General Terms and Conditions of TADRO GmbH
Stand:
These Terms and Conditions apply to sales of goods by TADRO GmbH, Arnikaweg 37, 1220 Vienna, Austria, company register number FN 660954t, Commercial Court of Vienna, VAT ID ATU82492036, email office@tadro.at, Telefon +43 699 17279638 (“TADRO”), through its online shop and to business orders accepted by TADRO on the basis of a quotation. Individually agreed terms take precedence.
A consumer is a person acting for purposes outside their business activity. A business customer is a person acting in the course of business. Provisions marked “business customers only” do not apply to consumers.
Distribution, exclusivity, private label and export agreements outside the EU are covered by these Terms only if expressly agreed. A business customer's conflicting terms apply only if TADRO expressly accepts them.
Products displayed in the online shop are an invitation to place an order, rather than a binding offer to sell. Customers can place goods in the cart and review and correct their information, including delivery address, shipping method, payment method and total price, before submitting an order. By activating the button clearly indicating an obligation to pay, the customer makes a binding offer to purchase the goods in the cart.
An automatic acknowledgement confirms receipt of the order only. The contract is formed when TADRO expressly accepts the order, sends a dispatch confirmation or dispatches the goods. Processing a payment alone does not constitute acceptance. If TADRO cannot accept an order, for example because goods are unavailable, TADRO will inform the customer without undue delay and promptly refund any amount already collected through the original payment method, unless otherwise agreed.
For orders placed outside the online shop, the contract is formed when TADRO accepts the quotation or order. The goods, quantities, prices and delivery terms confirmed in that acceptance govern the contract.
The contract language is German or, where the checkout and contractual information are offered in English, English. Customers should provide a correct email address and enable receipt of messages concerning the contract. Order confirmation and the information required by law, including these Terms and the Withdrawal Information, are provided on a durable medium, usually by email. Statutory rules on when declarations are received remain unaffected.
The description and labelling of the goods ordered apply. Availability information is subject to actual stock when the order is accepted. Food supplements are food products, not medicines. Customers should follow the directions for use, storage instructions and warnings on the product. Anyone with questions about ingredients, allergens or potential interactions with medicines should seek professional advice before use.
Product information and usage guidance do not restrict statutory remedies for defective goods or damages.
Consumer prices in the online shop are total prices including applicable VAT. Delivery charges and any other additional costs are shown before the order is placed. Available payment methods, when payment is due and their terms are displayed during checkout. External payment providers may have their own terms for their services; statutory claims against TADRO remain unaffected. Any payment-method surcharge is charged only if permitted by law and disclosed in advance.
For business customers, the prices and payment terms stated in the quotation or order confirmation apply. Unless stated otherwise, business prices exclude applicable VAT and separately stated delivery charges. Payment periods, discounts and payment methods require express agreement.
TADRO delivers to the address provided by the customer in the EU countries shown as available at checkout or expressly agreed with the customer. The delivery time stated before the order is placed applies. Where items have different delivery times, they may be delivered together according to the longer delivery time if this was clear before the order or is agreed. TADRO will inform the customer without undue delay of a foreseeable delay. Statutory rights in the event of late delivery remain unaffected. Partial deliveries are made only where reasonable and without additional cost to consumers.
If delivery fails because the customer provided an incorrect or incomplete address for which they are responsible, or because the customer is actually in default of acceptance, TADRO may claim only the resulting necessary and reasonable additional costs under applicable law. A single unsuccessful delivery attempt without an agreed delivery time does not in itself establish default of acceptance. Statutory rights following a valid withdrawal remain unaffected.
For consumers, the risk of accidental loss or damage generally passes when the consumer, or a third party named by the consumer other than the carrier, receives the goods. A statutory exception applies where the consumer independently appoints a carrier not offered by TADRO.
Business customers only: Risk passes when the goods are handed to the first carrier, unless otherwise expressly agreed. Agreed Incoterms or specific delivery terms take precedence.
The goods remain TADRO's property until the purchase price for those goods is paid in full. Any additional security rights against business customers require a separate agreement.
Consumers generally have a statutory 14-day right to withdraw from distance contracts. The full withdrawal information, applicable statutory exceptions and model withdrawal form are available on the separate “Withdrawal and returns” page and are supplied with the contract confirmation where required by law. A withdrawal can also be declared by letter or email to TADRO. For contracts concluded through an online interface, the “Withdraw from contract” function displayed there is available during the withdrawal period.
Consumers bear the direct cost of returning goods that can be sent by parcel post following withdrawal if TADRO informed them of this before the contract was concluded. The right of withdrawal ceases for goods supplied sealed that are unsuitable for return for reasons of health protection or hygiene after the seal is removed, if the seal was removed after delivery. Merely opening the outer shipping carton does not satisfy that exception. Further details on return shipping, voluntary returns and shipping damage are set out on the separate “Returns and Return Shipping” page. Statutory rights relating to defective goods remain unaffected.
Business customers only: There is no statutory right of withdrawal under the Austrian Distance and Off-Premises Contracts Act. Returns of non-defective goods require express agreement.
Consumers have the statutory rights relating to non-conforming goods, including under the Austrian Consumer Warranty Act. These rights are not restricted by a voluntary guarantee, product information or a failure to report a defect immediately. Any manufacturer's guarantee is additional and is governed by its own terms. Where a consumer has a valid claim, any necessary repair, replacement or collection of defective goods is handled free of charge in accordance with the law.
Customers are asked to report visible damage or incorrect deliveries as soon as reasonably possible to office@tadro.at and, where practicable, provide photos of the goods and shipping package. For delivery to consumers arranged by TADRO, TADRO handles any claim against the carrier itself. Reporting to the carrier or within a particular period is not a condition of statutory consumer rights.
Business customers only: Statutory warranty rules and the duty to inspect and notify under section 377 of the Austrian Commercial Code apply where relevant. A particular product characteristic or durability guarantee applies only if expressly promised by TADRO.
TADRO is liable in accordance with applicable law. Claims for personal injury, intentional or grossly negligent harm, claims under product liability law and mandatory consumer rights remain unaffected. Liability for harm caused solely by demonstrably improper use contrary to clear product instructions and warnings is determined under general law; this is not a blanket exclusion of liability.
Information on the processing of personal data is set out in the separate privacy notice on the website. That notice is not part of these Terms.
Austrian law applies. For consumers, this choice does not deprive them of the protection of mandatory laws of the country of their habitual residence where applicable conflict-of-law rules provide that protection. Statutory rules on jurisdiction apply to consumer claims.
Business customers only: The UN Convention on Contracts for the International Sale of Goods is excluded. The competent court in Vienna has exclusive jurisdiction over disputes arising from the contractual relationship, to the extent such an agreement is permitted by law.
Changes to these Terms apply only to future contracts if validly incorporated before each contract is concluded. Publishing new Terms does not amend existing contracts. If any provision is invalid, the applicable statutory rule applies in its place; the remaining provisions are unaffected.
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