opened packages. 

Note that iSANO sells pure natural products, therefore fluctuations in weight, taste and color may occur, which also does not constitute a right of withdrawal.

§ 8 Reservation of proprietary rights 

Any good shall remain our property until full payment is made.

§ 9 Liability

(1) According to law, we shall be liable for damages to life, body and health caused by negligent or intentional violation of duty by us as well by our legal representatives or auxiliary persons as well as for damages included in liability based on the Product Liability Law. Our liability shall be limited to the predictable, typically occurring damage unless we, our legal representatives or our auxiliary persons act intentionally.

(2) To the extent our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, employees, representatives and auxiliary persons.

§ 10 Data privacy

Isano GmbH observes data protection laws and takes the protection of your personal data, also in your interest, seriously. We therefore collect personal data only to the extent which is technically required, as for instance for contract processing. The data collected shall never be used outside our company or sold or passed on to third parties, unless it is required for contract implementation.

Our company collects log file information transmitted by your server by default and saves it on our server. This information includes:

  • Browser type and version,
  • operating system used,
  • referrer URL (the site visited before),
  • host name of the accessing computer (IP address),
  • time of the server request. 

The employees of our company cannot assign this data to individual persons. We do not merge this data with other data sources. Moreover, we delete the data immediately after an assessment for statistical purposes is made. 

As customer, you agree to the receipt of newsletters related to our products and our company as well as of information allowing for confirmation that you own the stated e-mail address or that the respective owner agrees to receiving the newsletter. We do not collect further data in this regard. You can revoke your consent for the saving of the data, the e-mail address as well as for its use to send the newsletter anytime without giving reasons.

We collect personal data only if you give them voluntarily within the framework of an order, when opening a customer account or when registering for a newsletter.  We use your personal data without your explicit consent for completing and processing your order. As soon as the contract is fulfilled and the goods are paid completely, your data will be blocked from further use and deleted after expiration of tax-related terms and terms based on commercial law unless you explicitly agreed to further use of your data.

You agree to the saving of your data (name, address, e-mail address, telephone number, fax number) and, with additional consent, your bank details (name of the bank, BIC, account number) in our customer data base. As a result, you will be able to log in with username and password for future orders without having to give your details again. You can revoke your consent anytime with future effect.

We will pass on your data to the shipping company if this is necessary for the delivery of goods. We will also pass on your payment details to the financial institutions commissioned with the payment transaction.

Your concerns worthy of protection shall be taken into consideration according to the provisions of law.

Our website uses cookies on several pages. The aim is to make our internet offer more user friendly, more effective and more secure. Cookies are small text files which are filed on your computer and saved by your browser. Most of the cookies we use are so-called session cookies which means they are automatically deleted after you left our website.

You are entitled at any time to get free information about the saving of your personal data, its origin and recipients, the authorization, blocking or deletion of the data as well as about the revocation of consent and the purpose of data processing. 

§ 11 Final provisions

(1) The contract is subject to the law of the Republic of Austria in the case of purchase in the EU Shop under the exclusion of the UN purchase law. In the case of consumers, this legal position applies only in so far as the granted protection of the compulsory country of destination does not remove the rights of the State in which the consumer is habitually resident

(2) The contract is subject to the law of Switzerland in the case of purchase in the CH shop, with the exclusion of the collision standards. The court at the seat of iSANO is responsible for all disputes arising from this contractual relationship.

(3) This contract includes all agreements on the subject between the parties. Oral collateral agreements do not exist.

(4) Should individual clauses of this contract be ineffective or non-executable, the effectivity of the remaining provisions shall remain unaffected.