Terms of Service
Your contractual partner is:
Capsumed Pharm GmbH
Fischinger Straße 16
Tel.: +43 (0) 6217/20110
Fax: +43 (0) 6217/20110 -99
Our general terms and conditions apply exclusively; conflicts with or deviations from our terms and conditions by the contractual partner are not accepted, unless we have agreed to them in writing. Our terms and conditions shall apply even if we unreservedly supply or take deliveries or contracts with the knowledge that the contractor is contradicting and deviating from our terms and conditions. All agreements made between us and the contracting party for the purpose of contract execution shall not be legally effective unless they are in writing. Verbal agreements or information are not valid without written confirmation. Our terms and conditions apply only to companies within the meaning of Section 1 of the Consumer Protection Act. Our terms and conditions apply also to future business, also especially if they are made subsequently by telephone, in writing or by fax.
We are entitled to offset any customer payments to other liabilities, even if the customer states a specific payment purpose. If payment is delayed a lump-sum fee of € 11.00 is charged. It is agreed that any reminders, collection and/or transfer costs are to be borne by the invoice recipient. In the event of a delayed payment, we are entitled to demand interest of a minimum of 4% over the respective secondary market yield of Austrian bonds.
The commodity remains our property up to the complete payment of the purchase price and all related costs and expenses. In the event of delay ot only partial payment, we are entitled to collect the goods without the agreement of the consumer. The assertion of the retention only includes a withdrawal from the contract,if this is expressly declared. A resale of the goods is permitted only with notice of the reservation of ownership and assignment of the resale price.
Compliance with the agreed delivery time requires the clarification of all execution details. We naturally make every effort to comply punctually with the agreed delivery time. If we do not respect the agreed delivery, the purchaser is obliged to inform us in writing and set a subsequent delivery period of four weeks. If the delivery is made within the notice period, the contract is considered fulfilled on time. The buyer in any case only has the right of withdrawal from the contract if the order has not been delivered after expiry of the agreed time of delivery despite a written request for prompt delivery which has expired after the notice period of four weeks. If the delay on our part is based on intent or gross negligence, claims for damages for non-performance are due to the customer, however, our liability for damages is limited to foreseeable damage. We are entitled to premature delivery deviating from the agreed date of delivery. In this case the contracting authority is obliged to accept the goods before the agreed delivery date. Unless otherwise agreed in writing, the customer is also obliged to accept partial deliveries as fulfilment. In default of acceptance by the customer, or for breach of other duties to cooperate through this, we are entitled, to require the damage including possible additional expenses by the contracting authority. The delivery shall be agreed as from the factory. As far as desired by the customer, we will insure the delivery for transport at the expense of the customer.
The assertion of warranty claims of the customer assumes that he has properly conducted the investigations and complaint obligations according to sections 377 and 378 of the Commercial Code. Obvious defects or shortages must be notified of in writing within three days after receiving the goods, otherwise the entire delivery so far is deemed to be approved. If a defect which is not recognisable in the initial investigation appears later, the customer must inform us of this immediately. The complaint must in any case be specified in detail and in writing.
6.1 - The client must inform us immediately of any known damage to goods delivered by us, especially when he is asked by a third party under the title of product liability to compensate for any damage or his supplier informs him of a product defect or he otherwise becomes aware of a defect in our goods or damages them. Costs incurred by us due to a non-immediate notification (e.g. claims) must be reimbursed by the customer.
6.2 - Clients are obliged to check invoices for goods and/or commission statements of transactions with customers with Capsumed Pharm GmbH without delay and to present defects in the invoice/statement within a period of 14 days of receipt of the invoice/billing in writing to Capsumed Pharm.
7.1. All offers are non-binding and without obligation. The order signed by the purchaser is a binding offer. We are entitled to accept this offer, which the purchaser remains bound to until then, within eight days of sending a confirmation of order or by sending the ordered goods to the buyer. The acceptance of orders is subject to availability.
7.2. Subject to Change - We reserve the right to changes in presentation, copywriting and composition of our products.
7.3. Return of goods - we are not obliged to accept the return of already delivered goods. If in individual cases returned goods are accepted, a fee of 10% of the invoice sum as a handling charge remains the obligation of the customer.
8.1. Warranty/liability - for contract manufacturing according to specifications by the contracting authority Capsumed Pharm assumes no warranty with regard to the chemical or physical reactions of the product and the durability of the finished product. Similarly, we exclude - insofar as is legally permitted - all claims for damages. Guaranteed chemical stability of the product to be developed will be accepted only after completion of a six-week stress test, which is only performed on request. Only the customer is responsible for the correctness of the raw ingredients supplied.
8.2. Product development/labelling - New formulations are test capsuled by Capsumed Pharm. The resulting product development costs are borne by the customer, unless a written agreement to the contrary is available. If we are responsible for making the product labels within the scope of subcontracting, an appropriate number of samples are taken first, to determine or compare the exact composition of the product. If the labels are added by the client, we accept no liability for the conformity of the information on the labels with the actual content of the finished product.
8.3. Product calculation - Our product calculation is based on the predetermined quantity information. Deviations from the actual net weight are possible because of the different specific weights and densities of ingredients, and fluctuations of +/-7% remain unconsidered in our pricing. Greater deviations are calculated accordingly. In the event of delivery of raw ingredients by the customer a production-related loss of at least 5% is to be expected.
8.4. Marketability - we assume no liability or warranty for the marketability with regard to composition, dosage, label text, etc.
8.5. Intellectual property rights - for production according to the customer's requirements the customer shall hold all patent, utility model or any other intellectual property rights. The customer is obliged to provide us with third party indemnity against all claims.
For all obligations arising from the contractual relationship, A-5163 Mattsee, Fischingerstr.16 is agreed as place of performance. The competent court of Salzburg City is agreed as place of jurisdiction for all legal disputes arising out of or in connection with this agreement and all subsequent agreements, to the exclusion of any other jurisdiction. Austrian law applies exclusively. Should any the above provisions be legally invalid, the remaining provisions shall remain unaffected. These terms and conditions are available online at www.capsumed.com. Additional copies can be requested directly from Capsumed Pharm trade and logistics, A-5163 Mattsee, Fischinger Str. 16.
You may cancel your contract in writing (e.g. letter, fax, email) within 14 days without obligation to provide a reason for the termination or - if the item is delivered to you before the deadline - by returning the goods. The period begins upon receipt of this notification in writing, but not before receipt of the goods by the customer (not before receipt of the first partial delivery in the case of recurring deliveries of similar goods) and also not before we have fulfilled our obligation to inform in accordance with Article 312(c)(2) in connection with Section 1(1), (2) and (4) of the Introductory Act to the German Civil Code (EGBGB) and in accordance with Section 312(e)(1)(1) of the German Civil Code (BGB) in conjunction with Section (3) of the same. Sending the cancellation punctually is sufficient for compliance with the cancellation period conditions.
The cancellation must be sent to:
Capsumed Pharm GmbH Handel und Logistik
Fischinger Straße 16
5163 Mattsee, Austria
In the case of an effective cancellation, mutually received goods and services must be returned and any benefits (e.g. interest) surrendered. If you cannot return the services received in full or in part, or only return them a worse state, you must pay us compensation for the value. This does not apply to the return of items if the deterioration in their condition is solely due to examining them as it would have been possible to do in a retail outlet. In addition, customers can avoid the compensation obligation for the damage resulting from the conventional use of the goods by not using the goods as their own property and refraining from activities that would reduce their value. Transportable items are to be returned at our risk. The customer will bear the cost of the return if the delivered goods are as ordered and when the cost of the return does not exceed an amount of 40 euros, or any higher cost if, at the time of the cancellation, the customer has not yet performed their obligations or made a part payment of the goods and services in accordance with contractual obligations. In all other cases, returns are free of cost for the customer. Goods which cannot be sent as packages will be collected from you. Obligations with respect to the reimbursement of payments must be carried out within 30 days. For the customer, the period begins when the cancellation notice or the goods are sent and for us, upon receipt of the same.
1) Auf die Geschäftsbeziehungen zwischen Capsumed und Kunden kommt ausschließlich österreichisches Recht unter Ausschluss des UN-Kaufrechtes und der Verweisnormen zur Anwendung.
2) Erfüllungsort ist der Sitz von Capsumed in Mattsee.
3) Als Gerichtsstand für alle sich mittelbar oder unmittelbar aus dem Vertrag ergebenden Streitigkeiten wird das für den Sitz von Capsumed örtlich und sachlich zuständige österreichische Gericht vereinbart.
4) Der Kunde verzichtet auf die Einrede wegen Verkürzung über die Hälfte.
5) Die Vertrags-, Bestell- und Geschäftssprache ist deutsch.
6) Sofern in diesem AGB nichts Abweichendes geregelt ist, gilt für Erklärungen der Parteien das Schriftformerfordernis. Für das Erfordernis zur Schriftlichkeit ist auch die Form als E-Mail ausreichend sofern nicht etwas anderes ausdrücklich vereinbart wurde.
7) Sollten die einzelnen Bestimmungen des Vertrages mit dem Kunden einschließlich dieser allgemeinen Geschäftsbedingungen ganz oder teilweise unwirksam sein oder werden, so wird hierdurch die Gültigkeit der übrigen Bestimmung nicht berührt. Und die ganz oder teilweise unwirksame Regel wird durch eine Regel ersetzt deren wirtschaftlicher Erfolg dem der unwirksamen möglichst nahe kommt.
Capsumed Pharm GmbH / Stand 15.09.2014
Capsumed Pharm GmbH Handel und Logistik
Managing Director/CEO: Peter Weinert
Executive Partner: Dirk Sachon, MBA
Commercial Register: FN-263374 s / UID-Nr.: ATU61728679 / Landesgericht Salzburg
Information § 5 Abs. 1 E-Commerce-Gesetz 4 ECG
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