GTC health.On Ventures GmbH (as of July 2017)
General Terms and Conditions of Business (GTC) apply to all legal transactions between us (health.On Ventures GmbH, Henkestr. 91, 91052 Erlangen, Germany, Phone.: + 49 9131 623 89 40, Fax: +49 9131 623 89 41, [email protected]) and you as the respective contract partner. The contract language is English.
1.1. “Seller”, also “we” or “us”: Under this agreement this term shall refer to health.On Ventures GmbH with the above mentioned contact data.
1.2. “Consumer”: A natural person entering into a legal agreement with the seller in pursuance of a purpose which is predominantly neither attributable to a commercial nor to a self-employed professional occupation.
1.3. “Business Person”: A natural or legal person or a partnership with legal capacity that enters into a legal agreement with the seller in pursuance of a commercial or self-employed professional occupation.
1.4. “Purchaser”, also “you”: both, consumer and Business Persons in terms of the GTC.
2. General information on the conclusion of the contract
2.1. Displaying the products in the online shop does not constitute a binding contractual offer but is a non-binding display (invitatio ad offerendum).
2.2. By placing an order in the Seller’s online shop, the Purchaser submits a binding offer to conclude a purchasing contract for the goods in his shopping cart. With his order, the Purchaser explicitly agrees to incorporate the GTC at hand into the contract. The Seller can accept this offer either by written confirmation (letter), or by an electronically delivered order confirmation (email), or by sending the ordered goods to the Purchaser. The Seller is entitled to reject acceptance of the placed order.
2.3. We base the sale of our products and services, regardless of the specific communication channel, exclusively on our general terms and conditions of business.
3. Input of data, customer account and other content
3.1. All data which are collected by us during the order are to be stated truthfully.
3.2. If you publish content on our website pages, you are solely responsible for the content. It must not infringe third-party rights. We are not obliged to publish content (e.g., product reviews) that you post to our online store.
4. Delivery and product availability
4.1. We assume no risk of procurement. This means in particular that we are only obliged to deliver from our stock of goods and the goods ordered from the supplier. If the goods are permanently unavailable on this basis, we will inform you immediately. In this case, we will immediately refund any advance payments.
4.2. If the goods are temporarily unavailable at the time of the order, we will inform you immediately. If the dispatch of the goods is delayed by more than two weeks (after we have sent the order confirmation), we will inform you immediately. In this case, both parties have the right to withdraw from the contract. In this case, we will refund you any advance payments.
4.3. The delivery time is extended to an appropriate extent if the delivery is impaired by force majeure. Force majeure shall be deemed to be equivalent to any impediments to delivery which we are not responsible for (for example strike, orders of authorities or courts, damage caused by fire or water). Notwithstanding this, we and you are entitled to withdraw from the orders concerned if the force majeure or the other obstacles which are similar to it persist more than 4 weeks after the agreed delivery date.
4.4. If it is reasonable for you, we shall be entitled to partial deliveries of separately usable products recorded in a purchase order, whereby we bear the additional shipping costs caused thereby.
5. Terms of payment and Dunning costs
5.1. The sale is made on the basis of the sales prices displayed in the online shop which in each case are incl. value added tax (if applicable) and plus possible, separated shipping costs (including sales tax, if applicable).
5.2. If the delivery takes place outside the EU, additional costs may arise in individual cases (for example, costs for money transfer, international shipping charges, duties, taxes or fees). We are not responsible for them. The processing and payment of these amounts is solely yours.
5.3. The Seller’s online shop offers different payment methods from which the Purchaser can choose (e.g.: Payment in advance, PayPal and purchase on account). We reserve the right not to offer certain types of payment and refer you to other payment methods. This applies in particular, as far as offered, to the payment type “Purchase on Account”
5.3.1. If the Purchaser decides to settle the purchase price by payment in advance, he can choose among bank transfer and PayPal. If the full amount of payment due has not been received by us within two weeks after sending the order confirmation, we are able to withdraw from the purchase contract, within a declaration in text form.. In this case, the order is invalid for both sides and will not lead to further consequences.
5.3.2. The Purchaser is also offered the possibility to purchase on account. Unless otherwise stated, the purchase price will be due on the day on which we or a third party (e.g. the parcel service provider) appointed by us, has handed over the goods to you. We will not pay any costs of the transaction in any case.
5.3.3. For the processing of the credit card payment method, we use an external service provider, e.g. PayPal, so that we never have access to your credit card data at any time. Your credit card will be charged after the order.
5.3.4. The use of PayPal and Amazon Pay is free of charge for you. You must be registered at the respective provider or register and legitimate yourself on the server, before your payment. Afterwards you have to confirm your payment instructions to us. We do not become aware of your deposited bank or credit card data at any time when using PayPal.
5.4. For each dunning reminder, costs in the amount of EUR 5,00 are charged to the Purchaser, unless he can establish that the Seller had significantly lower or no dunning costs.
6. Title retention
The goods supplied remain the property of the Seller until the Purchaser has settled the purchase price in full (includes shipping costs).
7. Campaign vouchers
7.1 Campaign vouchers are vouchers that can not be purchased and which we issue for advertising purposes without receiving any consideration from you. Unless otherwise stated, campaign vouchers can only be redeemed once with an order in our online shop and are valid only under the conditions stated on the voucher (for example period, minimum order value, uncovered articles). The voucher is neither paid in cash nor interest.
7.2. The voucher can only be redeemed during the purchase order before the ordering process has ended. In this case, it reduces the purchase price by the amount of the voucher. We will not reimburse any residual balance after the use of the voucher.
7.3. Unless otherwise stated, several vouchers cannot be combined or transferred to third parties.
7.4. The campaign voucher will not be refunded if the goods are returned in whole or in part. If the promotion voucher is valid only in case of a minimum order value, then we have the right to recalculate the difference to the original price of the goods which you retain, if the goods are returned in part and the minimum order value is exceeded.
8. Cancellation notice and standard withdrawal form
8.1. Right of withdrawal for customers that are consumers
- Right of withdrawal –
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire or a third party other than the carrier and indicated by you acquires physical possession of the last good.
To exercise the right of withdrawal, you must inform us (health.On Ventures GmbH, Henkestr. 91, 91052 Erlangen, Germany, Tel.: +4991316238940, Fax: +4991316238941, Email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to examine the nature, characteristics and functioning of the goods.
Important: The right of withdrawal does not exist for contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery.
The right of withdrawal also does not exist for those contracts concluded by you when acting in exercise of your trade, business or profession.
9. Voluntary 30-Day Return Guarantee
Irrespective of your statutory right of revocation and warranty, you can return all products purchased from us within 30 days from receipt of the goods, provided the goods are complete and in unused and undamaged condition. In the case of goods whose sales packaging is sealed for reasons of hygiene, this voluntary right to return and exchange also applies only if the hygienic seal has not been infringed.
If you wish to make use of this right, please send us the product which you want to return by a sufficiently pre-paid shipment to: health.On Ventures GmbH, Henkestr. 91, D-91052 Erlangen, Germany. We will then refund you the purchase amount you paid for the product, including any shipping charges calculated by us for the standard shipping route.
The additional costs for a possible express delivery by us as well as the expenses incurred for the return of the goods (for example postage, packaging or travel costs) are not refundable.
In any case, the customer bears the shipping risk when returning the goods. This return guarantee does not limit your statutory rights and therefore not your right of revocation.
10.1. We provide warranty in accordance with the statutory provisions.
10.2. However, if the Purchaser is a Business Person, the warranty period is limited to one year.
11. Limitation of Liability for Damage Claims
11.1. Our liability for damages, irrespective of the legal basis and including liability for our representatives and vicarious agents, is in principle limited to intent and gross negligence, with the exception of the provisions under 11.2. and 11.3.
11.2. In the event of a breach of an essential contractual obligation, a duty whose fulfillment enables the proper execution of the contract at first and on whose compliance the contractual partner may regularly rely, we are liable for every degree of fault. If you buy in your capacity as an entrepreneur, this liability extension is limited to foreseeable, typically occurring damages, as long as no intentional breach of duty exists.
11.3. The above regulations do not affect the legal liability due to culpable injury of life, body and health. This also applies to mandatory liability under the Product Liability Act and in case of malicious deception.
12. Severability clause
If individual conditions or parts of these conditions be or become invalid, the effectiveness of the remaining conditions will not be affected. The ineffective regulation is replaced by the relevant legal regulation.