GENERAL TERMS AND CONDITIONS
1. Scope
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1.1. Our General Terms and Conditions (abbreviated as "GTC") apply to all contracts concluded by the customer with us, hereinafter referred to as the provider, via the online shop http://www.Aliacura.de and http://www.aliacura.com. The GTC always applies in their version valid at the time of the order. The customer's conditions, especially conflicting or deviating conditions, do not apply unless something else has been expressly agreed upon in writing.
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1.2. Consumers are natural persons who do not pursue commercial, independent, or freelance professional activities with their orders. Entrepreneurs are natural or legal persons or legal partnerships capable of rights who order for their commercial, independent, or freelance professional activity. Customers within the meaning of the GTC are both consumers and entrepreneurs.
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1.3. The delivery periods are indicated in days. All weekdays are meant, except Saturdays, Sundays, and statutory holidays. The delivery period starts with the receipt of payment.
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1.4. The contract language is German.
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2. Conclusion of the Contract
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2.1. Your contractual partner is Aliacura, Dr. Philipp Hohnstein, Hauptstraße 4, 91443 Scheinfeld, Tel .: 09162 - 7103, E-mail: info@aliacura.de.
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2.2. Our offers are non-binding and subject to change.
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2.3. By placing your order, you bindly offer us to conclude a contract with you. The receipt of this order will then be confirmed automatically by email to the email address you provided (order confirmation). However, the purchase contract is only concluded with the order confirmation sent by email to you or with the delivery of the goods.
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2.4. Regardless of your withdrawal right, you can cancel your order free of charge at any time before the corresponding order confirmation is sent.
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2.5. By placing the order, customers are assured that they are over 18 years old. If it turns out that this is not the case, the provider is entitled to withdraw.
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3. Right of Withdrawal
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See the corresponding section.
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4. Ordering Process
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When ordering via our online shop, the ordering process consists of several steps. In the first step, you select the desired goods. In the second step, you enter your customer data, including your billing address and, if applicable, a different delivery address. In the third step, you choose the payment method. In the last step, you have the opportunity to check all details (e.g., name, address, payment method, ordered items) again and, if necessary, correct them before sending your order to us by clicking 'Buy'.
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5. Storage of Your Order Details
We store the contract text, i.e., your order details. However, you can print it out before sending your order to us. To do this, click on the "Print" field in the last step of the order. However, we will also send you an order confirmation and an order confirmation with all order data and our General Terms and Conditions to the email address you provided.
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6. Prices, Shipping Costs, Return Costs in Case of Withdrawal, Fees for Data Sheets
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6.1. All prices are final prices. They include the statutory value-added tax and are stated in euros. Shipping costs are charged additionally.
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6.2. The applicable shipping costs can be accessed via a correspondingly labeled button on our website, will be shown separately at the end of the ordering process, and are to be borne by you additionally unless free delivery has been promised. Please note that for deliveries outside the EU, additional taxes, customs duties, and fees may apply.
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6.3. If you exercise a legal right of withdrawal, you are responsible for the cost of returning the goods.
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6.4 We provide commercially registered customers with certificates of analysis, product specifications and safety data sheets free of charge when purchasing bulk items worth €20 or more (per item).
In the case of small packages, we take the liberty of charging a fee of €50 for small quantities if extensive data sheets are requested. Alternatively, the customer can also pay a voluntary fee of € 3.00 per data sheet. All other documents will be charged at cost. A corresponding invoice will be issued. After receipt of payment, the relevant data sheets will be sent by e-mail.
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7. Delivery Conditions
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7.1. Unless otherwise agreed, delivery will be made to the delivery address provided by the buyer.
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7.2. Unless expressly stated otherwise in the offer, the goods are usually dispatched within 7 days (excluding Saturdays, Sundays, and public holidays) after receipt of payment.
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7.3. All information provided by us regarding the availability, shipping, or delivery of a product is only approximate and approximate values. They do not constitute binding or guaranteed shipping or delivery dates unless explicitly stated as a binding date in the shipping options of the respective product. If delivery dates cannot be met due to public holidays, strikes, force majeure, or other unforeseeable operational disruptions, the delivery period will be extended by a reasonable period. If only part of the ordered goods is in stock, the provider reserves the right to make partial deliveries. The shipping costs, however, remain as agreed.
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7.4. If the agreed delivery period is exceeded by us, and we have not delivered the ordered goods even after a deadline set by the customer, the customer can withdraw from the contract.
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7.5. Should a specific product not be available for delivery, and a subsequent or replacement delivery is not possible or reasonable, we are entitled to withdraw. In such a case, the customer will be informed immediately, and any payments already made will be refunded promptly. Claims for damages due to late or non-delivery are excluded.
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8. Payment Conditions
8.1. Payment is made either in advance by bank transfer or via PayPal instant transfer. If you choose the prepayment payment method, we will provide you with the bank details in the order confirmation. The goods will be shipped to you immediately after the invoice amount has been received in our account.
8.2. Withholding payments due to counterclaims of the customer is not permissible unless these are undisputed, legally established, or agreed upon in writing. The same applies to offsetting counterclaims.
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9. Retention of Title
The delivered goods remain our property until all our claims have been fully paid.
10. Warranty and Liability
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10.1. The statutory provisions apply to the customer's warranty rights.
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10.2. We ask the customer to check the goods immediately for completeness and integrity upon receipt. Transport damage should be reported promptly to both the provider and the carrier. If the goods delivered by us are defective or do not meet the customer's expectations, we will - excluding further warranty claims - deliver a replacement as quickly as possible or refund the purchase price. We exclude further claims of the customer, in particular the right to compensation for damages that have not occurred to the delivery item itself due to improper use, storage, or handling. This does not apply to damages caused by us with gross negligence or intent.
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10.3. If the customer is an entrepreneur, they must report obvious defects within 14 days after receiving the goods in writing.
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11. Data Protection
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The protection of your data collected, processed, and used on the occasion of contract processing is an important concern for us. Your data will be protected within the framework of the legal regulations. Below you will find information on what data is collected and how it is used:
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11.1. Personal data will only be collected if the customer voluntarily provides it to the seller for contract processing. The personal data entered during this opportunity will only be used to process the contract, process customer inquiries, check the customer's creditworthiness, and determine any contraindications of the ordered medicines.
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11.2. Your data will only be passed on or otherwise transmitted to third parties if this is necessary for processing the contract - in particular the transfer of order data to transport companies or affiliated PatriaMed pharmacies - for billing purposes or if you have previously given your consent. You have the right to revoke any consent given with effect for the future at any time.
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11.3. Stored personal data will be deleted if you revoke your consent to storage, if their knowledge is no longer necessary for achieving the purpose pursued with storage, or if storage is not permitted for other legal reasons.
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11.4. You can request information about the data stored about your person at any time by written request, and we will send you all information.
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If you have any questions about the protection of your data, you can contact our data protection officer:
Bernhard Metzger
Schwarzenbergerstraße 20
91443 Scheinfeld
Phone 09162 - 249
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12. Applicable Law
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For all legal transactions or other legal relationships with us, the law of the Federal Republic of Germany applies. The UN Sales Convention (CISG) and any other interstate agreements, even after their adoption into German law, do not apply.
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13. Place of Jurisdiction
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In business transactions with merchants and legal entities under public law, Scheinfeld (location of the business premises of the Aliacura online shop) is agreed as the place of jurisdiction for all legal disputes arising from these terms and conditions and individual contracts concluded under their applicability.
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14. Amendment of the General Terms and Conditions
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We are entitled to unilaterally amend these GTCs if they are introduced into the contractual relationship with the customer, insofar as this is necessary to eliminate subsequently arising equivalence disruptions or to adapt to changed legal or technical framework conditions. We will inform the customer about an adjustment by notifying the content of the changed regulations. The amendment becomes an integral part of the contract if the customer does not object to inclusion in the contractual relationship in writing or text form to us within six weeks after receipt of the notification of the change.
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15. Severability Clause
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Should individual provisions of the contract, including these GTC, be or become wholly or partially ineffective, or should the contract have an unforeseen gap, the effectiveness of the remaining provisions or parts of such provisions remains unaffected. In place of the ineffective or missing conditions, the respective legal regulations occur.