These General Terms and Conditions (hereinafter "GTC") of Medropharm Deutschland GmbH (hereinafter "Medropharm") apply to all services and products (hereinafter "Products") of the Medropharm online store. All other services are governed by separate terms and conditions. Medropharm defines a customer as any natural or legal person who has a business relationship with Medropharm.
2. To what does the GTC apply (scope of application)
The GTC apply to all products or services that Medropharm offers in its online store. Sale and delivery are made only according to these GTC. Any terms and conditions of the customer that are contrary to or deviate from these GTC shall not be recognized unless Medropharm has expressly agreed to their validity in writing. The respective binding version of the GTC shall be published at www.medropharm.ch. A written version can be obtained from Medropharm.
3. Services of Medropharm
Medropharm always strives to be innovative and up-to-date. We provide our services professionally and carefully in accordance with these GTC and the other contractual provisions. Medropharm strives to constantly offer its customers the best and most up-to-date products.
Unless otherwise stated, all prices quoted by Medropharm are inclusive of value-added tax, any advance recycling fees, and any copyright fees.
5. No guarantee for product information and availability and warranty information
Medropharm always endeavors to inform and educate customers about the products and services offered to the best of its ability. This information is in part obtained directly from the manufacturers or suppliers and is compiled by Medropharm for customers in a clear and customer-friendly manner. Any information about products, services, recommendations, warranty conditions and warranty periods published by Medropharm is therefore without guarantee and not to be understood as an assurance. In particular, no liability can be accepted for the accuracy, completeness and up-to-dateness of the information.
Medropharm takes great care to ensure that the availability information is as correct and accurate as possible. Many of the products offered are sourced from manufacturers outside of Switzerland. However, due to production or delivery bottlenecks or due to incorrect stock data, delivery delays may occur. All information on delivery times is therefore not binding and without guarantee and may change at any time and without notice. Delivery may also be completely impossible if a product can no longer be manufactured or supplied. In this case, an impossibility of delivery occurs in accordance with section 6 of the GTC.
6. When is the contract concluded?
The products, services and prices published at www.medropharm.com are considered an offer (quotation). However, this offer (quotation) is always subject to the (resolutive) condition of an impossibility of delivery or an incorrect price quotation (on the part of the manufacturer or Medropharm). This means that there may be non-delivery due to articles no longer available. In addition, it may also be that we have not indicated the correct prices in the store.
The contract is concluded as soon as the customer places his order via the online store, in the retail store, by phone or e-mail. The arrival of the order in the case of an online order is indicated to the customer by means of an automatically generated order confirmation by e-mail. Receipt of the automatically generated order confirmation does not constitute a promise that the product is actually available or can be delivered. It merely indicates to the customer that the submitted order has been received by Medropharm and thus the contract has been concluded, which is subject to the resolutory condition of non-delivery.
In the event that one of the above (resolutive) conditions occurs, the contract will be dissolved immediately and without the participation of the parties. We shall inform our customers about such dissolution immediately. If the delivery of the product has already taken place before, the ownership automatically reverts to Medropharm and the customer is obliged to return the product (with repayment of the paid price by Medropharm). If the product has not been handed over yet, the customer is neither obliged to pay the purchase price nor to accept the product. As a result of such termination of the contract, Medropharm is not obligated to make a replacement delivery.
7. What are the terms of payment?
The customer agrees to pay with the payment options provided by Medropharm. At the moment it is only possible to pay in advance which can be seen in the shopping cart checkout. After the purchase, a quitting will be sent to the customer by e-mail and the order will be compiled and prepared for shipment at Medropharm. Products delivered to the customer remain the property of Medropharm until the purchase price is paid in full. The customer grants Medropharm the right to enter any retention of title in the retention of title register.
8. What happens in case of default of payment?
If the customer fails to meet his payment obligations in whole or in part, all outstanding amounts owed become due immediately. Medropharm reserves the right to suspend all deliveries. In addition, Medropharm reserves the right to cancel any affected orders. This cancellation of the contract will take effect automatically and without notice after eight days after Medropharm has unsuccessfully sent the customer a request for payment.
Medropharm may charge a reminder fee of Euro 20.00 from the 2nd reminder and the associated manual expenses. In addition, Medropharm reserves the right to forward collection procedures to [t.ex. Creditreform] or to [t.ex. Intrum Justitia AG, Eschenstrasse 12, 8603 Schwerzenbach] or to another agency to be determined by Medropharm. In the case of transfer to a collection agency, the customer may incur additional costs. These costs amount to a minimum of an additional CHF 50.00.
Medropharm may remove the "Invoice" payment option at any time from customers who become aware of a delay in payment or other circumstances that reduce their creditworthiness. In this case, such customers can only place orders with the credit card payment option.
9. Cancellation and termination of the contract
Orders placed by the customer with Medropharm are binding according to section 6 of the GTC. The customer is then obligated to accept the ordered service/products. Subsequent changes and cancellations are possible in certain cases, but are at the discretion of Medropharm and may be subject to handling charges (handling charge of up to 30% of the order value or at least Euro 50.00, plus the loss in value of the products since they were ordered).
If the customer does not take delivery of the products within two weeks despite his obligation to do so, Medropharm may terminate the contract and charge the customer with the handling costs in accordance with clause 9 of the General Terms and Conditions.
In the event that Medropharm is unable to deliver in accordance with clause 6 of the GTC, the customer shall have the right to cancel the contract no earlier than four weeks after the agreed delivery date. In the event of cancellation due to non-delivery, Medropharm will refund to the customer any amounts already paid in advance.
10. Exchange and Return
Returnable items can be sent back to Medropharm within 20 days from the date of invoice. Attention: The goods must be returned in their original condition including label(s) and original packaging as well as with the invoice. The returned goods can be sent back at the post office. The cost of the return shipment will be borne by the customer.
Postal address for returns & complaints
11. Deliveries from Medropharm
Products delivered or picked up in our store must be checked immediately for accuracy, completeness and integrity. If any errors or damages (visible or non-visible) appear, they must be reported by the customer to Medropharm immediately upon discovery, but no later than 7 calendar days after receipt of the shipment or takeover of the products. For the further procedure of the claim settlement, the consignment must be kept in the state of delivery and the product must not be used.
Claims for damages arising from non-delivery, breach of contract, culpa in contrahendo, and tort are excluded against Medropharm and Medropharm's vicarious agents, except in cases of intent or gross negligence.
13 Privacy Statement
We appreciate your interest in our products. The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data.
Collection, processing and use of personal data
You can visit our site without providing any personal information. We only store access data without personal reference, such as the name of your internet service provider, the page from which you visit us or the name of the requested file. These data are evaluated exclusively for the improvement of our offer and do not allow any conclusion on your person. Google Analytics can be used for this purpose. You have the possibility to prevent this analysis by using special softare.
Personal data is only collected if you voluntarily provide it to us when ordering goods or registering for our newsletter. We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order. With complete execution of the contract and full payment of the purchase price, your data will be blocked for further use and deleted after the expiry of the tax and commercial regulations, unless you have expressly consented to the further use of your data. When registering for the newsletter, your e-mail address will be used with your consent for our own advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time.
Passing on of personal data
Your data will be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. For the processing of payments, we pass on your payment data to the credit institution commissioned with the payment.
Right to information
According to the Federal Data Protection Act, you have a right to free information about your stored data and, if necessary, a right to correct, block or delete this data.
Contact for data protection
If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data and revocation of consents granted, please contact firstname.lastname@example.org.
14. Jurisdiction and applicable law
The place of jurisdiction is Berlin. The contract is subject to German law.
Medropharm Deutschland GmbH
Tel: +49 (0)5303 930887
Fax: +49 (0)5303 930889
Dr. Claudia Zieres-Nauth (address as above)
Number HRB 231154
VAT ID no: