1.1. 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 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. Deviating, conflicting or supplementary terms and conditions do not become part of the contract unless their validity is expressly agreed in writing. The form reference to the customer's terms and conditions is expressly contradicted.
2. Account and Contracting
2.1. The product descriptions contained in Purora's online shop do not represent binding offers from Purora, but serve to enable the customer to submit a binding offer. Your order constitutes an offer to Purora to enter into a purchase agreement. When you place an order with Purora, Purora will send you a message confirming that Purora has received your order and listing its details (Order Confirmation). This order confirmation does not constitute 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 e-mail within five days. In this case, the acceptance is subject to the availability of the goods. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.3. During the ordering process, the customer bears the risk of an unexplainable, incorrect transmission. The German language is available for the conclusion of the contract.
The prices listed on the Internet at the time of the order apply. The prices given are final prices, i.e. they include the applicable statutory sales tax. Shipping costs are added to the stated product prices. If taxes, customs duties and other charges that the customer has to pay when accepting the delivery become due in the course of shipping, these shall be borne by the customer.
Payment is made on account, by credit card, PayPal or instant transfer. Payments are only deemed to have been made when they are received in Purora's account. All payments are processed exclusively in euros.
4.1. Payment with Klarna (purchase on account, by credit card, immediate transfer or in installments):
When paying on account, by credit card (Mastercard, American Express, Visa), Sofortüberweisung or in installments, the payment is processed via the payment service provider Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden, to Purora the information about your order including name, address, account number, sort code and possibly credit card number, invoice amount, currency and transaction number. Your data will only be passed on for the purpose of payment processing with the premium service provider Klarna Bank AB. You can find more information about Klarna's data protection under the URL https://eu.portal.klarna.com/privacy-policy. Credit card details are not stored on Purora's website. Klarna's data protection officer can be reached via the following email address: email@example.com
4.2. Payment via Paypal
During the ordering process you will be redirected to the website of the online provider Paypal. In order to be able to pay the invoice amount via Paypal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions. After placing the order in the shop, Purora requests PayPal to initiate the payment transaction. The payment transaction is carried out automatically by Paypal immediately afterwards. You'll get more information during the ordering process.
5. Late Payment
5.1. If the customer defaults in payment, default interest of 12% pa (if the contractual partner is a consumer in the sense of the Consumer Protection Act 4% pa) is due for payment. For reminders, additional reminder fees of EUR 18.00 including sales tax per reminder and any additional costs incurred for support from a debt collection agency or a lawyer will be charged, insofar as all of these costs are in reasonable proportion to the claim being made and are necessary for the appropriate out-of-court collection of the claim were. In addition, the costs caused by the failed debit attempt (in particular bank charges) will be passed on to the customer.
6. Value pack 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 "Subscription Advantage Package" consists either of the ThermóTwist PRO and a subscription for a certain number of glasses or just a subscription for a certain number of glasses.
6.1. contract term
6.1.1. Contract period Advantage packages with ThermóTwist PRO
18.104.22.168. The minimum term of the "benefit package subscription" is 13 months.
22.214.171.124. The customer can cancel the "benefit package subscription" in the first month at the latest seven days before the end of the first month in writing by e-mail to firstname.lastname@example.org or by post to Purora GmbH & Co KG, Marktstraße 24, 4760 Raab, whereby notice of termination 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 consequently only the price for the selected subscription is charged.
126.96.36.199. The customer as well as Purora have the option of terminating the "advantage package subscription" at the end of the agreed minimum term of 13 months, whereby the termination must be received by the respective contractual partner 14 days before the end of the contract period in order to become legally effective. The termination by the customer must be made in writing by e-mail to email@example.com or by post to Purora GmbH & Co KG, Marktstraße 24, 4760 Raab. Purora terminates the contract by sending an email to the address provided by the customer.
188.8.131.52. If Purora does not receive a notice of termination, the term of the "Advantage Package Subscription" is automatically extended by a further twelve months. 6.1.2.Contract period for benefit packages without ThermóTwist PRO
184.108.40.206. The minimum term of the "benefit package subscription" is 12 months.
220.127.116.11. The customer as well as Purora have the option of canceling the "benefit 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 period in order to become legally effective. The termination by the customer must be made in writing by e-mail to firstname.lastname@example.org or by post to Purora GmbH & Co KG, Marktstraße 24, 4760 Raab. Purora terminates the contract by sending an email to the address provided by the customer.
18.104.22.168. If Purora does not receive a notice of termination, the term of the "Advantage Package Subscription" is automatically extended by a further twelve months.
6.2. Prices for the "Advantage Package Subscription"
6.2.1. Prices for value packages with ThermóTwist PRO
22.214.171.124. When taking out a "benefit package subscription", the customer pays the price for the selected subscription on the one hand and a monthly amount for the ThermóTwist PRO on the other. All prices listed on the website include sales tax.
126.96.36.199. In the first month, only the price for the selected subscription is due for payment.
188.8.131.52. The ThermóTwist PRO is paid after twelve monthly installments have been made and becomes the property of the customer.
184.108.40.206. If the subscription is extended by a further 12 months, only the monthly price for the selected benefit package is due.
6.2.2. Prices for value packages without ThermóTwist PRO
220.127.116.11. When taking out a "benefit package subscription", the customer pays the price for the selected subscription each month. All prices listed on the website include sales tax.
6.3. "Your order will be shipped shortly" message:
6.3.1. The customer will receive a notification on the day the “Subscription Value Pack” is shipped informing the customer of the shipping date, the items in the shopping cart, the total price of the order and any products that are not in stock.
6.3.2. If any of the “Subscription Value Pack” products are out of stock at the time of the “Your order will be shipped shortly” notification, Purora will inform the customer of this in this notification and will ship the remaining “Subscription Value Pack” products at the order frequency specified by the customer. Products that are not in stock will not be charged to the customer.
The 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 shipment. If the customer's credit card or PayPal account cannot be charged, Purora will hold the order and send the customer a notification that the payment could not be completed. Purora will try to charge the credit card or PayPal account again the following day. In any case, the order will not be dispatched until receipt of payment. If the payment due cannot be collected even with the second submission and if the customer does not transfer the payment 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 Purora receives it no later than one day before dispatch. Otherwise, the transmitted change only applies from the next delivery.
6.6. Early termination of contract
6.6.1. Purora is entitled to end the "benefit package subscription" for important reasons that can be attributed to the customer by means of an extraordinary termination. An important reason is, in particular, if the customer is only partially in arrears with his monthly payment and Purora has unsuccessfully reminded him of this, setting a grace period of at least two weeks.
6.6.2. Purora can terminate the "Subscription Advantage Package" without notice, without prior reminder or setting a grace period, if the customer is again in arrears with payments, i.e. he has not sufficiently fulfilled his payment obligations at least once before.
6.6.3. In the event of an extraordinary cancellation of the “advantage package subscription” by Purora caused by the customer, the customer must compensate Purora for the damage incurred by Purora as a result of the premature end of the contract. This damage is calculated from the agreed price for the selected subscription and the monthly amount for the ThermóTwist PRO up to the agreed end of the term.
6.6.4. If the customer defaults in payment, default interest of 12% pa (if the contractual partner is a consumer in the sense of the Consumer Protection Act 4% pa) is due for payment. For reminders, additional reminder fees of EUR 18.00 including sales tax per reminder and any additional costs incurred for support from a debt collection agency or a lawyer will be charged, insofar as all of these costs are in reasonable proportion to the claim being made and are necessary for the appropriate out-of-court collection of the claim were. In addition, the costs (bank charges) caused by the failed debit attempt are passed on to the customer.
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 choose the transport company. Dispatch and transport take place at the expense and risk of the customer.
7.2. Purora will deliver to the address that you have given Purora as the delivery address in the respective order. Purora reserves the right not to ship to all locations and will notify Purora when you place your order if we are unable to ship to your address. A delivery can be rejected if a previous delivery could not be delivered several times, or the customer has poor creditworthiness.
7.3. In the event that the delivery is left on your doorstep or at another location specified by you and is lost or damaged there, Purora accepts no liability for this and will not grant any compensation.
7.4. If for any reason Purora is unable to deliver your delivery to your requested location, Purora will attempt to contact you at the telephone number you have provided. It is your responsibility to ensure that you can be reached at this telephone number. If the delivery is subsequently undeliverable, Purora has the right to charge you for the delivery anyway.
7.5. If a delivery cannot be delivered or can only be delivered with a delay due to force majeure, Purora shall not be liable for any inconvenience or loss incurred.
7.6. You are responsible for checking all shipments for completeness and accuracy immediately upon receipt and obligated to notify Purora if anything is damaged or missing.
7.7. Deliveries within Austria are free of charge from an order value of EUR 100.00. Deliveries outside of Austria are free of charge from an order value of EUR 130.00.
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. The entitlement expires if the customer defaults on payment or if he has to worry that he cannot pay Purora's claim in full when it is due.
8.3. If the reserved goods are resold by the customer, he hereby assigns all claims to which he is entitled from the resale or other utilization up to the amount of Purora's purchase price claim to Purora. He undertakes to note this assignment in his books. Until revoked, the customer is authorized to collect these assigned claims for the account of Purora in his own name. The customer is obliged to retain ownership of the reserved goods if he resells the reserved goods on credit.
8.4. The customer assigns to Purora the insurance or damage claims arising from the destruction or damage of the reserved goods.
8.5. The pledging and security transfer of the reserved goods is not permitted.
9. Risk of Loss
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 specified by you, the risk of accidental loss and accidental deterioration of the goods passes to you when the goods are handed over to the forwarding agent, carrier or other transport company designated to deliver the goods.
9.2. The handover is the same if you are in default with the acceptance.
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 properly and securely packaged.
10. Cancellation policy
10.1. If products are purchased that are perishable and have an expiry date that will soon be exceeded (Purora Smoothies or SmoothSoups), the consumer's right of withdrawal 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 a reason.
10.3. The cancellation period is 14 days from the day on which the customer or a third party designated by the customer who is the carrier took possession of the goods.
10.4. In order to be able to exercise the right of withdrawal in a legally effective manner, the customer must inform Purora of the decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). The customer can use the attached sample withdrawal form for this, but it is not mandatory.
10.5. To meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
10.6. Consequences of revocation
If the customer withdraws from the contract, Purora will owe the customer all payments that Purora has received from the customer, including delivery costs (except for the additional costs resulting from the customer choosing a different method of delivery than that stated by Purora , chose cheapest standard delivery) immediately and at the latest within 14 days from the day on which Purora received notification of the cancellation of the contract. For the repayment, Purora uses 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 case no later than 14 days from the day on which the customer informed Purora about the cancellation of this contract. The deadline is met if the customer sends the goods before the period of 14 days has expired. The customer bears the direct costs of returning the goods.
11.1. Purora guarantees that the goods comply with 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 for himself whether it may also be sold outside the EU (e.g. food law, labeling regulations).
11.2. Purora accepts no liability for defects that can be traced back to improper storage, safekeeping, use or transport. If such defects are claimed, the customer has to prove the proper storage, safekeeping, use or transport. Unless otherwise stated on the packaging of the goods or in the business papers, appropriate storage etc. means that the goods are stored and transported clean, dry and at most at normal room temperature and are not stored outdoors.
11.3. Purora assumes no liability for information about products in catalogues, advertising letters, brochures, food or drink menus etc.
11.4. If the customer is an entrepreneur, he must check the goods carefully upon acceptance and report any defects in writing within five working days, sending a sample of the goods complained about or other evidence (e.g. digital photo), otherwise any claims, including those from consequential damages, 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 it is inspected by an expert - if Purora requests this - Purora will remedy the defect at its own discretion by improving or replacing it, taking back the defective goods against crediting the purchase price or granting a price reduction. The customer is not entitled to any other claims. Compensation for (defect) consequential damage and other damage, in particular damage to property, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
11.5. The warranty period for entrepreneurs corresponds to the minimum durability period 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 he has properly fulfilled his obligations to examine and give notice of defects according to §377 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 from delay, impossibility of performance, breach of contractual and legal secondary and protection obligations, culpa in contrahendo and non-contractual liability are excluded, provided the damage was not caused by grossly negligent or intentional action.
11.8. Purora excludes liability for damage caused by slight negligence - to the extent permitted by law.
11.9. The return of rejected goods requires the express prior consent of Purora. If the goods are returned without prior consent, Purora is entitled to refuse acceptance of the returned goods and to return them to the customer at the customer's expense.
11.10. Purora excludes liability for damage caused by gross negligence to companies.
12. Health and Nutrition Information
12.1. Purora cannot guarantee compliance with any specific nutritional or dietary requirements. Purora does not accommodate special dietary requirements and customers are referred to their doctor. While Purora's goal is to provide nutritionally balanced meals, Purora's offerings are not a substitute for comprehensive personal advice from a qualified nutritionist.
12.2. The Purora juices, soups and tinctures are not equally suitable for everyone and should not be taken if the digestive system is severely impaired or if you are pregnant or breastfeeding. Even if the customer takes medication permanently, suffers from diseases such as diabetes mellitus, severe stages of cancer or AIDS or has any other medical concerns, the customer should consult his doctor.
The tinctures offered on the website are dietary supplements. When taking dietary supplements, responsible use is crucial to avoid side effects. This applies above all to compliance with the recommended intake and dosage. Furthermore, known intolerances to certain ingredients must also be considered before taking them.
Dietary supplements are intended to supplement the normal diet with nutrients or other vital substances that have a nutritional or physiological effect. Dietary supplements are not a substitute for a varied, balanced diet and a healthy lifestyle. In the recommended daily dose, dietary supplements have no side effects in healthy adults. However, should side effects or damage to health occur due to individual intolerance, Purora assumes no liability. Dietary supplements should always be stored out of the reach of small children.
12.3. To the extent that Purora's website contains general information about health, detoxification and nutrition, this information does not constitute medical advice or recommendations and is not designed to meet the specific personal needs of the customer.
The data protection declaration contains more information on this.
14. Governing Law, Place of Jurisdiction, Final Provisions
14.1. The contract is exclusively subject to Austrian law to the exclusion of the UN Sales Convention and the Austrian conflict of law rules.
14.2. The exclusive place of jurisdiction is Wels.
14.3. Place of performance for entrepreneurs is Wels.
14.4. The customer is not entitled to offset any claims against Purora against the claim for payment to which Purora is entitled. The customer has no right of retention.
14.5. The customer is not entitled to assign his claim for the delivery of the goods to others.
14.6. Rescission of a contract due to error on the part of the customer is excluded.
14.7. Documents or information about Purora, its products, distributors or other customers who
are made available to the customer or of which he otherwise becomes aware may only be passed on to third parties or made accessible to them in any other way 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 handed over to the customer or of which he otherwise becomes aware. All rights to such documents belong to Purora.
14.8. Should provisions of the contract be or become invalid or unenforceable, the remainder of the contract shall remain unaffected. These invalid or unenforceable provisions are 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 is decisive for the interpretation of the contract and these conditions.
15. Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.