1.1
The following General Terms and Conditions (“GTC”) apply to all purchase contracts for the ordering of goods which

Greenbeat Nutrition GmbH
Petersbergenstrasse 95b
8042 Graz (Austria)
office@braingood.eu

(hereinafter referred to as “Greenbeat”)

concludes with consumers within the meaning of the Consumer Protection Act (hereinafter referred to as “customers”) via the online store available at the Internet address www.braingood.eu (hereinafter referred to as the “Braingood Webshop”).

1.2
The version of the GTC valid at the time the contract is concluded shall apply.

All prices quoted in the Braingood webshop are inclusive of VAT, but exclusive of shipping costs. Shipping costs are shown separately during the ordering process. The relevant total price, which is made up of the prices of the items ordered (“item price”) and the shipping costs, is displayed to the customer before the customer submits his contractual declaration (see point 4.1.). For items that the customer orders on a recurring monthly basis in the form of a “Monthly Subscription” (see point 5.), the item price to be paid by the customer on a monthly basis and the costs incurred for shipping are shown in each case.

3.1
The customer places the products available in the Braingood webshop that he wishes to purchase in his virtual shopping cart. The shopping cart with the items placed in it by the customer can be viewed at any time by clicking on the corresponding symbol. After clicking on the “Pay” button, the customer is asked to enter their contact details, delivery and billing address and to select the desired payment method.

3.2
If the customer uses the “Express Checkout” option offered by means of the “Shop Pay” or “Google Pay” services operated by third-party service providers, the respective third-party provider transmits the contact details, delivery and billing addresses and payment information provided by the customer directly to Greenbeat; in this case, it is not necessary to enter this information again in the Braingood webshop.3.3Before submitting the order, the customer has the opportunity to check the data provided by him, the products selected by him and the total price of his order including shipping costs once again.

4.1
By sending his order, the customer submits a legally binding offer to Greenbeat to purchase the items selected by him at the total price displayed and confirmed by him at the end of the order process.

4.2
Greenbeat confirms receipt of the order by sending an order confirmation to the e-mail address provided by the customer. However, this order confirmation does not constitute acceptance of the offer. Acceptance of the offer by Greenbeat, and thus the conclusion of the purchase contract with the customer, takes place when the ordered items are dispatched (Section 864 (1) ABGB). The time at which the shipment is handed over to the carrier shall be decisive. A shipping confirmation stating the relevant time shall be sent to the customer at the e-mail address provided by the customer.

4.3
When the customer submits the purchase offer via the order form of the Braingood webshop, the contract text is saved by Greenbeat and transmitted to the customer in text form together with these GTC. The text of the contract can no longer be retrieved via the Braingood webshop or the website www.braingood.eu after the order has been sent.

4.4
The customer is bound to his offer for 14 days. Greenbeat is not obliged to accept the customer's offer, but may reject it without giving reasons. Greenbeat reserves the right to reject the customer's purchase offer in the following cases in particular:

• if it can be reasonably assumed that the customer is a non-authorized commercial reseller;
• if ordered items are not available;
• in the event of force majeure.

Greenbeat will notify the customer of any rejection of the offer by e-mail to the e-mail address provided by the customer

4.5
Only the German language is available for the conclusion of the contract.

5.1
If the customer selects the “Monthly Subscription” option - provided for certain articles - he will receive the article he has ordered on a recurring monthly basis. Greenbeat will ship the relevant article on the day of the month corresponding to the day on which the contract is concluded in accordance with point 4.2 (e.g.: contract concluded on May 14; the subscribed articles will be shipped on June 14, July 14, etc.).

5.2
The “Monthly Subscription” is unlimited in time and can be terminated at any time subject to a notice period of ten calendar days. For the first time, however, termination is only possible after three months from the date of conclusion of the contract (e.g.: conclusion of contract: May 14; earliest possible termination on August 14). The “Monthly Subscription” must be canceled by e-mail to info@braingood.eu, stating the name of the customer and the article in question. The date on which the e-mail with the notice of termination was sent is decisive for compliance with the notice period.

5.3
Subscribed articles that are sent on or before the day on which the termination takes effect must still be paid for by the customer.

6.1
Greenbeat accepts the following payment methods:

• Payment by credit card
• Payment by instant bank transfer, either via the payment service provider Klarna Bank AB, Sveavägen 46, 111 34 Stockholm (“Pay now with Klarna”) or via the online payment service “eps-Überweisung”.
• Payment on account via the payment service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm (“Invoice with Klarna”)
• Payment via Google Pay
• Payment via Shop Pay

6.2
Deviating from point 6.1, only payment by credit card is possible when selecting the option of a “Monthly Subscription”.

6.3
The customer acknowledges that the use of third-party services for payment is subject to the terms and conditions of the respective providers. Greenbeat accepts no liability for such third-party services.

7.1 General terms and conditions

7.1.1
The customer is obliged to pay in advance. Payment is due when the customer sends the order.

7.1.2
In the case of a “Monthly Subscription” (see point 5.), the monthly article price owed for each article following the initial order, including shipping costs, is due when the relevant article is shipped by Greenbeat. The corresponding amount will be debited from the credit card provided by the customer on the due date.

7.2 Special provisions for payment by “Invoice with Klarna”

7.2.1
If the customer chooses the payment method ’Invoice with Klarna”, payment is due 30 days after receipt of the invoice, in deviation from the “General Terms and Conditions” (point 7.1.). Payment is deemed to have been made on time if the customer instructs his bank to transfer the invoice amount on the last day of the 30-day payment period.

7.2.2
The customer acknowledges that if the “Invoice with Klarna” payment method is selected, Greenbeat's claim to the purchase price against the customer is assigned to the payment service provider Klarna Bank AB, Sveavägen 46, 111 34 Stockholm (hereinafter referred to as “Klarna”). Payment of the purchase price must therefore be made directly to Klarna. In the event of culpable default of payment, Klarna may charge reminder fees and statutory default interest (currently 4% p.a., § 1000 ABGB). Klarna provides more detailed information on “Costs and fees” in the event of late payment on its website, which can be accessed here.

8.1
Greenbeat only ships ordered items to Austria, Germany or Switzerland; the customer must therefore provide a delivery address located in one of these countries. Deliveries to P.O. Box addresses are not possible.

8.2
Shipping is carried out by DHL or DPD. Delivery usually takes a maximum of 2 to 5 days from the day of posting.

9.1
The customer has the right to withdraw from the contract concluded on the basis of these GTC within fourteen days without giving reasons.

9.2
The period for withdrawal is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods. If the customer has ordered several items as part of his order, the period for withdrawal begins on the day on which he or a third party named by him, who is not the carrier, has taken possession of the last item delivered. If the customer has ordered the regular delivery of an item over a certain period of time (“monthly subscription”), the period for withdrawal begins on the day on which the customer or a third party named by the customer who is not the carrier takes possession of the first item delivered.

9.3
In order to exercise his right of withdrawal, the customer must inform Greenbeat of his decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). The customer may use the retrievable sample withdrawal form for this purpose, but this is not mandatory.

9.4
In order to meet the deadline for withdrawal, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the deadline for withdrawal expires.

9.5
There is no right of withdrawal for perishable items and for sealed items that are not suitable for return for reasons of health protection or hygiene once the seal has been removed (e.g. opened preparations or individual doses).

9.6 Consequences of withdrawal

9.6.1
If the customer withdraws from the contract concluded on the basis of these GTC, Greenbeat must refund all payments received from the customer by Greenbeat, including shipping costs (with the exception of any additional costs resulting from the fact that the customer has requested a type of delivery other than the standard delivery offered by Greenbeat), immediately and at the latest within fourteen days of the day on which Greenbeat receives notification of the withdrawal from the contract. For this repayment, Greenbeat will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will Greenbeat charge the customer fees or other charges for the repayment.

9.6.2
The Customer acknowledges that repayment may be refused until Greenbeat has received back the items that were the subject of the contract covered by the withdrawal or until the Customer has provided proof that he has returned these items, whichever is the earlier.

9.6.3
The Customer must return the items to Greenbeat or hand them over personally without delay, but at the latest within fourteen days of the day on which he notifies Greenbeat of the withdrawal from the contract. In the case of returns, the deadline is met if the customer sends the items before the expiry of the fourteen-day period. The customer shall bear the costs of the return shipment.

The statutory warranty provisions apply. Warranty claims can be made to Greenbeat using the contact details given under point 1.

Greenbeat processes the customer's personal data in the course of the order process and the purchase transaction. This processing is carried out in accordance with the applicable data protection regulations. Further information on data protection can be found in the privacy policy for the webshop.

The European Commission provides a platform for online dispute resolution (ODR) to facilitate the out-of-court settlement of disputes between traders and consumers before an alternative dispute resolution entity (“ADR entity” within the meaning of Article 4(1)(h) of Directive 2013/11/EU). This platform is available at http://ec.europa.eu/consumers/odr/. However, Greenbeat is neither obliged nor willing to participate in out-of-court dispute resolution proceedings before an ADR entity.

13.1
If any provision of these GTC or the concluded contract is invalid or ineffective in whole or in part, this shall not affect the legal validity of all other provisions. The ineffective or invalid provision shall be replaced by the relevant provisions of the applicable dispositive statutory law.

13.2
Austrian law shall apply with the exception of the conflict of law rules of private international law.