Conditions
1. Scope
1.1 The provider and contractual partner for all deliveries, services and offers is Purora GmbH & Co KG, FN 465027p, hereinafter referred to as “Purora”.
1.2. The following General Terms and Conditions (GTC) apply to all orders placed via the Purora online shop www.purora.at.
1.3. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
1.4. Differing, conflicting or supplementary terms and conditions do not become part of the contract unless their validity is expressly agreed in writing. Any reference to the customer's terms and conditions in a standard form is expressly rejected.
2. Account and contract conclusion
2.1. The product descriptions contained in the Purora online shop do not represent binding offers from Purora, but serve to make a binding offer by the customer. Your order represents an offer to Purora to conclude a purchase contract. When you place an order with Purora, Purora will send you a message confirming receipt of your order by Purora and listing its details (order confirmation). This order confirmation does not represent acceptance of your offer, but is only intended to inform you that Purora has received your order.
2.2. A purchase contract is only concluded when Purora confirms the ordered product with a separate order confirmation by email within five days. In this case, acceptance is subject to the availability of the goods. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer.
2.3. During the ordering process, the risk of an unexplainable, incorrect transmission lies with the customer. The German language is available for the conclusion of the contract.
3. Prices
The prices listed on the Internet at the time of ordering apply. The prices stated are final prices, i.e. they include the applicable statutory sales tax. In addition to the stated product prices, shipping costs are also added. If taxes, customs duties and other charges that the customer has to pay when accepting the delivery become due during shipping, these are at the expense of the purchaser.
4. Payment
Payment is made by invoice, credit card, PayPal or instant bank transfer. Payments are only deemed to have been made once they have been received in Purora's account. All payments are processed exclusively in euros.
4.1. Payment with Klarna (purchase on account, by credit card, instant bank transfer or instalments):
When paying by invoice, credit card (Mastercard, American Express, Visa), instant bank transfer or in installments, payment processing is carried out by the payment service provider Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden, to whom Purora passes on the information about your order including name, address, account number, bank code and possibly credit card number, invoice amount, currency and transaction number. Your data is passed on exclusively for the purpose of payment processing with the rewards service provider Klarna Bank AB. Further information on Klarna's data protection can be found at the URL https://eu.portal.klarna.com/privacy-policy. The credit card details are not stored on the Purora website. Klarna's data protection officer can be reached at the following email address: datenschutz@klarna.at
4.2. Payment via Paypal
During the ordering process, you will be redirected to the website of the online provider Paypal. In order to pay the invoice amount via Paypal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instructions. After placing the order in the shop, Purora asks Paypal to initiate the payment transaction. The payment transaction is carried out automatically by Paypal immediately afterwards. You will receive further information during the ordering process.
5. Late payment
5.1. In the event of late payment for reasons attributable to the customer, default interest of 12% pa (4% pa if the contractual partner is a consumer within the meaning of the Consumer Protection Act) will be due. For reminders, additional reminder fees of EUR 18.00 including VAT per reminder and any additional costs incurred for support from a debt collection agency or a lawyer will be charged, provided that all of these costs are in reasonable proportion to the claim being pursued and were necessary for the appropriate out-of-court debt collection. In addition, the costs incurred by Purora due to the failed debit attempt (in particular bank charges) will be passed on to the customer.
6. Advantage package subscription The regulations under this point 6 apply exclusively to the "Advantage Package Subscription" and in this case take precedence over the other regulations, if there are any. If there is no separate regulation under this point, the general provisions of the General Terms and Conditions apply.
The “Advantage Package Subscription” consists of either the ThermóTwist PRO and the subscription for a certain number of glasses or only the subscription for a certain number of glasses.
6.1. Contract term
6.1.1. Contract duration of advantage packages with ThermóTwist PRO
6.1.1.1. The minimum term of the “Advantage Package Subscription” is 13 months.
6.1.1.2. The customer can cancel the “Advantage Package Subscription” in the first month up to seven days before the end of the first month at the latest in writing by email to office@purora.at or by post to Purora GmbH & Co KG, Marktstraße 24, 4760 Raab, whereby the cancellation must be received by Purora seven days before the end of the first month.
In the first month, the customer has the opportunity to test the ThermóTwist PRO free of charge, so that no installment is due for the ThermóTwist PRO in this month and therefore only the price for the selected subscription applies.
6.1.1.3. The customer and Purora have the option of cancelling the “Advantage Package Subscription” at the end of the agreed minimum term of 13 months. In order to be legally effective, the cancellation must be received by the respective contractual partner 14 days before the end of the contract term. The customer must cancel the contract in writing by email to office@purora.at or by post to Purora GmbH & Co KG, Marktstraße 24, 4760 Raab. Purora will cancel the contract by email to the address provided by the customer.
6.1.1.4. If Purora does not receive notice of termination, the term of the “advantage package subscription” will automatically be extended by a further twelve months. 6.1.2. Contract term for advantage packages without ThermóTwist PRO
6.1.2.1. The minimum term of the “Advantage Package Subscription” is 12 months.
6.1.2.2. The customer and Purora have the option of cancelling the “Advantage Package Subscription” at the end of the agreed minimum term of 12 months, whereby the cancellation must be received by the respective contractual partner 14 days before the end of the contract term in order to become legally effective. The customer must cancel the contract in writing by email to office@purora.at or by post to Purora GmbH & Co KG, Marktstraße 24, 4760 Raab. Purora will cancel the contract by email to the address provided by the customer.
6.1.2.3. If Purora does not receive notice of termination, the term of the “Advantage Package Subscription” will automatically be extended by a further twelve months.
6.2. Prices for the “Advantage Package Subscription”
6.2.1. Prices for special packages with ThermóTwist PRO
6.2.1.1. When taking out a “Value Package Subscription”, the customer pays the monthly price for the selected subscription and a monthly amount for the ThermóTwist PRO. All prices listed on the website include VAT.
6.2.1.2. In the first month, only the price for the selected subscription is due for payment.
6.2.1.3. The ThermóTwist PRO is paid for after twelve monthly installments have been paid and becomes the property of the customer.
6.2.1.4. If the subscription is extended for a further 12 months, only the monthly price for the selected benefit package is due.
6.2.2. Prices for special packages without ThermóTwist PRO
6.2.2.1. When taking out a “Value Package Subscription”, the customer pays the price for the selected subscription on a monthly basis. All prices listed on the website include VAT.
6.3. Message “Your order will be dispatched shortly”:
6.3.1. On the day the “Advantage Package Subscription” is dispatched, the customer will receive a notification informing the customer of the dispatch date, the items in the shopping cart, the total price of the order and any products that are out of stock.
6.3.2. If one of the products in the “Advantage Package Subscription” is not in stock at the time of the notification “Your order will be dispatched shortly”, Purora will inform the customer of this in this notification and will dispatch the remaining products in the “Advantage Package Subscription” at the order frequency specified by the customer. The customer will not be charged for products that are not in stock.
6.4 Payment
Payment for the “Advantage Package Subscriptions” is made by credit card or PayPal. The customer’s credit card or PayPal account will be charged on the day of dispatch. If the customer’s credit card or PayPal account cannot be charged, Purora will hold the order and send the customer a message that payment could not be made. Purora will try to charge the credit card or PayPal account again the following day. In any case, the order will only be dispatched once payment has been received. If the payment due cannot be collected on the second submission and the customer does not make a transfer despite a reminder and a grace period of 14 days, Purora is entitled to immediate extraordinary termination in accordance with point 5.7. 6.5. Changes
The customer has the right to change the variant of the "Advantage Package Subscription", the shopping cart or the customer data at any time free of charge. The change can only be taken into account for the current order if it is made in good time so that it reaches Purora at the latest one day before dispatch. Otherwise, the submitted change only applies from the next delivery.
6.6. Early termination of the contract
6.6.1. Purora is entitled to terminate the "Advantage Package Subscription" for good cause that is attributable to the customer by means of extraordinary termination. Good cause is in particular if the customer is in arrears with their monthly payment, even if only partially, and Purora has unsuccessfully reminded them of the payment by setting a grace period of at least two weeks.
6.6.2. Purora may terminate the “Advantage Package Subscription” without notice, without prior warning or setting of a grace period, if the customer again falls into arrears with payments, i.e. if the customer has already failed to adequately meet his payment obligations at least once before.
6.6.3. In the event of an extraordinary termination of the "Advantage Package Subscription" by Purora at the customer's request, the customer must compensate Purora for the damage caused by the premature termination of the contract. This damage is calculated from the agreed price for the selected subscription and the monthly amount for the ThermóTwist PRO until the agreed end of the term.
6.6.4. In the event of late payment for reasons attributable to the customer, default interest of 12% pa (4% pa if the contractual partner is a consumer within the meaning of the Consumer Protection Act) will be due. For reminders, additional reminder fees of EUR 18.00 including VAT per reminder and any additional costs incurred for support from a debt collection agency or a lawyer will be charged, provided that all of these costs are in reasonable proportion to the claim being pursued and were necessary for the appropriate out-of-court debt collection. In addition, the costs incurred by Purora due to the failed debit attempt (bank charges) will be passed on to the customer.
7. Transport/Delivery
7.1. Purora is entitled to hand over the goods to a suitable transport company for the purpose of delivering the goods to the delivery address you have provided. Purora reserves the right to select the transport company. Shipping and transport are at the customer's expense and risk.
7.2. Purora will deliver to the address you specified as the delivery address in the respective order with Purora. Purora reserves the right not to deliver to all locations and will inform you when you place your order if we are unable to deliver to your address. A delivery may be refused if a previous delivery could not be delivered several times or if the customer has poor creditworthiness.
7.3. In the event that the delivery is left for you at your doorstep or at another location specified by you and is lost or damaged there, Purora accepts no liability for this and will not provide any compensation.
7.4. If for any reason Purora is unable to deliver your order to the location you requested, Purora will attempt to contact you using the telephone number you provided. It is your responsibility to ensure that you can be reached at this telephone number. If the order cannot be delivered as a result, Purora has the right to still charge you for the delivery.
7.5 If a delivery cannot be made or is delayed due to force majeure, Purora shall not be liable for any inconvenience or loss caused.
7.6 You are responsible for checking all deliveries for completeness and accuracy immediately upon receipt and are obliged to notify Purora if anything is damaged or missing.
7.7. Shipping within Austria is free for orders over EUR 60.00. Orders under this value are subject to shipping costs of EUR 5.99. For deliveries to Germany, shipping costs are waived for orders over EUR 100.00. Orders under this value are subject to shipping costs of EUR 9.99. For deliveries to other countries, please contact us for shipping costs.
8. Retention of title
8.1 All delivered goods remain the property of Purora until the purchase price and all associated costs and expenses have been paid in full.
8.2. The customer is entitled to resell the reserved goods. This right expires if the customer defaults on payment or if he has reason to fear that he will not be able to pay Purora's claim in full when it is due.
8.3. If the customer resells the reserved goods, he hereby assigns to Purora all claims to which he is entitled from the resale or other utilization up to the amount of Purora's purchase price claim. He undertakes to note this assignment in his books. The customer is authorized, until revoked, to collect these assigned claims for Purora's account in his own name. The customer is obliged to retain title to the reserved goods if he resells the reserved goods on credit.
8.4. The customer assigns to Purora any insurance or compensation claims arising from the destruction of or damage to the reserved goods.
8.5 Pledging or transferring the reserved goods as security is not permitted.
9. Assumption of risk
9.1. The risk of accidental loss and accidental deterioration of the goods is generally transferred to you when the goods are handed over to you. In the case of delivery to the delivery address you have specified, the risk of accidental loss and accidental deterioration of the goods is transferred to you when the goods are handed over to the forwarding agent, the carrier or the other transport company designated to deliver the goods.
9.2 If you are in default with acceptance, this shall be deemed to have been handed over.
9.3. You also bear the risk of accidental deterioration and accidental loss of the goods if the contract is reversed, for example due to the exercise of a right of withdrawal or for any other reason. When returning the goods, you must ensure that the goods are packaged properly and safely.
10. Cancellation policy
10.1. If products are purchased that are perishable and have an expiration date that is quickly exceeded (Purora Smoothies or SmoothSoups), the right of withdrawal for consumers with regard to the products mentioned is excluded.
10.2. For all other products, the customer as a consumer has the right to withdraw from this contract within 14 days without giving any reason.
10.3. The cancellation period shall be 14 days from the day on which the customer or a third party designated by the customer, who is the carrier, takes possession of the goods.
10.4. In order to exercise the right of withdrawal legally, the customer must inform Purora of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or email). The customer can use the attached sample withdrawal form for this purpose, but this is not mandatory.
10.5 To meet the cancellation deadline, it is sufficient for the customer to send the notification of exercising the right of cancellation before the cancellation period has expired.
10.6. Consequences of revocation
If the customer cancels the contract, Purora will refund to the customer all payments that Purora has received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery specified by Purora), promptly and at the latest within 14 days from the day on which Purora received notification of the cancellation of the contract. For the refund, Purora will use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer.
10.7. The customer must return or hand over the goods to the address Purora, Marktstraße 24, 4760 Raab immediately and in any event no later than 14 days from the date on which the customer notifies Purora of the cancellation of this contract. This deadline is met if the customer sends the goods before the expiry of the 14-day period. The customer bears the direct costs of returning the goods.
11. Warranty/Liability
11.1. Purora guarantees that the goods correspond to the agreed specifications and the mandatory legal provisions applicable to the goods in the European Union. Purora guarantees that the goods may be sold within the European Union. The customer must clarify whether they may also be sold outside the EU (e.g. food law, labelling regulations).
11.2. Purora does not provide a guarantee for defects that are the result of improper storage, safekeeping, use or transport. If such defects are claimed, the customer must prove that the goods were stored, safekeeping, use or transported properly. Unless otherwise stated on the packaging of the goods or in the business documents, proper storage etc. means that the goods are stored and transported in a clean, dry place and at no more than normal room temperature and are not stored outdoors.
11.3. Purora provides no guarantee for information about products in catalogues, advertising letters, brochures, food or drink menus, etc.
11.4. If the customer is an entrepreneur, he must carefully inspect the goods upon receipt and report any defects in writing within five working days, sending a sample of the goods in question or other evidence (e.g. digital photo), otherwise any claims, including those for consequential damages caused by defects, are excluded. At Purora's request, the customer must allow and tolerate the inspection of the goods by an expert appointed by Purora or a third party. If a defect is reported in due time and - if Purora requests this - is inspected by an expert, Purora will remedy the defect at its own discretion by improving or replacing it, taking back the defective goods against a credit for the purchase price or granting a price reduction. The customer is not entitled to any other claims. Compensation for consequential damages (caused by defects) and other damages, in particular property damage, financial loss and damage caused by third parties against the customer, unless it is a consumer transaction, is excluded.
11.5. The warranty period for entrepreneurs corresponds to the minimum shelf life and begins as soon as the goods are offered to the customer at the place of performance. Claims for defects by the entrepreneur presuppose that the entrepreneur has properly fulfilled his obligations to inspect and give notice of defects pursuant to Section 377 of the Austrian Commercial Code (UGB).
11.6. The customer is not entitled to withhold payments due to warranty or other claims of any kind.
11.7. Claims for damages, in particular due to delay, impossibility of performance, breach of contractual and statutory ancillary and protective duties, fault when concluding the contract and non-contractual liability are excluded unless the damage was caused by gross negligence or intentional action.
11.8 Purora excludes liability for damages caused by slight negligence – to the extent permitted by law.
11.9. The return of goods that are the subject of a complaint requires the express prior consent of Purora. If the return is made without prior consent, Purora is entitled to refuse to accept the returned goods and to return them to the customer at the customer's expense.
11.10 Purora excludes liability towards companies for damages caused by gross negligence.
12. Information on health and nutrition
12.1. Purora cannot guarantee compliance with specific nutritional or dietary requirements. Purora does not take special dietary requirements into account and customers are referred to their doctor. Although Purora's aim is to offer nutritionally balanced meals, Purora's offering is no substitute for comprehensive personal advice from a qualified nutritionist.
12.2. Purora juices, soups and tinctures are not suitable for everyone and should not be used in the case of serious digestive disorders or during pregnancy and breastfeeding. If the customer is taking medication on a long-term basis, suffers from illnesses such as diabetes mellitus, severe stages of cancer or AIDS or has any other medical concerns, the customer should consult their doctor.
The tinctures offered on the website are dietary supplements. When taking dietary supplements, responsible use is crucial to avoid side effects. This particularly applies to adhering to the recommended intake and dosage. Furthermore, known intolerances to certain ingredients must also be taken into account before taking them.
Food supplements are intended to supplement the normal diet with nutrients or other vital substances that have a nutritional or physiological effect. Food supplements are not a substitute for a varied, balanced diet and a healthy lifestyle. In the recommended daily dose, food supplements have no side effects in healthy adults. However, if side effects or health damage do occur due to individual intolerances, Purora accepts no liability. Food supplements should always be stored out of the reach of small children.
12.3. If the Purora website contains general information about health, detoxification and nutrition, this information is not to be regarded as medical advice or recommendations and is not designed to meet the specific personal requirements of the customer.
13. Data protection
Further information can be found in the privacy policy.
14. Applicable law, place of jurisdiction, final provisions
14.1. The contract is subject exclusively to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the Austrian conflict of laws rules.
14.2. The exclusive place of jurisdiction is Wels.
14.3. The place of performance for entrepreneurs is Wels.
14.4. The customer is not entitled to offset any claims against Purora with the payment claim to which Purora is entitled. The customer is not entitled to any rights of retention.
14.5. The customer is not entitled to assign his claim for delivery of the goods to third parties.
14.6. The contesting of a contract due to error by the customer is excluded.
14.7. Documents or information about Purora, its products, distributors or other customers that
are made available to the customer or of which he otherwise becomes aware may only be passed on to third parties or otherwise made accessible to them with the written consent of Purora. The same applies to documents such as samples, cost estimates, advertising materials, price lists, service agreements or contracts that are given to the customer or of which he otherwise becomes aware. All rights to such documents belong to Purora.
14.8. Should any provisions of the contract be or become invalid or unenforceable, the remainder of the contract shall remain unaffected. These invalid or unenforceable provisions shall be deemed to be replaced by valid and enforceable provisions that most closely achieve the intended economic purpose (severability clause).
14.9 If a contract is concluded in German and in another language, the German text shall prevail for the interpretation of the contract and these terms and conditions.
15. Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and Section 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.