Terms of service

Version: June 08, 2022 | You may contact us for previous versions of the Privacy Policy. Welcome to the Vitamed GmbH, https://vitamed.at (the “Website“), managed by Vitamed GMBH, UID-Nr. ATU77196936; FN 562983t, based in Austria. Vitamed GmbH shall be referred to in this Terms of Service as the “Company” or “We” in all forms.

The Company produces, sells, and distributes dietary supplements to help people in Austria and Germany live healthier lives (the “Products”).

The use of the Website, including its Content, the Product Order service, and other services (all as defined here and below; together, the “Services”), is subject to these Terms of Service (the “Terms”), which constitute a binding legal agreement between you (the “User” or “you” in all forms) and the Company. By using the Website and placing an order, you agree to these Terms, including our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you are not permitted to make use of the Website and/or the Services.

You may use the Website and Services only if you comply with all the following conditions: (a) you are 18 years-old or older; (b) you are competent to take legally binding actions including agreeing to these Terms and our Privacy Policy; (c) You are have your own valid national ID, email address and credit card. If you do not comply with these conditions, please do not use the Website or the Services.

1. Use of the Website

1.1 The use of the Website and Services is intended for your private and personal purposes only, and you certify that you shall not resell the Products or Services or make orders for others, and will have no claim against the Company with regard to the use of the Website and Services, or reliance upon the Content (as defined below) presented on the Website.

1.2 You are solely and fully responsible for any use you make of the Website, Services, and Content, and any decision you take based on the Content of the Website.

1.3 You are aware that our Products are not intended to diagnose, treat, cure, or prevent any disease. Results will vary from one person to another and there is no guarantee of specific results. We recommend consulting your doctor or your primary healthcare provider before using our Products, especially if you’re taking any medications, pregnant, or nursing. The information contained in the Website is provided for general informational purposes only. It is not intended as and should not be relied upon as medical advice. The information may not apply to you, and before you use any of the information provided in the Website, you should contact a qualified medical, dietary, fitness, or another appropriate professional. If you utilize any information provided in this Website, you do so at your own risk, and you specifically waive any right to make any claim against the Company for the result of the use of such information.

1.4 You are also aware that the photos on the Website are presented for illustration only and that there might be differences between images on the Website (for example Product packages) and their appearance in reality.

2. Privacy and Data Protection

By using the Website and Services, you agree to the Company’s Privacy Policy, which is a part of these Terms, available at https://vitamed.at/privacy-policy/ (the “Privacy Policy”), and to the processing of your personal data, also for direct marketing purposes. Please read the Privacy Policy carefully. You specifically agree to receive any communication from the Company, including emails, SMSs, and newsletters of promotional nature. You can always opt-out from Direct Marketing by unsubscribing yourself through links on any communication from us or by contacting us at vitamedgmbh@gmail.com and notifying us accordingly.

3. Content on the Website, Copyright and Trademarks

3.1 The Website includes information of various sorts and categories, including verbal, visual, or audio content or any combination of them, as well as their design, processing, editing, dissemination and means of presentation, including texts, pictures, photographs, images, drawings, animations, video clips, charts, simulations, files, software, applications, symbols and icons (the “Content”).

3.2 CuraLife, CuraLin, and other Products and Services names are registered trademarks of the Company and/or its affiliates. All copyrights, trademarks and intellectual property rights regarding the Content and Services on the Website are the exclusive property of the Company, or of third-parties who granted the Company authorization to use them. The Content is protected by copyright under Austrian and foreign laws. Title to the Content remains with the Company.

3.3 Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated in these Terms, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of the Company or its licensors. The Company authorizes you to view and download a single copy of the Content solely for your own lawful, personal, non-commercial use. Any specific rules for the use of other items provided on the Website are incorporated into these Terms by reference. The use of the Content on any other website or environment for any purpose is prohibited.

3.4 All rights not expressly granted in these Terms are reserved to the Company and its licensors. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

3.5 You may not, without the Company’s written permission, “mirror” any Content of the Website on any other server. You may not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or the Company, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means. You are not allowed to make any changes to the Website, or to copy, disseminate, broadcast, present, duplicate, publish, and create derivative works, or to sell any item originating in the Content or the Website.

3.6 The Company reserves the right, in its sole discretion, to terminate your access to the Website, at any time, for any reason or for no reason at all, without prior or other notice.

3.7 The Company reserves the right (but not the obligation) to remove any Content from the Website and discontinue any of the Services, at its sole discretion and without notice.

3.8 The Company shall not be held liable for the Content and nature of the information displayed and published on the Website, and you will have no claims and/or demands against the Company in this respect.

3.9 Without derogating from the above, the Company does not undertake that the Content on the Website, and especially Content by third-parties, is complete, correct, accurate, or suited to your needs, purposes, or expectations.

3.10 Copyright complaints – we respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Website where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please send such notice and all materials to our address below.

4. Links to Other Websites

The Website contains links to other websites on the Internet that are owned and operated by third-parties. We do not control the information, products or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. We have no control over such websites and third-parties, so you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third-parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third-party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

5. Your Content and Your Conduct

5.1 All information you submit to, or post on, the Website or provide to the Company otherwise (a “User Communication”) — for example a blog, Product review, testimonial, message, or comment — is governed by our Privacy Policy.

5.2 You agree that you will not make any User Communication that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of any local, state, national, federal, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any User Communication that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a User Communication unrelated to the topic being discussed; (c) post a chain letter, pyramid scheme, or impersonate another person; (d) post the same note more than once or “spamming”; or (e) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website or Services, or which, in the judgment of the Company, exposes us or any of our licensors, partners, or customers to any liability or detriment of any type.

5.3 By making a User Communication, you agree that such User Communication is non-confidential, non-proprietary, and may be disseminated or used by the Company according to these Terms and the Privacy Policy. If you make a User Communication, you automatically grant – or warrant that the owner of such content has expressly granted – the Company a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Communication in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, the Company is not required to use any User Communication.

5.4 You are solely responsible for your User Communication, the consequences of making a User Communication, and your reliance on any User Communication. The Company is not responsible for the consequences of any User Communication. The Company is not responsible for screening or monitoring Communications made to the Website by Users. If notified by a user of a User Communication allegedly in violation of these Terms or Privacy Policy, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove such User Communication. The Company will have no liability or responsibility to Users for performance or nonperformance of such activities.

5.5 In your use of the Website and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use malware, of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other “hidden text” utilizing the Company’s name, trademarks, or Product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or Services; or (xi) assist any third party in engaging in any activity prohibited by these Terms.

5.6 The Company reserves the right (but is not obligated) to: (a) monitor and record the dialogue on the Website and Services; (b) investigate an allegation that a User Communication or user conduct does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Communication; (c) remove User Communications that are abusive, illegal, disruptive, or outdated, or otherwise fail to comply with these Terms; (d) terminate a user's access to any or all parts of the Website upon any breach of these Terms or the law; (e) monitor, edit, or disclose any User Communication; or (f) edit or delete any User Communication posted on the Website, regardless of whether such User Communication violates these Terms.

6. Ordering Products

6.1 Accuracy of Information. We attempt to ensure that the information about Products on the Website is accurate. However, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, Content, promotions, Product descriptions or specifications, or other information on the Website, without any prior notice.

6.2 Placing Orders for Products. You may order products from the Website by submitting a completed order form through the checkout process. We will confirm acceptance of your order by email to the email address you have given, and the sending of this email (whether or not it is received) forms the acceptance of your order and the formal contract between us regarding your purchase.

6.3 Price and Payment. The price of the Products will be the price quoted on the Website at the time we accept your order. The price will include any applicable value added tax and sales tax, but not the cost of delivery. Occasionally, items may be erroneously mispriced. In this event we will either contact you to ask whether you wish to cancel the order or cancel the order and notify you accordingly, at our sole discretion. We are under no obligation to supply Products at the incorrect price. Payment is made by credit card (from one of several credit card networks we accept) at the time we accept your order.

6.4 Refer a Friend Program. CuraLife’s Refer a Friend program exists to encourage satisfied customers to recommend that others try CuraLin as well. The program is intended to reward existing customers for referring people not yet using CuraLin (prospective customers). CuraLife may at any time, and without notice, change the reward structure of the Refer a Friend program. CuraLife does not allow for the abuse or misuse of the Refer a Friend Program. Examples of program abuse include, but are not limited to, referring one's self using one's true identity or by using a pseudonym, successfully referring another person more than once using their true identity or a by using a pseudonym, or using multiple referrals within the same household. CuraLife reserves the right to audit Refer a Friend activity and take corrective action for suspected program abuse and misuse, including but not limited to, not honoring rewards for referrals or referral purchases, contacting the referrer or customer about the suspected abuse, or closing the user's Refer a Friend account without notice. This program is not intended for resellers, and units redeemed through this program may not be resold.

6.5 Loyalty Program. CuraLife’s Loyalty program is intended to reward existing customers and community members for interacting with, sharing posts from, and buying from CuraLife. Only one Loyalty Program account may exist per person. CuraLife may at any time, and without notice, change the reward structure of the Loyalty program. CuraLife reserves the right to audit Loyalty Program accounts and activity, and take corrective action for suspected program abuse and misuse, including but not limited to, not honoring rewards for actions taken, contacting the Loyalty Program member about the suspected abuse, or closing the member's account without notice. This program is not intended for resellers, and units redeemed through this program may not be resold. Any points earned through the Loyalty program will expire on a rolling basis after 1 year of inactivity.

7. Product Delivery

7.1 Delivery for Free. For all orders placed in Austria and Germany, we provide our free default shipping option, which takes about 2 to 7 business days for delivery.

7.2 Delivery Time. Following receipt of the payment, including any applicable delivery costs, we will arrange for delivery of the Products you ordered to the address you specified on checkout, according the method of delivery you selected. From the time of the order, we may require up to 3 business days for order processing before shipping or dispatching the delivery. Shipping price will depend on the weight of the Products ordered and their package and is calculated automatically at checkout. Large orders and multi-box orders may require a custom shipping configuration and/or pricing, and in such cases we would contact you requiring your approval and payment for the delivery costs before delivering your order. CuraLife will make every attempt to deliver your order within 31 business days from the confirmation and acceptance of the order, but will not be liable for delays in delivery due to the fault of postal services and delivery companies.

7.4 Failed Delivery. If you do not accept your order upon delivery or fail to supply adequate delivery instructions, we may cancel your order and retain the Products. In such an event, we will refund you the price of the Products but you will still be liable to pay any cost of delivery.

7.5 Issues with Delivery. If there is an error or any other issue with the delivery of the Products ordered, you must notify us in writing within 14 days of the delivery date or in case the delivery was not made – 14 days following the estimated delivery date. We will not be liable for any loss or damage if you fail to inform us according to this clause.

7.6 Customs Regulations. We do our best to adhere and comply with each country’s customs regulations. At the same time, we do ask you to double-check your country’s import policies before placing an order on the Website. Orders that are seized by your local customs authority for any reason cannot be refunded.

7.7 Customs Duties, Taxes, and Ancillary Fees. Most countries charge customs duties (also known as import duties, or import tariffs) to purchases not originating in the destination country. Many countries also charge import or sales taxes on imported goods. Many countries have De Minimis thresholds with respect to the application of customs duties and taxes on goods imported, with duties and taxes being applied only once the De Minimis threshold has been passed. Sometimes, international shipments are opened and inspected by the destination country and inspection fees are levied even if the De Minimis threshold has not been reached. You are responsible for all customs duties, taxes, and ancillary fees arising from importing CuraLin to your country and CuraLife cannot be held responsible for payment. If you refuse payment of these charges and the package is not returned to a CuraLife warehouse, the order cannot be refunded.

8. Canceling Orders and Withdrawal

8.1 Right of Withdrawal. You are entitled to withdraw from your contract for purchasing the Products within 60 calendar days of the actual delivery date of your order, without giving any reason for doing so. In order to exercise your right of withdrawal, you should send us an explicit written notification about your decision to withdraw from the contract for purchasing the Products. This email must include the order number of the order you wish to withdraw from, as well as the name, email address, and phone number used on that order. Please be aware that 60 calendar days following delivery, your right for withdrawal expires permanently.

8.2 Effects of Withdrawal. If you withdraw from the contract for purchasing the Products within 30 calendar days, we shall refund all payments received from you, including delivery costs, if any (other than delivery costs incurred for a more expensive delivery method due to your selection at checkout), without undue delay. Upon withdrawal, you will send back the Products, including opened and unopened Products without undue delay and in any event not later than 14 calendar days from your withdrawal notice. You will incur the cost of returning the Products to us. Refunds will be done crediting your credit card. You will not be charged any additional fee with respect to such refund. We may withhold the refund until we have received the Products back or evidence from you that you have sent back the Products.

8.3 Canceling Orders. You may also cancel your order by notifying us in writing at any time before the order has been delivered. In such a case, the relevant conditions for the Right of Withdrawal indicated above would apply. We would appreciate it if you could provide us with the reason for your decision to withdraw or cancel your order.

8.4 Limitation of Withdrawal and Cancelation. You can no longer cancel your order and/or withdraw from your contract for purchasing the Products once the Right of Withdrawal period has ended. Any statutory rights you may have concerning the quality of those Products will remain unaffected.

9. Disclaimers and Limitation of Liability

9.1 YOU HEREBY DECLARE THAT YOU ARE AWARE THAT THE USE OF AN INTERNET SITE – INCLUDING THE WEBSITE – INVOLVES MANY RISKS, BOTH DUE TO TECHNOLOGY AND HUMAN FACTORS. NEITHER THE COMPANY, NOR ANYONE ON ITS BEHALF WILL BE LIABLE FOR THE WEBSITE, OR THE SERVERS THAT OPERATE THE WEBSITE, BEING FREE OF MALICIOUS CODE OR CONTENT, INCLUDING MALWARE, VIRUSES, OR SPYWARE WHICH COULD HARM THE USER’S DEVICE (E.G. PERSONAL COMPUTER, TABLET, OR MOBILE PHONE).

9.2 UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE WEBSITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE WEBSITE. BECAUSE SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9.3 DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITE, PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, WEBSITE, SERVICES, THEIR USE, OR ANY INFORMATION ON THEM: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

9.4 DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.

9.5 HEALTH RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. WE DO NOT COLLECT ON THE WEBSITE ANY PERSONAL DATA RELATING HEALTH, PLEASE REFRAIN FROM PROVIDING SUCH DATA IN YOUR USER COMMUNICATIONS.

9.6 PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

9.7 FORCE MAJEURE. THE COMPANY SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THESE TERMS OR A PURCHASE ORDER TO THE EXTENT THAT SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT.

9.8 LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE, SERVICES, OR PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.

9.9 NO CLASS ACTION. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.

10. Indemnification

You agree to indemnify and hold us (the Company), and our manufacturers, affiliates, officers, directors, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your User Communications, your use of the Website, your connection to the Website, your violation of these Terms, or your violation of any rights of another. If you are obligated to provide indemnification pursuant to this clause, we may, in our sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without our prior written consent.

11. Disputes, Governing Law, and Jurisdiction

11.1 Time Limitation for Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.

11.2 Amicale Solution. Any dispute arising between you and the Company shall be settled by negotiation, with the parties endeavoring to reach an amicable solution.

11.3 Written Complaint. If it is not possible to settle a dispute by discussion and negotiation, you are entitled to submit a written complaint, including complaints regarding the quality of a Product, to the Company at its contact details below, indicating: your name, home address, and contact information; order number; the date of submitting the complaint; the essence of the dispute, claim, and justifications. The Company will reply to your complaint within 15 business days. If we do not reply within the time period specified, then the Company can be deemed as rejecting the complaint and refusing to satisfy your claims.

11.4 Complaint to Austrian Authorities. If the Company refuses to satisfy your claims, or if you are not satisfied with the solution offered by the Company, you are entitled to turn to: (a) The Consumer Rights Protection Center of the Republic Austria, in the relevant field for examining a dispute, in order to receive assistance in solving the dispute; (b) An out-of-court mediator of consumer disputes, if such has been established in the relevant field in the Republic of Austria; (d) A court of relevant jurisdiction in Austria.

11.5 Governing Law and Jurisdiction. You agree that these Terms will be governed by the laws of the Republic of Austria. The competent courts in Vienna, Austria, will have exclusive jurisdiction for any dispute arising from these Terms, and any claim relating to the Website, the Services, the Content, or the Products.

12. Termination of the Website and Services

12.1 The Company is entitled to shut down the Website and to modify, from time to time, its structure, Content, appearance, as well as the scope and availability of Services and Content provided on the Website, and any other aspect related to the Website and its operation, without any need to provide you with any notification. You declare that you will have no argument, claim, and/or demand from the Company in this regard.

12.2 The Company is entitled to block and/or restrict and/or terminate the provision of Services to the User, for any reason, under its sole discretion, without the need for any notification to the User. Such blocking, restriction, or termination will not detract from the User’s obligation according to these Terms or from the Company’s rights and remedies according to any applicable law.

13. General Information

13.1 These Terms of Service constitute the entire agreement between us and govern the use of the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

13.2 The Company is entitled to assign its obligations and to transfer its rights according to these Terms at any time, to another party or parties, at its sole discretion, including the right to collect debts. You cannot assign your rights, obligations, or orders without the Company’s prior written approval.

13.3 The Company is entitled to update these Terms from time to time, at its sole discretion and without any need to provide prior notification, and the new Terms will be binding from the moment that they are published on the Website.

14. Contact Details

The Company’s address and contact details for any purpose relating to these Terms are: Vitamed GMBH Company registration number: UID-Nr. ATU77196936; FN 562983t Address: Bossigasse 21a/2, 1130 Wien, Austria Telephone: +43 676 3804466 Customer service : +43 676 3804466 Email: vitamedgmbh@gmail.com