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General terms and conditions with customer information

1) Scope

1.1 These general terms and conditions (hereinafter: “GTC”) of Ulrich Nachtsheim, acting under “Apotheke zur Rose” and “apo-rot international - a shop of Apotheke Zur Rose” (hereinafter: “seller”), apply for all contracts, deliveries and other services between the seller on the one hand and buyers (hereinafter: “customer”) on the other hand. The inclusion of the customer's own terms and conditions is hereby objected to unless agreed otherwise.

1.2 A consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or their independent professional activity. An entrepreneur in the sense of these general terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of contract & offer

2.1 The product descriptions contained in the online shop and all other sales materials of the seller are not binding offers by the seller, but serve to allow the customer to make a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may also submit the offer by telephone, by email, by post or by online contact form to the seller. Other terms and conditions apply if the customer has chosen the payment method PayPal or Immediate Payment; In these cases, the contract comes about with the click on “order (payment required)”.

Unless the payment method PayPal or Immediate Payment has been selected, the offer is accepted by Apotheke Zur Rose and the contract becomes effective when an order confirmation is sent to the customer or the products are dispatched or delivered to the customer. The order confirmation sent automatically by email does not constitute an order confirmation or acceptance of the customer's offer by Apotheke Zur Rose, but merely informs the customer that the order has been received.

If an ordered product is not deliverable or cannot be procured under reasonable conditions by Apotheke Zur Rose, the customer will be informed immediately and any payments made by it will be refunded.

2.3 The seller can accept the offer of the customer within a maximum of five days,

  • by sending the customer a written order confirmation or an order confirmation by email, in which case the receipt of the order confirmation at the customer is decisive, or
  • by delivering the ordered goods to the customer ordered, in which case the arrival of the goods at the customer is decisive, or
  • by requiring payment from the customer after submission their order.

If several of the aforementioned alternatives applies, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.

2.4 The seller concludes contracts as part of its online shop or on the basis of its other sales materials with end users. Entrepreneurs are requested to contact the seller in advance before placing an order.

2.5 The seller reserves the right to reduce or refuse the ordered quantity for compelling reasons of drug safety if there is a need for information or advice for its safe use that cannot be provided by any means other than personal consultation or advice from a pharmacist. In this case, the amount to be paid will be reduced accordingly or will be refunded.

2.6 The contract text is stored by Apotheke Zur Rose. The customer can also view the general terms and conditions at any time on the website via the link “GTC”. After sending the order, the customer will receive an email confirming the receipt of the order and providing details (order confirmation). The data for the individual orders can be viewed and printed on the website of apo-rot international in the user account (“My apo-rot”) under “My Orders”. The data is retained there so that the items can be placed directly into the shopping cart again for a new order. As long as an order is still in delivery, the shipment can be tracked there.

2.7 In the event of the use of the online order form, the customer can recognise possible input errors prior to binding submission of the order by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function on the browser, with the help of which the display on the screen can be enlarged. By clicking “order (payment required)” button, the customer sends their order to Apotheke Zur Rose.

2.8 Only the German language is available for the conclusion of the contract. Nonetheless, large parts of the online shop of apo-rot international - a shop of Apotheke Zur Rose can be converted to the respective other languages by clicking on the flag symbols at the top right of the website. Appropriate reference texts for order processing and for using the shopping basket will then be displayed in the respective language.

2.9 Order processing and contacting are usually carried out by email and automated order processing. The customer must ensure that the email address specified by them for the order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) Withdrawal

3.1 Consumers are in principle entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

3.3 Withdrawal form
Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or their independent professional activity:

A. Withdrawal policy

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract. To do this, you must contact us (Ulrich Nachtsheim, Apotheke Zur Rose, Thüringer Straße 29, 06112 Halle (Saale), Germany, Phone: 00800/80 80 70 70 (free of charge *), Email: service@apo-rot-international.com) by means of a clear statement (e.g. a letter sent by post or email) about your decision to withdraw this contract. You can use the attached model withdrawal form, which is not required.
In order to uphold the withdrawal deadline, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal
If you withdraw from this contract we must repay to you all payments we have received from you, including delivery charges (except for the additional costs arising from your having chosen a different type of delivery than the most favourable standard delivery offered by us), immediately and no later than fourteen days from the day on which the notification of your withdrawal from this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for fees for this repayment. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods if this loss of value is due to handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.

Exclusion or premature termination of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
The right of withdrawal expires prematurely in contracts for the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

General information

  1. Please avoid damage and contamination of the goods. Please return the goods in their original packaging with all accessories and all packaging components back to us. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against transport damage.
  2. Please do not return the goods to us without postage already paid.
  3. Please note that the above paragraphs 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

B. Withdrawal form

If you want to withdraw from the contract, please fill out this form and send it back.

Download

To
Ulrich Nachtsheim
Apotheke Zur Rose
Thüringer Straße 29
06112 Halle (Saale)
Germany

E-Mail: service@apo-rot-international.com

Hiermit widerrufe (n) ich/wir * den von mir/uns* abgeschlossenen Vertrag über den Kauf der folgenden Waren (*)/die Erbringung der folgenden Dienstleistung (*)
 
 
Bestellt am (*)
 
erhalten am (*)
 
Name des/der Verbraucher (s)
 
Anschrift des/der Verbraucher (s)
 
Unterschrift des/der Verbraucher (s) (nur bei Mitteilung auf Papier)
 
Datum

(*) Unzutreffendes streichen.


4) Prices and terms of payment

4.1 The prices are valid at the time of the submission of the offer by the customer.

4.2 Unless otherwise stated in the seller’ product description, the prices quoted are total prices in Euro and include VAT. In the case of exports in non-commercial travel (§ 6 (3a) UstG), the VAT can be refunded after fulfilment of the following requirement and the presentation of a correctly completed and customs-stamped export and customer certificate for VAT purposes. Requirement:
Additional costs of 40 EUR will be incurred up to a value of 250 EUR, which we will charge against the amount to be refunded. For an amount of more than 250 EUR these costs do not apply.

4.3 The purchase price is due immediately unless otherwise stipulated. The customer is in default if they fail to provide the service within 10 days of the due date and receipt of the invoice or an equivalent request for payment.

4.4 A discount deduction is not permitted, unless the seller has explicitly agreed to this with the customer.

4.5 Shipping costs and surcharges outside the EU:
For packages outside the EU, we charge 16.50 € for orders below 40 €.
We charge 12 € from an order value of 40 €.

4.6 Payments are possible at the customer’s option in advance, and additionally by credit card, Immediate Payment (only Austria) or via PayPal when paying online. The customer can only use MasterCard, Visa and Amex credit cards. The seller reserves the right to exclude individual payment methods in individual cases without giving reasons. In this case, it will inform the customer immediately.

4.7 If payment is made by means of a payment method offered by PayPal, payment is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.8 If the payment method of advance payment is selected, the customer will be informed of the bank details of Apotheke Zur Rose in the order confirmation and the goods will be delivered upon receipt of the full purchase price. If an order does not result in receipt of payment within 14 days, the customer’s order will be automatically deleted.

4.9 If you select the payment method credit card, the credit card will be debited with the amount due on the day of shipment. If an order consists of several partial deliveries, the entire order value will be debited with the first partial delivery.

4.10 For credit card payments that are returned or cancelled for reasons that the customer is responsible for (giving false account/credit card information, missing account coverage, etc.), the customer bears the costs incurred for this.

5) Delivery and shipping conditions

5.1 The delivery of goods shall be made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. If apo-rot international - a shop of Apotheke Zur Rose makes the delivery of the goods through external service providers, only the necessary information (recipient, telephone number, email address, delivery address and possibly persons authorised to receive the goods) are transferred to these companies.

5.2 Partial deliveries are permitted if full delivery by the seller is not possible because the goods are not immediately available and cannot be obtained with reasonable effort and this would result in a delay of delivery of the available goods of more than two days. If partial deliveries lead to additional shipping costs, the seller bears these additional costs.

5.3 If the shipping company sends the goods back to the seller, because delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller informed the customer of the service with reasonable advance notice. Furthermore, this does not apply to the cost of the shipping, if the customer exercises their right of withdrawal effectively. In the event of effective exercise of the right of withdrawal by the customer, the provision on return costs in the withdrawal policy of the seller applies for the return costs.

5.4 Pickup is not possible for logistical reasons.

5.5 In cases of force majeure, labour disputes or other unforeseeable circumstances, the delivery time is extended by the duration of the hindrance. If the delay lasts more than 2 weeks from the order date, the customer can cancel their order.

6) Right of retention

A right of retention can only be asserted if it is based on the same contractual relationship.

7) Retention of title

If the seller offers performance in advance, the seller reserves the ownership of the delivered goods until full payment of the purchase price owed.

8) Limitation of liability and warranty

8.1 If the purchased item is defective, the provisions of the statutory warranty for defects shall apply.

8.2 The seller shall be liable indefinitely if it has assumed a guarantee in individual cases, if a breach of duty was committed intentionally or through gross negligence, as well as in case of injury to life, limb or health. For damage to property and pecuniary damage caused by simple negligence, the seller shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of the conclusion of the contract and typical for the contract. Material contractual obligations are obligations whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the buyer regularly trusts.

8.3 Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter referred to as “promotional vouchers”) can only be redeemed in the specified period.

9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the completion of the order process. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.

9.7 The balance of a promotional voucher can neither be paid out in cash nor does interest apply.

9.8 The promotional voucher will not be refunded if the customer returns the goods fully or partially paid for with the promotional voucher as part of its statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller can undertake performance with liberating effect vis-a-vis the respective owner who redeems the promotional voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the legal incapacity, or the lack of representation rights of the respective owner.

10) Applicable Law / Jurisdiction

10.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of goods and the conflict of laws. This choice of law applies only insofar as it does not deprive a consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.2 Halle / Saale (Germany) is the exclusive place of jurisdiction for all claims in connection with contracts, deliveries and other services between the parties vis-a-vis merchants, legal entities under public law or special funds under public law.

11) Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a focal point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. We prefer to clarify your concerns in direct exchange with you. If you have any questions or issues, please contact us directly at: service@apo-rot-international.com

12) Miscellaneous

12.1 If any provision of these general terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The statutory provisions apply in place of the invalid provision.

* Free of charge. Country-specific costs may apply