General Terms and Conditions

1. General, scope

The General Terms and Conditions, in the version that applies at the time the order is placed, shall apply to all transactions.

Verbal agreements must be confirmed in writing. The General Terms and Conditions govern the contractual relationship between rapcom Handels GmbH and individuals (hereafter "Buyer") which utilise rapcom Handels GmbH's Internet offering. The General Terms and Conditions refer to the use of rapcom Handels GmbH web pages as well as all sub-domains belonging to this domain, but also downloads and orders to which charges will be applied.

 

2. Concluding the contract

By ordering the Banana Diet template on this homepage, the Buyer makes a binding offer to conclude a purchase agreement. The purchase will be processed by rapcom Handels GmbH.

Purchases will be processed and contacts will be made via e-mail and automated purchase processing. The Buyer must ensure that the e-mail addresses and other required information which are provided for the purpose of processing the purchase are correct, so that he or she is able to receive e-mails sent by rapcom Handels GmbH under this address. In particular, where spam filters are in use, the Buyer must ensure that mails sent by rapcom Handels GmbH or its service providers for the purpose of processing the order can be delivered.

 

3. Payment terms, due date, default

Payments for products are made on the basis of the payment methods listed below. The purchase price represents the full amount without further deductions, and is due for payment upon transfer or download of the product. In the event that the Buyer defaults on the payment, we are entitled to default interest equivalent to the statutory default interest. We reserve the right to assert higher default damages. The Buyer acknowledges that only those payment methods which are offered as part of the order can be accepted, hence payment by credit card or PayPal.

 

4. Price

Unless expressly noted elsewhere, all prices quoted by rapcom Handels GmbH are inclusive of VAT. In the event of changes to cost items which are relevant to the calculation, or costs required to provide the services, we are entitled to adjust our prices accordingly.

 

5. Delivery/Forwarding

The product is delivered to the Buyer via e-mail to the e-mail address supplied by the Buyer, i.e. the Buyer is entitled to download the product after payment has been made. In the event of problems encountered during the download process, the Buyer hereby agrees to contact the service centre of rapcom Handels GmbH, so that a solution to the problem can be found. If the Buyer does not contact us and the amount payable is simply reversed, rapcom Handels GmbH is entitled to invoice any applicable reversal fees and the purchase price.

The product may not be forwarded to other parties (for free or against payment). The diet offered by rapcom Handels GmbH is only intended for the Buyer's personal use. Non-compliance with this requirement will be prosecuted in the courts.

 

6. Withdrawal

The Buyer hereby acknowledges that it is not possible to withdraw from the contract since the product is available for download by the Buyer immediately following payment, i.e. the purchased product is immediately forwarded by e-mail. Because of the nature of this process, rapcom Handels GmbH is not able to verify whether, prior to a declaration of withdrawal, a download has taken place, and the unsealed product has been stored, copied or modified to the effect that a withdrawal in terms of Section 5f KschG (Consumer Protection Act) and a reversal of charges is not possible.

 

7. Warranties / Liability

rapcom Handels GmbH hereby again advises the Buyer that all product descriptions, consumption recommendations and other contents of this Internet page are only for informational purposes, and in no way represent a guarantee of effectiveness or curative statements. We expressly advise that you may need to contact your treating physician, and that the daily consumption amount should not be exceeded. The offered product should not constitute your only source of food. It is not a replacement for a balanced and varied diet which includes physical activity. rapcom Handels GmbH is not liable for the completeness or accuracy of the information contained on the Internet page; this information is in no way a substitute for medical or pharmaceutical advice provided by a physician, pharmacist or nutritional consultant.

rapcom Handels GmbH endeavours to ensure that its online offering can be made available with as few disruptions as possible. However, we do not assume any guarantees for the 100% availability of this online offering. For this reason, with the exception of grossly negligent and intentional action, rapcom Handels GmbH assumes no liabilities for damages that are the result of the system or offered files; and is further not liable for any damages to the online system, particularly with respect to improper data transmission and temporary or permanent inaccessibility of the system. No liability shall apply if the non-establishment of access or transfer is within the sphere of the Buyer. In addition, programs and files are downloaded at your own risk. rapcom Handels GmbH is not liable for damages which are the result of the installation or use of software from the portal, to that extent permissible by law. Liability for damages and negative effects of computer viruses is excluded within the limits of statutory provisions.

The diet offered by rapcom Handels GmbH has been diligently developed and is viewed as reliable. Nevertheless, no warranties or guarantees can be assumed for its accuracy, completeness or weight loss success. In this respect, rapcom Handels GmbH expressly advises that daily energy consumption levels vary from person to person, and also depend on physical activity. Disrupted hormone levels or illnesses may prevent weight loss, as can the consumption of hormone preparations, psychotropic drugs and the pill, which is why rapcom Handels GmbH expressly excludes any guarantee related to success. We also expressly advise that the diet is in no way suited for persons who have an intolerance to bananas or other components of this diet.

 

8. Copyright

The contents of this website are protected by copyright laws. The copying of data and information, particularly the use of texts, parts of texts or images requires the prior written approval of rapcom Handels GmbH and/or the IdFactory advertising agency.

 

9. References and links

In the case of direct or indirect references to external website (hyperlinks), which are outside of rapcom Handels GmbH's area of responsibility, an obligation to assume liability only occurs if rapcom Handels GmbH was aware of the contents and could reasonably be expected to prevent the use of illegal contents, also on a technical level. rapcom Handels GmbH hereby expressly declares that at the time the links were established, no illegal contents were detected on linked pages. rapcom Handels GmbH does not exercise any influence on the current and future design, contents or copyrights of linked pages. For this reason, it hereby expressly distances itself from all contents of linked pages which have been changed following the setup of the link. This statement applies to all links and references set up for the in-house Internet offering, as well as external contributions in guest books set up by rapcom Handels GmbH, discussion forums, link indices, mailing lists and all other forms of databases whose contents allow for external write access. In the case of illegal, erroneous or incomplete contents and in particular for damages which result from the use or non-use of such information, only the provider of the site which was referenced shall be liable, not the party that only makes reference to the publication via a link.

10. Data privacy

The information required to process the order will be processed and stored in compliance with applicable data privacy laws. If required for purposes of processing the order, information may also be transferred to affiliated companies and third parties which are involved in the processing of the order.

All personal information will be treated in confidence. rapcom Handels GmbH is entitled to transfer personal information to affiliated companies for the purpose of credit checks and quality monitoring as part of a data exchange. The Buyer has the right to receive information, and a right to notification, blocking and deletion with regard to his/her stored information.

 

11. Place of jurisdiction

All legal relations between the Buyer and rapcom Handels GmbH are subject to Austrian law. The Innsbruck court with jurisdiction over this subject matter is hereby agreed as the place of jurisdiction.

 

12. Severability clause

In the event that a provision of these General Terms and Conditions is or will be found to be invalid or unfeasible, the remaining provisions shall not be affected.