Terms
www.pezz.life | Last updated: 17.11.2021
Terms and conditions
1. Scope of application
1.1. The General Terms and Conditions, which are posted and can be viewed on the website www.pezz.life and in the mobile app, apply to all products and services of Pezz life GmbH.
1.2. Unless otherwise agreed, these terms and conditions shall be deemed to form an integral part of the contract concluded between Pezz life GmbH (entrepreneur) and the customer (consumer) within the meaning of § 1 KSchG and other entrepreneurs. A consumer in the sense of these GTC is any natural person who concludes a legal transaction for neither purposes which can predominantly be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural person or legal entity or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.3. By using services and/or purchasing goods from Pezz life GmbH, including services and items in the online shop, the customer accepts these terms and conditions as well as the privacy policy.
2. Conclusion of contract
2.1. The product descriptions contained in the online shop, the mobile app or in the points of sale do not constitute binding offers on the part of Pezz life GmbH, but serve to submit a binding offer by the customer.
2.2. The contract language is German.
3. Prices and terms of payment
3.1. Unless otherwise stated in the product description of Pezz life GmbH, the prices quoted include the statutory sales tax applicable in the respective country. Any additional delivery and shipping costs will be stated separately in the respective product description.
3.2. For payment, the customer may only use the payment methods agreed and specified when placing the order. The special regulations of the respective operator must be observed in every case.
3.3. Pezz life GmbH reserves the right to change the prices of the products offered during the term of the service. Customers will be informed at least 14 days in advance and have 10 days to cancel the service.
3.4. The validity of discount codes and vouchers is stated by Pezz life GmbH when issued.
3.5. Promotions and offers are valid while supplies last.
3.6. Payment for continuous deliveries (subscriptions) is made when the goods are dispatched and is debited from the payment method deposited by the customer. If the service of continuous deliveries has been paused, the payment will also be paused. A pause in the service must be announced in time. In case of pauses that are received up to 5 days before the subsequent delivery, the continuous delivery service is reactivated as the order has already been dispatched.
3.7. If the payment is not successfully processed for various reasons, we reserve the right to re-attempt to debit the payment within 48 hours. If the payment is still not successful, we will give at least 48 hours’ notice of any further attempts to process the payment by sending an email to the email address provided. If this is not desired, the order must be cancelled in advance.
3.8. If payment is not received within the specified period after the first reminder, Pezz life GmbH is entitled to unilaterally terminate the service of continuous delivery. Furthermore, Pezz life GmbH has the right to claim damages, as well as overdue payments and associated collection costs from the purchaser.
4. Terms of delivery and dispatch
4.1. Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller’s order processing is decisive for the transaction. Notwithstanding the foregoing, when selecting the payment method PayPal, the delivery address deposited with PayPal by the customer at the time of payment may be decisive.
4.2. The customer is responsible for their own contact details, including the delivery address. If the contact details are incorrect and an order does not reach the purchaser because of this, Pezz life GmbH will resend the order within three to five days of receiving the correct address and charge the customer for the shipping costs.
4.3. If the transport company returns the shipped goods to Pezz life GmbH because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer did not himself cause the circumstance which led to the impossibility of delivery through gross negligence or if he was temporarily prevented from accepting the service offered, unless Pezz life GmbH had announced the service to him for a reasonable period in advance. Furthermore, this does not apply with regards to the costs for the shipment if the customer exercises his right of cancellation effectively. If the customer exercises the right of cancellation effectively, the provision of the seller’s cancellation policy shall apply to the return costs.
4.4. Any shipping costs refer to standard shipping deliveries, premium shipping can be arranged with additional payment by the customer.
4.5. For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible, and which have to be carried by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in respect of the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5. Delivery of goods
5.1. All delivered goods remain the property of Pezz life GmbH until the purchase price has been completely paid. The goods may only be used or consumed if the purchase price has been paid in its entirety to Pezz life GmbH.
5.2. Use and risk pass to the customer at the time the contractually agreed goods are handed over.
5.3. The supplier is entitled to make partial delivery and partial performance at any time if this is reasonable for the customer.
5.4. Delivery dates or delivery periods are exclusively non-binding information unless they have been expressly agreed as binding between Pezz life GmbH and the customer.
6. Contract term, termination, contract extension
6.1. In the case of the offered variants (3-month subscription, 12-month subscription), the subscription initially runs for the minimum usage period booked by the user. Thereafter, the subscription is extended by renewal periods of the same duration if it is not cancelled in good time by the user or Pezz life GmbH.
6.2. Subscriptions can be adjusted, paused or cancelled via the personal account.
6.3. The notice period is 10 days before the planned contract extension. Cancellation can be made via the cancellation function in the user account or in text form.
7. Force Majeure
7.1. Pezz life GmbH is entitled to suspend performance of its contractual obligations to the extent that such performance is made impossible or unreasonably difficult by circumstances that are not dependent on the will of Pezz life GmbH. This includes in particular labour disputes and all circumstances independent of the will of the parties, such as fire, war, general mobilization, rebellion, etc. This shall also apply if such unforeseen circumstances occur with subcontractors. Pezz life GmbH shall immediately send the contractual partner a statement on the beginning and cause as well as, as far as possible, on the expected effects and duration of the delay.
8. Disclaimer of warranty
8.1. The evaluation of the test strips as well as all other services performed in the mobile app and by employees of Pezz life GmbH are merely an indicator and are not guaranteed. In the event of poor lighting conditions or poor image resolution, the test strips must be evaluated directly by Pezz life GmbH employees by getting contacted by the customer. Any liability for incorrect test results and/or damage to the health of dogs and cats is excluded.
8.2. Customers have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which the customer or a third party named by the customer who is not the carrier has taken possession of the first goods.
9. Right of withdrawal and distance selling
9.1. According to § 3 KSchG, the consumer can withdraw from a distance contract within the legal period of 14 days. The period begins with the delivery of the invoice, which can be sent by e-mail, and is governed by the KSchG and the FAGG.
9.2. The consumer is not entitled to the right of withdrawal according to § 3 KSchG,
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if he himself has initiated the business relationship with Pezz life GmbH or its agents for the purpose of concluding this contract, -
if the conclusion of the contract was not preceded by discussions between the parties or their representatives,
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in the case of contracts subject to the law on distance business, or
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in the case of contractual declarations made by the consumer in the physical absence of the trader unless the consumer has been urged to do so by the trader.
9.3. The declaration of withdrawal can be submitted informally. It is deemed to have been submitted in good time if it is sent to Pezz life GmbH within the deadline.
9.4. Um Ihr Widerrufsrecht auszuüben, müssen Sie uns (Pezz life GmbH, Lederergasse 22/16, 1080 Wien, Österreich, support@pezz.life) mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief oder per E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.
9.5. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Sample Cancellation Form
Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück an Pezz life GmbH, Lederergasse 22/16, 1080 Wien, Österreich, support@pezz.life
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I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*)/received on (*)
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of consumer(s) (only in case of paper communication)
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Date
10. Consequence of withdrawal
10.1. If you cancel this contract, we must refund all payments we have received from you, except for additional costs for e.g., premium shipping without delay and at the latest within 14 days of the day on which we receive notification of your cancellation of this contract.
10.2. For the re-transfer of your payment, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this re-transfer. We may refuse the re-transfer of your payment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
10.3. Sie haben die Waren unverzüglich und in jedem Fall spätestens binnen 14 Tagen ab dem Tag, an dem Sie uns über den Widerruf dieses Vertrags unterrichten, an Pezz life GmbH, Lederergasse 22/16, 1080 Wien, Österreich zurückzusenden oder zu übergeben. Die Frist ist gewahrt, wenn Sie die Waren vor Ablauf der Frist von 14 Tagen absenden. Sie tragen die unmittelbaren Kosten der Rücksendung der Waren. Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist.
11. Voluntary 30-day money-back guarantee (extended right of return)
11.1. Zusätzlich zum gesetzlichen 14-tägigen Widerrufsrecht bieten wir für die Erstbestellung eine freiwillige 30-tätige Geld-zurück-Garantie. Im Rahmen der 30 Tage Geld-zurück-Garantie ist es möglich einen Test Kit auszuprobieren. Sollten Sie nicht zufrieden sein, senden Sie verbleibende Test Kits zurück und wir erstatten Ihnen den Kaufpreis. Die Inanspruchnahme dieses erweiterten Rückgaberechtes ist für jede Person nur einmalig möglich. Wenn Sie mit dem Produkt nicht zufrieden sind, wenden Sie sich innerhalb von 30 Tagen nach dem Kauf an den Kundendienst unter support.uk@pezz.life. Ihre Rückgabe wird dort bearbeitet.
Please send your return to:
Pezz life GmbH – Returns
Lederergasse 22/16, 1080 Wien, Österreich
12. Complaint
12.1. All defects in the goods must be notified within 14 days of delivery. The Austrian warranty law is applicable.
13. Alternative dispute resolution
13.1. It is pointed out that Pezz life GmbH may voluntarily submit to alternative online dispute resolution, which is intended to serve as dispute resolution, in accordance with the AStG, provided that this is expressed in a written declaration.
13.2. Pursuant to § 19 AStG, consumers have the possibility to submit complaints to the EU Online Dispute Resolution Platform: http://ec.europa.eu/odr.
14. Applicable law
14.1. The place of jurisdiction is Vienna, Austria. Austrian law applies exclusively. In the case of consumers within the meaning of the Consumer Protection Act (KSchG), the court in whose district the customer’s domicile, habitual residence or place of employment is located shall have jurisdiction. If the customer moves his domicile, habitual residence or place of employment abroad after conclusion of the contract, the aforementioned court shall continue to have jurisdiction. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
15. Final provisions
15.1. Should individual provisions of these GTC be or become void, unenforceable and/or invalid, this shall not result in the voidness, unenforceability and/or invalidity of the entire GTC or the entire agreement. In this case, the parties undertake to agree on a provision in place of the void, unenforceable and/or invalid provision which comes as close as possible in economic terms to the purpose pursued by the void, unenforceable and/or invalid provision.
Last updated: 17.11.2021
