Terms of service
§ 1 – Scope
These Terms and Conditions apply to all orders placed by consumers and businesses ("Customers") through the online shop at www.viraxe.com operated by Viraxe Labs GmbH ("Provider").
The Provider ships exclusively to Austria, Germany, France and Italy. Orders from other countries cannot be processed.
The version of these Terms and Conditions valid at the time of placing the order shall apply. Deviating terms of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
§ 2 – Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding invitation to the Customer to order goods (invitatio ad offerendum).
By submitting an order, the Customer makes a binding offer to purchase the goods contained in the shopping cart. The confirmation of receipt of the order by email does not yet constitute acceptance of the offer.
The contract is concluded only when the Provider ships the ordered goods to the Customer and confirms the shipment by email (shipping confirmation) or expressly accepts the order (order confirmation).
§ 3 – Prices and Payment
All prices stated in the online shop are final prices including the applicable statutory value-added tax. Additional delivery and shipping costs are displayed separately before completion of the order.
The following payment methods are available:
- Credit Card (Visa, Mastercard, American Express) via Shopify Payments
- PayPal
Payment is due immediately upon completion of the order. For credit card payments, the charge is processed upon shipment of the goods.
§ 4 – Delivery and Shipping
Delivery is made to the delivery address specified by the Customer. Further details are set out in our Shipping Policy at www.viraxe.com/policies/shipping-policy.
Estimated delivery times are:
- Austria and Germany: 2–3 business days
- France and Italy: 4–6 business days
The stated delivery times apply from the date of shipment. Shipping is handled by our fulfillment partner emoro.at (M&M Handels GmbH, Heuweg 10, 8041 Graz, Austria).
§ 5 – Retention of Title
The delivered goods remain the property of the Provider until the purchase price has been paid in full.
§ 6 – Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal pursuant to the Austrian Distance and Off-Premises Contracts Act (FAGG). The detailed withdrawal instructions and the model withdrawal form can be found in a separate document and at www.viraxe.com/policies/refund-policy.
In addition, the provider grants a voluntary 90-day satisfaction guarantee in accordance with § 7
§ 7 - Voluntary 90-Day Satisfaction Guarantee
In addition to the statutory warranty and withdrawal rights, the provider voluntarily grants a 90-day satisfaction guarantee. The consumer's statutory rights, in particular the right of withdrawal under § 6, remain unaffected and are not limited by this guarantee.
The guarantee applies only to first-time buyers and only to their first order of Viraxe Deepwork placed via www.viraxe.com. It may be claimed once per person and per household. The refund covers the purchase price of one bottle. Wholesale, reseller and B2B orders are excluded.
The claim must be made within 90 days of receipt of the goods; to meet the deadline, it is sufficient that the declaration is sent to office@viraxe.com within this period. The guarantee can be claimed provided the product has not been consumed by more than half.
To make a claim, an informal message stating the order number to office@viraxe.com is sufficient. After confirmation, the provider refunds the purchase price to the customer's original payment method within 14 days.
The provider reserves the right to refuse a claim where there are concrete indications of abusive or repeated use of the guarantee, in particular in the case of multiple or serial sign-ups. No claim exists beyond the terms set out above.
§ 8 – Warranty
The statutory warranty provisions under Sections 922 et seq. of the Austrian General Civil Code (ABGB) apply. The warranty period for consumers is two years from delivery of the goods. In the event of a defect, the Customer is primarily entitled to repair or replacement. If neither is possible or reasonable, the Customer may claim a price reduction or rescission of the contract.
§ 9 – Liability
The Provider is liable without limitation for intent and gross negligence as well as for damage resulting from injury to life, body or health. In the case of slight negligence, the Provider is liable to consumers in accordance with the statutory provisions.
The Provider points out that dietary supplements are not a substitute for a varied and balanced diet and a healthy lifestyle. The recommended daily intake must not be exceeded. Products must be stored out of the reach of children.
§ 10 – Data Protection
Information on the processing of personal data can be found in our Privacy Policy at www.viraxe.com/policies/privacy-policy.
§ 11 – Applicable Law and Jurisdiction
Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a consumer domiciled in the EU, the mandatory provisions of the law of the state in which the consumer has their habitual residence shall remain unaffected (Article 6(2) of the Rome I Regulation).
For disputes with businesses, the competent court at the Provider's registered office (Wels, Austria) shall have jurisdiction. For consumers, the statutory jurisdiction provisions apply, in particular the jurisdiction of the consumer's domicile or habitual residence.
§ 12 – Severability Clause
Should individual provisions of these Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic purpose of the original provision.
