Allgemeine Geschäftsbedingungen
1. Introduction
1.1 Great that you are reading these General Terms and Conditions ("GTCs"), seeing as they apply to and govern:
- i) the use of our website(s) when it comes to ordering / buying products, every one of our (i.e., AUROTEA's) offers, and every Agreement (hereinafter 'distance contracts' are included in the definition of 'Agreement' – see definitions), in relation to and/or realised and/or concluded via our webshop; and
- ii) any and all of our other interactions, business relations and collaborations with you (Consumer), no matter how they were established in the Territory.
1.2 Therefore, please read these GTCs carefully and ensure that you understand them before placing any order / ordering any products from the webshop (the word 'website' is included in the word 'webshop', and vice versa), and thus before entering into an Agreement. Placing any order and purchasing any products from the webshop means that you (Consumer) agree to these GTCs.
2. Definitions and Interpretation
2.1.1 Agreement: once you accept an offer verbally, digitally and/or in writing, based on which AUROTEA is expected to render its services and/or send you its products, the offer together with these GTCs and any other applicable (privacy) policies, order confirmation and/or other documentation AUROTEA has sent you regarding its services/products, constitute a binding legal agreement between you and AUROTEA.
2.1.5 Consumer: the natural person who is not acting in the exercise of a profession, craft, professional activities or other business and (whether or not) enters into a distance contract and/or Agreement with the entrepreneur.
2.1.8 AUROTEA: the limited liability company "Health Essence Ltd", registered at Centris Business Gateway, Level 2M, Triq Is-Salib Tal-Imriehel, Central Business District, Zone 3, Birkirkara CBD3020, Malta, and at the Chamber of Commerce; VAT-number MT31649218, and all its (in)direct affiliates, in whichever country those might be incorporated.
2.1.9 Territory: worldwide.
3. Applicable Version
3.1 These GTCs will be made available to Consumer prior to an Agreement being concluded. If this is not reasonably possible prior to the Agreement being concluded, AUROTEA will state the manner in which the GTCs can be consulted and that they can be sent as soon as possible, free of charge, at the Consumer's request.
3.2 If the Agreement is entered into electronically, it may be that, in divergence from the preceding Clause and before the Agreement is entered into, the text of these GTCs can be made available to the Consumer by electronic means in such a way that it can be stored by the Consumer in a simple manner on a durable medium.
3.3 The version of the GTCs valid at the time of conclusion of an Agreement are applicable. Deviating terms and conditions of the Consumer are expressly excluded in all cases.
4. Non-applicability GTCs
4.1 These GTCs are intended for Consumers and not for professional buyers and other professional parties / entities (distribution parties / resellers). If you are not a Consumer or wish to buy / request services and products for trade, please contact AUROTEA.
4.2 For the avoidance of doubt, different general terms and conditions will apply to orders and purchases made by professional buyers (e.g., corporate entities, distribution parties and resellers).
5. General Remarks
5.1 It's important to mention that although AUROTEA believes in its product(s), AUROTEA cannot guarantee any results seeing as each person's body, habits and lifestyle is and/or are different. Therefore, AUROTEA will never explicitly say that it guarantees results.
6. Lawful Usage & Third Party Links
6.1 AUROTEA's website(s) may only be used for lawful purposes and in a lawful manner. Consumer agrees to comply with all applicable laws, statutes and guidelines relating to the website and its use. Consumer undertakes to refrain from:
- Uploading or transmitting computer viruses, Trojans, worms, logic bombs or the like via the website that would interrupt, impair or stop the normal operation of a computer;
- Uploading or transmitting via the website any material containing defamation, insult or profanity;
- Attempting to gain unauthorized access to our website, to the server on which our website is stored or to servers, computers or databases connected to our website.
6.4 AUROTEA's website(s) may also contain links to other websites or materials that are beyond its control. AUROTEA is not responsible for (the content of) such websites or materials.
7. Availability & Offer
Even though AUROTEA uses its best efforts to keep the information on its website accurate and up-to-date, Consumer understands and acknowledges that the website may not always reflect the current availability of the products. Offers are subject to availability.
8. Pricing & Payment
All prices listed on the website include applicable VAT, unless explicitly stated otherwise. Payment must be made via the methods offered in the checkout. AUROTEA reserves the right to change prices at any time, but the price applicable at the time of order will apply to that order.
9. Delivery
AUROTEA will use its best efforts to deliver products within the delivery period stated in the offer or order confirmation. The risk of damage and/or loss of products is transferred to the Consumer at the moment of delivery.
10. Right of Withdrawal
The Consumer has the right to withdraw from the Agreement within 14 days, without giving any reason. The withdrawal period expires 14 days after the day on which the Consumer (or a third party indicated by the Consumer, other than the carrier) acquires physical possession of the products. Please refer to our Rückgabe page for the practical procedure.
11. Liability
AUROTEA's liability towards the Consumer is limited to the value of the order placed by the Consumer. AUROTEA is not liable for any indirect or consequential damages.
12. Applicable Law & Disputes
These GTCs and any Agreement entered into pursuant to them are governed by the laws of Malta. Any dispute arising in connection with these GTCs or an Agreement will be brought before the competent court in Malta, without prejudice to any mandatory consumer protection provisions.
Full version on request — contact us via the contact form.