Terms and Conditions – General Terms and Conditions

for purchases made via the online shop european-ayurveda.com

operated by Glory Life GmbH

§ 1 General Provisions, Scope of the Terms and Conditions

1.1. All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter “Terms and Conditions”) in the version valid at the time of the order.

1.2. The contracting party is Glory Life GmbH (Company No. 606472x, Innsbruck Regional Court), Hinterthiersee 16, A-6335 Thiersee, VAT No. ATU79690014, (hereinafter “Seller”).

Email: support@european-ayurveda.com

Tel. No.: 0043 5376 / 5502

1.3. A “Customer” within the meaning of these Terms and Conditions may be either a consumer or a business (hereinafter “Customer”). Consumers within the meaning of these Terms and Conditions are natural persons who enter into contracts for a purpose that cannot be attributed to their commercial, business or professional activities. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the Seller, are acting in the course of their commercial, business or professional activities.

§ 2 Conclusion of the contract, formation of the contract

2.1. The goods and services presented by us in the online shop do not constitute a legally binding offer. By placing your order, you are making a binding offer to conclude a contract. The contract is concluded upon receipt of our order confirmation.

2.2. Once you have found the product you wish to purchase, you can view it in more detail without obligation by clicking on the product name. By clicking on the shopping basket icon, you can add the item to your shopping basket. You can view the contents of your shopping basket at any time without obligation by clicking on the shopping basket icon or the [View basket] button in the shopping basket window that opens. You can modify the products by adjusting the quantity and/or clicking on the bin icon, and/or remove them from the shopping basket. If you wish to purchase the products in the shopping basket, click on the [Proceed to checkout] button on the ‘Shopping basket’ page.

2.3. During the rest of the ordering process, you can log in via your customer account or enter further contact details for delivery, order processing and payment. You can now select your preferred payment method and add discount codes. In the next step, under the [Review Order] button, you will see an overview of your order details once again and can check your information and make corrections via [Change]. Below the purchase button, you can click on the relevant button to view further information regarding our Terms and Conditions, your right of withdrawal, the cancellation policy, etc. To complete your purchase, you must click the [Buy Now] button. This will submit your order to us.

§ 3 Storage of the contract text

3.1. We will store your order and the order details you have entered. We will send you an order confirmation by email containing all order details and our General Terms and Conditions, including information on your right of withdrawal. You also have the option to save, view and/or print both the order and the General Terms and Conditions before submitting the order to us.

§ 4 Right of withdrawal for consumers

The following provisions apply only to consumers in distance selling:

4.1. Right of withdrawal

4.1.1. You have the right to withdraw from this contract within fourteen days without giving any reason.

4.1.2. The withdrawal period is fourteen days,

a) in the case of a contract for services or for the supply of digital content not supplied on a tangible medium:

- from the day on which, in the case of contracts for services or for the supply of digital content not supplied on a tangible medium;

b) in the case of a sales contract:

- from the day on which you or a third party named by you, other than the carrier, took possession of the goods,

c) in the case of a contract for multiple goods which you have ordered as part of a single order and which are delivered separately:

- from the day on which you or a third party designated by you, other than the carrier, took possession of the last item;

d) in the case of a contract for the delivery of goods in several partial consignments or items:

- from the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial consignment or the last item.

e) in the case of a contract for the regular delivery of goods over a specified period:

- from the day on which you or a third party designated by you, other than the carrier, took possession of the first item of goods.

4.1.3. To exercise your right of withdrawal, you must inform Glory Life GmbH, Mitterland 12a, A-6335 Thiersee, telephone: +43 5376 5502, email: support@european-ayurveda.com, by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, though this is not mandatory.

4.1.4. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.

4.2. Consequences of withdrawal

4.2.1. If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and in any event within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

4.2.2. You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.

4.2.3. You shall only be liable for any loss in value of the goods if such loss is attributable to handling of the goods that is not necessary for the examination of their nature, characteristics and functioning.

4.3. Exclusion of the right of withdrawal

4.3.1. Unless the parties have agreed otherwise, the right of withdrawal does not apply to contracts for

a) services, where the trader has fully performed the service; however, in cases where the consumer is obliged to make a payment under the contract, the right of withdrawal shall only lapse if, in addition, the trader has commenced performance of the contract with the consumer’s prior express consent and if the consumer has confirmed, prior to the commencement of the provision of services, that they are aware that they will lose their right of withdrawal upon full performance of the contract,

b) goods made to the customer’s specifications or clearly tailored to their personal needs,

c) goods which are liable to deteriorate rapidly or whose expiry date would be quickly exceeded,

d) goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been broken after delivery,

e) goods which, due to their nature, have become inseparably mixed with other goods after delivery,

f) newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications,

g) the provision of digital content not intended to be supplied on a tangible medium, where the trader has commenced performance of the contract; in cases where the consumer is obliged to make a payment under the contract, the right of withdrawal shall only lapse if, in addition,

• the consumer has expressly agreed to the commencement of performance of the contract before the expiry of the withdrawal period,

• the consumer has confirmed that they are aware that they lose their right of withdrawal as a result of the early commencement of performance of the contract, and

• the trader has provided the consumer with a copy or confirmation in accordance with Section 5(2) or Section 7(3) of the FAGG.

4.4. Commencement of performance of the contract before the expiry of the withdrawal period

4.4.1. In the event of the conclusion of a contract concerning a service within the meaning of Section 10 of the Distance and Off-Premises Sales – Act (FAGG for short)), that, upon request by the seller, they wish the seller to commence performance of the contract before the expiry of the withdrawal period, and shall expressly request the seller to do so. Furthermore, they confirm that they have taken note of the loss of their right of withdrawal that occurs upon full performance of the contract.

4.4.2. If you have requested that the services commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract, compared to the total scope of the services provided for in the contract.

4.4.3. In accordance with Section 18(1)(11)(a) and (b) of the FAAG, the consumer expressly consents to the commencement of the performance of the contract before the expiry of the withdrawal period to which they are entitled under Section 11(2)(3) of the FAAG in respect of the “digital content not supplied on a tangible medium” to be purchased by them; he acknowledges that by commencing performance of the contract prematurely, he forfeits his right of withdrawal under Section 11 FAGG.

4.3.4. The seller hereby confirms, in accordance with Section 18(1)(11)(c) of the FAAG, the following expressly granted by the consumer in point 4.4.3. regarding the purchase of “digital content not supplied on a tangible medium”:

- consent to the commencement of performance of the contract before the expiry of the withdrawal period to which the consumer is entitled pursuant to Section 11(2)(3) FAGG

as well as

- confirmation that the consumer is aware that, by commencing performance of the contract prematurely, they lose their right of withdrawal under Section 11 FAGG.

§ 5 Model withdrawal form

5.1. If you wish to withdraw from the contract, please complete this form and return it.

“To

Glory Life GmbH

Mitterland 12a,

A-6335 Thiersee,

Email: support@european-ayurveda.com

I/we (*) hereby withdraw from 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 for paper notifications)

Date”

(*) Delete as appropriate.

§ 6 Subscription Contracts

The following terms and conditions apply to subscription contracts (hereinafter “subscription”) in the European Ayurveda®Home online shop:

6.1. What is a subscription?

When you take out a subscription, you will receive regular deliveries of the products you have selected. The frequency of deliveries depends on the frequency you have selected for your subscription. There is no minimum order quantity.

6.2. Payment Terms

The subscription price is payable in advance (before the respective delivery). Delivery charges are shown on the website during the ordering process in addition to the product price.

6.3. Minimum term

Subscriptions are taken out for a minimum term and are automatically renewed at the end of their term for the original minimum term, unless you object to the contract renewal in writing (e.g. by email to support@european-ayurveda.com) at least 15 days before the start of the extended term. In the event of timely objection, the subscription expires at the end of the original or already extended minimum term.

We offer subscription contracts with the following different minimum terms:

• Subscription with a minimum term of one month or one delivery

• Subscription with a minimum term of three months or three deliveries

• Subscription with a minimum term of six months or six deliveries

6.4. Termination

You may terminate your subscription at any time by giving 14 days’ notice. You may give notice of termination directly via the customer portal using your European Ayurveda®Home account or in writing (e.g. by email to support@european-ayurveda.com).

We are also entitled to cancel the subscription by giving 14 days’ notice in writing to the email address you last provided.

Termination of the subscription by either party shall take effect from the next delivery cycle.

Furthermore, we are entitled to terminate the subscription at any time for good cause, in particular in the event of fraud or misuse, repeated late payment, or the discontinuation of the entire range or individual products.

6.5. Cancellation

Should a subscription product be unavailable on the scheduled delivery date, we will inform you of this by email and you may choose to wait until the product is available again or to cancel the subscription for that product.

6.6. Contract amendments / changes to the subscription price:

We will notify you of any contract amendments or changes to the subscription price agreed upon conclusion of the subscription at least 30 days before they come into effect by sending the amended contract text or announcing the amended subscription price to the email address you last provided. No price change will take place within the first two months following the conclusion of the subscription contract.

If you give your written consent to the contract amendment or price change within 30 days of receiving the notification (e.g. by email to support@european-ayurveda.com), the changes shall be deemed accepted and the subscription contract shall continue with the communicated contract amendment or the amended subscription price, otherwise remaining unchanged. Without your timely consent, the contractual relationship shall continue in accordance with the General Terms and Conditions in the version prior to the notified contract amendment or in accordance with the subscription prices prior to the notified price change.

6.7. Right of withdrawal / Right to cancel

You have the right to cancel a subscription within fourteen days without giving any reason. The withdrawal period begins on the day on which you, or a third party designated by you (other than the carrier), took possession of the first item.

Further information on the right of withdrawal, its exercise, exclusions and consequences, as well as a model withdrawal form, can be found in Sections 4 and 5 of these Terms and Conditions.

§ 7 Prices and delivery charges

7.1. All prices are inclusive of statutory VAT plus delivery charges, which are stated in the offers or before the order is submitted.

7.2. Switzerland is excluded from this provision. For orders to Switzerland, Swiss customs import duties currently apply in place of statutory VAT.

§ 8 Delivery Terms

8.1. We deliver exclusively to the following countries:

Austria, Germany, Switzerland.

8.2. Unless a different timeframe is specified in the relevant offer, goods will be delivered within Austria and to Germany within 2–5 days, and to Switzerland within 3–15 days of the contract being concluded.

8.3. If you have ordered items with different delivery times, we will dispatch the goods in a single consignment, unless we have agreed otherwise with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.

§ 9 Terms of Payment

9.1. Payment may be made by:

• Credit card (VISA, Mastercard, Maestro, Amex)

• Shop Pay

• PayPal

• Google Pay

• Apple Pay

9.2. We reserve the right to exclude certain payment methods.

9.3. When paying by credit card (VISA, Mastercard, Maestro), you provide us with your credit card details when placing your order. Your credit card or the specified account will be charged immediately after placing the order and once your identity as the legitimate credit card holder has been verified.

9.4. To pay via Shop Pay, you can click the Shop Pay button directly during the ordering process. To use this payment method, you must either be registered with Shop Pay or register for the first time using your email address and mobile number. After registering for the first time, you will receive a confirmation code via SMS and must verify your account. The system will remember your email address and, the next time you make a payment, will ask you to verify your identity for Shop Pay with a confirmation code sent to you via SMS immediately after clicking the Shop Pay button. You must then confirm the payment instruction to us using a payment method you have registered (credit card or debit card). The transaction will be processed immediately after the order is placed.

9.5. When paying via PayPal, you will be redirected directly from the checkout process to the PayPal website by clicking the PayPal button. Payment via PayPal can only be made if you are registered with PayPal or register with them. You will then be redirected directly to the payment page and confirm the payment instruction to us. Once the order has been placed, we will instruct PayPal to initiate the payment transaction, which it will carry out automatically.

9.6. When paying via Google Pay, you can initiate the payment transaction via your smartphone or wearable device. To do this, you must be registered with Google Pay. After selecting Google Pay as your payment method, please enter your login details and confirm the payment using a payment method you have stored (credit card or debit card). The transaction will be processed immediately after the order is placed. The payment details you have stored with Google Pay are not transferred to us.

9.7. When paying via Apple Pay, you can initiate the payment transaction via your smartphone or wearable device. To do this, you must be registered with Apple and have activated the “Apple Pay” function. After selecting the payment method, please enter your Apple account login details to verify your identity. You must then confirm the payment instruction to us using a payment method you have registered (credit card or debit card). The payment will be processed immediately after the order is placed.

9.8. If you are a consumer, interest at a rate of 5 percentage points above the base rate shall be charged on the purchase price from the date of default until the debt is settled. If you are not a consumer, the interest rate during the period of default shall be 9 percentage points above the base rate. Furthermore, in the event of default by a business customer, we are entitled to claim a fixed compensation amount of €40.00. We reserve the right to prove and claim higher damages resulting from the default.

§ 10 Retention of title

10.1. In the case of consumers, we reserve title to the goods until the invoice amount has been paid in full. If you are a business acting in the course of your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the goods until all outstanding claims arising from the business relationship with the buyer have been settled.

10.2. The relevant security interests are transferable to third parties.

§ 11 Warranty

11.1. If you are a consumer, the warranty is governed by the statutory provisions.

11.2. If you place an order with us as a business, the warranty is excluded. The same applies where recourse claims are asserted against us in accordance with § 933b of the Austrian Civil Code (ABGB).

§ 12 Liability for Damages and Reimbursement of Expenses

12.1. If you are a consumer, we are liable for damages in accordance with the statutory provisions.

12.1.1. Our liability for slight negligence is limited to the compensation provided by the insurance. Insofar as this is not paid or not paid in full, we are liable up to the amount of the sum insured.

12.2. If you place your order with us as a business, the following applies in the event of our contractual liability for damages:

12.2.1. Unless otherwise specified below, our liability for damages is excluded. The same applies where recourse claims are asserted against us pursuant to Section 933b of the Austrian Civil Code (ABGB).

12.2.2. However, this exclusion of liability does not apply to claims for damages arising from injury to life, limb or health, or due to a grossly negligent or intentional breach of duty.

12.2.3. Liability for loss of profit is, however, excluded even in cases of gross negligence.

12.2.4. Section 1298 of the Austrian Civil Code (ABGB) does not apply – even in cases of gross negligence.

12.2.5. The time limit for asserting a claim for damages is limited to 1 year.

12.2.6. Unless the above limitation of liability applies, our liability is limited to the compensation provided by the insurance. Insofar as the insurance does not pay out or does not pay out in full, we are liable up to the amount of the sum insured.

12.2.7. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, staff, representatives and vicarious agents.

12.2.8. The above exclusions and limitations of liability also apply to other claims, in particular tortious claims or claims for reimbursement of futile expenses in lieu of performance.

12.2.9. The above exclusions and limitations of liability do not apply to mandatory claims under the Product Liability Act.

§ 13 Customer Service

13.1. Please contact us if you have any questions, complaints or claims. You can reach us by email at support@european-ayurveda.com.

§ 14 Governing Law, Jurisdiction

14.1. Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

14.2. For consumers, this choice of law does not affect the mandatory provisions of the law of the country in which the customer has their habitual residence.

14.3. For all disputes arising from contracts concluded under these General Terms and Conditions, the place of jurisdiction is agreed to be the registered office of Glory Life GmbH (Kufstein). Mandatory consumer jurisdiction provisions remain unaffected.

§ 15 Miscellaneous

15.1. The contract language is German.

15.2. Should any individual provisions of these General Terms and Conditions be invalid or unenforceable, this shall not affect the validity of the remaining provisions. In such a case, the invalid or unenforceable provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid or unenforceable provision. The same applies in the event of a contractual loophole.