Terms and Conditions
§1 General, Scope
1. These general terms and conditions (hereinafter referred to as "GTC") apply to all business relationships between No Carbs, No Glory GmbH (hereinafter referred to as the "Provider") and its customers in the version applicable at the time of concluding the contract. By placing the order, the customer agrees to these GTC and is bound by them.
2. Any deviating general terms and conditions of the customer are rejected.
3. Should any individual provisions of these GTC be invalid in whole or in part due to mandatory statutory regulations (in particular the Consumer Protection Act = KSchG), the remaining provisions of these GTC shall remain valid and unchanged.
4. Customers under §1 (1) include both consumers and entrepreneurs. A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, self-employed, or freelance activity. In contrast, an entrepreneur is a natural or legal person or a legally recognized partnership that orders for commercial, self-employed, or freelance purposes.
§2 Conclusion of the Contract
1. The contract of purchase is concluded with No Carbs, No Glory GmbH.
2. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog.
3. We reserve the right to change the respective service offer at any time.
4. Customers can initially add our products to the shopping cart without obligation and remove them if necessary. By clicking the "Continue to Checkout" button, the customer reaches the checkout page, where they enter all data relevant for shipping and billing and select the desired payment method. By clicking the "Buy Now" button, the ordering process is completed and the order is sent to the provider. Confirmation of receipt of your order is sent by email immediately after submitting the order.
5. Submitting the order in the online shop is a binding offer directed at concluding a contract of purchase for the goods in the shopping cart at the time of submitting the order to the provider. By submitting the order, the customer also recognizes these general terms and conditions as being exclusively decisive for the legal relationship with the provider.
6. The receipt of the customer's order is confirmed by the provider sending a confirmation email. This order confirmation serves merely as information to the customer that the provider has received the order and is therefore not an acceptance of the contract offer by the provider.
7. The declaration of acceptance of the contract offer is made within four days by the delivery of the goods or an express declaration of acceptance.
8. Notwithstanding §2 (7), in the case of purchase by prepayment, the order confirmation also constitutes the acceptance of the contract offer.
§3 Prices
1. The prices listed at the time of ordering apply to the customer's order. All prices stated are gross prices and include the statutory Austrian VAT. Shipping costs are not included in the gross price. These will be charged additionally. Additional costs will be calculated separately.
§4 Payment Terms
1. The following payment methods are available in our shop:
• EPS Sofort Transfer
• Credit card (MasterCard, Visa, American Express)
• PayPal
• Klarna
2. Sofort Transfer
After placing the order, you will be redirected to the website of the online provider SOFORT Transfer. To be able to pay the invoice amount via SOFORT Transfer, you must have an online banking account enabled for participation in SOFORT Transfer, authenticate yourself accordingly, and confirm the payment instruction to us. Further information will be provided during the ordering process. The payment transaction will be carried out immediately afterwards by SOFORT Transfer and your account will be debited.
3. Credit Card
By placing the order, you simultaneously submit your credit card data to us. After your authentication as the rightful cardholder, we will immediately request your credit card company to initiate the payment transaction after the order. The payment transaction will be carried out automatically by the credit card company and your card will be debited.
4. PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your login data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. Further information will be provided during the ordering process.
5. Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
Invoice ("Pay Later"): You can find the Klarna invoice terms and conditions for Germany at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the payment deadline at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna within the scope of initiating and processing the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
Further information about Klarna as well as the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
§5 Delivery Terms
1. In addition to the stated product prices, shipping costs apply. Further details on the amount of the shipping costs can be found in the offers.
2. We only deliver by shipping. Unfortunately, self-collection of the goods is not possible.
3. The provider is entitled to partial deliveries and partial services. The costs incurred thereby will be borne by the provider.
4. Shipping within Austria is carried out by the logistics companies GLS and DPD. The provider ships the goods on business days during opening hours.
5. For all payment methods, the goods leave our warehouse on the following business day.
6. If the customer does not accept the goods, the provider may sell the goods to a third party after a period of two weeks and hold the original customer liable for any loss incurred.
7. Should the goods not be deliverable due to force majeure or product discontinuation, or should the provider not be able to procure the ordered products under reasonable conditions, and should these circumstances arise only after concluding the contract and not be attributable to the provider, the provider shall be released from the obligation to deliver. Should events occur that significantly complicate or make delivery impossible for the provider – for example, strikes, lockouts, governmental orders, or similar – the provider shall not be responsible for delays even in the case of bindingly agreed deadlines and dates.
8. If you exercise your right of withdrawal, you bear the immediate costs of returning the goods.
§6 Transfer of Risk
1. For customers, the risk of unforeseeable destruction and accidental deterioration of the ordered goods passes to the customer or a recipient designated by them upon delivery of the goods. This applies regardless of whether the shipment is insured or not. In all other cases, the risk of unforeseeable destruction and accidental deterioration of the ordered goods passes to the buyer upon delivery, in the case of shipping purchase, upon delivery of the goods to the carrier or the person or institution otherwise designated for the execution of the shipment.
§7 Retention of Title
1. For consumers, we reserve the title to the purchased item until full payment of the invoice amount. If you are an entrepreneur engaged in your commercial or self-employed professional activity, a legal person under public law, or special public-law assets, we reserve the title to the purchased item until all outstanding claims from the business relationship with the orderer have been settled. The corresponding security rights are transferable to third parties.
§8 Due Date
1. Payment of the purchase price is due upon conclusion of the contract.
§9 Warranty/Defects
1. Statutory warranty rules apply. Information on any applicable additional warranties and their exact conditions can be found for each product and on special information pages in the shop.
2. Statutory liability for defects applies to all our products.
§10 Exclusion of Liability
1. Unless otherwise defined or specified below, claims for damages by the customer are excluded. If the customer makes claims against the legal representatives and vicarious agents of the provider, the above exclusion of liability also applies in favor of these representatives and vicarious agents.
2. Claims for damages under §10 (1) are excluded in the following cases:
• In the event of injury to life, body, or health
• In the case of warranty promises, insofar as agreed
• In the case of intentional or grossly negligent breach of duty
• In the case of breach of essential contractual obligations
Essential contractual obligations are understood as those whose fulfillment is necessary to achieve the purpose of the contract. As an example, the free delivery of the item from the provider to the customer and the transfer of ownership thereof, free of material and legal defects, may be cited.
§11 Choice of Law & Jurisdiction
1. The law of the Republic of Austria applies to the contractual relationships between the provider and the customer. This choice of law excludes the mandatory consumer protection provisions of the country where the customer has their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal person under public law, or special public-law assets.
§12 Notice of Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without stating reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods or has done so.
To exercise your right of withdrawal, you must inform us:
No Carbs, No Glory GmbH
Waldgasse 3
2120 Wolkersdorf, Austria
Email: office@nocarbsnoglory.com
by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, although it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we will refund you all payments we have received from you, including shipping costs (with the exception of additional costs resulting from the fact that you chose a different type of delivery than the cheapest standard delivery offered by us), immediately and in any event within fourteen days from the day on which the notification of your withdrawal from this contract was received by us. For this refund, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this refund. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event within fourteen days from the day on which you notify us of the withdrawal from this contract. The goods must be in their original condition (unopened). The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the immediate costs of returning the goods. You only have to bear any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary to check the condition, properties, and functionality of the goods.
§13 Sample Withdrawal Form
If you wish to withdraw from the contract of purchase, please fill out this form and send it back either by letter or email.
To:
No Carbs, No Glory GmbH
Waldgasse 3
2120 Wolkersdorf, Austria
Email: office@nocarbsnoglory.com
I/we hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*) ______________________________
– Name of the consumer(s): ______________________________
– Address of the consumer(s):
First and last name: _____________________________
Street, house number: ______________________________
Postal code, city: ______________________________
– Signature of the consumer(s):
Date: ___________________ Signature: _______________________________
(*) Strike out as inapplicable.
§14 Data Protection
1. The provisions of our privacy policy apply to data protection
§15 Miscellaneous
1. The customer is obliged to immediately notify us in writing of any changes to their name, address, or a change of residence. If the customer does not do so, they will be liable for damages, and any written communication and delivery sent to the last known address of the customer will be deemed sufficient for the requirements of valid delivery.
§16 Severability Clause
1. Should any provision of these general terms and conditions be invalid, the validity of the remaining provisions shall not be affected.
No Carbs, No Glory GmbH
Waldgasse 3
2120 Wolkersdorf
Austria
You can reach our customer service from MON to FRI by email at
office@nocarbsnoglory.com
As of December 2024
Alternative dispute resolution according to Art. 14 (1) of the ODR Regulation and § 36 VSBG:
The European Commission provides an online dispute resolution (ODR) platform, which you can find at https://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board, nor are we willing to do so.
