Conditions of Use

General terms and conditions

1. Scope
For all orders by end consumers and entrepreneurs via our online-shop the following terms and conditions shall apply:

An end consumer is a natural person who enters into a legal transaction for a purpose that does not involve acting within the framework of a commercial or other independent professional activity. Every natural or legal person or judicable partnership, who concludes a legal transaction in the course of their commercial or independent occupational activity, is considered an entrepreneur.
For entrepreneurs the general terms and conditions are also valid for future business activities, without having to be reiterated by us. Deviating, contradicting and/or supplementary General Terms and Conditions of the company shall not become part of the contract, even if they are known, unless their validity has been expressly agreed in writing.
 

2. Contract partner, contract conclusion
The contract with STYX Naturcosmetic GmbH comes into force.
The presentation of products in our online shop is not a legally binding offer but a non-binding online catalogue. You can add our products non-bindingly to the shopping cart and you can amend your shopping cart with the help of our correction tools, before sending over your binding order. By clicking the order-button you send us a binding order of the products contained in your shopping cart. The confirmation of your order will be send via email immediately upon receipt of the order.
The time when the contract with us comes into force depends on the chosen payment term:

Invoicing
We accept your order by sending over our declaration of acceptance in a separate email or by delivering the products within two days.

3. Contract language, Saving of the contract wording
The available language for a contract conclusion is German. We save the wording of the contract and will send you the order data as well as our general terms and conditions via email. The contract wording can be found in our customer-login.

4. Delivery conditions
On top of the mentioned product prices it might be the case that we charge dispatch costs. More info regarding dispatch costs you will find under „offers“.
 We only deliver via dispatch routes. A self-pickup of the goods is unfortunately not possible.

5. Payment

We offer the following payment options in our shop:

On account
You have to settle the invoice amount after receipt of the goods via transfer to our bank account. The supplied commodity remains our property up to the complete fulfilment of all demands. We reserve our right to offer the payment method „on account“ only in case of a successful credit assessment.

6. Retention of title
We reserve the right to the property rights of the goods supplied by us until final settlement of the purchase price.
Additional remark for entrepreneurs: The supplied commodity remains our property up to the complete fulfilment of all obligations under the current business relation. The goods which are subject to the reservation of ownership may be re-sold in the normal course of business. All outstanding claims arising from the sale of these products (also in case of combination with other goods) will be transferred in advance to our account until the outstanding invoice amount is settled. You remain entitled to collect receivables, but we reserve the right to collect the receivables ourselves in case you do not fulfil your payment obligations.

7. Transport damages
For end consumers the following shall apply:
If goods with obvious defects are delivered, you should report such defect immediately to the shipper and get into contact with us as soon as possible. The failure to complain to the deliverer or to contact us does not have any effect on your statutory warranty rights. However, you help us to be able to assert our own claims towards the forwarder, in fact transport insurance.
 

For entrepreneurs the following shall apply:
The risk of accidental loss or accidental impairment shall be transferred to the entrepreneur upon delivery and, in the case of sale 
to destination according to buyer's instructions, as soon as the consignment has been handed over to the person performing the transportation or has left our warehouse for the purposes of shipment.
Among entrepreneurs the provisions of Section 377 of the HGB (Austrian commercial code) regarding the obligation of examination and notification of defects shall be applicable. If you fail to make this notification, the goods are considered approved unless this concerns a defect that was not detectable during the inspection. This does not apply if the Seller is guilty of malicious silence with regard to a defect.
 
8. Warranty and guarantee
If not expressly otherwise agreed, statutory warranty rights are applicable.
For the purchase of used goods for end consumers the following shall apply:
The contracting party's claims based on faults of the purchased goods will prescribe within one year from the dispatch of the purchased goods. For defects that occur within one year from the dispatch of the purchased goods warranty claims can be made within the two years of legal limitation period. For entrepreneurs the limitation period for new produced goods shall be one year after transfer of risk. The sale of used articles shall exclude claims for defects.  The legal period of limitation for requirement for the right of recourse according to § 445a BGB (Austrian civil code) remain unaffected.
Towards entrepreneurs only product descriptions of the producer serve as an agreement about the quality structure of the products which are the object of the contract. We waive responsibility for public comments of the producer or for other advertising comments.
If goods supplied are defective, we may choose whether to rectify the defect or to supply a perfect item (remedy).
This limitation does not apply in case of defects which were caused by us, by our legal representative or subcontractor.

an injury to life, body or health 
in the case of intentional or grossly negligent breach of duty or fraudulent intent
if provisions of the contract, which have a particular importance for achieving the purpose of the contract and can therefore be considered to be fulfilled, are violated (cardinal obligations)
within the scope of a guarantee commitment, as far as agreed
as far as our liability is mandatory, based on the provisions of product liability law
Information regarding relevant additional guarantees and their detailed requirements you will find under the product and on dedicated info areas in our online shop.

9. Liability
Regarding claims for damages, which are caused by us, by our legal representative or subcontractors, we are fully liable.
an injury to life, body or health 
in the case of intentional or grossly negligent breach of duty or fraudulent intent
within the scope of a guarantee commitment, as far as agreed or as far as the scope of the product liability law is applicable
if provisions of the contract, which have a particular importance for achieving the purpose of the contract and can therefore be considered to be fulfilled, are violated (cardinal obligations)
in case of light negligence by us, our legal representative or subcontractors the liability is limited according to height limits of the foreseeable damage at contract conclusion.
All further claims by the user for damages are excluded. 

10. Settlement of disputes
The European Commission provides a platform for the online-settlement of disputes, which can be found under https://ec.europa.eu/consumers/odr/. We are not obliged and not prepared to participate in a dispute settlement in front of a consumer arbitration board


11. Final provisions
Provided that you are a merchant in the sense of the commercial code, a legal entity or a special public fund, the place of jurisdiction for all disputes arising out of the concluded contracts will be our business premises.