GENERAL TERMS AND CONDITIONS
General terms and conditions
SALOMED Gesellschaft für biologische Medizin GmbH, Alexanderhofstraße 107, A-9872 Millstatt (hereinafter referred to as "SALOMED") offers its customers a service under the name SALOMED Test in which individual nutritional recommendations are created by means of blood analysis. The following General Terms and Conditions also referred to as GTC apply both to the use of the site and to the purchase of the "test" as well as its analysis and evaluation.
PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY. BY VISITING THE SITE OR ORDERING THE SALOMED-TEST, YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR THE SERVICES.
SALOMED" may amend the GTC at any time and such amendments shall also apply to existing contractual relationships. The current version is available on the website www.salomed.com (or will also be sent to consumers on request).
Amendments to the GTCs are permissible vis-à-vis consumers if the amendment is reasonable for the consumer, especially if it is minor and objectively justified. The consumer has the right to object in writing to the amendment of the GTC within one month from the receipt of the notification of the amendment, otherwise the consumer accepts the amended GTC. "SALOMED" shall inform the Consumer separately and before the beginning of the period for the express declaration about this right of objection and the legal consequences that will occur if the objection is not made.
1. Subject matter of the contract:
Customers can order the SALOMED test via the online shop (www.salomed.com), by e-mail or by phone (+43 676 9281721) at a charge. After ordering, the customer receives a blood collection set or a referral slip to a laboratory by post or e-mail with an enclosed invoice. The Customer uses this to have the blood sample taken by his/her family doctor or another person qualified to take blood samples or in a SALOMED partner laboratory and then sends his/her blood sample to a SALOMED partner laboratory at his/her own expense by UN 3373 mail using the addressed return envelope provided by "SALOMED". The UN 3373 label is not required for customers from Switzerland.
By placing an order, customers acknowledge that the SALOMED Test is not a classical scientific analysis, but an empirically developed and practical method for changing diet. By placing an order, customers acknowledge that the SALOMED Test is neither designed nor suitable for testing for allergies, pseudo-allergies or so-called intolerances. In the event of allergies, pseudo-allergies and intolerance reactions to food and drinks, customers bear personal responsibility by not consuming these products and products known to them, even if consumption is permitted or rarely permitted as a result of the SALOMED Test. "SALOMED" will not disclose technical details (including the laboratory values obtained) of the method, but will keep them secret as internal company information.
Since the SALOMED Test is exclusively a medical service, it is exempt from VAT according to § 6 Abs. 1 Z 19 UstG. The SALOMED Test is offered with a profile of 70 food items. The total cost for this is € 300 and is to be transferred to the account of SALOMED Gesellschaft für biologische Medizin GmbH.
Payment for the SALOMED Test is made by invoice in the amount of € 300. The invoice is enclosed with the blood collection kit or the e-mail for the laboratory transfer and is due within 14 days after creation (online shop, e-mail or telephone).
As soon as payment of the bill is 14 days in arrears, the outstanding debt is forwarded to an external debt collection company for further collection. This is associated with considerable additional costs for the customers.
In addition, it is possible to pay for the SALOMED Test in the online shop www.salomed.com via PayPal/credit card.
It is expressly pointed out that timely payment of the invoice is due even if the blood sample has not yet been sent to a SALOMED partner lab or the analysis has not yet been carried out in a SALOMED partner lab.
3. Delivery and shipping:
The blood collection kit for the SALOMED Test will be sent by post. Laboratory referrals to a SALOMED partner laboratory can be made by post or e-mail. The actual result of the SALOMED Test will generally be ready within 1 to 2 weeks after the blood results have arrived at the SALOMED partner lab and can be sent by post or, if specifically requested, by e-mail.
The SALOMED Blood Collection Kit is always sent by Dr. Stephan Schimpf personally. Depending on his respective personal location, which is primarily dependent on a scientific activity, this may be from different addresses, which do not have to be the same as that of SALOMED.
4. Cancellation policy:
It is expressly pointed out that the timely payment of the invoice is due even if the blood sample has not yet been sent to a SALOMED partner laboratory or the analysis has not yet been carried out in a SALOMED partner laboratory.The granted right of withdrawal expires automatically 14 days after the order or prematurely with the sending of the blood sample to a SALOMED partner laboratory or the taking of the blood sample in a SALOMED partner laboratory even if this occurs before the expiry of the 14-day withdrawal period. However, the right of withdrawal expires at the latest 14 days after the paid order even if the blood sample has not yet been sent to a SALOMED partner laboratory or taken in a SALOMED partner laboratory. Here you will find the link to the exact procedure for revocation.
5. Failure to perform and liability:
"SALOMED" operates the website www.salomed.com in accordance with the current state of technical and organisational conditions. "SALOMED" reserves the right to change or, if necessary, to discontinue the site, the SALOMED Test Allocation Form or the services. "SALOMED" uses a secure transmission method (SSL) for the transmission of customer data. This is intended to achieve the highest possible security standard.
"SALOMED" shall not be responsible for any interruptions, malfunctions, deletions, transmission errors or memory failure in connection with the use of Services or communication with the Customer. SALOMED" shall not be liable for any delay or impossibility of performance due to force majeure (e.g. strike, fire, war, theft, etc.) or for reasons beyond the control of "SALOMED" (e.g. as a result of official orders or technical changes). The Customer acknowledges that the Services offered by "SALOMED" are offered with the involvement of third party network operators. The availability of the Services is therefore dependent on the technical provision of third-party network services for which "SALOMED" is not responsible. While "SALOMED" always acts in the interest of its customers, it cannot guarantee the general fitness for use, accuracy and correctness of data or content, functionality or conditions of the Site or Services. "SALOMED" does not warrant that the Site or Services will meet the expectations or requirements of any Customer or will operate uninterruptedly, timely, securely or error-free.
"SALOMED" shall not be liable for any results or events that occur as a result of the Site, the Services or the Content on the Site, or for any errors on the Site or for the correction of any errors on the Site. The Customer understands and agrees that any materials or documents downloaded or opened through the Site or Partner Sites are the Customer's own responsibility and that "SALOMED" shall not be liable in any way for any damage or loss resulting from such actions. No information, whether oral or written, shall create any warranty except as expressly provided. In the event of maintenance work, there may be restrictions on the service offered - the customer shall not be entitled to any claims arising from this.
In general, the liability of "SALOMED" for financial loss shall be limited to cases of intent or gross negligence on the part of "SALOMED" or its vicarious agents. Liability for slight negligence is excluded. The above limitations of liability shall not apply to bodily injury or damage to health attributable to "SALOMED". To the extent that the liability of "SALOMED" is excluded, this shall also apply to its vicarious agents.
"SALOMED" does not guarantee that the services are available and approved in every country outside of Austria. Every customer who obtains services or information from our site does so at his own risk and is responsible for checking the legal requirements of the country in question.
6. Accuracy of information:
"SALOMED" does not warrant that any information, images or graphics, descriptions or other content of the Site is complete, accurate, reliable, secure, updated or error-free.
The Customer will inform "SALOMED" as soon as it becomes aware of any errors, contradictory information or content on the Site or the Services and agrees to the actions and changes made by "SALOMED".
7. Indemnity and hold harmless:
Customers expressly declare that they will fully indemnify and hold "SALOMED" harmless in the event of claims that can be attributed to their activities (e.g. due to incorrect or otherwise unlawful data, unlawfulness in the use of the site, etc.).
This primarily relates to a claim of "SALOMED" resulting from (1) username, content and personal information entered, posted or transmitted by Customers on "SALOMED", (2) Customer's use of the Site or Services, (3) violation of Site rules, (4) Customer's violation of the rights of another person or entity, or (5) viruses, trojans, worms or similar harmful or deleterious programs of Customers.
8. Data protection