§ 1 Scope
These General Terms and Conditions apply to all contracts entered into by a consumer or entrepreneur with regard to the goods and/or services presented by the Seller in his website. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise. These terms and conditions also apply to sales to manufacturers, hospitals and resellers, in particular wholesalers and pharmacies. Conflicting or differing from these terms and conditions of the customer, we only accept if we expressly agree in writing to the validity.
(1) With the order, the customer agrees to the applicable terms and conditions.
(2) The general terms and conditions may be changed by the provider, as long as there are valid reasons.
§ 2 Deals
The product or services descriptions contained in our website do not constitute binding offers by the seller, but serve to make a binding offer by the customer, unless otherwise specified or agreed in writing as binding. All offers are expressly subject to price changes due to changes in the delivery / purchase price of the manufacturer / wholesaler and exchange rate fluctuations. Unless otherwise agreed in writing, all agreed delivery prices are net prices exclusive of the value added tax applicable at the time of invoicing and in the respective country and exclusive transport / shipping and other logistics costs.
§ 3 Orders
Purchaser’s orders shall be recorded by confirming and submitting an electronic order form or by submitting the order in writing or by telephone, and shall not be deemed accepted until confirmed in writing by us. The order confirmation is replaced by the invoice or the shipment of the goods when the order is executed. Orders are only accepted by our order acceptance. We reserve the right not to accept and execute orders without giving reasons. In such case, the customer will be notified immediately.
§ 4 Delivery Times
Unless otherwise specified or agreed in writing as binding, all stated delivery dates are not binding. Agreed delivery times are considered to be met if the delivery is brought to the agreed date for shipping. Unanticipated obstacles to delivery, such as cases of higher lockouts, violence, strikes, failures of the public energy, telephone or data network in our own operation, which despite reasonable care can not be averted, extend the delivery time or agreed delivery deadline to eliminate the circumstances necessary period. The same applies to delivery problems and supply bottlenecks. If the disability lasts longer than 8 weeks, we are entitled to withdraw from the contract.
§ 5 Delivery & transfer of risk
we deliver at the expense and risk of the buyer, unless otherwise agreed. The conclusion of a transport insurance takes place only on request and at the expense of the buyer. In the absence of a deviating agreement, the risk shall pass to the buyer as soon as we hand over the goods to the freight forwarder, carrier or the person otherwise responsible for carrying out the shipment. If the shipment is delayed for reasons for which we are not responsible or if the buyer does not accept the goods in time even though they were offered them, the risk passes to the buyer upon receipt of the notification of availability. Storage regulations, in particular cooling and temperature regulations, must be monitored and complied with by the customer for goods in his area of responsibility. The delivered goods may no longer be used after the expiry date. The orderer is responsible for this. The choice of shipping method and shipping method is made by Vitrorel Pharma at its best. Desires of the buyer are considered appropriately.
§ 6 Payment
Invoices for German or international customers are due for payment within 14 calendar days of the invoice date without deductions. Payments are possible by bank transfer, advance payment or direct debit. If the customer is in arrears with his performance, we are not entitled to levy.
§ 7 Retention of Title
The consumer reserves the right of ownership of the delivered goods to consumers until full payment of the purchase price due. With respect to entrepreneurs, the seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties shall be assigned by the customer to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default on payment and has not filed for insolvency proceedings.
§ 8 Liability
The contracting parties agree that Mammut Consulting GmbH owes only the provision of services, but not the production of a work or the achievement of a certain success. The seller shall be liable to the customer for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
The seller is fully liable for any legal reason
In case of intent or gross negligence,
Intentional or negligent injury to life, body or health,
On the basis of a guarantee, unless otherwise stipulated,
Due to mandatory liability, such as under the Product Liability Act.
If the seller negligently violates an essential contractual obligation, the liability shall be limited to the contractually typical, foreseeable damage, unless unlimited liability is assumed in accordance with the preceding clause. Significant contractual obligations are obligations which the contract imposes on the seller according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely. Incidentally, a liability of the seller is excluded. The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
§ 9 Marketing
The buyer is responsible for placing the goods in the destination country on the market and assumes all legal obligations arising therefrom. In particular, he undertakes to comply with the traffic regulations in force in the destination country, including the provisions of pharmaceutical legislation. The buyer is liable for damages resulting from this.
§ 9 Warranty & Inspection
The claims of the buyer for defective goods are generally governed by law, but instead of the removal of defects only the delivery of a defect-free item is owed. Compensation claims of the purchaser are excluded, unless a compulsory insurance would have resulted in damage in the form of injury to life, limb or health or would have been grossly negligent or intentional or would affect the main obligations under the contract. The buyer must inspect the goods immediately after receipt of the goods and make any known defects directly afterwards. The buyer loses his claims resulting from the delivery of defective goods, if he violates his reasonable obligations, in particular at least a random examination does not or does not properly. Claims for defects expire within one year from delivery of the goods.
§ 10 Return
The return of delivered goods for exchange or credit is basically not possible. This applies in particular to products already imported in the destination country. Unrequited returned goods will be destroyed without compensation and without notification from us. For the storage and return of this product we are not obliged.
§ 11 Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this Agreement by means of a clear statement (such as a letter sent by post, fax, telephone call or e-mail). You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, 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 the cancellation:
1. If you withdraw from this contract, we shall reimburse you for any payments we have received from you without delay and at the latest within fourteen days from the date on which we received notice of your cancellation of this contract. 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 this repayment fees. You bear the immediate costs of returning the goods.
2. The right of withdrawal expires in the case of a contract for the supply of digital content not on a physical data carrier, even if the entrepreneur has started to execute the contract after the consumer has expressly agreed that the contractor will terminate the contract before expiry of the contract Revocation period begins, and has acknowledged his knowledge that he loses his right of withdrawal by agreeing to the commencement of the execution of the contract.
§ 12 Termination of the contractual relationship
Unless otherwise agreed, the contractual relationship of both parties with a period of 14 days to the end of the month can be properly terminated. Each termination requires the written form to be effective.
§ 13 Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
§ 14 Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.