The terms and conditions were last updated on May 7, 2021

ONLINE SHOP
TERMS & CONDITIONS FOR CONSUMERS

General terms and conditions for purchases by consumers in our online shop.

§1 Scope and Provider

1.1 Different terms and conditions apply to consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be assigned to their commercial nor their independent professional activity. Entrepreneurs are natural or legal persons or a legal partnership who, when concluding a legal transaction, act in their commercial or independent professional activity.

1.2 Our general terms and conditions for entrepreneurs apply to all orders by entrepreneurs (hereinafter also referred to as clients) in our online shop. You can find the general terms and conditions for entrepreneurs here: https://ameyamed.com/en/terms-conditions-for-businesses/

1.3 Our following general terms and conditions for consumers apply to all orders placed by consumers (hereinafter also referred to as customers) in our online shop.

§2 Contract language

2.1 The language available for the conclusion of the contract is exclusively German.

2.2 Possible translations of the contractual terms and conditions or the general terms and conditions are only an illustration, but not a legally valid legal translation!

§3 Range of goods

3.1 The range of goods presented in our online shop is non-binding and merely represents a non-binding invitation to the customer to order goods in our online shop. We reserve the right to make technical and other changes within reason.

3.2 Articles can be selected from this range of goods, placed in a shopping cart and ordered via our online shop. However, you are still welcome to inquire and order in writing.

3.3 Nothing on this website represents a promise of salvation, health or medical advice, or a recommendation of any kind. If you need professional advice, we recommend that you consult your doctor or pharmacist.

§4 Contractual partner, conclusion of contract

4.1 The purchase contract is concluded with Ameya GmbH in Vienna, Austria.

Ameya Med is a brand of Ameya GmbH.
Ameya GmbH
Address: Gregor Mendel Straße 46 A-1190 Vienna
Tel .: +43 1 523 3000
Fax: +43 1 523 3000 33
Email:

Business hours:
Monday to Thursday 8:00 a.m. – 5:00 p.m.
Friday 8:00 a.m. – 3:00 p.m.

4.2 The process of an online order takes place in the following steps:

4.2.1 Selection of the desired goods

4.2.2 Confirm by clicking the “Order” button

4.2.3 Checking the information in the shopping cart

4.2.4 Clicking the “Checkout” button

4.2.5 Log in to the online shop after registering and entering your login details (email address and password) or choose to order as a guest. You can find more about registration and the terms of use for our website and online shops here: https://ameyamed.com/en/privacy-statement-eu/

4.2.6 Re-examination or correction of the respective entered data.

4.2.7 Binding dispatch of the order by clicking the button “Place order” or “PayPal” in case Pay Pal is selected as payment gateway. Before the binding submission of the order, the consumer can return to the website on which the customer’s information is recorded and correct or correct input errors by pressing the “Back” button contained in the Internet browser used by him after checking his details Cancel the order process by closing the internet browser. We immediately confirm receipt of the order by an automatically generated email (“confirmation”).

4.3 The customer only submits a binding offer to Ameya GmbH to conclude a purchase contract by clicking on the “Order for a fee” field.

4.4 Immediately after submitting the order, you will receive a confirmation of your order by email (order confirmation). This order confirmation does not represent an acceptance of the offer. A purchase contract is only concluded when the ordered goods are sent to the customer. Before the goods are dispatched, the customer receives a dispatch confirmation by email with the invoice attached.

4.5 These general terms and conditions can be printed out or saved by the customer. The customer can also save or print out the content of the order immediately after placing his order. If an account has been created in our online shop – you can view your order under “My user account> Orders” (this does not apply to guest orders).

4.6 These General Terms and Conditions, together with our privacy policy and our cookie policy, form the entire agreement between you and Ameya GmbH in relation to the use of this website.

4.7 The contractual provisions including the general terms and conditions are also sent to the customer with the order confirmation via email or made available as a link.

4.8 Ameya GmbH reserves the right to limit consumer orders to the normal household quantity. This relates both to the number of products ordered as part of an order and to the placing of several orders for the same product, in which the individual orders comprise a quantity that is normal for a household.

§5 Right of withdrawal for consumers

5.1 Your right of withdrawal

5.1.1 Consumers have a right of withdrawal in accordance with the provisions below. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

5.1.2 Cancellation instructions for sales contracts: The customer has the right to cancel this contract without giving reasons and within 14 days from the day on which he or a third party named by the customer received the goods.

5.1.3 To exercise your right of withdrawal, you must inform us (Ameya GmbH, Gregor Mendel Straße 46, A-1190 Vienna, Tel .: +43 1 523 3000, Fax: +43 1 523 3000 33, E-Mail: ) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can also use the following cancellation form for this purpose, but this is not mandatory.

5.1.4 To meet the cancellation deadline, it is sufficient for you to send your notification of your exercise of the right of cancellation before the cancellation period has expired.

5.2 Effects of withdrawal

5.2.1 Consequences of canceling a sales contract: If the customer cancels the contract with Ameya GmbH, the Ameya GmbH will refund all relevant payments transacted by the customer, including shipping costs (with the exception of the additional costs that result from the Customer has chosen a different shipping method than the cheapest standard delivery offered by Ameya GmbH) immediately and at the latest within 14 days from the day on which the notification of the cancellation of the contract was received by Ameya GmbH. The payment method used by the customer in the original transaction will be used for this repayment, unless expressly agreed otherwise with the customer. In no case will the customer be charged additional fees based on this repayment.

5.2.2 The direct costs for returning the goods are to be borne by the customer.

5.2.3 Ameya GmbH reserves the right to withhold or refuse the repayment, in particular until Ameya GmbH has received all affected goods back or until the customer has provided evidence that he has returned the goods properly and, if necessary, sealed, whichever is the earlier.

5.2.4 The customer must return the goods to Ameya GmbH immediately and in any case no later than 14 days from the day on which Ameya GmbH informed about the cancellation of this contract. The deadline is met if the customer sends the goods before the period of 14 days has expired.

5.2.5 Returning the goods to Ameya GmbH with a GLS return sticker on the goods is free of charge for the customer in the event of a cancellation. Use the returns portal or the link to the cancellation form or have GLS send you a return label for return. If the delivery is accompanied by a return sticker with a number code, this serves as proof for the shipping service provider that the return has been paid for by Ameya GmbH. If the customer decides to return the goods, the sticker should be clearly visible on the outside of the package containing the return.

5.2.6 The customer must pay for any loss in value of the goods in particular if the loss in value of the goods in question is due to handling that is not necessary in terms of the properties, quality, appearance, functionality or packaging of the goods.

5.3 Cancellation policy for digital content

5.3.1 You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is thirty days from the day the contract is concluded.

5.3.2 We reserve the right to withhold or refuse the repayment until we have received back the activation code you may have purchased or you have provided us with the activation code, whichever is earlier.

§6 Prices, shipping costs

6.1 Prices in the online shop, if not declared otherwise include the statutory sales tax.

6.2 In addition to the stated product prices, shipping costs, forwarding costs or customs costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers. The costs for shipping (excluding country-specific fees and charges) are displayed to the customer at the online shop cash desk before placing his order. For more information on our delivery and shipping costs please go to the checkout page and enter your delivery address to calculate your delivery quote.

6.3 If an order is sent in several partial deliveries, the shipping costs are only calculated once. All prices include the statutory sales tax.

6.4 The following tax rates apply: 0% tax rate for FFP2 protective masks (delivery, ig. Purchase) according to § 28 Paragraph 54 UStG from 23.1.2021 to 30.6.2021. 

6.5 Tax exemption (without loss of input tax deduction) for COVID 19 tests (delivery, ig. Acquisition, import, other services) according to § 28 Paragraph 53 Z 3 to 5 (Federal Law Gazette I No. 3/2021 of 7.1.2021) from 1.1.2021 , limited until December 31, 2022.

§7 Delivery conditions

7.1 The goods are delivered to the delivery address given by the customer. The place of performance is the delivery address given by the customer.

7.2 If Ameya GmbH learns during the processing of an order that the products ordered by the customer are not available or that delivery is delayed, the customer will be notified of this fact in writing by email.

7.3 Personal customer data will only be passed on if this serves the purpose of contract processing or billing or if the customer has given clear prior consent. As part of the order processing, the service providers used by Ameya GmbH (e.g. transport company, forwarding company, logistics, bank) receive the relevant data for order processing.

7.4 The data provided may be used by the contracted service providers and only to fulfill their tasks. Any other use of the information is not permitted.

7.5 Products ordered in the online shop are delivered by a transport company. Delivery can take place on any working day (Monday to Friday, unless it is a public holiday) during normal business hours. In principle, only one delivery attempt is made.

7.6 If the customer is not found at the delivery location at the agreed time, Ameya GmbH is entitled to store the goods in one of its own or partner warehouses of the deliverer, where they can be picked up by the customer at his own expense or from which a new one is liable to pay the costs Delivery attempt can be commissioned. The customer will be informed of this by a message sent to the delivery address.

7.7 For the purpose of flawless and quick processing, the customer is requested to open the goods immediately upon receipt and to check them for completeness and any damage. The customer is requested to address any complaints as quickly as possible to the contact address specified under § 2 of these terms and conditions. This paragraph (note) is a request to the customer and does not reduce the customer’s warranty rights.

7.8. Ameya GmbH reserves the right to deliver orders placed by the customer in parts to a reasonable extent (partial delivery).

7.9 If Ameya GmbH is not in a position to deliver the ordered goods through no fault of its own, for example because: the supplier does not fulfill its contractual obligations or external indispensable influences delay delivery on time or make it impossible, Ameya GmbH shall withdraw from the contract with the customer of the contract. In this case, the customer will be informed immediately that the ordered product is no longer available and any payments already made will be immediately reimbursed to Ameya GmbH. The legal claims of the customer remain unaffected.

7.10 Note: If the package is visibly badly damaged upon receipt, the carrier has suffered damage. In this case, please check the package immediately and inform Ameya GmbH and the deliverer before leaving that you cannot accept the package.

§8 Click & collect

8.1 You can only collect the goods yourself if you have given a written consent. You will be notified of a possible collection date by email.

8.2 Collection is possible immediately after receipt of the collection information for a period of 14 working days (from Monday to Friday, unless it is a public holiday), during our specified business hours. In this context, the customer is requested to check the goods directly on site and to report any complaints directly to the specified collection warehouse. Later complaints are not possible.

8.3 If the goods are not collected within the specified collection time, any payments that have already been made will be reimbursed to the customer.

§9 References and links

9.1 This website contains links or references to third party websites for informational purposes only. The responsibility for this third-party content lies solely with the provider who provides this content. Ameya GmbH does not identify itself with the content of external sites to which reference or links are made. Ameya GmbH may only be held liable for third-party sites that are linked on its website in accordance with Section 17 ECG. If illegal content is detected on a linked page, we ask you to notify us of this and we will delete the link after a thorough check.

9.2 The creation of links to our online shop or pages created by us on our website is only permitted with the express written consent of Ameya GmbH.

§10 Due date, terms of payment

10.1 The customer undertakes to pay the purchase price in full by prepayment or bank transfer, credit card, instant payment, EPS or PayPal when placing the order.

10.2 The services and deliveries provided by Ameya GmbH on the basis of these General Terms and Conditions do not entitle to input tax deduction within the meaning of the Austrian Value Added Tax Act (UStG).

10.3 In the case of “pickup” shipping, the customer only receives a delivery confirmation when paying in the branch.

10.4 The customer agrees that invoices will be sent to the customer as electronic invoices by email. We reserve the right, at our own discretion, to also send the invoice to the customer on paper.

10.5 Prepayment / bank transfer

10.5.1 In the case of classic prepayment bank transfer via your banking company, please note that transfers can take up to approx. 4 days. Your order will only be processed once payment has been received in full. The full invoice amount is to be transferred to our specified bank account within 10 days of receipt of the order confirmation, stating the order number as the purpose or payment reference.

10.5.2 Important! Please also ensure that you check every single digit (preferably several times) and give us the exact order number under reference to payment or intended use – otherwise we cannot assign your order – and this would further delay the processing of your order!

10.5.3 Our bank details and your order number will be given to you in the order confirmation sent by email. Please transfer the payment to the following bank account, stating the payment reference or the purpose of payment:

Recipient: Ameya GmbH
IBAN: AT482025600000915322
BIC: SPSPAT21
Bank: Sparkasse Niederösterreich Mitte West AG

10.6 Payment by credit card

10.6.1 When you place your order, you provide your credit card details. You can pay with us online with the following credit cards:

Mastercard
Diners Club
Visa
American Express

When paying by credit card: After completing the payment of your order with your credit card details and your legitimation as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged immediately. The online payments are processed by our payment partner “Stripe” in accordance with current security standards.

Note: “Verified by VISA” and “Master Card Secure Code” or “3D Secure” make payment by credit card particularly secure thanks to special authorization procedures. In order to successfully complete the order with Secure Code, please follow the instructions provided. Whether or not Secure Code is activated depends on your credit card company.

10.6.2 Information on Stripe: When paying by credit card, we use Stripe, an offer from American Stripe Inc. (hereinafter “Stripe”) to process payments (legal basis according to GDPR, if and to the extent applicable: Art. 6 Para. 1 lit. b u. f GDPR). Stripe is certified according to both the EU-American and the Swiss-American Privacy Shield and thus guarantees adequate data protection. In particular, Stripe has published the following information on the type, scope and purpose of data processing: https://stripe.com/privacy-center/legal

10.6.3 We do not store your detailed credit card information and are only not directly visible to us via encrypted gateways and sent to the respective provider. Any fees arising from payment by bank card (exchange rate-related bank fees, bank commission for payment operations that are not carried out in the country in which the bank card was issued, other bank commissions, etc.) are borne by the customer. These fees correspond to the possible fees charged exclusively by the customer’s banking institution based on the use of their bank card.

10.6.4 In the event of a rejection of the credit card charge, the customer undertakes to pay the price plus any costs incurred within 10 days of receipt of the service. These costs include B. the costs that arise due to the cancellation of the credit card charge.

10.7 Payment with PayPal

10.7.1 In the case of payment via PayPal with a credit card or linked account, the time of payment corresponds to the time of the order. Your account will be charged immediately after the payment is completed. When using the payment service provider “PayPal”, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at www.paypal.com.

This implies, inter alia. requires that the customer opens a PayPal account or already has such an account.

10.7.2 More about the terms of use of PayPal payment: https://www.paypal.com/at/webapps/mpp/ua/legalhub-full

10.7.3 In order to be able to pay the invoice amount, you do not have to be registered with PayPal . Depending on the selected payment method, you can also pay for your order on the PayPal website with restrictions as a guest via credit card or direct debit.

10.7.4 The payment transaction will be carried out by your credit card company upon PayPal’s request and your card will be charged immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder.

10.7.5 More about the terms of use for PayPal payment without a PayPal account: https://www.paypal.com/at/webapps/mpp/ua/privacywax-full

10.8 EPS Transaction

10.8.1 The online payment method eps transfer enables simple, secure and fast payment processing in our shop. You can select eps as the payment method in the “Checkout” order step. To complete your order, you will be redirected to your bank’s website, where you can enter your e-banking access data. You then approve your order with a TAN (transaction number) or TAC-sms (transaction code via sms).

10.9. Sofortüberweisung

10.9.1 When paying by Sofortüberweisung, you can trigger payment for the ordered goods via your online banking account while you are placing your order.

10.9.2 When you select the Sofortüberweisung payment method in the ordering process, you will be directed to the secure payment form of SOFORT GmbH based in Munich (Munich District Court, HRB 218675). SOFORT GmbH is part of the Klarna Group and takes over your payment process automatically without the Ameya GmbH being able to inspect it, which is comparable to an EC card payment with a PIN. As with an EC card payment, SOFORT GmbH checks the credit limit of your account in the case of an immediate transfer and, if there is sufficient funds in your account, makes a transfer to Ameya GmbH.

10.9.3 In around 30 percent of cases, the SOFORT GmbH system checks whether previous payments have been booked with Sofortüberweisung in order to rule out systematic fraud. In order to carry out an immediate transfer, SOFORT GmbH needs your name, bank code and account number, the PIN and a TAN of your online banking account. Only your name, bank code, account number, purpose, amount and date of the transfer are saved, not the credit limit or account balance of your account or past transactions. In the event of a successful transaction, Ameya GmbH only receives a real-time, automated confirmation from SOFORT GmbH that the transfer has been carried out.

10.10 Amazon Payments

10.10.1 When paying via Amazon Payments, a payment order is sent to the payment service provider Amazon Payments. The invoice amount will be debited from your Amazon Payments customer account and your account will be debited immediately after completing the order in our online shop. You’ll get more information during the ordering process.

10.10.2 You can find out more about the terms of use of AmazonPay here: https://pay.amazon.de/help/201751590

10.11 Apple Pay

10.11.1 When paying with Apple Pay, we use an offer from American Stripe Inc. (hereinafter referred to as “Stripe”) to process payments (legal basis according to GDPR, if and to the extent applicable: Art. 6 Para. 1 lit. ). Stripe is certified according to both the EU-American and the Swiss-American Privacy Shield and thus guarantees adequate data protection. In particular, Stripe has published the following information on the type, scope and purpose of data processing: https://stripe.com/privacy-center/legal

10.11.2 You can find out more about Apple Pay here: https://support.apple.com/en-us/HT201469

§ 11 Offsetting

11.1 The customer is only entitled to set-off if his counterclaims have been legally established or have been recognized by Ameya GmbH expressly and in writing and have not been disputed or denied by us or in a close synallagmatic relationship to our claim stand.

§ 12 Retention of title

12.1 The delivered goods remain the property of Ameya GmbH until they have been paid for in full.

12.2 In the case of “self-pickup” shipping, the goods remain the property of Ameya GmbH until the customer has paid for them in full when they are picked up at the branch and taken over. In the event that the customer has already paid for the goods online in advance, ownership of the goods passes to the customer when they are handed over to the store.

§ 13 Guarantee

13.1 In the event of a material defect in the purchased item, the statutory provisions apply. This means that the customer can primarily request subsequent performance, i.e., at his option, subsequent delivery or removal of defects. If there are other legal requirements, the customer is entitled to reduce the purchase price or to withdraw from the contract. For claims for damages due to a defect in the item, the provisions mentioned in §14 of the General Terms and Conditions also apply.

13.2 The warranty claims expire in accordance with the statutory provisions.

13.3 Material defects are not: use-related or other natural wear and tear; Condition of the goods or damage that occurs after the transfer of risk as a result of improper handling, storage or installation, non-compliance with installation or handling instructions, excessive stress or use or insufficient maintenance or care; Condition of the goods or damage that arises due to force majeure, external influences that are not assumed in the contract, or due to the use of the goods outside of the normal or normal use stipulated in the contract.

13.4 We only sell packaged and sealed new goods.

13.5 The warranty claim assumes that the buyer has reported the defects that have occurred in writing within a reasonable period and that the notification is received by Ameya GmbH. The buyer has to prove the existence of the defect within a reasonable period of time, in particular to make the documents and data available to Ameya GmbH. In the event of a defect that is subject to warranty, Ameya GmbH must, at its option, repair the defective goods or the defective part at the place of performance or have them sent to it for the purpose of repair or an appropriate price reduction.

§14 Compensation for damages & limitation of liability

14.1 Ameya GmbH is only liable for damages if there is intent or gross negligence.

14.2. In the case of slight negligence, Ameya GmbH is only liable in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely. For slight negligence, liability is limited to the foreseeable damage that Ameya GmbH would typically have to expect based on the circumstances known at the time the contract was concluded.

14.3 Any further liability for damages of any kind, regardless of the basis of the claim, including liability for negligence upon conclusion of the contract, is excluded.

14.4 The above exclusions and limitations of liability do not apply if guarantees have been given or if there is damage resulting from injury to life, limb or health or if there are claims under the Product Liability Act.

14.5 The above exclusions and limitations of liability also apply in favor of our employees, vicarious agents and other third parties that Ameya GmbH uses to fulfill the contract.

§15 Storage of data, data protection

15.1 Ameya GmbH collects and stores the customer’s data necessary for business transactions. When processing the customer’s personal data, Ameya GmbH complies with the statutory provisions. Details can be found in the data protection declaration of Ameya GmbH for the website and the online shop, which can be accessed at https://ameyamed.com/datenschutzerklaerung. We take your personal data and its protection very seriously and are committed to protecting your privacy. We will not use your e-mail address for unsolicited e-mails, nor will we pass on any personal data to third parties for further use.

§16 Accessibility

16.1 We endeavor to make the content we provide accessible to people with disabilities in accordance with WCAG 2.1 AA. If you have a disability / impairment and cannot access part of our website as a result of this, we ask you to send us a message with a description of the problem you have encountered. We are also available by phone or email. If the problem is easily identified and resolved using industry standard information technology tools and techniques, we will resolve it as best we can.

§17 Compliance with export regulations and local legal provisions

17.1 You undertake to check and comply with our Austrian export regulations as well as your local legal and safety regulations and regulations with regard to the purchase, resale, installation and use of our products and services. In the event of a violation, we reserve the right to withdraw from the purchase.

§18 Update of these general terms and conditions

18.1 We may update these terms and conditions from time to time. You agree to review these terms and conditions for changes or updates. The date given at the beginning of these Terms and Conditions is the last revision date. Changes to these terms and conditions will take effect as soon as such changes are published on this website.

§ 19 Provider identification, summonable address

19.1 The summonable address or the address of Ameya GmbH for complaints and other declarations of intent is:

Ameya GmbH
Address: Gregor Mendel Strasse 46, A-1190 Vienna
Managing director: Andreas Spitzer

Phone: +43 1 523 3000
Fax: +43 1 523 3000 33
E-Mail:

Place of jurisdiction: Vienna
VAT number: ATU 63103714
Commercial register number: 285467f
GISA number: 33180168

§20 Information on online dispute resolution

20.1 The EU Commission has created an internet platform for the online settlement of disputes (the so-called “OS platform”). The OS platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. You can reach the OS platform under the following link: http://ec.europa.eu/consumers/odr/.

20.2 We prefer to clarify concerns directly with you and therefore do not take part in dispute settlement procedures of a consumer arbitration board. We ask you to contact us directly if you have any questions or problems with goods or a delivery.

§ 21 Final provisions

21.1 For these terms and conditions and the entire legal relationship, the contracting parties agree, insofar as there are no compelling statutory provisions to the contrary, that only Austrian law is applicable to them. Provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) or the UN sales law as well as all provisions that refer to the UN sales law are expressly excluded.

21.2 Severability clause: Should individual provisions of our general terms and conditions be ineffective, impracticable or become ineffective or impracticable after the conclusion of the contract, the validity of the remaining general terms and conditions remains unaffected. The ineffective or unenforceable provision should be replaced by those effective and enforceable provisions whose effects come as close as possible to the economic objective that the contracting parties aimed at with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the general terms and conditions should prove to be incomplete.

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