GENERAL TERMS OF BUSINESS OF THIS WEBSITE
9575-C, Ignace Street
Brossard, QC J4Y 2P3
Phone +1 450 442 7070
Table of contents
- Scope of application
- Formation of contract
- Collection at the place of business
- Delivery, shipping costs
- Granting of rights of use for digital contents and software licenses
- Retention of title, revocation from the contract
- Term and Termination of Subscription Contracts
- Due date and payment
- Warranty and liability
- Privacy, Copyright, Trademarks
Status: January 2024
1) Scope of application
The following General Terms and Conditions (GTC) apply to the business relationship between Curaden AG (hereinafter: Curaden) and consumers or companies (hereinafter: "Customer" or "Customers") in the version that is currently available and valid when the website is called up or when goods are ordered, with regard to the goods presented by Curaden in the online store.
For contracts concerning the delivery of digital content, software licenses or vouchers, these GTC apply accordingly, unless a deviation has been expressly agreed. For the delivery of software licenses, the seller owes the transfer of a license key for the use of a provided software. The customer does not acquire any intellectual property rights to the software. The respective product description shall be decisive for the quality of the software.
These General Terms and Conditions can refer to agreements that relate to products (goods or services) in the form of a one-off delivery or also by way of permanent deliveries ("subscription agreement"). In the case of a Subscription Agreement, Curaden undertakes to supply the Product owed under the Agreement for the duration of the agreed term of the Agreement.
Consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
Orders can only be placed by persons over 18 years of age. Customers under 18 years of age require the signature of their legal representative.
These general terms and conditions apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these terms and conditions shall not be recognised, unless Curaden has expressly agreed to them in writing in an individual case.
Every order for goods requires a registration as a customer or the opening of a user profile at Curaden. Multiple registration under different names or addresses is not permitted.
The registration can be revoked by Curaden at any time and without giving reasons. In this case, Curaden is entitled to immediately block and delete the user name and the corresponding password.
3) Conclusion of the contract
The presentation of Curaden's product range in the online store does not constitute an offer to conclude a purchase contract with the customer. It is non-binding.
By clicking the "Buy now" button, the customer submits a binding purchase offer.
By placing an order with Curaden via the Internet (online store), e-mail, telephone, or other communication channels, the customer submits an offer to conclude a purchase agreement with Curaden. The customer receives a confirmation of receipt of the order ("order receipt confirmation"). This confirmation does not represent an acceptance of the offer but is only intended to inform the customer that the order has been received by Curaden. If necessary, Curaden will inform the customer separately about possible errors in the information about the product range on the website and will submit a corresponding counter-offer to the customer.
The contract with Curaden is concluded when Curaden expressly accepts this offer ("Order Confirmation") or when Curaden sends the ordered product to the customer.
The acceptance is subject to the legal admissibility and availability of the ordered product or service. If Curaden cannot accept the customer's offer, the customer will be informed about the unavailability instead of the acceptance of the order. Temporarily unavailable products will be noted for the customer, the customer's order remains valid.
Price fluctuations are possible. The price at the time of the submission of the offer is decisive.
For the purchase and order of goods and services, the stated prices at the time of purchase and order in euros. Prices are subject to change without notice.
All prices include the statutory value added tax (VAT).
Prices do not include additional shipping costs (between Curaden and the customer).
5) Collection at the place of business
After prior notification by telephone, it is possible to pick up the goods at an agreed place of business of Curaden itself.
In case of collection of the goods, the contract with Curaden is concluded when Curaden explicitly accepts the offer ("order confirmation") or when Curaden hands over the ordered product to the customer.
6) Delivery, shipping costs
Curaden will deliver the ordered product to the address specified by the customer in the order or (if selected as payment method) to the address deposited with PayPal as soon as possible. Curaden is entitled to make partial deliveries and partial services at any time, provided that these are reasonable for the customer. If partial deliveries are made by Curaden, Curaden will bear the additional postage costs.
The delivery is carried out at the shipping costs shown in each individual case.
The delivery time is normally 1-3 working days. Information about the expected delivery time is non-binding.
Digital content, vouchers and software license keys are provided to the customer exclusively in electronic form (i) by download or (ii) by e-mail, at the discretion of Curaden.
7) Granting of rights of use for digital content and software licenses
Unless otherwise stated in the DeepL description in the Curaden online store, Curaden grants the customer the non-exclusive right, unlimited in time and place, to use the provided content for private and business purposes.
The handing over of a license key for a software license entitles the customer to the use of the software or content as can be seen from the respective product description and the license agreement to the extent described therein.
A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC or the license terms is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full.
8) Retention of title, revocation from the contract
All delivered goods remain the property of Curaden until full payment has been made.
If the customer behaves in breach of contract, in particular if the customer does not meet his payment obligation despite a reminder from Curaden, Curaden can withdraw from the contract after setting a reasonable deadline in advance and demand the return of the goods that are still its property. The repossession of the goods or seizure by Curaden constitutes a revocation from the contract. The customer shall bear the shipping costs incurred in this case. Curaden is authorised to dispose of the goods after they have been returned.
9) Term and Termination of Subscription Contracts
Subscription contracts are concluded for an indefinite period, but at least for the minimum term shown in the respective product description in Curaden's online store. The subscription contract can be terminated during the minimum term at any time at the end of the minimum term and after expiry of the minimum term at any time with a notice period of 14 days in writing or by e-mail to addresses specified in section 13.
The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
10) Due date and payment
Curaden only accepts the payment methods displayed to the customer (in the online store) during the order process. Curaden reserves the right to agree in writing with its customers on a different payment method than the one mentioned in this section.
For payment processing through the online store, Curaden uses third party payment solutions to enable the customer to pay easily and securely with credit cards and alternative payment methods.
The purchase price as well as shipping costs, if applicable, are due upon conclusion of the contract - subject to paragraph (3).
Curaden can demand advance payment without giving reasons. The order will be processed after receipt of payment. Curaden reserves the right not to enter into a contract if the result of a credit check is negative. Furthermore, we reserve the right to offer only certain payment methods, according to the respective creditworthiness.
If the customer is in default of payment, Curaden is entitled to charge a lump sum for reminder costs as specified in the order process. The right of Curaden to claim higher damages, in particular with regard to the enforcement of the claim by a collection agency or a lawyer, remains unaffected by this.
Vouchers for the Curaden online store can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
Vouchers can only be redeemed under the conditions indicated on the voucher and exclusively for the product groups indicated on the voucher. Individual products may be excluded from the voucher promotion.
Vouchers or legally permissible discounts (e.g. quantity discounts) cannot be cumulated within the scope of an order. The value of the voucher cannot be paid out in cash.
The voucher is transferable. Curaden can make payments with discharging effect to the respective holder who redeems the voucher in the online store.
The customer is entitled to revoke his declaration of intent directed at the conclusion of the contract without stating reasons within a maximum of 14 days after receipt of the goods by returning the goods to Curaden. The customer must additionally notify Curaden of the revocation in writing (e.g. letter or e-mail) within the same period. The period begins on the day of dispatch or collection of the goods. The timely dispatch of the goods is sufficient to comply with the revocation period. The revocation in text form (here) is to be sent to the address given in section 13 or by e-mail to email@example.com. The customer bears the burden of proof for the dispatch of the goods to be returned.
The revocation is excluded and does not exist for:
- Delivery of goods that are custom-made especially for the customer or that are clearly tailored to the personal needs of the customer. The customer is obliged to accept and pay for all parts without exception;
- Delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
- Deliveries of medicines cannot be returned;
- Supplies of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Contracts for the provision of services related to leisure activities, unless otherwise agreed, if the contract provides for a specific date or period for the provision.
In the event of an effective revocation or revocation from the contract, both parties must return the services already received. If the customer can only return the received goods in a deteriorated condition, he must compensate Curaden to the extent of the reduced value.
The customer must bear the costs and risk of the return shipment, unless the delivered goods do not correspond to the ordered goods.
Curaden will exercise its right of retention until the goods have been returned in full.
In the event of the exclusion of the right of revocation and return, the customer shall bear the costs of resending the goods to us.
Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of revocation, you must inform us (Oral Science, 9575-C, Ignace Street, Brossard, QC J4Y 2P3, Canada, E-mail address: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form (here) for this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favourable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
We will bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion/Extinction of the Right of Revocation: A right of revocation does not exist, among other things, for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer and it expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Voluntary return guarantee: For all purchases from the Curaden range, we grant you a voluntary return guarantee of a total of 30 days from receipt of the goods, in addition to the statutory right of revocation. You can withdraw from the contract even after the 14-day revocation period has expired by returning the goods to us within 30 days of receipt (the period begins on the day after receipt of the goods), provided the goods are complete and in their original packaging and are in an unused and undamaged condition and the goods are not specially made to customer specifications or clearly tailored to personal needs. The timely dispatch is sufficient to meet the deadline.
The goods are to be returned to: Oral Science, 9575-C, Ignace Street, Brossard, QC J4Y 2P3, Canada.
The contractually granted voluntary return guarantee does not affect your statutory rights and claims. In particular, your statutory right of revocation and your statutory warranty rights remain unrestricted.
12) Warranty and liability
If the delivered goods are defective at the time of the transfer of risk, e.g. manufacturer's defects, or if there is a wrong delivery, please complain about such defects to us immediately. However, failure to make this complaint shall have no consequences for your statutory claims. For all defects of the purchased goods occurring during the statutory warranty period, the statutory claims for subsequent performance, for rectification of defects or new delivery shall apply at your discretion, as well as - if the statutory requirements are met - the more extensive claims for reduction or rescission and, in addition, for damages, including compensation for the damage instead of performance as well as compensation for your futile expenses. Insofar as we grant you a seller's warranty, the details result from the warranty conditions, which are attached to the respective delivered item. Warranty claims are without prejudice to statutory claims / rights.
Liability is governed by the applicable statutory provisions. Curaden's liability is excluded in cases of (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealised savings, (iv) damages resulting from delay in delivery, as well as (v) any acts and omissions of Curaden's auxiliary persons, whether contractual or non-contractual.
Furthermore, Curaden shall not be liable for damages resulting from any of the following:
- Improper, non-contractual or unlawful storage, adjustment or use of the Products;
- Use of incompatible spare parts or accessories (e.g. power supply);
- Failure to maintain and/or improper modification or repair of the products by the customer or a third party;
- Force majeure, in particular damage caused by natural hazards, moisture, falls, impacts, etc., for which Curaden is not responsible, and official orders.
The service provider commissioned to carry out the work is liable for defects, delays in performance and damage that occur during the execution of service providers (e.g. on-site installations).
The liability of Curaden is excluded for possible printing errors in the advertising material, data errors in the online store, incorrect price markings, errors in illustrations, product descriptions or other texts such as voucher or discount promotions or late or non-delivery.
Provider and contractual partner of the offers on this website:
9575-C, Ignace Street
Brossard, QC J4Y 2P3
14) Privacy, Copyright, Trademarks
All trademarks, images and copyrights are owned by Curaden or its partners. The downloading, saving, copying or printing of data, images and PDF files, even in part, requires the written permission of Curaden. All rights reserved. Further use by the customer for purposes other than those serving the purpose of the product is not permitted.