General terms and conditions of business | VersandApo.de

General terms and conditions of business

State: 03/2016

Pelikan-Apotheke
Owner Dr. Achim Kaul e.K.
Albertstrasse 14
67227 Frankenthal
Germany

The terms and conditions listed below contain the conditions set exclusively between you and our company, as long as these have not been changed by written agreements between you and our company.

You will be notified of any changes of these terms and conditions on our website, in written form, via fax or e-mail.

1. Registration as a customer

Your registration to our trading system is free of charge. You are not entitled to admission to our trading system. Only people who have full legal capacity are eligible. By request you have to submit us a copy of your ID. In order to have access to our website you have to fill out the online application form available on our website and submit it. The data needed for the registration shall be accurate and complete. By registering you will provide your e-mail address and choose a password. You are bound to keep your password secret and not to pass it on to third parties.

Except for your agreement to the validity of these terms and conditions your registration is no commitment. The registration on our website does not imply an obligation to buy the goods we offer.

In case your personal data changes, you are responsible for keeping it updated. You can change your personal data under "My account" after having registered.

2. Conclusion of contract

The offer on our homepage should not be binding. The order is realized by transfer of the order form, filled in completely in the online procedure, in written form, via fax or phone.

As a prerequisite of a drug delivery you need to provide your telephone number with your order at which our pharmaceutical staff will consult you with no additional fees. A consulting service via phone by us will be done monday-fridays from 8am-6pm.

By sending of the order you confirm that the recipient has already reached the age of 18.

We reserve the right to refuse or reduce the supply of medicinal products in order to prevent drug abuse.

After the order you will receive an order confirmation by e-mail with the contractual data, the statutory right of withdrawal and our terms and conditions in written form. Subject to the following provision, the receipt of the order confirmation represents a contract of purchase between you and our company regarding the ordered goods.

In the case of an order of prescription drugs, the above mentioned does only apply if a valid prescription is submitted.

We do not deliver cooling products, narcotics and prescription only veterinary drugs.

We do not deliver prescription only drugs to Austria.

Orders from foreign countries or deliveries to foreign countries are only possible within Europe.

The languages available for the conclusion of the contract are German, English, Spanish, French and Italian.

The wording of the contract will be saved, the contract data can be found in the order confirmation which you can print upon receipt by e-mail.

3. Delivery

The ordered drugs will be delivered within two working days after having received the order, as long as the drugs are available at the time of order unless there is a discrepancy.

Other pharmacy common goods will be delivered within two working days after receiving your order, as long as not mentioned differently in the offer.

Delivery times for European countries might be between 2-8 business days, depending on the correspondent country.

As soon as we notice that the ordered items cannot be delivered within the abovementioned time, we will notify you immediately via E-Mail.

If an item is not available at the moment of the conclusion of the contract, we will inform you immediately and will offer if applicable a similar product. In case a comparable product is not available or you do not like to receive the ordered items anymore, we will recompense if applicable already paid costs.

The ordered goods shall be delivered at customer’s option to the address indicated by the customer in the order. The ordering party is responsible for the fact that, at the time of delivery, the people present at the delivery address mentioned below are entitled to receive the delivery. In case a dispatch is not possible, we will determine a second delivery.

4. Prices

All stated prices are final prices including taxes and forwarding costs within Germany. Incoming forwarding costs will be stated before the conclusion of the order and will be listed separately on the invoice.

5. Payment

We offer the following methods of payment:

  • invoice
  • direct debit (SEPA)
  • prepaid
  • credit card (MasterCard/EuroCard, Visa, AMEX)
  • PayPal
  • SOFORT Banking

We reserve the right to exclude certain payment methods. If this applies you will be notified immediately.

The purchase price is due without discount immediately after invoice receipt. It compromises the indicated gross prices including the value added tax contained therein.
The purchase price is charged by credit debit only 7 days after the package has been delivered to DHL (mail).
If the customer is in default of payment, we shall be entitled to charge interest at a rate of 5% over the base lending rate of the European Central Bank. In case of proof of a larger damage due to the delay of payment, the right is entitled to us to make the delay valid.

6. Reservation of ownership

Until complete settlement of all claims against the customer the delivered goods shall remain our property. If you shall be in default more than 10 days, we reserve the right to withdraw from the contract and recall the delivered items.

7. Right of withdrawal

You are entitled to withdraw. Regarding the premises and legal consequences of the right of withdrawal we refer to the disclaimer.

8. Warranty

In the case that the delivered goods are faulty, you are entitled within the legal requirements to ask for a redelivery, to withdraw from the contract or to lower the purchasing price.

9. Online Dispute Resolution pursuant to Art. 14 para. 1 ORD Regulation

The European Commission provides a platform for the Online Dispute Regualtion (ODR) which you can find under https://ec.europa.eu/consumers/odr/.
We shall not be obligated and ready to take part in a dispute resolution process in front of a consumer conciliation board.

10. Information on the battery law / electrical law

Information on the battery law

According to the battery regulation we are, when selling batteries, accumulators or deliver devices, which include batteries or accumulators, bound to advise you of the following:
Batteries and accumulators must not be disposed with the regular household garbage.
As an end consumer you are obligated by law to return used batteries.
You may return used batteries in our pharmacy for free.
You may return batteries and accumulators from our product line in the regular amount at your expenses also via regular mail.

Batteries and accumulators which include hazardous substances are marked with a crossed out garbage bin symbol. Next to the garbage bin symbol you will find the chemical term of the hazardous substance. "CD" stands for cadmium, "PB" for lean and "HG" for quicksilver.

Information on the electrical law

Electrical and electronical devices must not be disposed with the regular household garbage.
Disposal may only occur through the local collecting and returning point of the local authorities.

11. Limitation of liability

We are liable for intentional and grossly negligent damage. We are also liable for negligent violation of duties, which are either essential to fulfill the purpose of the contract or where the customer regularly relies and is entitled to rely upon our compliance and where failure to comply would lead to rights and legal positions of the customer being removed or limited in such a way that the contractual purpose can no longer be fulfilled. In the case of the last mentioned case our liability is limited to contractually typical, foreseeable loss. We are not liable for the minor negligent damage of others but for those duties mentioned in the sentences above.

The here mentioned limitation of liability is not valid for injury of life, body and health. The liability according to the Product Liability Act remains unaffected.

12. Place of jurisdiction, applicable law, miscellaneous

The place of jurisdiction for all disputes arising from these contractual relations shall be, for all commercial merchants and persons who have no general place of jurisdiction within Germany, 67227 Frankenthal.

Modifications or additions of these terms and conditions need to be submitted in written form. Faxes and electronical data in text form do not copy with the requirement of written form.

13. Salvatoric clause

If single determinations of the contract including this regulation should be partially or completely inoperative or the contract should be incomplete, the other determinations or parts of such determinations will remain active in spite of this.

State: March 11, 2016

Pelikan-Apotheke, Owner: Dr. Achim Kaul e.K., Local Court Ludwigshafen HRA 21044, Albertstrasse 14, 67227 Frankenthal, Value added tax identification number: DE148444012.

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