General terms and conditions of business

1. Validity of the General Terms and Conditions

The general terms and conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between Opus Novo GmbH and customers who are consumers. This includes in particular all contracts that consumers conclude via the online shop or the contact form on the website www.elly.care, or directly with authorized employees of Opus Novo GmbH.

A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
Consumer transactions within the meaning of these General Terms and Conditions are legal transactions with customers who are to be regarded as consumers within the meaning of § 1 KSchG (Austrian law). These are the people for whom business is not part of running your business. The customer's order represents an offer to our company to conclude a purchase contract.

These general terms and conditions also apply to all future contract designations, even if they are not expressly referred to in additional contracts. The version of our General Terms and Conditions that is current at the time the contract is concluded applies, which can be accessed via the link www.elly.care/allgemeine-geschaftsbedingungen. We contract exclusively on the basis of our terms and conditions.

2. Acknowledgment of the GTC

The customer acknowledges these GTC and agrees to them as soon as he places an order or concludes a purchase or rental contract. The contractual partners agree on the application of Austrian law. If the consumer/customer has his place of residence or habitual residence in Germany or is employed in Germany, only the jurisdiction of the court in whose district the place of residence, habitual residence or place of employment is located can be justified for a lawsuit against him . This does not apply to legal disputes that have already arisen.

3. Defense Clause

The inclusion of general terms and conditions or contractual terms of the customer that deviate from these terms and conditions will be rejected unless they are expressly recognized by Opus Novo GmbH.

4. Conclusion of contract

4.1. Internet presence of Opus Novo GmbH on the website www.elly.care

The product presentation on the website does not represent an offer in the legal sense. The product descriptions contained in the online shop do not represent any binding offers on the part of the seller. Rather, they serve to enable the customer to submit a binding offer. It is an invitation to the customer to submit an offer himself. The customer submits the offer in the legal sense by entering the name and address, thereby also placing an order. The receipt of the order is confirmed together with the acceptance of the order immediately after it has been sent by an automated or non-automated e-mail. With this e-mail confirmation, the purchase contract has come about.

4.2. order process

With the overview of the product range of the online shop at www.elly-care.com, the customer can select the desired product(s), save it and then order it. The customer can then use a clearly marked button to order the temporarily stored product(s) subject to payment. The customer must enter his billing/delivery address and the desired payment method. When choosing an external payment service (e.g. PayPal), the customer is forwarded to the external website of the respective payment service provider. Before the order is submitted, the data relevant to the order are summarized again in an order overview. The customer is free to check his details in the order overview again and correct them if necessary before he sends his paid order to Opus Novo GmbH using a clearly marked button. By sending this, the customer submits a binding purchase offer in relation to the product(s) he/she has selected.

4.3. Order confirmation is equal to the conclusion of a contract

We are constantly developing the content of this website and strive to provide correct and up-to-date information. Unfortunately, we cannot accept liability for the correctness of any content on this website, especially that provided by third parties. If you notice problematic or illegal content, please contact us immediately, you will find the contact details in the imprint.

5. Right of Withdrawal and Withdrawal

In accordance with applicable law, you can return the goods received without giving a reason within 14 days by sending the goods back. Under certain circumstances, however, we as a provider offer a voluntary, extended cancellation period of up to 30 days. However, this is marked separately for each affected offer in each individual case. If you withdraw from the purchase contract within this cancellation period, you will not incur any costs. You can find more details on the right of withdrawal and cancellation in the cancellation policy.

5.1. Right of withdrawal

The following cancellation policy applies to contracts for goods that can be sent as a package by post or a package delivery service.

5.1.1. Right of withdrawal for goods that can be sent by parcel post

As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named and authorized by you who is not the carrier last took possession of the goods. The day of the order is therefore not relevant for the cancellation period.

In the case of a contract for several goods which you as a consumer have ordered as part of a single order and which are delivered separately, the cancellation period for all goods from the same contract begins on the day on which the last good of this contract was picked up by you or one of third party other than the carrier named and authorized by you was last taken into possession. The same applies in the case of a partial shipment.

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or via the contact form on our website). The deadline for this is the receipt of your decision by us. For this reason, please note the duration of the dispatch route with Post-Versandt and plan enough time so that the 14-day period for the revocation is not exceeded. Please use the following postal address as the address for a notification of a decision: Opus Novo GmbH; Glacisstrasse 43a/1/5; A-8010 Graz; Austria. You can find the cancellation form HERE .

Under certain circumstances, we as a provider offer a voluntary, extended cancellation and cancellation period of up to 30 days, whereby the above paragraphs apply in this case with a changed cancellation and cancellation period. However, this voluntary and goodwill-based offer by the provider is marked separately in each individual case for each affected offer (e.g. by saying “30-day free trial”). If there is no reference to a voluntary, extended withdrawal and cancellation period in the offer and in the order confirmation, or in the concluded purchase contract, the general statutory provisions of 14 days apply.

5.1.2. Consequences of revocation

If you revoke a contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 30 days from the day on which we received the notification of the cancellation of the contract in question. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. In addition, we may require you to provide your account details in order to reimburse you directly to your bank account. In this regard, however, we must contact you separately and obtain your consent in this regard. Under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back. If you send back the goods damaged or incomplete and it can be proven that you are responsible for the damage or for the lack of certain components, we can also refuse the repayment or only carry out the repayment in part. In this case, you may be charged for the damage or missing components. However, we cannot charge you for these costs if it can be proven that the damage or the loss of individual components was not caused by you but by the parcel/delivery service.

You must send back the goods immediately and in any event no later than 14 days from the day on which you informed us of the cancellation of the contract in question. Use the following parcel address for this: Opus Novo GmbH; Glacisstrasse 43 a/1/5; A-8010 Graz; Austria. The deadline is met if you send back the goods before this period of 14 days has expired.
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer cannot be revoked.

We may offer "purchase on account" as a payment option with a payment term of "30 days". In this case, it may happen that the payment term is the same as any withdrawal period that the provider has voluntarily extended. In this case, if you withdraw from the purchase contract within the withdrawal period, you do not have to pay the invoice amount, even if the goods do not reach us until the payment deadline has expired. In this case, the paragraphs above apply accordingly; in particular, the provider reserves the right to charge for costs incurred for damage or missing components.

5.1.3. There is no right of cancellation for the following contracts:

  1. Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer
  2. Contracts for the supply of goods that can spoil quickly or whose use-by date would quickly expire
  3. Contracts for the delivery of goods that are not suitable for return for reasons of health protection or hygiene if they have been opened or used after delivery
  4. Contracts for the delivery of goods if these are inseparably mixed with other goods after delivery due to their nature
  5. Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery
  6. Contracts for the delivery of newspapers, magazines or illustrations, with the exception of subscription contracts
  7. Contracts for the delivery of goods, the price of which was agreed upon when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which Opus Novo GmbH has no influence.

5.1.5. Completion of the cancellation policy

In principle, you do not need a ready-made (sample) form for the revocation. You can submit your declaration in this regard to us informally using the methods described above. However, if you wish, you can also use a ready-made (sample) form for your revocation. A suitable template for this can be found at the bottom of this website.

6. Product rental and billing of mobile phone and internet costs

If necessary, the provider enables the rental of the product as an alternative to the product purchase. In the case of special offers, it can also happen that the provider also sells a WiFi router including a SIM card with an Internet tariff and charges the costs incurred for monthly Internet use on a monthly basis. Both cases are explained in the following sub-items:

6.1. Product Rental

In the case of a product rental or a subscription model including product rental, the rental or the subscription model can be terminated by the consumer at any time. The rental ends with the arrival of the goods after they could be checked and the clear written notice of termination by e-mail or letter. The return is made to the address of Opus Novo GmbH, which is given in the imprint.

Failure to pay two or more monthly rents without returning the device will result in a claim for damages in the amount of the list price of the device. During the entire rental period, the consumer must treat the product that is not his property with care. In the event of intentional damage that is not due to normal wear and tear and normal signs of use, the consumer undertakes to be liable for the damage that has occurred. If a repair is possible, the consumer undertakes to pay the repair costs in the event of damage. If no repair is possible, a claim for damages in the amount of the device list price is due and asserted.

In the event of damage occurring during an upright relationship and which can be traced back to normal signs of use and normal wear and tear, the manufacturer undertakes to carry out maintenance free of charge and, if necessary, to send the consumer a replacement module free of charge in the event of total failure.

In addition, a free test phase can be provided for a product rental, which automatically turns into a paid contract after a previously defined period of time. However, if the lessee wishes to return the product before the end of the free test phase, he must notify Opus Novo GmbH of this in writing by e-mail or letter before the start of the actual payment period. Only then is it possible to cancel the part of the rental agreement that is subject to payment in good time. In the event of late termination, the other conditions for terminating the rental agreement will automatically apply. There is no legal entitlement to such a free test phase. When concluding the contract, consumers are explicitly informed about the duration and possibility of a free test phase if this is offered by Opus Novo GmbH in individual cases.

6.2. Billing of mobile phone and internet costs

Under certain circumstances, the provider also offers a WiFi router including a SIM card with an Internet tariff for certain price models. In this case, the Internet router is loaned to the end customer free of charge, and the monthly costs incurred for using the mobile phone and Internet network (Internet tariff) are passed on to the customer on a monthly basis. In any case, the Internet router and the SIM card itself remain the property of the provider.

If you fail to pay for two or more months without giving a reason and without making a replacement or additional payment, the Internet tariff will be automatically blocked by the provider and further use of the SIM card will no longer be possible. In addition, the customer is asked to return the SIM card and the router to the provider. As part of the purchase contract, the customer undertakes to return the SIM card and router to the provider at the request of the provider.

The specific conditions of the Internet tariff are listed in the offer or in the order confirmation. The customer undertakes to enable a simple way of monthly billing and payment of the monthly Internet fees.

Any internet fees incurred are always billed separately and are not included in the product purchase. It is not possible to pay several months in advance. In principle, the provider voluntarily and as a gesture of goodwill waives a minimum contract period (binding) for the Internet contract and runs the risk of having to bear the costs for any binding with the network operator if the customer terminates the contract beforehand. However, this can be changed by the provider in individual cases. Specific information can be found in the purchase contract or in the order confirmation.

If the customer would like to terminate the Internet contract, an informal email to the provider is sufficient. In addition, the customer is asked to return the SIM card and the W-Lan router to the provider. In this case, however, the provider assumes the costs for returning the Internet router and SIM card.

If the provider does not provide for a minimum contract period (binding) for the further charged Internet tariff, the provider reserves the right to adjust the monthly charged tariff fees at any time as desired. However, such an adjustment must be communicated to the customer in writing or by e-mail at least 2 months before it becomes valid.

7. Prices

In principle, the purchase price for the ordered goods is deemed to be agreed, which results from the current brochures, catalogues, price lists, web shop information or similar publications of our company. All product prices are total prices; they include the statutory value-added tax (VAT), unless otherwise indicated.

Subject to price errors. If the correct price is higher, the customer is contacted. In this case, a contract is only concluded if the customer wants to buy at the actual price. If the correct price is lower, this price will be charged.

8. Shipping Costs

In addition to the specified product costs or product prices, there are also shipping costs. You can find more information about the shipping costs in the offers and in the web shop. The basic shipping costs can also be found in the FAQ, although the actual shipping costs in the offers may differ from the information in the FAQ. In this case, the details in the offers are the correct shipping costs. Unless otherwise stated, the applicable sales tax (VAT) is included in the shipping costs.

When paying by cash on delivery, the cash on delivery fee must also be paid. Opus Novo GmbH will not charge the customer for this, but the customer must pay this directly to the delivery agent. The customer does not have the option of claiming back this fee from Opus Novo GmbH. In addition, Opus Novo GmbH reserves the right to temporarily or permanently suspend this payment method.

9. Terms of Delivery

Unless otherwise agreed, delivery will be made to the address specified by the customer. We also deliver to packing stations. In the event of incorrect, incomplete or unclear information provided by the customer, he shall bear all the costs incurred as a result.

The estimated delivery time is usually given during the ordering process. When paying in advance, if offered, the delivery period begins one working day after receipt of the amount in the bank account of Opus Novo GmbH. When paying by cash on delivery or purchase on account, if offered, the delivery period begins one working day after the day the contract was concluded. In all other cases, the delivery period begins one working day after receipt of the order.
If the goods are damaged during transport, the customer must report the damage to the transport company and Opus Novo GmbH immediately. The damage is claimed from the transport company.

Opus Novo GmbH bears no responsibility in the event of delivery obstacles in the area of ​​suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which Opus Novo is not responsible, Opus Novo GmbH is entitled to partially or fully withdraw from the contract. Opus Novo GmbH will inform the customer of this immediately. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the ordering process.

If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable amount of time in advance. Compliance with the expected delivery time, which the seller specifies as part of the sales process in the web shop on www.opus-novo.com, is to be regarded as a reasonable time.

Unless otherwise agreed, delivery will be made to the address specified by the customer. We also deliver to packing stations. In the event of incorrect, incomplete or unclear information provided by the customer, he shall bear all the costs incurred as a result.

The estimated delivery time is usually given during the ordering process. When paying in advance, if offered, the delivery period begins one working day after receipt of the amount in the bank account of Opus Novo GmbH. When paying by cash on delivery or purchase on account, if offered, the delivery period begins one working day after the day the contract was concluded. In all other cases, the delivery period begins one working day after receipt of the order.

If the goods are damaged during transport, the customer must report the damage to the transport company and Opus Novo GmbH immediately. The damage is claimed from the transport company.

Opus Novo GmbH bears no responsibility in the event of delivery obstacles in the area of ​​suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which Opus Novo is not responsible, Opus Novo GmbH is entitled to partially or fully withdraw from the contract. Opus Novo GmbH will inform the customer of this immediately. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the ordering process.

If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable amount of time in advance. Compliance with the expected delivery time, which the seller specifies as part of the sales process in the web shop at www.elly.care, is to be regarded as a reasonable time.

10. Maturity and retention of title

The purchase price is due at the latest upon delivery of the goods. The delivered goods remain the property of Opus Novo GmbH until full payment has been made.

Leased products remain the property of Opus Novo GmbH for the entire duration of the lease. An automatic transfer to the property of the tenant is not intended, but can be requested informally by the tenant. If Opus Novo GmbH agrees to a transfer of ownership, the conditions must be negotiated separately in each individual case. However, tenants have no legal right to transfer of ownership.

11. Terms of Payment

The payment methods currently offered are listed in the Opus Novo GmbH web shop. This list can change constantly, but it is in the interest of the provider to offer enough different payment methods so that every customer can be offered a payment option with reasonable effort, regardless of technical and legal requirements.

In the event of a delay in payment, Opus Novo GmbH is entitled to choose between compensation for the damage incurred or interest on arrears at the statutory rate. This is 4% pa for consumers. Opus Novo GmbH is entitled to charge compound interest from the day the goods are handed over if the customer defaults in payment.

The payment data are transmitted in encrypted form over the Internet during the ordering process. Due to a special integration into the ordering process, we never have access to your payment data and are therefore not the processor of your data. These are processed exclusively by the payment service providers. You can access the data protection declarations of these payment providers on the respective website of the desired payment provider.

12. Warranty

Unless otherwise specified, the general legal regulations apply.
The warranty is excluded for defects caused by the customer. This is particularly the case in the event of improper handling, incorrect operation, non-compliance with the regulations and recommendations in the operating instructions, unauthorized repair attempts, improper cleaning attempts (see operating instructions) and other negligent actions which lead to damage or complete destruction or to personal injury.

The shortened limitation period does not apply to damage caused by a grossly negligent breach of duty by Opus Novo GmbH or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Opus Novo GmbH. Furthermore, the shortened limitation period does not apply to claims for damages due to the negligent or intentional breach of essential contractual obligations. Significant contractual obligations are obligations the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely.

If goods are delivered with obvious transport damage, please report such defects to the delivery agent immediately and contact us as soon as possible. Failure to make a complaint or contact has no consequences for the statutory warranty claims of consumers and only serves to support the provider in asserting his claims against the company commissioned with the delivery of the goods or against the insurance company.

13. Disclaimer

Claims for damages by the customer against Opus Novo GmbH are excluded unless Opus Novo GmbH or its vicarious agents have acted intentionally wrong or with gross negligence.

Liability for damage resulting from injury to life, limb and health, for grossly negligent or intentional breach of essential contractual obligations or insofar as liability is mandatory under the Product Liability Act or due to culpa in contrahendo or other breaches of duty or tortious claims for compensation for property damage remains unaffected. Significant contractual obligations are obligations the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely.

14. Privacy

Provisions on data protection are contained in the data protection declaration, which can be viewed on the Opus Novo GmbH website in the current version. The personal data provided by the customer will not be passed on to third parties by the seller, unless this is necessary for the execution of the contract. As part of our data protection declaration on the website www.elly.care, we provide all information on data protection as well as on the type, purpose and scope of the determination, use, storage and processing of personal data carried out by us. The version of the data protection declaration that exists at the time a contract is concluded is an integral part of these GTC and the individual points of the data protection declaration apply as if they were explicitly listed here again.

With regard to the use of the product, all data protection obligations lie with the end user. In any case, Opus Novo GmbH does not store any personal data as part of the product application on its servers, and has no access to any personal data stored locally in the app that was entered by users. In any case, the user himself must clarify with persons in need of care or other persons to be monitored whether he is allowed to do this and whether he can use the names of the persons concerned for local storage on the smartphone in order to be able to distinguish between different persons to be monitored.

15. Subject to change

We are entitled to unilaterally change these General Terms and Conditions (GTCs) insofar as this is to eliminate equivalence disturbances that have subsequently arisen or to adapt to changed legal or technical framework conditions, to integrate new products, sales channels, services and sales models or to change the business model of Opus Novo GmbH is required. We will inform the customer about a change, stating the content of the changed regulations to the customer's last known e-mail address, provided that these changes affect existing customers as well as existing and already concluded contracts and these contracts are subsequently changed as a result. If the customer is informed of the change, this becomes part of the contract if the customer does not object to the inclusion in the contractual relationship in writing or in text form within six weeks of receipt of the notification of the change.

16. Severability Clause

Should a provision of these General Terms and Conditions (GTC) be or become invalid, void, illegal or unenforceable, the validity of the remaining provisions of these General Terms and Conditions (GTC) shall not be affected. Instead of the ineffective, void, unlawful or unenforceable provision(s), a regulation shall apply which, within the scope of what is legally possible, comes as close as possible to the will of the provider and in its economic effect best corresponds to the ineffective, void, unlawful or not enforceable provision(s). This also applies in the event of a gap.

17. Contract Language

The language available for the conclusion of the contract is exclusively German! For information purposes, we also offer other languages, especially English, on our website and in various marketing and sales documents. However, contracts in other languages ​​and versions of these General Terms and Conditions (GTCs) in other languages ​​are for your information only. In the event of a dispute, only the German-language original versions of our contracts, data protection declarations and our General Terms and Conditions (GTCs) form the basis for dispute resolution or court proceedings.

18. Contract Law

Only substantive Austrian law applies to these General Terms and Conditions (GTC), excluding the reference nomenclature of private international law and excluding the UN Sales Convention. For all disputes arising from or in connection with these General Terms and Conditions (GTC), the exclusive jurisdiction of the court responsible for the registered office of the company Opus Novo GmbH is agreed.

19. Arbitration Board and Online Dispute Resolution

The EU Commission provides a platform for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

20. Graduation

Contact us with questions or suggestions, as well as with complaints via our contact form, which you can find on our website www.elly.care.

Status: 05/18/2022