General Terms and Conditions of Sale of Vita-Apotheke (GTCS)

§ 1 General

(1) These General Terms and Conditions of Sale apply to all purchases from Vita-Apotheke – Mail-Order Pharmacy, whether by consumers or by entrepreneurs.

2) According to section 13 of the German Civil Code (BGB) a consumer is any natural person that enters into a legal transaction for a purpose that is largely outside this person's trade, business or profession.

3) According to section 14 of the German Civil Code an entrepreneur is a natural person or legal entity or partnership with legal personality that when entering into a legal transaction acts in exercise of this person's or entity's trade, business or profession.

 

§ 2 Offer and conclusion of the contract, information on the order steps

(1) All products offered on our website represent an invitation to treat. You will first receive confirmation of receipt of your order by email to the email address that you have specified. Usually this confirmation email does not yet represent an acceptance of your offer. Such acceptance will only take place through the despatch of the goods within no more than five days of the receipt of your order. Once the contract of sale has been concluded, payment will also become due, i.e. the amount in question will be charged to the specified credit card or bank account, depending on the selected method of payment.

2) If you select the payment method "advance payment", the contract will already be concluded by the despatch of the confirmation email.

3) The process for ordering from our online shop generally comprises a total of seven steps. As a first step, you select the products you would like to buy and place them in your shopping basket. The second step that you take is to register with your customer details. The third step is to enter your invoice address and the delivery address, if different. The fourth step is to select the shipping method. As a fifth step, you decide how you would like to pay. As a sixth step you are given an overview of your order. Here you have the opportunity to check all details (e.g. name, address, payment method, articles ordered) and to correct them if necessary before you send us your order as the final step by clicking on 'kostenpflichtig bestellen' (order and pay).

 

§ 3 Saving the text of the contract, costs of concluding the contract, languages, availability of the GTCS

(1) We will save the text of the contract (order details) and send you the order details by email. Before sending us your order, you can print out this contract text by clicking on "Drucken" (Print) as the final step of the ordering process. You will no longer have access to the text of the contract after submitting your order.

2) There will be no charges for the telecommunications used to conclude the contract that go beyond the mere use of the telecommunications.

(3) In the confirmation email sent to the email address that you specify you will also find our General Terms and Conditions of Sale. You can also view and print these GTCS at any time at https://www.pharmasana.co.uk/general-terms-and-conditions-of-sale-uk-vita-apotheke

(4) Contracts are concluded in German.

§ 4 Handling complaints

In the event of a complaint we proceed as follows: After being contacted by the customer (by email, telephone etc.), we will immediately review the matter and initiate appropriate measures. If any defects are found, we will then proceed as described in clause 13.

§ 5 Delivery area and period

(1) We deliver only to the countries of the European Union and Russia. In individual cases, delivery to other areas may also be possible upon request.

(2) Unless otherwise indicated on the product page, all products are available for immediate delivery.

(3) For deliveries within Germany the delivery period is approx. 5 days. We select the packaging, shipping method and the shipping material at our own discretion. If we are unable to send the entire shipment, we reserve the right to make partial shipments, provided that this is not unacceptable for you. Orders are limited to the usual pharmacy quantities.

(4) For deliveries to other countries, paragraph 2 shall apply under the condition that the order is delivered within 28 days.

(5) This period begins when the customer receives the order confirmation.

(6) For deliveries within Germany the period ends on the 5th day, for deliveries abroad on the 28th day after the event mentioned in paragraph 5. If the last day of the period falls on a Saturday, Sunday or a public holiday in the place of delivery, delivery shall be made on the next working day.

(7) Events of force majeure, measures in connection with labour disputes and other unforeseen circumstance, including non-delivery by our own suppliers for which we cannot be held responsible, entitle us to reasonably extend the delivery periods by the length of time that the hindrance lasts, but for no longer than two weeks from the date of the order. We shall not be in default until we have been set a reasonable extended deadline. If the delay should last longer, you may set a reasonable time limit for performance and rescind the contract if this expires to no avail. After six weeks from the date of the order we shall also have the right to rescind the contract. Claims for damages shall be excluded unless we are responsible for the delay.

§ 6 Terms of delivery

(1) For transport we use the services of DHL International GmbH.

(2) We offer the following types of delivery: standard delivery.

§ 7 Shipping costs

(1) The following applies to deliveries within UK: € 13.90

(2) For deliveries in exceptional cases to a country outside the area to which we deliver, in accordance with clause 5 paragraph 1, the shipping costs will be quoted on request.

(3) There will be additional customs duties, taxes and charges for deliveries to countries outside the EU. Further information can be found, for example, at http://ec.europa.eu/taxation_customs/customs/customs_duties/index_de.htm .Information about VAT on imports can be found at http://auskunft.ezt-online.de/ezto/Welcome.do Under German law no VAT payable on shipments to non EU countries. You will pay the tax levied on the product by the country in question in that country itself.

§ 8 Prices, terms of payment, right of retention, reservation of title, setoff

(1) All prices are quoted as total prices in POUNDS, including statutory VAT plus any shipping costs in accordance with clause 7. Please note that your account will charged in EUROS and not in POUNDS.

(2) The purchase price is due on the conclusion of the contract and is payable no later than within 14 days of the receipt of the goods.

(3) All payments are to be made by credit card, the PayPal payment system, advance payment or against an invoice. We reserve the right not to accept certain payment methods and to accept payment by credit card only in the case of a positive credit check. If advance payment is selected as the payment method, we will provide you with the bank account details in the order confirmation. The invoice amount must be transferred to our bank account within 14 days of sending your order. You may only exercise a right of retention if the claims result from the same contractual relationship. Payment against an invoice is only available to registered customers with a positive payment record from a previous order.

(4) Chargeback fees of banks due to chargebacks for which you can be held responsible shall be borne by you.

(5) The goods will remain the property of Vita-Apotheke – Mail-Order Pharmacy until payment has been made in full.

(6) You only have a right of off-set if your counterclaims have been established through a final court judgment or if we have expressly recognised them in writing.

§ 9 Cost allocation agreement for consumers within the meaning of section 13 of the German Civil Code (BGB) if you exercise your right of cancellation and refunds.

(1) If your exercise your right of cancellation in accordance with clause 10 of these GTCS, you must bear the normal costs of returning the goods.

(2) We generally use the same payment method for refunds as the one that you used to make payment.

(3) However, we cannot use the Sofortüberweisung payment method for making refunds. Payments made in this way are therefore refunded by ordinary bank transfer. This is why we ask for your bank details. The refund will be made as soon has you have sent us your bank details. You will incur no costs if a refund is made using a different payment method.

§ 10 Right of cancellation for consumers pursuant to section 13 of the German Civil Code (BGB)

(1) Cancellation policy for contracts for single shipments and for contracts under which several goods are ordered in single order and are to be delivered together

Cancellation policy

Right of cancellation

You have the right to cancel the contract within fourteen days without giving reasons.


The cancellation period is fourteen days from the date when you or a third party designated by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of cancellation, you must send a clear statement (e.g. a letter sent by post, a fax or an email) to

Vita-Apotheke e.K.
Sigrid Fischer
Zehntwiesenstr. 70
76275 Ettlingen
Telefon: 07243/5050930
Telefax: 07243/374946
E-Mail: mail@pharmasana.co.uk


notifying us of your decision to cancel this contract. You can use the attached sample cancellation form for this purpose, but this is not obligatory. In order to cancel within the cancellation period it is sufficient for you to send us the notice that you intend to exercise your right of cancellation before the end of the cancellation period.


Consequences of cancellation

If you cancel this contract, we are obliged to immediately refund all payments that we have received from you, including the delivery costs (with the exception of any additional costs due to the fact that you have selected a form of delivery that differs from the low-cost standard delivery that we offer). This must be done by no later than within fourteen days of the date when we receive your notice informing us that you wish to cancel this contract. We will use the same payment method for this refund as the one you used for the original transaction, unless expressly agreed otherwise with you. You will not incur any charges for this refund in any event.
We may refuse to make a refund until we have received the goods being returned or until you have provided us with proof that you have returned the goods, whichever is earlier.

You must send or hand over the goods immediately and in any case no later than within fourteen days of the date when you notify us that you intend to cancel this contract. You will have complied with the time limit if you dispatch the goods before the end of the fourteen days.
You will bear the direct costs of returning the goods. You will only have to compensate us for any loss in the value of the goods if this loss of value has been caused by handling the goods in a way that is not necessary for the inspection of their quality, characteristics and functioning.



(2) Cancellation policy for contracts under which several goods are ordered in a single order, but are delivered separately

Cancellation policy

Right of cancellation

You have the right to cancel the contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the date when you or a third party designated by you, who is not the carrier, has taken possession of the last goods to be delivered. In order to exercise your right of cancellation, you must send a clear statement (e.g. a letter sent by post, a fax or an email) to

Vita-Apotheke e.K.
Sigrid Fischer
Zehntwiesenstr. 70
76275 Ettlingen
Telefon: 07243/5050930
Telefax: 07243/374946
E-Mail: mail@pharmasana.co.uk


notifying us of your decision to cancel this contract. You can use the attached sample cancellation form for this purpose, but this is not obligatory. In order to cancel within the cancellation period it is sufficient for you to send us the notice that you intend to exercise your right of cancellation before the end of the cancellation period.

Consequences of cancellation

If you cancel this contract, we are obliged to immediately refund all payments that we have received from you, including the delivery costs (with the exception of any additional costs due to the fact that you have selected form of delivery that differs from the low-cost standard delivery that we offer). This must be done by no later than within fourteen days of the date when we receive your notice informing us that you wish to cancel this contract. For this refund we will use the same payment method as the one you used for the original transaction unless expressly agreed otherwise with you. On no account will you incur any charges for this refund.
We may refuse to make a refund until we have received the goods being returned or until you have provided us with proof that you have returned the goods, whichever is earlier.

You must send or hand over the goods immediately and at all events no later than within fourteen days of the date when you notify us that you intend to cancel this contract. You will have complied with the time limit if you dispatch the goods before the end of the fourteen days.
You will bear the direct costs of returning the goods. You will only have to compensate us for any loss in the value of the goods if this loss of value has been caused by handling the goods in a way that is not necessary for the inspection of their quality, characteristics and functioning.

 

(3) Cancellation policy for contracts under which a product is ordered and delivered in several partial shipments or units

Cancellation policy

Right of cancellation

You have the right to cancel the contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the date when you or a third party designated by you, who is not the carrier, has taken possession of the final partial-shipment or the last unit to be delivered. In order to exercise your right of cancellation, you must send a clear statement (e.g. a letter sent by post, a fax or an email) to

Vita-Apotheke e.K.
Sigrid Fischer
Zehntwiesenstr. 70
76275 Ettlingen
Telefon: 07243/5050930
Telefax: 07243/374946
E-Mail: mail@pharmasana.co.uk


notifying us of your decision to cancel this contract. You can use the attached sample cancellation form for this purpose, but this is not obligatory. In order to cancel within the cancellation period it is sufficient for you to send us the notice that you intend to exercise your right of cancellation before the end of the cancellation period.

Consequences of cancellation

If you cancel this contract, we are obliged to immediately refund all payments that we have received from you, including the delivery costs (with the exception of any additional costs due to the fact that you have selected a form of delivery that differs from the low-cost standard delivery that we offer). This must be done by no later than within fourteen days of the date when we receive your notice informing us that you wish to cancel this contract. For this refund we will use the same payment method as the one you used for the original transaction unless we expressly agreed otherwise with you. On no account will you incur any charges for this refund.
We may refuse to make a refund until we have received the goods being returned to us or until you have provided us with proof that you have returned the goods, whichever is earlier.

You must send or hand over the goods immediately and in any case no later than within fourteen days of the date when you notify us that you intend to cancel this contract. You will have complied with the time limit if you dispatch the goods before the end of the fourteen days.
You will bear the direct costs of returning the goods. You will only have to compensate us for any loss in the value of the goods if this loss of value has been caused by handling the goods in a way that is not necessary for the inspection of their quality, characteristics and functioning.

§ 11 Sample cancellation form

(If you wish to cancel the contract please complete and return this form.)

To

Vita-Apotheke e.K.
Sigrid Fischer
Zehntwiesenstr. 70
76275 Ettlingen
Telefon: 07243/5050930
Telefax: 07243/374946
E-Mail: mail@pharmasana.co.uk

 

I/we (*) hereby cancel the contract that I/we (*) have entered into for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)  
Name of the consumer(s)  
Address of the consumer(s)  
Signature of the consumer(s)
(only for notices given on paper)
 
Date  

 

§ 12 No right of cancellation for drugs and medicines

(1) According to section 312 g para. 1 no. 2 and 3 of the German Civil Code, there is no right of cancellation for contracts for the supply of goods that can perish rapidly or whose use-by date would quickly pass nor for contracts for the supply of sealed goods that are not suitable for being returned for reasons of hygiene if their seal has been removed after delivery.

(2) For this reason there is no right of cancellation for drugs and medicines. You can recognise such goods by the indication "apothekenpflichtig" (pharmacy only) or "verschreibungspflichtig" (only available on prescription) on the package.

(3) The purchase price cannot be refunded for drugs and medicines that are returned nevertheless.

§ 13 Warranty, disclaimer

(1) The warranty is governed by the legal requirements. If the goods are defective we have the right to deliver a replacement or to rectify the defect, as you may prefer. Two attempts at rectification must generally be accepted.

(2) in the case of intentional acts or gross negligence or if a guaranteed characteristic is missing, we shall be fully liable for all resulting damage.

(3) In the case or ordinary negligence we shall be liable without limitation in cases of injury to life, limb or health. If we are late in performing our obligations due to ordinary negligence, if performance has become impossible or if we have breached a fundamental obligation, our liability for the resulting damage to property and financial loss shall be limited to the typical and foreseeable damage. A fundamental obligation is one which is essential for the proper performance of the contract so that its entire purpose is endangered if it is breached and on whose fulfilment the user may always rely.

(4) Liability for all other damage shall be excluded, although this does not affect our liability under the German Product Liability Act.

§ 14 Links to other websites

When we make references or create links to the websites of third parties from our own website, we do not check the accuracy and completeness of the contacts and the data security of these websites. As we have no influence on third parties' compliance with data protection legislation, you should make a point of checking the data privacy policies published on these websites.

§ 15 Written form, severability, applicable law, place of jurisdiction

(1) All amendments and additions to the contract must be made in writing in order to be valid. You can satisfy this requirement by sending documents in text form, particularly by fax or email, unless otherwise required for individual declarations. The requirement for the written form can only be altered in writing.

(2) If individual provisions of these Terms and Conditions of Sale should be void, this shall not affect the validity of the remaining provisions. The relevant statutory provisions shall apply instead of the ineffective clause. Any omissions shall be remedied by means of a supplementary interpretation of the contract.

(3) The law of the Federal Republic of Germany shall apply in principle, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For a consumer, this choice of law shall apply only if this does not limit any mandatory legal requirements of the country where the consumer has his/her place of residence or habitual place of abode. These mandatory requirements shall therefore apply in addition.

(4) The place of jurisdiction for all disputes arising from this contractual relationship is Ettlingen for registered traders and persons who have no general place of jurisdiction in the Federal Republic of Germany. This does not apply to actions brought against a consumer within the meaning of section 13 of the German Civil Code (BGB) whose place or residence or usual place of abode is within the EU. According to Article 16 (2) of Council Regulation (EC) no. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, legal action may only be brought against such a person before the courts in the member state in whose sovereign territory this person has his or her place of residence.

Valid as of 9 June 2014