General Terms and Conditions
By placing an order I accept the following General Terms and Conditions of the company Rosen Apotheke Rosenheim, hereinafter referred to as Seller
(1) These General Terms and Conditions shall be binding insofar as the offer or the order confirmation declares them to be applicable. Any other terms and conditions of the Buyer shall only be valid if they have been expressly accepted by the Seller in writing.
(2) All agreements and legally relevant declarations of the contracting parties must be in writing to be valid.
II. Offer, conclusion of contract and prices
(1) The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button “Buy” / “order subject to payment” you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order and does not yet represent acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivery of the goods within 1-3 days.
(2) Since the offered goods are mainly limited stock natural products, orders are accepted subject to the possibility of delivery.
(3) Unless otherwise agreed, the Seller’s prices are net, ex location Germany, in Euro, excluding packaging, transport, insurance, plus VAT.
(4) All prices are inclusive of the currently valid VAT. Exceptions with reduced VAT: Food from PurNatur, tea blends and books.
In addition, we reserve the right to make necessary price adjustments.
III. Mail order and resale to tradesmen
The distribution and resale of goods purchased from the Seller by mail order or to tradesmen of the same trade level (wholesale to wholesale or retail to retail) or tradesmen of upstream trade levels (retail to wholesale) is only permitted with the written consent of the Seller.
IV. Delivery and shipping
(1) You have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods.
(2) In the case of package shipments via pharmaceutical wholesalers, the goods shall be shipped at the Buyer’s expense and risk. Even in the case of carriage paid delivery, the purchaser shall bear the risk.
(3) For deliveries to non-EU countries, additional customs duties, taxes and fees may apply. The shipment of the goods is at the expense and risk of the buyer. Even in the case of freight prepaid delivery, the buyer bears the risk.
V. Terms of payment
(1) Payments are to be made by the Buyer at the Seller’s registered office.
(2) If the Buyer exceeds the payment term of 30 days, 10 days after the issuance of the payment reminder, the receivables will be transferred to a collection service.
(3) The payment term is 3 weeks from the invoice date. Payment can be made by:
- Direct debit by the seller with 3% discount (Sepa mandate).
for SEPA payment an account in Euro is required
- by bank transfer within 8 days with 2 % discount, within 3 weeks
- by sofortüberweisung with 3 % discount. With sofortüberweisung.de you can pay comfortably and easily with your online banking account (at your house bank). All you need is your account number, bank code, PIN and TAN.
- by paydirekt, PayPal or the credit cards Visa and Visa electron.
If you pay by direct debit or credit card, your account will be debited within 8 days after the invoice is issued.
VI. reservation of proprietary rights
(1) The goods delivered by the Seller to the Buyer shall remain the property of the Seller until all claims, irrespective of their legal basis, have been settled in full (reserved goods).
(2) If the Buyer processes the delivered goods with other goods not owned by the Seller, then the processing and transformation of the goods shall always be carried out for the Seller and the Seller shall become co-owner of the processed item in the ratio of the invoice value of the reserved goods to the value of the processed goods. After mixing the delivered goods with an object of the Buyer, which is to be regarded as the main object, it shall be deemed agreed that the Buyer shall manage the acquired co-ownership of the Seller on behalf of the latter. 3.
(3) If the Buyer sells the goods or the items produced from the goods, the Buyer hereby assigns to the Seller the claim for remuneration against the third party accruing to him as security for our claims.
The assignment shall in any case be made in the amount corresponding to the invoice claim plus a security surcharge of 20%.
(4) At the request of the Seller, the Buyer shall be obliged to provide detailed evidence of the assigned claims and to notify its debtors with the request to pay exclusively to the Seller up to the amount of the assigned claim.
(5) The Seller shall also be entitled to assert the retention of title if there is reason to fear that the retained title is at risk.
(6) If the value of the existing securities exceeds the value of the claim not only temporarily by a total of more than 20%, the Seller shall release the securities upon request in accordance with the amount and at his discretion.
(7) Despite the retention of title, the Buyer shall bear the risk of loss or deterioration of the delivered goods or the products manufactured therefrom.
VII Liability for defects
(1) The Seller warrants that the goods delivered by him are free from defects in accordance with the agreed quality.
(2) The Buyer shall inspect the delivery immediately upon receipt and notify the Seller of any defects in writing. If he fails to do so, the deliveries and services shall be deemed to have been approved. 3.
(3) The limitation period for claims arising from liability for defects shall be 1 year from delivery in the case of entrepreneurs and 2 years in the case of consumers. 4.
(4) In the event of a justified notice of defect within the time limit, the Seller shall, at its discretion, either remedy the defects free of charge or replace the defective items with items free of defects. 5.
(5) If a defect is not remedied by the Seller within a reasonable period of time by means of a replacement delivery or remedy of the defect, the Buyer may demand a reduction of the purchase price or rescission of the contract.
(6) The liability for defects shall expire prematurely if the Buyer or third parties make improper modifications or repairs or if the Buyer does not immediately take all appropriate measures to mitigate the damage and give the Seller the opportunity to remedy the defect.
VIII. Limitation of Liability
(1) With respect to entrepreneurs, the Seller shall be liable for direct and indirect damages, except in the event of a breach of material contractual obligations, only if and to the extent that the Seller or its representatives are guilty of intent or gross negligence. In this case, the liability is limited to the damage typically foreseeable at the time of conclusion of the contract. 2.
(2) Towards consumers, the Seller shall only be liable for intent and gross negligence. However, in the event of breach of material contractual obligations, debtor’s delay or impossibility of performance for which the Seller is responsible, the Seller shall be liable for any culpable conduct of its employees and vicarious agents. Except in the case of intent and/or gross negligence on the part of legal representatives, employees and other vicarious agents, the Seller’s liability shall be limited to the amount of damage typically foreseeable at the time of conclusion of the contract. 3.
(3) The aforementioned exclusions and limitations of liability vis-à-vis entrepreneurs or consumers shall not apply in the event of the assumption of express warranties by the Seller and for damages arising from injury to life, limb or health as well as in the event of mandatory statutory provisions.
IX. Final Provisions
(1) The place of performance for the Seller’s delivery shall be the respective place of dispatch.
(2) The place of performance for all other obligations is Kempten im Allgäu.
(3) If the Buyer is a registered merchant, the place of jurisdiction for all legal disputes arising from the business relations shall be Kempten im Allgäu.
(4) The contract concluded between the contracting parties shall remain binding even in the event of legal invalidity of individual provisions or individual clauses of these terms and conditions. An ineffective provision and an ineffective business condition shall be replaced in good faith by a provision that comes closest to the purpose of the ineffective provision or condition and ensures the achievement of the economic purpose of the contract.
Please note that medicinal products are excluded from revocation for reasons of drug safety!
Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.