General terms and conditions

DIAN Medical GmbH for purchase contracts concluded between it and the customer via the webshop www.flow-flex.com, as amended on 11 March 2022.

1. scope, applicable language

Subject to individual agreements and arrangements which take precedence over these GTC, the following GTC in the version valid at the time of the order shall apply exclusively to the business relationship between us and our customers. Conflicting terms and conditions of the customer shall not apply unless we agree to their validity in advance and expressly in writing.

The German language shall be deemed agreed as the language of the contract, order and business.

Due to legal regulations on the mail order business with prescription and prescription-only medicines, we do not accept orders for prescription and prescription-only medicines without exception. Orders for medicinal products are only permitted within the scope of normal personal needs.

2 Conclusion of the contract
The presentation of the products in the online shop www.flow-flex.com does not constitute a legally binding offer on our part, but a non-binding online catalogue. By clicking on the button "Order subject to payment", you place a binding order for the goods contained in the shopping basket at that time. Confirmation of receipt of your order, together with acceptance of the order, will be sent immediately after submission by an automated e-mail entitled "Order confirmation" with the subject line "Your Flowflex order has been received! ". The purchase contract is only concluded with this e-mail confirmation.

Theordering process comprises a total of four steps:
In the first step, you select the desired items in the webshop and place them in your shopping cart. In the second step (after clicking on the button "Proceedto checkout") you enter your customer data including billing address and, if applicable, different delivery address in the corresponding forms. In the third step you choose how you would like to pay for your purchase (payment methods purchase on account, PayPal, credit cards EuroCard or Visa as well as instant transfer/online banking). The choices may vary depending on the country you specify as your billing address. In the fourth step, you should check all your details (e.g. name, address, payment method, ordered items or their quantity) again and correct them if necessary before you send us your binding order by clicking on the "Order subject to payment" button.

We reserve the right to exclude prospective buyers from delivery in individual cases due to pharmaceutical concerns. We further reserve the right to deliver to end consumers only in quantities customary in the trade due to our obligation to prevent the misuse of medicines and to reduce the order accordingly if necessary. The same applies to quota items that we offer as part of promotional offers.

We reserve the right not to process orders from persons who have provided incomplete or incorrect data - e.g. an invalid telephone number or an incorrect e-mail address - when registering.

3. storage of the contract text
We store the contract text of the customer order. We will also send you an order confirmation with all order data and the current "General Terms and Conditions" as a PDF attachment to the e-mail address you have provided in order to permanently store the data of your order. To print out the contract text if necessary, simply open the PDF attachment in the order confirmation email and print out the PDF.

4. retention of title
The delivered goods remain our property until full payment of all claims.

5. prices, shipping costs
All currency information on this website refers to EURO (€), we invoice all services in EURO. We also provide information about some of our articles on price comparison platforms. In case of differences (e.g. caused by rounding errors, legal VAT regulations*) between the information shown there and the information in this webshop, the latter shall apply in any case. The offers listed are only valid in the context of a purchase and delivery via our webshop.

*Due to legal and tax regulations, we are obliged to charge the German tax rates to customers with a shipping address in Germany. The base price remains the same, only the respective sales tax changes. The same applies to other EU countries with different tax rates to which we deliver.

The following prices apply for delivery:

The packaging and shipping costs listed with the offered item apply when purchasing a single quantity unit. The price for packaging and shipping is always calculated by weight, unless otherwise stated. The current valid packaging and shipping costs are 4.9€ for shipping within Austria and free shipping to the remaining EU countries.

6. delivery periods and delay
DIAN Medical GmbH shall deliver all orders without unnecessary delay. In principle, the delivery periods on the respective product pages shall apply.

7. cancellation policy (right of withdrawal, withdrawal period, cancellation policy)

The following information only applies if the customer is a consumer within the meaning of § 1 of the Consumer Protection Act (KSchG), i.e. the order is not attributable to a commercial or independent professional activity of the customer.

You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

In order to exercise your right of withdrawal, you must inform us - DIAN Medical GmbH, Gersthoferstraße 11/13, 1180 Vienna - by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract.
You can use the model withdrawal form enclosed with the GTC below for this purpose.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back.
You must return the goods to DIAN Medical GmbH, Gersthoferstraße 11/13, 1180 Vienna , without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you demonstrably send the goods before the expiry of the period of fourteen days.

Costs of return
You do not bear any costs for the return of goods when using the return option of the logistics company suggested by us.

Loss of value of returned goods due to handling that reduces their value
You only have to pay for any loss of value of returned goods if this loss of value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Exceptions to the right of withdrawal
You do not have the right to withdraw from contracts for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.

Sample cancellation form
If you wish to cancel the contract, please complete and return this form.

- To: DIAN Medical GmbH, Gersthoferstraße 11/13, 1180 Vienna,
E-mail address: office@flow-flex.com

- I/we (*) hereby revoke 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)
- Signature of the consumer(s) (only in the case of communication on paper)
- Date
_______________
(*) Please delete where inapplicable.

Subject matter of the contract, quality, availability of goods
The subject matter of the contract are the goods specified by the customer within the scope of the order and stated in the order and/or order confirmation at the final prices stated in the web shop at the time of the order. Errors and omissions there are excepted, especially with regard to the availability of goods. Any price reductions after an order has been placed at a specific price cannot be taken into account in retrospect under any circumstances.

The quality of the ordered goods is determined by the product descriptions in the web shop. Illustrations on the website are symbolic photos; they may only inaccurately reflect the appearance and condition of the products; colours in particular may differ considerably for technical reasons (display on different output media, screens). The packaging of otherwise identical articles may look different in different European countries; the description of the characteristics of an article is decisive in each case. We cannot exclude the possibility that customers from different countries may see pictures that are not intended for products for customers in the respective country. Technical data, descriptions of weight, dimensions and performance are given as precisely as possible, but may show the usual deviations. The characteristics described here do not constitute defects in the products supplied by us.

If no copies of the product selected by the customer are available at the time of the customer's order, we will inform the customer of this in the order confirmation. If the product is permanently not available, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

Sales promotions, loyalty passes and the like initiated unilaterally by the manufacturer or wholesaler cannot be redeemed via the www.flow-flex.com online shop.
If the product designated by the customer in the order is only temporarily unavailable, we shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, we shall also be entitled to withdraw from the contract. In this case, any payment already made by the customer will be refunded immediately.

8. delivery

Delivery is only possible in Austria, Germany, Italy and France. For orders from other EU countries, please contact us by e-mail (office@flow-flex.com). Delivery is made by sending the goods to the address provided by the customer against the stated packaging and shipping costs. If the customer wishes a special type of shipment, which is associated with additional costs, he has to bear these. The total delivery time consists of the handling time (preparation and packaging of the goods from the order confirmation by DIAN Medical GmbH) and the transport time by the transport company commissioned by DIAN Medical GmbH. The handling time is 1 to 3 working days and begins with the order confirmation to the customer.

The transport time within Austria is usually 2 to 3 working days and begins with the handover of the goods to the transport company commissioned by DIAN Medical GmbH. For deliveries to Germany, Italy, France, the transport time is usually up to 3 to 5 working days and begins with the handover of the goods to the transport company commissioned by DIAN Medical GmbH. In the event of delays in delivery, e.g. due to force majeure or traffic disruptions as well as other events for which the online shop is not responsible, no claim for damages can be made against us.

Transport risk regulation:
The risk of damage to or loss of the goods shall only pass to the customer (or a third party designated by the customer) upon delivery to the customer, provided that the customer is a consumer within the meaning of the KSchG. Partial deliveries are permissible if the goods are not immediately available and cannot be procured at short notice with reasonable effort.
If, however, the customer has concluded the contract of carriage himself/herself without making use of a selection option suggested by us, the risk shall pass as soon as the goods are handed over to the carrier. Unless the consumer had made use of a selection option suggested by us in writing - in this case the risk of loss would remain unchanged with DIAN Medical GmbH, Gersthoferstraße 11/15, 1180 Vienna.

10 Payment methods, default, reminder procedure, offsetting ban, credit check
Customers can choose to pay for their purchase by credit card, PayPal, Sofort Überweisung, Apple Pay or Google Pay. The selection of the different payment methods depends on the selected country of your billing address.
The credit card and online bank transfer payment methods are processed via an integrated payment module. If you choose the payment method PayPal, Apple Pay or Google Pay, the SSL-secured forwarding takes place directly to the respective provider.

Selected payment method and debit of your respective account:
PayPal, Apple Pay, Google Pay: The respective account will be debited immediately ("in real time") after completion of the payment transaction - the terms and conditions of the provider apply.
Credit Card: Your respective credit card account will be charged immediately after the payment transaction is completed - the terms and conditions of the respective credit card companies apply.
Instant Bank Transfer: Your bank account will be debited immediately upon completion of the payment process - the terms and conditions of the respective banking institution apply.

In the event of late payment, interest on arrears of 4 % p.a. will be charged in addition to reminder and collection costs. Details on the expenses of the collection agency and the entire legal regulation for maximum rates of remuneration due to collection agencies, in the respective current version, can be found here (external link)
Please pay particular attention to § 3, where you will find the amount of the expenses in relation to the respective outstanding claim.
The customer may only offset counterclaims that have been established by a court of law, are undisputed or have been recognised by us in writing.
The customer may only exercise a right of retention if the underlying claims arise from the same contractual relationship. § ZZ Retention of title; set-off; right of retention

(1) In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain ownership of the purchased item until all outstanding claims from the business relationship with you have been settled. The corresponding security rights are transferable to third parties. Extraordinary dispositions such as pledging or transfer by way of security are not permitted. In the event that the reserved goods are processed, mixed or combined with other material, we shall acquire co-ownership of the resulting products in the ratio of the value of the reserved goods to that of the other material. In the event of seizure of the goods subject to retention of title, you must inform us immediately and support us in securing our rights as well as reimburse us for all costs incurred in this respect, in particular those in connection with an objection process.

(2) You shall only have the right to offset if your counterclaims have been legally established or are undisputed or acknowledged by us or if there is insolvency on our part. Consumers also have the option of offsetting with counterclaims that are legally related to the consumer's liability. Furthermore, offsetting on your part is excluded. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.

(3) If the customer is in default with any payment obligations towards us, all existing claims against him shall become due immediately.

YY Retention of title; set-off; right of retention

(1) In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties.

(2) You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.

(3) If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.

11 Warranty
The warranty period for goods delivered to entrepreneurs is 12 months. The statutory warranty period applies to consumers.
If a right to warranty exists as a result of a defect, DIAN Medical GmbH undertakes to initially exchange the goods due to the nature of the item. If replacement or improvement is out of the question (not possible, too much effort, unreasonable, delay), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (redhibitory action). Compensation for consequential (defect) damage, as well as other property damage, financial loss and damage to third parties against the customer, insofar as it is not a consumer transaction, is excluded.

Defects that occur are to be notified as far as possible upon delivery or after they become visible, whereby failure to notify us upon delivery or after they become visible by a consumer has no influence on the consumer's warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found.

If a claim is made under the warranty, the item to be returned must be sent back with sufficient postage. Unfree returns cannot be accepted. In the event of a justified defect, DIAN Medical GmbH will reimburse the shipping costs.
For clear identification, allocation and processing of the subsequent delivery, a copy of the invoice or a letter stating the customer and invoice number must be enclosed.
No claims for damages shall arise against DIAN Medical GmbH from a defect if the cause of the damage is not based on intent or gross negligence.

12 Data protection
Our data protection declaration, which is available on this website, is part of the contract.

13 Applicable law, place of jurisdiction

The contracting parties agree on the application of Austrian law. If the consumer has his domicile or habitual residence in Austria or if he is employed in Austria, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established for an action against him; this does not apply to legal disputes that have already arisen. The UN Sales Convention and all provisions relating to the UN Sales Convention are expressly excluded. For contracts with companies, our registered office (Vienna, Austria) is agreed as the place of jurisdiction.

14 Exclusion ofliability
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by us. It shall be ensured that the ordered goods are stored and transported at room temperature throughout the entire transport route. After delivery of the product, the consumer is responsible for the proper storage of the product.

Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. We are therefore liable neither for the constant and uninterrupted availability of the online trading system nor for technical and electronic errors over which we have no control, in particular not for the delayed processing of orders.

15. arbitration board
We undertake to participate in the arbitration procedure of the Internet Ombudsman's Office in the event of disputes:
https://www.ombudsstelle.at

More information on the types of proceedings at www.ombudsstelle.at.
For the settlement of disputes with our company, the OS platform
can also be used: https://ec.europa.eu/consumers/odr

Contact details:
E-mail address: office@flow-flex.com,
Shareholder and licensee: Mag. pharm. Christoph Splichal,
Last change to these General Terms and Conditions: 11.03.2021