AGB

A. General Terms and Conditions

1) Scope

The following terms and conditions apply to all orders placed via our online store.

1.1 These Terms and Conditions of p.how GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods and/or services presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated in the Seller's online store. In doing so, after entering his personal data, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within two days,

1. by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or

2. by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or

3. by requesting payment from the customer after the customer's order has been placed.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 If the customer selects "PayPal Express" as a payment method during the online ordering process, the customer also issues a payment order to its payment service provider by clicking the button that concludes the ordering process. In this case, the seller declares, notwithstanding section 2.3, the acceptance of the offer of the customer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.

2.5 The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the day after next, which follows the sending of the offer.

2.6 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Return shipping costs when exercising the right of withdrawal

Consumers are generally entitled to a right of withdrawal. More information on the right of withdrawal can be found in the seller's cancellation policy. You bear the direct costs of returning the goods.

4) Prices and terms of payment

4.1 The Seller's stated prices are final prices and include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 Various payment options are available to the Customer, which are indicated in the Seller's online store.

4.3 If payment in advance has been agreed, payment shall be due immediately after conclusion of the contract.

5) Delivery and shipping conditions

5.1 The delivery of goods is regularly carried out by shipping and to the delivery address specified by the customer. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him reasonable prior notice of the service.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects

The statutory liability for defects shall apply.

Important note: Please consult your doctor in case of known intolerances. The same applies to possible interactions with other products you take at the same time.

8) Applicable law, place of jurisdiction, contractual language

8.1 All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

8.2 If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Republic of Austria, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.

8.3 The contractual language is German.

B. Customer information

1) Information about the identity of the seller

p.how GmbH
Donaufelder Straße 53-55/3/2
1210 Vienna
Austria

E-mail: [email protected]

2) Information on the essential characteristics of the goods or service.

The essential characteristics of the goods or services can be found in the respective product description posted by the seller.

3) Information on the conclusion of the contract

The conclusion of the contract shall be subject to clause 2 of the General Terms and Conditions of the Seller (see above).

4) Payment and delivery information

Payment shall be made in accordance with Clause 4 of the Seller's General Terms and Conditions (see above) in conjunction with the information on payment options in the Seller's online store. Delivery shall be made in accordance with clause 5 of the General Terms and Conditions of the Seller (see above).

5) Information about the technical steps leading to the conclusion of the contract.

5.1 To submit an offer via the Seller's online order form, the Customer must go through the following technical steps:

5.1.1 Inserting the desired item into the virtual shopping cart

5.1.2 Registration in the online store by entering user ID and password or - if a customer account does not yet exist - new registration with or without opening a customer account

5.1.3 Entering the billing and delivery address

5.1.4 Selecting the desired payment method

5.1.5 Selecting the desired shipping method

5.1.6 Summary of the order data

5.1.7 Sending the order

5.2 Acceptance by the Seller shall be made in accordance with Clause 2.3 of the Seller's General Terms and Conditions (see above).

6) Information on the storage of the contract text

When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions and customer information. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via its password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online store before submitting its order.

7) Information about the technical means to detect and correct input errors.

Before binding submission of the order via the online order form of the seller, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

8) Information on the languages available for the conclusion of the contract.

For the conclusion of the contract the German as well as English language is available.

9) Vouchers conditions

1. Subject
The focuslabs voucher can be used in accordance with these terms and conditions as part of purchases made on the www.focuslabs-shop.com website. The voucher will be sent in the form of a code by mail after receipt of payment. The voucher can be given to third parties. In this case, one undertakes not to use the voucher code again or to disclose it to third parties.

2. raffle voucher conditions
If an amount of value is raffled in a raffle, this amount will only be issued in the form of a voucher. There will be no cash payment of this monetary value.

3. redeeming the voucher
The voucher can be used for the purchase of products sold via the focuslabs service. The value of the voucher will be deducted from the invoice amount. Only one voucher can be redeemed per order.

4. remaining credit
If the voucher value exceeds the invoice amount, any remaining credit is retained and can be redeemed by requesting a new voucher for the remaining amount.
Cash payment of the (remaining) value of the voucher is excluded.

5. liability
The voucher code is kept secret and is only communicated to the person who receives the voucher as a gift. p.how GmbH accepts no liability for the loss, theft or misuse or delayed transmission (e.g. due to technical difficulties) of the voucher code.