General Terms and Conditions (GTC) of AIRBOOST GesmbH

(As of January 2026)

1. Scope of Application

These General Terms and Conditions (GTC) apply to all contracts, deliveries and services provided by AIRBOOST GesmbH (“AIRBOOST”) to business customers (“Customer”) within the Austrian drugstore retail sector and other B2B areas. Deviating terms of the Customer shall not apply unless expressly agreed to in writing by AIRBOOST.

2. Conclusion of Contract

Offers made by AIRBOOST are subject to change and non-binding. A contract shall only be concluded upon written order confirmation by AIRBOOST or upon delivery of the goods.

3. Prices and Payment Terms

All prices are stated in euros, excluding shipping costs and statutory value-added tax (VAT). Unless otherwise agreed, invoices are payable net within 30 days from the invoice date. In the event of late payment, statutory default interest pursuant to Section 456 of the Austrian Commercial Code (UGB) shall apply.

4. Delivery and Delivery Periods

Delivery dates are non-binding unless expressly agreed as fixed dates in writing. Events of force majeure, supply shortages, official measures or other unforeseeable circumstances shall reasonably extend delivery periods. Partial deliveries are permissible.

5. Transfer of Risk

The risk shall pass to the Customer upon handover of the goods to the carrier or freight forwarder, even in the case of carriage-paid delivery.

6. Retention of Title

Delivered goods shall remain the property of AIRBOOST until full payment has been received. In the event of resale, the Customer hereby assigns to AIRBOOST all claims arising therefrom.

7. Notice of Defects and Warranty

The Customer shall inspect the goods immediately upon receipt and notify AIRBOOST in writing of any obvious defects within five (5) working days. In the event of justified defects, AIRBOOST shall, at its discretion, provide replacement, repair or issue a credit note.

8. Liability

AIRBOOST shall be liable only for damages caused by gross negligence or intent. Liability for loss of profit or consequential damages is excluded, except in cases of mandatory statutory liability.

9. Product Compliance and Retail Requirements

1. AIRBOOST warrants compliance with all applicable statutory minimum requirements.
2. Retailer-specific or trade-specific requirements shall only be owed if expressly agreed in writing.

10. Data Protection

AIRBOOST processes personal data exclusively in accordance with the General Data Protection. Regulation (GDPR) and solely for the purpose of contract performance.

11. Confidentiality

Both parties undertake to maintain strict confidentiality with regard to all business-related information, in particular pricing agreements, development documents and customer data.

12. Place of Performance and Jurisdiction

The place of performance shall be the registered office of AIRBOOST GesmbH. Austrian law shall apply exclusively. The place of jurisdiction shall be Vienna, Austria, unless mandatory statutory provisions provide otherwise.

13. Final Provisions

1. Amendments and supplements shall require written form. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible provision that most closely reflects. 

 

Additional Terms and Conditions for Online Purchases (B2C) – AIRBOOST GesmbH

1. Scope of Application for Online Purchases

These supplementary terms and conditions apply to all contracts concluded via the online shop of AIRBOOST GesmbH (“AIRBOOST”) with consumers within the meaning of the Austrian Consumer Protection Act (KSchG).
In the event of any conflict, these Online B2C Terms shall prevail over the general B2B Terms and Conditions.

2. Online Ordering Process and Conclusion of Contract

1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
2. By clicking the button “Buy now”, the customer submits a binding offer to purchase the selected goods.
3. A binding contract is concluded only upon dispatch confirmation or delivery of the goods.

3. Prices and Online Payment

1. All prices are stated in euros and include statutory value-added tax (VAT), excluding shipping costs.
2. The following payment methods are available, subject to availability:
• Credit card (Visa, MasterCard)
• PayPal
• Instant bank transfer / Klarna
• Apple Pay / Google Pay (if activated)
3. The selected payment method will be charged immediately upon conclusion of the contract.
4. AIRBOOST reserves the right to exclude individual payment methods without stating reasons.

4. Delivery

1. Delivery shall be made to the delivery address provided by the customer.
2. Delivery times are non-binding unless expressly stated as binding.
3. Partial deliveries are permitted provided they are reasonable for the customer.

5. Right of Withdrawal / Right of Cancellation (Distance Selling)

Right of Withdrawal

The customer has the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period shall be 14 days from the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the goods.

Exercise of the Right of Withdrawal

To exercise the right of withdrawal, the customer must inform AIRBOOST of their decision to withdraw from the contract by means of a clear statement (e.g. by email or letter).

Consequences of Withdrawal

1. AIRBOOST shall reimburse all payments received from the customer, including delivery costs, within 14 days from receipt of the notice of withdrawal.
2. The reimbursement shall be made using the same means of payment as used for the original transaction, unless expressly agreed otherwise.
3. The customer must return the goods within 14 days from the date of withdrawal.
4. The customer shall bear the direct costs of returning the goods.
5. The customer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to:

• sealed goods which are not suitable for return due to health protection or hygiene reasons, if the seal has been removed after delivery.

6. Warranty

The statutory warranty provisions under Austrian law shall apply.

7. Data Protection – Online Tracking and Analytics

AIRBOOST processes personal data exclusively in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).

7.1 Use of Analytics and Tracking Tools

The online shop uses the following technologies only after the user has given explicit consent via a cookie consent tool:

• Meta Pixel (Facebook / Instagram)
  to measure the effectiveness of advertising campaigns and to create anonymized target audiences.
• Google Analytics
  to analyze user behavior on the website (e.g. page views, session duration).

The following data may be processed:

• IP address (shortened/anonymized)
• Device and browser information
• Visited pages and interactions
• Referrer URL

7.2 Legal Basis

Processing is carried out exclusively on the basis of:

• Art. 6(1)(a) GDPR (consent)
  Users may withdraw their consent at any time via the cookie settings.

7.3 Data Transfer to Third Countries

It cannot be excluded that data may be transferred to the United States. Such transfers are based on:

• Standard Contractual Clauses approved by the European Commission
• Additional technical and organizational safeguards

7.4 Further Information

Further details can be found in the separate Privacy Policy of AIRBOOST.

8. Final Provisions

1. Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The place of jurisdiction shall be the registered office of AIRBOOST GesmbH, insofar as legally permissible.
3. Should any provision of these terms be or become invalid, the validity of the remaining provisions shall remain unaffected.