§ 1 General Definitions
(1) The seller offers through the online shop on the website www.europeanpharmacyonline.com particular health & beauty products of all types. The following terms and conditions (GTC) apply to the business relationship between the seller and the buyer valid at the time of the order.
(2) A consumer is any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor their independent vocational activity. Business sense of the terms and conditions are natural or legal persons or partnerships with legal personality, acting upon completion of the transaction in their commercial or independent professional activity. Customer sense of the terms and conditions are both consumers and entrepreneurs.
(3) Individual contract agreements take precedence over these Terms. Differing, conflicting or additional terms and conditions are not part of the contract unless their validity is expressly agreed.
§ 2 Conclusion of contract
(1) The presentation of goods on the website of the seller is not an offer in the legal sense, but merely an invitation to the customer to make an offer in the legal sense. The goods ordered may vary slightly within reason of the goods shown in the Internet due to the inherent display options, in particular this may lead to colour variations, as it is reasonable.
(2) The appointment by the client can through the website of the seller, be made by e-mail. The customer’s order is a binding offer to conclude a purchase contract on the appointed goods.
(3) The Seller will confirm receipt of the order immediately by e-mail.
a) The purchase comes when paying in advance / bank transfer, credit card, invoice or in installments not already with this Order confirmation of order, but only after sending a separate e-mail with an order confirmation or delivery of the goods. The seller is entitled to accept the contractual offer in the order within 5 working days. When ordered electronically goods, the seller is entitled to accept the order within 2 working days of receipt. One assumption is the same when the seller delivers the goods ordered within that period.
b) For payment by PayPal, the contract is already concluded with payment by the customer.
(4) The final contract is subject, in the case of incorrect or improper parts, goods оr to afford only partial. This applies only to the case of non-delivery and is not the responsibility of the Seller and this has been completed with due diligence with a cover transaction from the supplier. The seller will make all reasonable efforts to procure the goods. Otherwise, the payment will be refunded immediately. In case of non-availability or only partial availability of the goods, the customer will be informed immediately.
(5) If the customer orders the goods electronically, the contract will be filed by the seller and sent to the customer together with the legally effective terms and conditions via e-mail after the conclusion.
§ 3 Reservation of title
(1) For consumers, the seller retains title to the goods until full payment of the purchase price. For entrepreneurs, the seller retains title to the goods until full payment of all claims from an ongoing business relationship.
Possibly after deadline – – (2) Breach of contract by the customer, especially in case of default, for providing false information to the customer of his creditworthiness or if an application for commencement of insolvency proceedings is made, the seller is entitled to withdraw from the contract and the goods to ask if the customer has not yet or not fully paid the consideration.
(3) The entrepreneur is entitled to sell the goods in the ordinary course of business. He assigns to the Seller all claims in the invoice amount, which accrue from the sale to a third party. The Seller accepts the assignment. After the assignment, the Contractor is authorized to collect the debt. The seller reserves the right to collect the claim itself, if the contractor does not fulfill his payment obligations, and in default of payment.
(4) The seller undertakes to release the securities he is entitled on request of the customer insofar as the realizable value of the securities exceeds the secured claims by more than 10%. The choice of the securities to be doing the seller.
§ 4 Payment
(1) The specified purchase price is binding. The purchase price includes the VAT is included. The additional costs are incurred when shipping. Costs are included in the shipping cost already.
(2) The customer agrees to pay the full price within 14 days of receipt of the order confirmation email or invoice. After the deadline, the customer is in default of payment. The consumer has arrears on the debt of to 5 % interest above the base rate. The company shall pay interest on the debt of 9% above the base rate during the delay. The company shall owe in arrears with a payment demand also a flat rate payment of 40 €. This also applies if the company has made a down payment or any other payment in installments in arrears. Compared to the company, the seller reserves the right to make higher default damages. The package according to paragraph 5 will be credited to a due claim for damages if the damage is due to costs of prosecution.
(3) The customer has a right to set-off if his counterclaims have been legally recognized or have not been contested by the seller. The buyer’s right to set-off with contractual and other claims arising from the initiation or execution of this contract shall remain unaffected. The customer can only exercise if his counterclaim is based on the same contractual relationship.
§ 5 Payment Options
(1) The buyer may buy at purchase price in advance / bank transfer, credit card, PayPal. For international orders, the seller accepts payment by bank transfer or PayPal or credit card.
(2) For payment by credit card, first a (pre-authorized) Reservation of the amount upon completion of the order. The order will only be shipped on receipt of charge on the credit card account.
(4) information on whether additional costs of the selected payment method will be mentones on our website.
§ 6 Shipping
(1) The seller delivers Worldwide.
(2) The delivery time for deliveries is indicated on the respective page. The beginning of the delivery period shall be determined (depending on the selected payment) under paragraph 3 to 5.
(3) If payment in advance / bank transfer, credit card or PayPal, the delivery period begins one day after effecting the payment instruction. For all other payment methods period begins one day after the order.
(4) Information on the delivery date for a delivery will be send via e-mail.
(5) Where the beginning of the period or the period end on a Saturday, Sunday or a legal holiday, then the start time and end time on the following working day.
(6) With regard to the reservation proper delivery to the seller refers to § 2 paragraph 4 of these Terms and Conditions.
(7) The seller is entitled to partial delivery, insofar as a partial delivery is reasonable for the customer taking into account their interests. This does not affect the contract, and in particular the amount owed by the seller or performance on the agreed service time. There are no additional costs for the customer arising from the partial delivery.
§ 7 Risk of transfer
(1) For consumers, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the consumer also on sale to the delivery of the goods.
(2) For businesses, the risk of accidental loss and accidental deterioration of the goods with the delivery goes on sale to the delivery of the goods to the shipper, the carrier, or otherwise to execute the dispatch person or institution to the entrepreneurs.
(3) The transfer is the same, if the customer is in default of acceptance.
§ 8 Warranty
(1) The customer is entitled to a statutory right of warranty, which is modified according to § § 8, 9 of these Terms and Conditions.
(2) Ordered products may differ slightly from the goods shown on the Internet, within reason. Reference is made to § 2 paragraph 1 of this Terms and Conditions.
(3) Consumers have the choice of whether to remedy by repair or replacement. The seller is entitled to the type of post to be refused if it is only possible with disproportional costs and the other type of remedy without significant disadvantages for the consumer. For companies the seller with defects in the goods has first option by repair or replacement.
(4) If subsequent performance fails, the customer can have either a reduction of the purchase price (reduction), cancellation of the contract (withdrawal) or damages in lieu of performance. With only minor defects the customer – taking into account the interests of both parties – no right of withdrawal. Instead of damages in lieu of performance, the customer can demand reimbursement of expenses under § 284 BGB, which he made in reliance on the receipt of goods and reasonably could do. If the customer chooses compensation instead of performance, the limitations of liability apply in accordance with § 9 paragraph 1 of this Terms and Conditions.
(5) Customers must inform the seller obvious defects of the delivered goods within a period of 2 weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. To meet the deadline, timely dispatch or release. For merchants, § 377 HGB.
(6) If the customer is an entrepreneur, is regarded as quality of the goods only the product description from the seller as agreed. Public statements, recommendations or advertising by the manufacturer do not represent a contractual condition of the goods.
(7) The warranty period for consumers is 2 years from delivery of the goods. By way of derogation, the warranty period for entrepreneurs 1 year after delivery. For used goods, the warranty period is also 1 year after delivery of the goods. The one-year warranty period will not apply if the seller guilty of gross negligence, also not in the case attributable to the ad body and health and loss of life of the customer, in case of a warranty as well as in the case of delivery recourse pursuant to § § 478, 479 BGB. The seller’s liability under the Product Liability Act shall remain unaffected.
(8) Notwithstanding paragraph 7 shall apply the limitation period, if the seller has fraudulently concealed a defect.
(9) The seller gives to the customer no guarantees in the legal sense, unless expressly agreed otherwise. Manufacturer warranties remain unaffected.
§ 9 Limitations of Liability
(1) In the case of slight negligence, the liability is limited to the predictable nature of the goods, typical, direct average damage. This also applies to slightly negligent breaches of duty by the legal representatives or carry out work or agents of the Seller. The seller is not liable for minor contractual obligations for slightly negligent violation. Instead, he is liable for the violation of essential contractual legal positions of the customer. Essential contractual legal positions are such that it has to provide the customer under the contract content and purpose of the contract. The seller is also liable for the breach of obligations the fulfillment of which allows for the proper execution of the contract and may rely on which the customer.
(2) The foregoing limitations of liability do not affect the customer’s claims warranties and / or product liability. The limitations of liability shall not apply in bad faith, in violation of contractual obligations and the seller to body or health or in loss of life of the customer.
(3) The Seller shall only be liable for their own content on the website of its online stores. As far as is possible with the access links to other websites, the seller is not held responsible for the content contained therein. He makes use of the foreign content which is not theirs. If the Seller becomes aware of any illegal content on external Web sites, they will block access to these sites immediately.
§ 10 Final provisions
(1) For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only to the extent that the granted protection is not withdrawn by mandatory provisions of the laws of the State in which the consumer has his habitual residence. The provisions of the UN Sales Convention do not apply. § 14 Para 12 p 91 TDSG remains unaffected.
(2) If the customer is a merchant, legal entity under public law or a public law special fund, jurisdiction is the competent to the business of the seller Court for all disputes arising from this contract, except in case of an exclusive venue. The seller is also entitled to sue the merchant at his residence or place of business judgment. The jurisdiction basis of an exclusive jurisdiction remains unaffected.
(3) We are obliged to inform you that a corresponding online platform is kept ready in terms of the so-called Online Dispute Resolution from the European Commission. This platform can be accessed at the following link: https://ec.europa.eu/consumers/odr. In this context, we are also obliged to inform you our e-mail address. This is: firstname.lastname@example.org