Version May 2024
Table of contents
01. Validity of Terms and Conditions
02. Offers and service descriptions
03. Ordering process and conclusion of contract
04. Prices and payment terms
05. Delivery and shipping conditions
06. Retention of title
07. Warranty
08. Redemption of gift vouchers
09. Liability
10. Right of withdrawal
11. Storage of the contract text
12. Data Protection
13. Place of jurisdiction, applicable law, contract language, other
1. Validity of Terms and Conditions
1.1 The following general terms and conditions (hereinafter GTC) apply to all contracts, deliveries and other services that are based on orders via the web shop www.shop-bodyrolling.at (hereinafter referred to as “online shop”)
1.2 A purchase contract is concluded with Moravia Naranjo, Strobachgasse 4/16, 1050 Vienna, Austria (hereinafter referred to as “Seller”).
1.3 Customers (hereinafter referred to as “customer”) within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4 Differing conditions from the customer will not be recognised unless the seller expressly agrees to their validity in writing.
1.5 The following General Terms and Conditions apply exclusively in the version valid at the time of the order.
2. Offers and service descriptions
2.1 The presentation of products and services in the online shop is a legally non-binding offer and therefore an invitation to submit offers. Service descriptions on the seller's website do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last”, unless otherwise specifically stated for the products.
3. Ordering process and conclusion of contract
3.1 An electronic order process is provided in the online shop in order to submit an offer to conclude a contract. After completing the order process, the customer makes a legally binding offer to conclude a purchase contract for the goods and services contained in the shopping cart by clicking on the “Order now for a fee” button. The customer can also make the offer to the seller by telephone or email.
3.2 The customer will be informed immediately by email, to the email address provided during the ordering process that the order has been received (order confirmation). This order confirmation also contains the current version of the General Terms and Conditions.
3.3 The order confirmation documents that the customer's order has been received by the seller and does not constitute acceptance of the application of purchase.
The seller can accept the customer's offer within 5 days,
If several of the above-mentioned alternatives are present, the contract is concluded at the point in time at which one of the above-mentioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by her declaration of intent.
3.4 If the seller allows advance payment (advance payment), the contract is concluded when the bank details and payment request are provided. If the payment has not been received by the seller within 10 calendar days of sending the order confirmation despite being due, even after a renewed request, the seller will withdraw from the contract with the result that the order is no longer valid and the seller has no obligation to deliver. The order is then completed without any further consequences for the buyer and seller. If you pay in advance, the item will be reserved for a maximum of 10 calendar days.
3.5 The goods order with contractual conditions will be stored by the seller until it is processed. The customer has this data in the form of the email sent in accordance with Section 3.1 after conclusion of the contract. It is also possible to save or print out the contract text when ordering.
3.6 The seller reserves the right to reject orders.
3.7 The contract is concluded in German.
3.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address she provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
4. Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax.
4.2 Any delivery and shipping costs incurred are stated as a flat rate shipping cost and are displayed in the electronic order history. Packaging costs are already included in the shipping flat rate shown. All payment obligations are owed in Euros. For deliveries to countries outside the European Union, additional costs may arise in inpidual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop. The purchase price plus the flat rate shipping fee (total price) is due immediately upon conclusion of the contract. The total price can be regulated in the following ways: credit or debit card (via Stripe), Paypal and advance payment.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 The goods will only be shipped after the total price has been credited to the seller's account (Moravia Naranjo, Austria) or after receipt of a payment notification from the payment providers listed.
5. Delivery and shipping conditions
5.1 The seller ships worldwide, but excludes the following countries: Finland, UK, USA, Canada & Japan. We refer customers in these countries to the respective local web shops: YamunaFinnland.com, YamunaUK.com, YamunaUSA.com, YamunaCanada.com, YamunaJapan.com
5.2 Goods will be delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive.
5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if they were temporarily prevented from accepting the service offered. However, if the seller notified a changed in delivery time or service to the customer in advance, within a reasonable time frame, the customer will bear the shipping costs. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises her right of withdrawal. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions made by the seller in the cancellation policy.
5.4 In the case of self-collection, the seller first informs the customer by email that the goods she has ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
5.5 Vouchers will be sent to the customer by email.
6. Retention of title
6.1 If the seller makes advance payments, she reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7. Warranty
7.1 If a purchased item is defective, the provisions of the Austrian legal regulations apply. The warranty period for consumers is 2 years from the time of delivery; The warranty period for entrepreneurs is 1 year.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on her legal or contractual claims for defects.
7.3 In order to protect their claims for defects, consumers must report obvious defects that are so obvious that even the average non-expert customer notices them without paying special attention to them in writing within two weeks of delivery; please note: communicating the defects within the 2 week period is important to meet the warranty deadline.
7.4 Entrepreneurs must inspect the goods immediately upon receipt. The delivered goods are deemed to have been approved by the entrepreneur if, in the case of obvious defects, a defect is not reported within seven calendar days of delivery or otherwise within seven calendar days of discovery of the defect. The entrepreneur as the buyer bears the risk to prove the existence of the defects and damages to products, as well as filing the complaint within the timeframe given above.
7.5 Complaints based on statutory warranty claims or other complaints can be made to the following address: Moravia Naranjo, Strobachgasse 4/16, 1050 Vienna Austria
8. Redemption of gift vouchers
8.1 Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless the voucher states otherwise.
8.2 Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.
8.3 Several gift vouchers can be redeemed in one order.
8.4 Gift vouchers can only be used to purchase goods and services and not to purchase additional gift vouchers.
8.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
8.6 Remaining credit will be credited to the customer until the expiry date. The balance of a gift voucher will neither be paid out in cash nor interest.
8.7 The gift voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.
9. Liability
9.1 The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other legal requirements for claims.
9.2 Outside the scope of the Product Liability Act, the seller's liability is limited to intent or gross negligence. Liability for slight negligence, compensation for consequential damages and financial losses, savings not achieved, loss of interest and damages from third-party claims against the customer are excluded.
9.3 The limitation of liability for minor negligence does not apply to consumers.
9.4 The seller's liability towards entrepreneurs is limited to 10% of the purchase price.
9.5 The above limitations of liability do not apply in the event of injuries to life, body or health attributable to the seller.
9.6 The seller is only liable for its own content on the website. To the extent that the seller provides access to other websites through links, it is not responsible for the external content contained there. The seller does not adopt the third-party content as its own. If the seller becomes aware of illegal content on external websites, it will immediately block access to these pages.
10. Right of withdrawal
10.1 The customer can withdraw from the purchase contract within 14 calendar days by sending a written statement (by email or post) without giving any reason, or by returning the Products and goods in their original packaging, in an unused and closed or sealed state. It is sufficient if the declaration of withdrawal is sent within the 14 day period i.e the postal date of when the goods were received is decisive.
10.2 In this case, the customer is demonstrably obliged to return the goods immediately. The customer bears the shipping cost for all returns.
10.3 When refunding the purchase amount, the seller reserves the right to deduct the cost of any loss in value of goods caused by damage or use. Shipping costs will also be deducted in the case of unpaid returns.
10.4 The prerequisite for exercising the right of withdrawal by returning the goods without reason is that the goods are free from damage and haven’t been used, as well as postage for returns being sufficiently covered. The risk of return and proof of return lies with the customer. In the event of the customer withdrawing (through a written declaration or simply returning the goods), the purchase price already paid will be refunded. Shipping costs are non refundable.
10.5 The declaration of withdrawal must be sent to the following address:
Letter/parcel: Moravia Naranjo, Strobachgasse 4/16, 1050 Vienna Austria
or email: moravia@shop-bodyrolling.at
10.6 Otherwise, §§ 5 f & 5 g of the Consumer Protection Act as well as the statutory warranty provisions apply to the withdrawal.
10.7 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
11. Storage of the contract text
11.1 The seller saves the written contract order. The terms and conditions are available online. The customer can print out the written contract before submitting the order to the seller by using the print function on her browser in the last step of the order.
11.2 The seller also sends the customer a detailed, written order confirmation, to the email address provided. In addition, the customer will also receive a copy of the General Terms and Conditions with her order.
12. Data Protection
12.1 The seller processes the customer's personal data for a specific purpose and in accordance with legal regulations.
12.2 The personal data provided for the purpose of ordering goods (such as name, email address, address, payment details) will be used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment processes.
12.3 The customer has the right, upon request, to receive information free of charge about the personal data stored about her by the seller. In addition, you have the right to correct incorrect data, block and delete your personal data, unless there is a statutory retention requirement to the contrary.
13. Place of jurisdiction, applicable law, contract language, other
13.1 Place of performance is the seller's registered office (in 1050 Vienna Austria, Strobachgasse 4/16). The place of jurisdiction is agreed to be the court that has jurisdiction for the seller's registered office. If the customer is a consumer, this place of jurisdiction is only deemed agreed if the customer has her domicile, habitual residence or place of employment in this jurisdiction or if the customer lives abroad.
13.2 Austrian law applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply. For consumers, this choice of law only applies 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 or her habitual residence. (favorability principle)
13.3 The contract language is German.
13.4 If inpidual provisions of the contract with the customer, including these General Terms and Conditions, are or become invalid in whole or in part, this will not affect the validity of the remaining provisions. In contracts with entrepreneurs, the wholly or partially ineffective regulation is replaced by a regulation whose economic success comes as close as possible to that of the ineffective regulation.
