General terms and conditions
General terms and conditions
Welcome to the kiweno.com site (hereinafter also referred to as the “Site”), a website operated by KIWENO GmbH (hereinafter referred to as “kiweno”). kiweno offers its customers a service (“Service”) whereby the sampling can be performed at home as a self-sampling procedure and the subsequent analysis/evaluation and further information is provided via the my.kiweno.com site. The following terms and conditions apply both to the use of the site and to the purchase of tests for self-sampling from home, as well as their analysis and evaluation.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY VISITING THE SITE OR PURCHASING A KIWENO TRIAL, YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE KIWENO SERVICES OR TRIALS.
kiweno may make changes to these terms and conditions at any time, and such changes shall also be effective for existing contractual relationships. The current version is available on the kiweno.com website (or will be sent to consumers upon request). Amendments to the GTC are permissible for consumers if the amendment is reasonable for the consumer, especially if it is minor and objectively justified. The consumer has the right to object to the change in the GTC in writing within one month of receipt of the notification of the change, otherwise the consumer accepts the changed GTC. kiweno will inform the consumer separately and before the start of the period for express declaration of this right of objection and the legal consequences of not objecting.
Certain services offered on kiweno.com have their own terms and conditions (“special terms and conditions”). Such additional terms and conditions apply in addition to these general terms and conditions or other terms and conditions that you have entered into or will enter into with KIWENO GmbH. In the event of any conflict between the Terms and Conditions, the Special Terms and Conditions shall prevail with respect to any conflicting terms and conditions – in addition, all other provisions of any agreed upon Terms and Conditions shall remain in full force and effect.
1 Subject matter of the contract
Customers have the opportunity to purchase tests for the analysis of food intolerances and intolerances via kiweno.com. After evaluation of the tests by the kiweno partner laboratory, customers can access the test results online via the health platform my.kiweno.com and receive general nutrition and lifestyle recommendations. In the course of these recommendations, it is possible to purchase suitable products. These analysis services and the purchase of suitable products are also available to customers who have purchased their test through other distribution channels (e.g. pharmacies).
The presentation of products in the online store on kiweno.com does not constitute a binding offer. Rather, the contract between kiweno and the customer is concluded as follows: By completing the technical ordering process and clicking the “Buy Now” button, the customer makes kiweno a binding offer to purchase the product in question.
kiweno accepts this offer by shipping the ordered goods. The transmission of the order confirmation takes place automatically and is therefore not a declaration of intent. It merely serves to inform the customer that his offer has been received and to provide information for a possible contract processing.
After receiving the test, the customer carries out the self-acceptance as described in the instructions for use. The test is evaluated by the kiweno partner laboratory. The test results are made available to the customer on the my.kiweno.com health platform belonging to the site.
The customer expressly agrees that the service (evaluation of the test, provision of the digital content – evaluation results and suggestions – on kiweno.com) may begin before the end of the 14-day withdrawal period in accordance with the FAGG and acknowledges that this means that withdrawal from the contract is no longer possible.
2 Order process for kiweno tests (technical steps leading to the binding offer of the customer)
The ordering process is as follows:
- The customer can access his shopping cart by clicking on the button “Go to shopping cart”.
- In the shopping cart the customer then clicks on the button “Continue to checkout”.
- The customer enters his delivery and billing address or confirms an existing delivery and billing address.
- The customer chooses the shipping method. The shipping costs are calculated on the basis of this information.
- The customer confirms the terms and conditions and agrees to them. Both AGB and revocation instruction are storable and printable.
- A final order overview follows.
- The customer finalizes his order by pressing the button “Buy now”. By pressing this button the order is finalized, the order was placed with costs.
The customer can correct input errors before pressing the final “Buy Now” button (see above illustration of the technical steps) by using the “Back” buttons, but also by directly selecting the corresponding control fields (invoice information, shipping information, shipping method, payment information).
After completing the order process, the customer will receive an automatically generated order confirmation with all order details.
The prices of the goods shown are final prices, which include 20% VAT. Not included are packing and shipping costs.
Payment can be made either by bank transfer (advance payment), credit card, instant bank transfer or with PayPal. Payments must be made in the full amount of the purchase price plus any shipping costs. Any bank transfer charges must be borne by the customer.
4 Delivery and shipping
The ordered goods will be shipped after receipt of payment (within 2 – 4 working days after receipt of payment). Depending on the delivery address, delivery time and shipping costs may vary.
5 Right of withdrawal for consumers
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You have the right to cancel this contract within fourteen days without giving reasons. The right to withdraw from the contract is only available for products who are bought in the kiweno online Shop.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must send us (KIWENO GmbH, Weisstraße 9, 6112 Wattens, Austria, Email: [email protected]) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for the additional costs resulting from your choosing a different method of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation with respect to this Agreement compared to the total amount of services provided under the Agreement.
6 Obligations of the customer upon registration
Certain services require the creation of a user account. The customer provides the following data: First name, last name, e-mail address, a password, telephone number and, voluntarily, gender.
By using the services of kiweno, the customer promises that the information provided to kiweno is accurate, current and complete. The customer also agrees to update his or her data immediately in the event of a change so that his or her data is correct, current and complete at all times. If there is reason to believe that any data is not correct, current or complete, kiweno has the right to block the customer’s account and deny access to the kiweno site and services.
In order to ensure optimal data security, customers must keep their password and account information safe and not share it with anyone. Customers are responsible for maintaining the confidentiality of their data and are responsible for all activities that occur in their account. Customers agree to notify kiweno immediately of any unauthorized use of their account or other security breaches.
kiweno reserves the right to take and enforce all necessary steps to ensure the security of the site or customer accounts. This includes deleting accounts (if necessary), changing passwords or requesting further information about customer accounts, in particular to verify transactions. kiweno is not responsible and liable for unauthorized use of accounts or for any damages resulting from such unauthorized use if such damages are due to shortcomings in the safekeeping and confidentiality of access data at the customer’s site.
7 Access Rights
kiweno grants the Customer limited, non-exclusive, non-transferable access to the Site and the right to use the services of kiweno for personal, non-commercial purposes.
The customer confirms that he will not attempt to do so under any circumstances: (a) damage the Site, the Services, the hardware or the network used to operate the Site; (b) distribute, sell, rent, sublicense, transfer, export or assign the Services or products of the Site in any way, or offer the Services or products of the Site to or for any third party (c) modify, copy or derive all or any portion of the Services, underlying software or hardware, printed materials, technology or products; (d) use the Site in any manner other than as described above.
The Customer agrees that any use of its account or password, whether by the Customer or by third parties authorized/appointed by the Customer, is its responsibility. kiweno reserves the right to deny access to the Site to anyone and for any reason described above.
8 Other customer obligations
The Customer agrees to comply with all applicable laws when using the Site and to not break any laws, whether local, national or international, when using the Site or its services. In particular, the customer will refrain from the following actions: (a) harass or harm other persons; (b) collect or store personal data of other persons; (c) imitate other persons or represent another person; (d) damage the Site, the networks, the software or hardware and the Services in any way or disregard any requirements for using the Site. Customer agrees not to reproduce, duplicate, copy, sell or resell the Site for any purpose whatsoever. Customer may not reverse engineer, disassemble, decompress or translate any portion of the Site or Services, use the source code of the Site or any third party to perform any of the above services. In any case, it is forbidden to use electronic means for the use of the Site or the Services (without limitation robots and computer programs); to frame the Site, to place pop-up windows over the Site or to change the presentation of the Site in any other way.
Customers agree not to use the Site to (a) be unlawful, harmful, threatening, harassing, abusive, defamatory, libelous, defamatory, vulgar, violent, obscene, pornographic, indecent, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable, illegal or abusive; (b) infringe any patent, trademark, right or intellectual property right; (c) to communicate abusive advertising such as chain e-mails, junk mail, messages regarding a pyramid scheme, or any other form of solicitation; (d) to use or distribute viruses, Trojan horses, software programs, time bombs, or other computer programs, files or code designed to damage, destroy or modify other computers, programs or software; (e) prevent other users from using the Site, the Services, other sites or links on the Site; (f) create a false identity; (g) prepare, download or copy any information from the Site and disclose it to any third person or party; (h) circumvent, modify or disable any program designed to secure the Site or the Services; (i) copy, download, duplicate, sell or distribute any portion of the Site or the Services for promotional purposes; (j) collect, retain or use any data from the Site.
9 Defects and liability of kiweno
kiweno provides all services and operates the kiweno.com and my.kiweno.com sites in accordance with the current state of technical and organizational conditions. kiweno reserves the right to change or, if necessary, to discontinue the site or services.
kiweno uses a secure transmission method (SSL) for the transmission of customer data. This is intended to achieve the highest possible security standard.
kiweno assumes no responsibility for any interruptions, malfunctions, deletions, faulty transmissions or a memory failure in connection with the use of services or communication with the customer. kiweno shall not be liable for delay or impossibility of service due to force majeure (e.g. strike, fire, war, theft, etc.) or for reasons beyond kiweno’s control (e.g. due to official orders or technical changes). The customer acknowledges that the services offered by kiweno are offered with the involvement of third party network operators. The availability of the services is therefore dependent on the technical provision of third-party network services, for which kiweno is not responsible.
While kiweno will always act in the best interests of its customers, it cannot guarantee the general usability, accuracy and correctness of data or content, the functionality or conditions of the site or services. Although kiweno has been created with years of experience and with the goal of helping our customers, it does not guarantee that the site or services will meet the expectations or demands of customers or that they will function without interruption, punctually, securely or without error.
kiweno assumes no liability for any results or events occurring through the site, the services or the content of the site, or for any errors in the site or that any errors in the site will be corrected. You understand and agree that any materials or documents downloaded or opened through the Site or any Partner Site are your sole responsibility and that kiweno shall not be liable in any way for any damage or loss resulting from such actions. No information, whether oral or written, shall create any warranty unless specifically requested.
In the event of maintenance work, the service offered may be limited – the customer has no claims whatsoever.
In general, kiweno’s liability for financial loss is limited to cases of intent or gross negligence on the part of kiweno or its agents. Liability for slight negligence is excluded. The above limitations of liability shall not apply to bodily injury or damage to health attributable to kiweno. If kiweno’s liability is excluded, this shall also apply to its vicarious agents.
kiweno makes no warranty that products, services or materials are available and approved in every country outside of Austria. Every customer who obtains services or information through our site acts on his or her own responsibility and is responsible for agreeing the legal conditions of the respective country.
10 Accuracy of the information
kiweno does not warrant that any information, images or graphics, descriptions or other content of the site is complete, accurate, reliable, secure, updated or error-free. The Customer shall notify kiweno as soon as he/she becomes aware of any errors, contradictory information or content on the Site or Services and agrees to the actions and changes made by kiweno.
11 Limitation of obligations
kiweno customers accept that, to the extent permitted by law, Bene-Eat GmbH, its directors, employees, subsidiaries, investors or other partners, licensees or agents shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of revenue, profits, goodwill, loss of business profits, loss of business information, or loss of business information, any data or other intangible loss (even if the parties have been advised, knew or should have known of the possibility of damage) resulting from use of the Site or the Services, regardless of whether such damage relates to contract, tort or warranty, is excluded. If customers are dissatisfied with the services of the Site or the Services, it is their own responsibility to discontinue use of the Site or the Services.
Any liability for damages resulting from the use of the site or service is limited to the amount of the costs incurred by the customer, but not exceeding 200 € (EURO two hundred).
12 Indemnity and indemnification
Customers expressly declare that they will fully indemnify and hold kiweno harmless in the event of claims resulting from their activities (e.g. due to incorrect or otherwise illegal data, illegal use of the site, etc.). This includes, but is not limited to, a claim against kiweno arising out of (1) a customer’s username, content or information submitted, posted or transmitted by a customer to kiweno.com, (2) a customer’s use of the web site or the Services, (3) a violation of site rules, (4) a violation by a customer of the rights of another person or entity, or (5) a customer’s viruses, trojan horses, worms or similar harmful or deleterious programs.
13 Data Protection
In addition, the customer agrees to the data provided during the registration process (first name, last name, e-mail address, telephone number, address, password, gender) as well as the test results on the health platform my.kiweno.com for the purpose of kiweno providing the contractual services. Personal medical data (test results) will not be used for marketing purposes or passed on to third parties. .
In detail, reference is made to the data protection declaration including the customer’s declaration of consent, which the customer expressly agrees to by confirming these GTC.
14 Monitoring and content of third parties
Suppliers outside of kiweno may advertise their products on the site. kiweno assumes no responsibility for products, information or services advertised by third parties on the kiweno site.
kiweno is not responsible for evaluating or reviewing the offerings, information or advertising of third parties or the content of third party sites. kiweno shall not be liable for any information, products or services of third parties or their sites that are accessible through kiweno in any way (such as through links).
Links to other sites or other locations are provided as a convenience to our customers. kiweno regularly checks links, but they are in no way connected to linked content. kiweno has no control over these other sites or content. KIWENO ASSUMES NO LIABILITY FOR INFORMATION, SOFTWARE OR LINKS ON OTHER SITES, INTERNET LOCATIONS OR SOURCES OF INFORMATION, NOR FOR ANY USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTIONS OF SUCH SITES OR THEIR OPERATORS.
16 Intellectual property
The software, code, methods and systems of this site and services (“our technology”) and the content of this site or our services (“our content”) are (1) protected by copyright (2) subject to other intellectual property rights and (3) may therefore be used exclusively by kiweno. In particular, our content and technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or resold in any way without prior written permission. All rights of use belong exclusively and exclusively to kiweno.
Names, logos and other materials displayed on the site or services are the property of Bene-Eat GmbH. Customers are not authorized to use trademarks or names of kiweno. All trademarks and names remain the property of Bene-Eat GmbH. There is no licensing.
17 Termination or termination
Customers may cancel their account at any time without giving reasons by sending an email to [email protected] The contract is considered terminated with immediate effect.
kiweno is entitled to terminate the contractual relationship without giving reasons by giving two weeks’ notice to the end of the respective month. This can be done via the kiweno.com website or by email to the email address last provided by the customer. Customers shall not have any claims against kiweno as a result of such an ordinary termination of contract.
In the event of a violation of security regulations, of essential contractual provisions (in particular point …), kiweno has the right to terminate the contract with immediate effect and without any prior warning. In the event that the customer suffers damages as a result of the termination / customer behavior, the customer shall indemnify and hold kiweno harmless.
18 Customer service and warranty claims
For content and services provided against payment, kiweno assumes the legal warranty according to §§ 922 ff ABGB.
Note: According to EU regulation no. 524/2013, the EU Commission provides a website (OS platform) for the settlement of out-of-court disputes arising from online legal transactions between consumers and entrepreneurs from the EU. The OS platform of the EU Commission can be found under this link: http://ec.europa.eu/consumers/odr/
Our e-mail address is: [email protected]
In case of questions, complaints, claims and suggestions, customers have the possibility to contact the kiweno customer service on workdays from 9:00 am to 5:00 pm at
Email: [email protected]
to contact us.
19 Final provisions
The invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
Written declarations shall be deemed to have been received if they are sent to the last address notified by the customer.
Only written agreements shall apply between the contracting parties. The amendment of the General Terms and Conditions must also be in writing. This also applies to any departure from the written form requirement. Verbal agreements are not legally binding. The customer acknowledges that employees or third parties employed by kiweno are not authorized to make promises that deviate from the contractually agreed upon main performance obligations.
Austrian law shall apply to this contractual relationship. The place of jurisdiction shall be the respective competent court in Vienna, Inner City.