§ 1 Scope

1. The following terms and conditions are part of every contract concluded between USP Innovation und PatentverwertungsgesmbH, Austria, represented by its managing director Mr. Erhard Lengfeldner, headquartered at the same address (hereinafter referred to as CA&LE), and the customer.

2. CA&LE provides its services exclusively based on these general terms and conditions.

§ 2 Placing an Order

1. To place an order, the user selects the products of interest and confirms the purchase intention by clicking on "Add to Cart". The user can at any time:

   • View a list of selected products or modify the order by clicking on "My Cart" at the top right of the "Products" section.

   • Complete product selection or proceed to order by clicking "Cart".

   A summary of the order appears. If this list matches the user's selection, the user can proceed by clicking "I confirm my cart – I acknowledge my obligation to pay for this order". The user must then provide their data, either by logging in with an existing email address and password or by completing the form with their personal information (name, address, etc.). The user is informed and agrees that entering identification data constitutes proof of identity and agreement.

2. Product presentations (e.g., online) are not binding offers from CA&LE. Orders and the entered data are stored.

   The customer receives an order receipt via email. This does not constitute acceptance. A contract is only concluded upon the sending of a separate delivery confirmation email or dispatch of the goods.

   The contract language is German.

§ 3 Delivery Conditions / Shipping Costs

• Unless otherwise agreed in writing, delivery is made ex warehouse.

• For consumers, the shipping risk lies solely with CA&LE. For business customers, risk transfers upon handover to the shipper or designated carrier.

• Delivery is within 5 business days (Monday to Friday, excluding holidays), starting from contract conclusion. Timeframes may vary by country and shipping method.

§ 4 Payment Terms

• Available payment methods include PayPal and bank transfer.

• For payments via PayPal, claims are assigned to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. Necessary data will be transmitted to PayPal, which may perform credit checks using external credit agencies.
  By selecting this payment method, the customer consents to data transfer and credit checking. See PayPal’s privacy policy for details.

• All prices include statutory VAT.

• All shipping costs (packaging, transportation, insurance, delivery) are borne by the customer unless otherwise agreed. See § 4 (3).

• First-time orders over EUR 70 must be paid in advance or cash on delivery.

• In the event of payment delay, even if not the customer's fault, reminder fees and interest of 10.5% p.a. apply. Collection agencies may be used, and associated costs (as per the Austrian regulation BGBl No. 141/96) are charged to the customer.

• Payments are applied first to interest and costs.

• In case of default, CA&LE may forward the customer’s name (including previous names), gender, address, occupation, outstanding balance, and dunning data to credit bureaus and collection agencies, as per § 8 (3) DSG 2000.

§ 5 Retention of Title

Goods remain the property of CA&LE until fully paid.

§ 6 Warranty

• Statutory warranty regulations apply unless otherwise agreed.

• Warranty period for consumers is 12 months starting from delivery.

• For business customers, the warranty period is 12 months from delivery.
  This does not affect liability for damages due to injury to life, body, or health caused by intent or negligence.

• Business customers must inspect goods immediately and report any defects. Failure to do so means acceptance unless the defect was not recognizable. Defects discovered later must be reported immediately. Timely dispatch of notice suffices to preserve rights.

§ 7 Cancellation Policy

Right of Withdrawal

You may withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day:

• You or a third party (not the carrier) receive the goods (in case of a single or combined delivery);

• You or a third party (not the carrier) receive the last item (in case of multiple deliveries);

• You or a third party (not the carrier) receive the last part (in case of partial deliveries).

To exercise the right of withdrawal, contact us (USP Innovation CA&LE Cosmetics, email: office@calecosmetics.at) with a clear statement (e.g., letter, fax, email). Sending the notice before the period ends is sufficient.

§ 8 Consequences of Withdrawal

Upon withdrawal, we refund all payments, including standard shipping costs (excluding surcharges for non-standard delivery), within 14 days of receiving your notice. Refunds use the same payment method unless otherwise agreed, with no fees charged.

We may withhold the refund until we receive the goods back or proof of return, whichever is earlier.

Returned goods must be sent within 14 days of withdrawal notification. The deadline is met if goods are sent before expiration.

You bear the direct return shipping costs.

You are only liable for value loss if it results from handling beyond what is necessary to assess nature, characteristics, and functioning of goods.

Exclusion / Expiry of the Right of Withdrawal

No right of withdrawal exists for:

• Goods made to customer specification or clearly personalized.

• Perishable goods or those near expiry.

• Goods with price depending on market fluctuations beyond our control.

Right of withdrawal expires prematurely for:

• Sealed goods unfit for return due to hygiene if unsealed after delivery.

• Goods inseparably mixed with others post-delivery.

Sample Withdrawal Form

(Complete and return this form if you wish to withdraw from the contract.)

To: (Insert name, address, fax, email)

I/we hereby withdraw from the contract for the purchase of the following goods () / provision of the following service ()
Ordered on () / received on ()
Name and address of consumer(s):
Signature of consumer(s) (only if sent on paper):
Date:
(*) Delete as appropriate

§ 9 Limitation of Liability

• CA&LE is only liable (except for injury to life, body, health) for damages due to intent or gross negligence, including indirect damages (e.g., lost profit).

• Liability is limited to typically foreseeable damages at contract conclusion, except for intent/gross negligence or personal injury.

• Claims under product liability law remain unaffected.

§ 10 Online Dispute Resolution

The EU Commission has set up an online platform for dispute resolution: http://ec.europa.eu/consumers/odr

We prefer to resolve issues directly and do not participate in consumer arbitration procedures. Please contact us at office@calecosmetics.com.

§ 11 Final Provisions

1. Austrian law applies, excluding the UN Sales Convention.
   Consumers residing abroad may also invoke the law of their home country.

2. Place of performance is CA&LE’s registered office if the customer is a merchant.

3. Any disputes arising from the contract shall be resolved at the Commercial Court in Klagenfurt, provided the customer is a merchant.