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Conditions of Use
General Terms and Conditions EuRho® Vital Webshop of Euro OTC Pharma GmbH
§ 1 General Terms; Scope
The following General Terms and Conditions shall apply for all legal relations resulting from this Internet Shop under http://www.eurhovital-shop.com between the operator of this Internet Shop, company Euro OTC Pharma GmbH (hereinafter called „vendor”), and their customers. In each case the version of the General Terms and Conditions as amended at the time the contract is entered into shall prevail. Amendments or contradictory terms require written confirmation by the vendor.
§ 2 Conclusion of contract
(1) The presentation of the goods in the Internet Shop shall not represent a binding offer by the vendor for conclusion of a sales contract. Through his/her order, the customer shall only be called on to submit an offer for the conclusion of a sales contract.
(2) By posting the order in the Internet Shop, the customer submits a binding offer for the conclusion of a sales contract for the goods contained in the shopping basket. By submitting the order, the customer accepts these General Terms and Conditions to be solely applicable for the legal relation with the vendor.
(3) The vendor acknowledges receipt of the customer order by sending an e-mail of confirmation. This confirmation e-mail shall not represent the acceptance of the contract offer by the vendor. It is a mere evidence of receipt of the customer order. The notice of acceptance of the contract offer is expressed in form of a formal declaration of acceptance or in form of the delivery of the goods.
§ 3 Unavailability of performance
If a product ordered is not available within the delivery period and the vendor is not responsible for this unavailability, the vendor shall be permitted to withdraw from the sales contract. The vendor is committed to immediately informing the customer of the unavailability and to reimbursing the consideration.
§ 4 Right of revocation
(1) The customer has the right to withdraw from the contract, without stating reasons, within 14 days from the date of contract in writing (e.g. letter, fax, e-mail) or by returning the goods – if the goods are supplied to him/her before expiry of the period.
(2) The period starts with the receipt of this written declaration, but not before receipt of the goods by the customer and not before fulfillment of the vendor`s duty of information according to Article 246 § 2 in connection with § 1 paragraph 1 and paragraph 2 German Introductory Law to the Civil Code (EGBGB) as well as the vendor`s duty according to § 312e paragraph 1 sentence 1 German Civil Code (BGB) in connection with Article 246 § 3 German Introductory Law to the Civil Code (EGBGB). The cancellation period shall be deemed observed if the goods are returned or notice of revocation is given within the set period. Notice of revocation or goods shall be sent to:
Euro OTC Pharma GmbH
Edisonstraße 6
59199 Bönen
(3) In case of a valid revocation or valid return of goods, both parties have to return the received performance and any derived benefits (e.g. interests). If the customer cannot or not completely reimburse the received performance or only reimburse it in a declined condition the customer shall be obliged to provide compensation to the vendor. This shall not be valid if the impairment of the goods results from their examination – as would have been possible in a retail store. Besides, the customer can avoid the obligation to compensate for the decrease in value due to an impairment resulting from his/her using the goods in accordance with their intended purpose by not using the goods as if they were his/her property and by avoiding any action that might impair the goods.
The following General Terms and Conditions shall apply for all legal relations resulting from this Internet Shop under http://www.eurhovital-shop.com between the operator of this Internet Shop, company Euro OTC Pharma GmbH (hereinafter called „vendor”), and their customers. In each case the version of the General Terms and Conditions as amended at the time the contract is entered into shall prevail. Amendments or contradictory terms require written confirmation by the vendor.
§ 2 Conclusion of contract
(1) The presentation of the goods in the Internet Shop shall not represent a binding offer by the vendor for conclusion of a sales contract. Through his/her order, the customer shall only be called on to submit an offer for the conclusion of a sales contract.
(2) By posting the order in the Internet Shop, the customer submits a binding offer for the conclusion of a sales contract for the goods contained in the shopping basket. By submitting the order, the customer accepts these General Terms and Conditions to be solely applicable for the legal relation with the vendor.
(3) The vendor acknowledges receipt of the customer order by sending an e-mail of confirmation. This confirmation e-mail shall not represent the acceptance of the contract offer by the vendor. It is a mere evidence of receipt of the customer order. The notice of acceptance of the contract offer is expressed in form of a formal declaration of acceptance or in form of the delivery of the goods.
§ 3 Unavailability of performance
If a product ordered is not available within the delivery period and the vendor is not responsible for this unavailability, the vendor shall be permitted to withdraw from the sales contract. The vendor is committed to immediately informing the customer of the unavailability and to reimbursing the consideration.
§ 4 Right of revocation
(1) The customer has the right to withdraw from the contract, without stating reasons, within 14 days from the date of contract in writing (e.g. letter, fax, e-mail) or by returning the goods – if the goods are supplied to him/her before expiry of the period.
(2) The period starts with the receipt of this written declaration, but not before receipt of the goods by the customer and not before fulfillment of the vendor`s duty of information according to Article 246 § 2 in connection with § 1 paragraph 1 and paragraph 2 German Introductory Law to the Civil Code (EGBGB) as well as the vendor`s duty according to § 312e paragraph 1 sentence 1 German Civil Code (BGB) in connection with Article 246 § 3 German Introductory Law to the Civil Code (EGBGB). The cancellation period shall be deemed observed if the goods are returned or notice of revocation is given within the set period. Notice of revocation or goods shall be sent to:
Euro OTC Pharma GmbH
Edisonstraße 6
59199 Bönen
(3) In case of a valid revocation or valid return of goods, both parties have to return the received performance and any derived benefits (e.g. interests). If the customer cannot or not completely reimburse the received performance or only reimburse it in a declined condition the customer shall be obliged to provide compensation to the vendor. This shall not be valid if the impairment of the goods results from their examination – as would have been possible in a retail store. Besides, the customer can avoid the obligation to compensate for the decrease in value due to an impairment resulting from his/her using the goods in accordance with their intended purpose by not using the goods as if they were his/her property and by avoiding any action that might impair the goods.
(4) Parcel transportable goods have to be returned at the vendor`s risk. The customer shall bear the cost of return if the goods supplied comply with the goods ordered and if the price of the goods returned does not exceed an amount of EUR 40,00 or if, in case of a higher price of the goods returned, the customer has not made full consideration or a contractually agreed part payment at the time of withdrawal. Otherwise, return of goods is free of charge for the customer. Articles that cannot be shipped in parcels will be picked up at the customer address.
(5) Obligation to reimbursement of payments shall be fulfilled within 30 days. This period starts with the dispatch of the notice of revocation or of the goods supplied by the customer or with the receipt of goods by the vendor.
§ 5 Terms of shipment and delivery
(1) All articles are shipped, as far as available from stock, within ten workings days from receipt of the order. Sales and delivery is effected only within Germany to a customer or dispatch address located in Germany. Delivery of goods is carried out by parcel post by a commissioned forwarding company to the indicated dispatch address in Germany.
(2) If an article is not available on short call, the vendor shall immediately inform the customer by e-mail about the expected delivery time. In case of delay in delivery which is not within the responsibility of the vendor, the customer shall not be entitled to claim compensation for damages against the vendor unless readiness for delivery had been guaranteed by the vendor.
(3) All prices indicated are final prices containing value-added tax valid at the time of order. Before conclusion of the contract, the vendor refers the customer to costs of shipping and logistics. A minimum order quantity does not exist. If the order value does not exceed EUR 30,00, independently from the number and weight of the ordered article, the vendor shall charge shipping and packaging cost of EUR 4,95 for deliveries within Germany. If the order value exceeds EUR 30,00 shipping cost shall not be charged to the customer.
(4) The vendor shall be entitled to partial deliveries. Arising additional cost shall be borne by the vendor.
§ 6 Date of maturity and payment
(1) In case of orders within Germany the customer can effect payment as follows:
Direct debit authorization (bank collection)
Transfer into the account of the vendor (advance payment)
Credit card
Paypal
(2) If the customer selects advance payment as method of payment, the bank details of the vendor will be mentioned in the order confirmation. The vendor shall supply the goods under consideration of the stated delivery time from receipt of payment.
(3) In case of a return debit note the customer shall bear the arising additional cost. A handling fee of EUR 10,00 shall be charged per return debit note. In this case the customer has to pay the amount of invoice immediately by bank transfer.
Paypal
(2) If the customer selects advance payment as method of payment, the bank details of the vendor will be mentioned in the order confirmation. The vendor shall supply the goods under consideration of the stated delivery time from receipt of payment.
(3) In case of a return debit note the customer shall bear the arising additional cost. A handling fee of EUR 10,00 shall be charged per return debit note. In this case the customer has to pay the amount of invoice immediately by bank transfer.
(4) The customer shall have the right to set off only if his/her claim for set-off is legally binding or undisputed. The customer shall have the right of retention only if the mutual claims arise from the same contract.
§ 7 Reservation of ownership
Reservation of ownership in favour of the vendor until full payment of the purchase price by the customer.
§ 8 Warranty
(1) In case of quality complaints the customer shall be entitled to demand delivery of goods which are free from defects or rectification. If the customer is a trader, the vendor shall have the right to select between delivery of goods which are free from defects and rectification. The vendor shall be entitled to refuse the kind of supplementary performance selected by the customer if this is connected with unreasonably high cost. Expenditure arising from the supplementary performance shall be borne by the vendor.
(2) If rectification fails, the customer shall have the right, respectively in accordance with the applicable law, to cancel the sales contract, to reduce the purchasing price or to claim damages or replacement for his/her expenses. Claims for damages by the customer shall be subject to the special regulations as mentioned in §9 of these General Terms and Conditions
(3) The warranty period is two years from the date of delivery. If the customer is a trader, the warranty period is twelve months from the date of delivery.
(4) For traders, the following applies: The customer must examine the goods immediately upon receipt. The goods supplied shall be deemed to be accepted by the customer if the vendor is not notified in writing of the deficiency (i) within 14 days from the date of delivery in case of apparent defects or else (ii) within 14 days after discovery of the defect.
(5) Warranty claims shall not be valid if the deficiency is due to improper handling, use or change of the goods supplied. After opening of the product packaging, claims for use of the product can only be asserted within the product shelf life. The vendor shall not assume any liability for a certain success to be achieved with the products acquired.
§ 9 Limitation of liability
(1) On the basis of the current state-of-the-art, error-free and/or permanent availability of data communication via the Internet cannot be assured. Therefore, the vendor shall not be made liable for the permanent and uninterrupted availability of the Online Shop or for technical and electronic failures on which the vendor has no influence, especially not for the delayed processing of orders.
(2) Claims for damages by the customer are excluded unless otherwise determined in the following. The aforesaid disclaimer of warranty shall also apply in favour of the legal representatives and servants of the vendor in so far as the customer submits claims against them.
(3) On the basis of the legal regulations, the vendor shall be liable for damage to life, body and health resulting from culpable breach of duty of the vendor, his legal representatives or servants as well as for damages falling under the scope of the Product Liability Act. Moreover, according to the legal regulations, the vendor shall be liable for damage resulting from deliberate or grossly negligent violation of contract or fraudulent intent of the vendor, his legal representatives or servants. In case of simple negligence, liability for damages shall be limited to the foreseeable, typically arising damage.
(4) By submitting the purchase order, the customer declares to have read and understood the following information: If you are taking drugs or are under medical treatment, you have to consult your doctor before taking any dietary supplement. Do not stop taking drugs without prior consultation of your doctor. Dietary supplements are not intended for the treatment of diseases and for the replacement of a balanced diet. It is true that dietary supplements can partially reduce the risk to get certain diseases, but they do not exclude this risk.
§ 10 Privacy
(1) The customer grants the vendor the express authorization to store and to process the data required to fulfill the contract. When storing and processing customer data, the vendor shall observe the relevant data protection provisions.
(2) The address and data for handling of payment required by the vendor for the execution shall be used only for the fulfillment of the performance. Depending on the performance, it can be necessary to transfer the data to trade and service partners of the vendor. The vendor especially reserves the right to transmit personal data to credit enquiry agencies as far as required for the purpose of a credit check.
(3) The customer shall always be entitled to get free information about his/her stored data, to have them corrected, blocked and deleted as far as these data are no longer required for the execution of an order or are subject to legal obligation to retain them. The vendor shall not merchandise the address data.
§ 11 Applicable law
(1) The law of the Federal Republic of Germany excluding the United Nations Conventionon Contracts for the International Sale of Goods (CISG) shall be applicable for all legal relations between the parties.
(2) If the customer is a trader in terms of § 1 paragraph 1 German Commercial Code (HGB), a body corporate organize dunder public law or a special fund under public law, the exclusive jurisdiction for all disputes arising from this contract shall be the legal domicile of the vendor.
(3) The contractual language is the German language.
§ 12 Severability clause
Should any provision of these General Terms and Conditions be or become void or infeasible, this shall not affect the validity of the other provisions and the General Terms and Conditions shall remain effective. The parties shall be obliged to come to a new, legally allowed provision which most nearly achieves the intention of the invalid or infeasible provision.
Bönen, January 20, 2011
Euro OTC Pharma GmbH
Euro OTC Pharma GmbH
