Terms of service

Optimize Health Solutions GmbH: 

General Terms and Conditions

1. Scope

The following terms and conditions apply to all orders via our online shop at www.go-optimize.com by consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly

neither attributable to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction. These terms and conditions also apply to entrepreneurs for future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

 

2. Contract Partner, Conclusion of Contract

The purchase contract is concluded with

OPTIMIZE Health Solutions GmbH

Argenotstraße 20

8047 Graz

FN 498536t

VAT ID: ATU 73654707

Management: Ingrid Weiss

hereinafter also briefly referred to as "OPTIMIZE"

Orders in the online shop can only be placed via the interface set up at http://shop.go-optimize.com and only in German. Before placing an order, the customer must provide their name, address, telephone number, and their e-mail address at the designated place in the online shop, from which they can receive, read, save, and print emails from OPTIMIZE. Orders can only be placed by persons aged 18 or older.

By placing an order in the online shop, the customer makes a contractual offer. OPTIMIZE will confirm receipt of the order by e-mail; however, this confirmation is not yet acceptance of the contractual offer. The contract is only concluded upon dispatch of the ordered goods.

The order will only be stored by OPTIMIZE if the customer logs into the website and provides their data. In this case, we store the contract text and send you the order data by e-mail. You can view the terms and conditions at any time here. Past orders can be viewed in your customer account. The customer is obliged to notify changes to their residential or business address as long as the contractual legal transaction has not been fully fulfilled by both parties. If notification is omitted, declarations are deemed to have been received even if sent to the last known address.

You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process.

 

3. Delivery Conditions

Delivery of the goods is made by parcel via the Austrian Post to the specified delivery address within Austria and Germany. Delivery takes 2-3 working days within Austria and 3-5 working days within Germany, excluding holidays and company vacation periods.
You will be informed of any delivery restrictions no later than at the beginning of the ordering process.

In addition to the stated product prices, shipping costs apply. Shipping costs to Austria are €5.90. From a purchase value of €99, you order free of shipping costs within Austria. Shipping costs to Germany are €8.90. From a purchase value of €199, you order free of shipping costs within Germany.
The prices valid at the time of the customer's offer apply. All prices are in euros including Austrian statutory VAT.

 

4. Payment

The following payment methods are available in our shop:

A) Credit Card (Visa, Maestro, Mastercard, American Express, UnionPay)

Your credit card will be charged upon completion of the order.

B) Paypal

You pay the invoice amount via the online provider Paypal. You must generally be registered there or register first, authenticate yourself with your access data, and confirm the payment instruction to us. Further information is provided during the ordering process.

C) Apple Pay

To pay via Apple Pay, you must use the "Safari" browser, be registered with the service provider Apple, have activated the Apple Pay function, authenticate yourself with your access data, and confirm the payment instruction. The payment processing takes place immediately after placing the order.

D) Google Pay

To pay via Apple Pay, you must use the "Safari" browser, be registered with the service provider Apple, have activated the Apple Pay function, authenticate yourself with your access data, and confirm the payment instruction. The payment processing takes place immediately after placing the order.

E) Klarna (Invoice / Immediate Transfer / Installment Purchase)

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer payment via Klarna. Payment processing is carried out via Klarna according to their respective conditions. Further information is provided directly in the ordering process.

F) EPS Transfer (Only for customers in Austria)

The EPS transfer procedure is the joint online banking system of Austrian banks. After placing the order, you will be redirected to your bank's website to authorize the payment.

G) Bancontact (Only for customers in Belgium)

For customers in Belgium, we offer payment via Bancontact. Your account will be charged immediately after completing the order.

H) Debit Cards including 3D-Secure

 

5. Right of Withdrawal

Consumers have the statutory right of withdrawal as described in the withdrawal instructions. Entrepreneurs are not granted a voluntary right of withdrawal. 

 

6. Retention of Title

The goods remain the property of OPTIMIZE until full payment. Exercising the retention of title only constitutes withdrawal from the contract if expressly declared. In the case of goods returns, we are entitled to charge incurred transport and handling costs. In the event of third-party access to the reserved goods – especially by seizures – the customer undertakes to point out our ownership and notify us immediately. If the customer is a consumer or not an entrepreneur whose ordinary business includes trading with the goods purchased from us, they may not dispose of the reserved goods until full payment of the outstanding purchase price, in particular not sell, pledge, gift, or lend them. The customer bears the full risk for the reserved goods, especially the risk of loss, damage, or deterioration.

For entrepreneurs, the following applies additionally: We reserve ownership of the goods until full settlement of all claims from an ongoing business relationship.

You may resell the reserved goods in the ordinary course of business; all claims arising from this resale are assigned to us in the amount of the invoice amount in advance – regardless of any connection or mixing of the reserved goods with a new item – and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you do not meet your payment obligations.

 

7. Transport Damage

For consumers: If goods are delivered with obvious transport damage, please complain about such defects immediately to the carrier and contact us without delay. Failure to complain or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. Among merchants, the examination and notification obligations regulated in § 377 UGB apply. If you fail to give the notification regulated there, the goods are deemed approved unless it is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.

 

8. Warranty and Guarantees

When shipping the goods, the risk of loss or damage to the goods only passes to the consumer once the goods have been delivered to the consumer or a third party designated by them, different from the carrier. However, if the consumer has concluded the transport contract themselves without using a selection option proposed by us, the risk passes upon handing over the goods to the carrier.

OPTIMIZE provides warranty according to legal provisions for the absence of defects at the time of delivery of the goods. The statutory periods apply for asserting warranty claims. In the case of justified complaints about defects, either free replacement or improvement will be made, for which a reasonable period must be granted.

If replacement or improvement is not possible (not feasible, too costly, unreasonable, delay), the buyer is entitled to a price reduction or, if the defect is not minor, to rescind the contract (rescission). Defects should be reported as soon as possible upon delivery or after becoming visible. If the purchase is a business transaction (B2B), the buyer must examine the goods no later than two weeks after receipt and notify us immediately upon discovering a defect.

OPTIMIZE is only liable for damages in cases of intent and gross negligence. This does not apply to personal injury or consumer transactions. The presence of slight or gross negligence must be proven by the injured party if it is not a consumer transaction. Compensation for consequential damages (defect-related), as well as other property damage, financial losses, and damages to third parties against the customer, is excluded unless it is a consumer transaction.

Our company as the operator of the webshop named in the imprint provides

the services with the greatest care but is not liable for services provided or obtained from third parties. The guarantee must be claimed from the guarantor (manufacturer/sometimes also the seller if they are the manufacturer) and is subject to their conditions. The statutory warranty is not limited by the use of the guarantee.

 

9. Liability

Claims for damages against OPTIMIZE in connection with the use of this website and in connection with legal transactions with OPTIMIZE are excluded unless it concerns personal injury or OPTIMIZE or a person for whom OPTIMIZE is responsible has caused the damage intentionally or by gross negligence. All information has been carefully prepared; however, errors or typos cannot be completely excluded.

 

10. Final Provisions

For contracts with companies, the court with jurisdiction over the registered office of OPTIMIZE in Graz is exclusively agreed as the place of jurisdiction. For contracts with consumers from an EU member state, the consumer has the choice between their residential court and the court at the company's registered office. The contracting parties agree, insofar as no mandatory legal provisions oppose this, on the applicability of Austrian law. The UN Sales Convention and all provisions relating to it are expressly excluded. For consumers within the EU, their national mandatory consumer protection provisions apply unless the respective Austrian provisions are more favorable to the consumer.

The place of performance for all obligations arising from the contract is agreed to be Graz.

The invalidity of a single provision of this contract does not affect the validity of the entire contract. The remaining contractual content remains unchanged.

Images may differ from the original due to technical problems or changes by suppliers. This website provides information about products and services of OPTIMIZE.

Alternative dispute resolution according to Art. 14 para. 1 ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. The linked website is not operated by OPTIMIZE Health Solutions GmbH,Argenotstraße 20, 8047 Graz . Our email address is:office@go-optimize.com.

 

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