General terms and conditions(as at 01/01/2014)
All offers, orders, commissions and deliveries shall be governed exclusively by our General Terms and Conditions. Any variation to these must be agreed by us in writing. Our range of products and services is designed only for Buyers using these goods in their independent, professional, commercial, governmental or official capacity. Evidence of this shall be provided on request. By placing this order, the Buyer confirms that he shall use the goods accordingly.
2. Contracts entered into on the internet
The product descriptions contained on the Seller's website shall be used for the submission of a legally binding offer to purchase by the Customer. The Buyer may submit the offer to purchase in writing, by fax or by e-mail. For purchases made using the Order Form, the Buyer shall have made a legally binding offer of a contract once he has submitted his personal data. The Seller shall confirm receipt of the Buyer's offer to purchase electronically (by fax or e-mail) without delay. A contract of sale shall not exist until the order has been confirmed by the Seller, but at the latest on the Buyer's unconditional acceptance of the goods. The Seller shall be entitled to accept the Buyer's offer within five working days of its receipt by the Seller. It shall be deemed to have been accepted if the Seller delivers the goods ordered before this deadline. The Seller shall be entitled to refuse to accept the order – for instance, after having checked the Buyer's creditworthiness. Where the order is placed electronically, the text of the contract (consisting of the order information and the General Terms and Conditions) shall be saved by the Seller and sent to the Buyer after conclusion of the contract. Purchases shall be processed and contact made by e-mail and automated processing. The Buyer shall guarantee that the e-mail address supplied by him for the processing of the order is correct so that e-mails sent by the Seller to this address may be received. The Buyer shall, in particular, ensure that the settings of Spam filters allow the delivery of all e-mails concerning the processing of the order sent by the Seller or his purchase processing service providers.
3. Quoted prices
All prices and information in our catalogue, internet, price lists, brochures, etc. shall be subject to change without notice. We therefore reserve the right to make intermittent adjustments to prices. An order shall only become effective once a confirmation or invoice has been issued by us. We reserve the right to terminate the contract in the event that the Buyer's financial situation deteriorates significantly or that we become aware of this after the event, and the Buyer is not prepared to pay on delivery, to pay in advance (prepayment or irreversible credit to our account) or to pay a security deposit.
Prices quoted are net prices ex-warehouse in € plus the applicable statutory VAT and transport costs; in the case of delivery abroad, duty unpaid excluding shipping costs, customs charges or other taxes or duties. They shall apply until new price lists are issued. We reserve the right to amend prices in the event of exceptional variations in the prices of raw materials. When price adjustments become necessary, we shall inform the Buyer of the reason and the amount. In this case, the Buyer shall have the right to cancel the order within 7 days, or shall otherwise be deemed to have accepted the amended prices. Errors in descriptions and prices excepted.
5. Packaging, shipping and transfer of risk
Packaging is included in the price. For environmental reasons, we mainly use pre-used outer packaging so that we do not bring any new packaging into circulation. We reserve the right to choose the route and method of shipping. Deliveries are currently by Österreichische Post. Deliveries can only be made on weekdays (Mon.–Fri.). Please make sure you always give your street address when ordering. For deliveries to a "pack station", please enter this information under "Delivery Address." Transport costs shall be calculated according to actual or volumetric weight. Additional costs incurred as a result of a Buyer's special requests for shipping shall be borne by the Buyer. Transport insurance is only taken out on the express wish of the Buyer and the cost shall be borne by him. The same shall apply for increases in freight costs occurring after conclusion of the contract, any extra costs for rerouting, warehousing costs. Shipments damaged in transport should be accepted under protest and the relevant transport operator contacted to make a formal statement of the facts within the legal deadline. The risk of destruction, loss or damage to the goods is transferred to the Customer once the shipment has been handed over to the person who will be transporting it, or has left our warehouse to be shipped, or in the event of it being collected by the Buyer.
6. Delivery times
Quoted delivery times are not binding. No responsibility shall be accepted for unforeseeable delays that arise from unexpected events. If, as a result of such events, the goods ordered cannot be delivered at all or can only be delivered late, then the Buyer shall have no rights to make a claim for this.
7. Force Majeure, obstacles to the fulfilment of the contract
Force Majeure events of all types, disruptions to distribution or traffic, fire damage, floods, shortages of manpower, energy, raw and other materials, strikes, lock-outs, disruption to shipping, action by the authorities or other unforeseeable events that inhibit, delay or prevent the manufacture, shipping, acceptance or use of deliveries or render the same unreasonable shall release the Party from his duty to supply or accept deliveries for the duration and scope of the disruption. If, as a result of the disruption, the delivery and/or acceptance of the delivery is delayed by more than 8 weeks, then both Parties shall be entitled to terminate the contract. In the event of a partial or complete failure on the part of his suppliers, the Seller shall not be obliged to find other suppliers to cover this. In this case, the Seller shall be entitled to take account of his own requirements in distributing the goods that are available.
8. Call-off orders
Arrangements agreeing partial deliveries oblige the Buyer to accept partial deliveries. For call-off orders without fixed call-off dates, the latest date for acceptance of delivery of the whole order shall be deemed to be one year. If nothing else has been agreed and no call orders have been made over a period of three months, we are entitled to calculate and make partial deliveries at four-weekly intervals in such a way that the final instalment shall be delivered at the end of the one-year deadline. The due date for partial deliveries is subject to our payment terms. Should the Buyer not accept the goods either after having been granted a period of grace, we may terminate the contract or demand compensation in lieu of performance.
9. Right to return goods
There shall be a right to return unused goods in the original packaging within 7 days. Postage and shipping costs for this shall be borne by the Buyer. Items with company logos, special finishes requested by customers, stock clearances and items on special offer may not be returned. Reimbursement shall only be made for goods returned in their original condition on delivery. However, we shall always charge a processing fee of 10% of the purchase price.
10. Payment terms
In Austria and abroad, shipment is against invoice, payable net without deductions. Where other agreements have been made, invoices must be paid net within 7 days of the invoice date. No deductions may be demanded. Customs duties and bank charges shall be borne by the Buyer. When payment is in arrears, we shall be entitled to make further shipments dependent on the arrears being settled in full. Furthermore, we shall be entitled to refuse a service, if circumstances that have arisen after the formation of the contract give us grounds to fear that the Buyer's consideration may not be paid in full or on time, unless the Buyer pays the sum or provides sufficient security. In this event, we shall also be entitled to declare all outstanding accounts to be due and payable forthwith. If the Buyer is an entrepreneur, we shall be entitled to claim interest on arrears at the rate of 5% above the current base rate at that time. No sums may be offset by any counter-claims of the Buyer that are in dispute and have not been established as valid in law by a court and are not ready for a decision by a court If the Buyer is an entrepreneur, his complaints shall affect neither his duty to pay nor the due date for payment. The entrepreneur herewith waives his rights to refuse performance and his rights to retention, unless we or our legal representatives or agents are guilty of gross breaches of contract or the counter-claims of the entrepreneur on which the right to refuse performance and/or right of retention are based are undisputed, have been proved valid in law by a court or are ready for a decision by a court. The Buyer may only exercise a right to retention, if his counter-claim is based on the same contractual relationship. If payments are in arrears, the full costs of reminders and collection of monies shall be paid by the Buyer, in particular the full charges of any debt collection agency appointed by us and any court costs and costs of enforcing the debt.
In the event of any defects in quality or in title, our liability for defects shall end 12 months after the date of the transfer of risk. The descriptions of the products and services offered for sale only give an approximation of the product qualities. Reasonable changes and technical changes to the product that are necessary for safety are not defects, nor are unavoidable product-specific modifications or modifications that are customary in the industry or changes to material strength or dimensions that are reasonable for the agreed or intended use. Wear and tear and natural ageing are not defects in the product. The goods must be examined on receipt without delay. Notice must be given without delay of any defects that are discovered or are obvious. Where the duty to examine goods and report defects has not been complied with, all possible claims arising from this defect shall be excluded. For damages claims, we shall only be liable for essential contractual obligations and only for for damages that are foreseeable and typical under this agreement except where there is wilful intent, gross negligence or loss of life, personal injury or damage to health. Legal liability according to the product liability laws shall remain unaffected.
12. Notice of complaints
Complaints shall only be considered if they are submitted in writing without delay (at the latest within 14 days of receipt of goods) together with supporting evidence, samples, packing slips and information of the invoice number and invoice date. Claims for such defects may not be made after this deadline. In the event of hidden defects, the complaint must be lodged in writing without delay as soon as the defect has been identified (but at the latest within 6 months of receipt of the goods); the statutory periods of limitation shall remain unaffected. The burden of proving that a defect is a hidden defect shall rest with the Buyer. Goods rejected because of a defect may only be returned with the express agreement of the Seller.
13. Defects and Warranty
The Customer only has a right to the supply of goods that match the relevant manufacturer's description, when no other information describing it in writing has expressly become part of the contract concluded. Before placing an order, the Customer shall apprise himself of the manufacturer's specifications. These are available on request from Symbio-Harmonizer. Furthermore, the Customer must verify that, according to the manufacturer's specifications, the goods ordered are appropriate for his intended use of them. A Warranty from Symbio-Harmonizer for the quality of the goods shall only guarantee that the quality of the goods matches the manufacturer's description. Where notice is given of defects, Symbio-Harmonizer will either repair or replace goods. If Symbio-Harmonizer does not remedy the defect within a reasonable period of time or the replacement has not been delivered, then the Customer shall have the right to choose either to terminate the contract (rescission) or to a reduction in the purchase price (reduction), or to demand compensation. If the contract is terminated, he shall have no claim for damages on the basis of the defect. If, after there has been a failure to find a remedy for a defect, the Customer chooses compensation without terminating the contract, then the goods shall remain with the Customer. In this case, compensation shall be limited to the difference between the purchase price and the value of the faulty item. Should Symbio-Harmonizer not be in a position to provide an appropriate remedy for proven defects by repairing the goods, or if such a repair is not technically possible, then Symbio-Harmonizer may terminate the contract without prejudice to the Customer's rights. Liability is excluded for the consequences of inappropriate modifications, repairs or maintenance carried out by the Customer or a third party. The Customer is obliged to observe all types of safety regulations (e.g. TÜV/MedGV).
14. Warranty / Guarantee
The Warranty for the Harmonizer Med shall be valid for 1 year from the date of the invoice. This shall exclude parts that are prone to wear and tear, such as cables and electrodes. For these, the Warranty shall be valid for 6 months with appropriate use. We accept the cost of materials and wages incurred in removing defects within the guarantee period. The Warranty covers imperfections in production and components and possible defects in the device arising from these. The device shall be delivered to the Salzburg warehouse at no cost to the Buyer and the Seller shall remain responsible for any loss of or damages to the device until delivery. The return delivery is free of charge. The Warranty does not cover damage caused by mechanical force or by storage or use at too high or too low ambient temperatures or damage caused by incorrect handling. The Warranty and product liability shall be invalid if, for example, the device seal is damaged by incorrect handling. In the event of the device failing in the Warranty period, the user shall have no claim for resultant costs or compensation for its failure. Any interference with Harmonizer products by persons not authorised by us is expressly forbidden and shall invalidate the Warranty and product liability. Furthermore there shall be no liability for incorrect use of the therapeutic device.
15. Technical information
The application, use and processing of goods purchased are the sole responsibility of the Buyer. Technical information on use given verbally or in writing by the Seller shall be considered as non-binding information only (this shall also apply in the case of possible rights of third parties) and does not exempt the Buyer from checking the products himself for their suitability for the intended processes and purposes.
16. Retention of title
The goods supplied shall remain our property until payment is made in full. If the goods are sold before this time, then any amount owing from the resale shall be deemed to be owed to us. Should payments be made on this account, then we shall have a preferential claim for such payments to be transferred to us up to the amount of the outstanding sums owed to us.
17. Data protection / data storage
Data protection has top priority for us, as we know that it is important for you that your personal information is being handled with care. Therefore we only collect the data from you that we need to process your business transactions and that you provide us with voluntarily. As a rule, these are your title, first name, surname, address and, where appropriate, your position and industry. To ensure fast and direct communication with you, we ask that you voluntarily provide your telephone number, fax number and e-mail address. Information you have provided voluntarily and the compulsory information you have provided for processing your business transaction with us shall be used by us, our service providers and other selected companies to inform you about products and services that may be of great interest to you. If we supply goods in advance of payment, we reserve the right to carry out a creditworthiness check to protect our legitimate interests. For this purpose, data will be exchanged in accordance with the applicable statutory provisions. Personal data may also be disclosed if it is necessary for the safeguarding of our rights, for instance, in relation to the recovery of a debt. The contact details of therapists are passed on in response to patient enquiries. However, if you do not wish this to happen, you may inform us at any time by writing to the following address: Symbio-Harmonizer, Aufeld 19/5, A-5301 Eugendorf, Austria. There is no other disclosure of your personal data to third parties.
18. Copyright and related rights
The contents of our sales documents, our e-mails and our website (including our online ordering system) are subject to Copyright Law and related laws. They may not be reproduced, distributed or made publicly accessible without our prior written consent.
19. Applicable law, place of performance and jurisdiction
This agreement shall be governed by the Law of Austria. All legal relationships of the Parties shall be subject to the Laws of Austria with the exception of those laws governing the international trade of movable goods. For consumers, this choice of jurisdiction shall only apply insofar as the consumer is not deprived of the protection afforded him by virtue of the mandatory law of the country in which he has his habitual residence. If the client is a businessman, a legal entity under Public Law or a special fund under Public Law, then the sole place of jurisdiction for all disputes arising from this contractual relationship shall be the principal place of business of the Seller. The same shall apply if the Customer has no place of general jurisdiction in Austria or the EU, or his domicile or usual residence is not known at the time an action is brought. The right also to bring the matter before any other court deemed to be competent by applicable law shall remain unaffected. The language of the contract shall be German.
The Buyer shall not be entitled to transfer or assign rights or claims against us that arise from our business relationship to third parties without our consent. The same shall apply to claims and rights against us which exist directly by virtue of the operation of the law.
Should any of the foregoing provisions be wholly or partially invalid, the validity of the other remains unaffected
Please note that the technology presented here is not yet in agreement with the predominantly accepted academic medical opinion or schools of thought. Energy Medicine and the principles, methods and devices used in it are classified