General Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts entered into between you and us as the provider (ineo Pharma GmbH) via the website www.gluteostop.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions shall be opposed.
(2) A consumer is defined as any individual who agrees to a legal transaction for purposes which cannot predominantly be attributed to his/her commercial or his/her self-employed professional activity. An entrepreneur is any individual or legal entity or private company, with legal capacity that exercises its independent professional or commercial activity when entering into a legally binding transaction.
§ 2 Coming into effect of the contract
(1) The object of the contract is the sale of goods.
(2) With the listing of the respective product on our website, we already submit to you a binding offer to enter a contract under the conditions stated in the item description.
(3) The contract is entered into via the online shopping cart system as follows:
Goods intended for purchase are stored in the "shopping cart". You can call up the "shopping cart" and make changes to it at any time via the corresponding button in the navigation bar.
After calling up the “checkout” page and entering your personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
If you use an instant payment system, payment method (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort), you will either be taken to the order overview page in our online shop or you will be transferred to the website of the provider of the instant payment system.
If you are transferred to the respective instant number system, make the appropriate selection or enter your data there. You will be redirected back to our online shop to the order overview page at the end of the process.
Before submitting your order, you have the option of checking all its details again, with the ability to change them (also via the "back" function of the Internet browser) or cancelling the purchase.
By sending the order via the button "order payable" you declare to accept the offer in a legally binding form, thereby entering into the contract.
(4) The processing of the order and transmission of all information required in connection with the effectual contract shall be partially automated by e-mail. You must therefore ensure that the e-mail address you provided is correct, that the receipt of e-mails is technically ensured and, in particular, that SPAM filters do not prevent emails being delivered.
§ 3 Contract term / Cancellation of subscription contracts
(1) The effectual subscription contract between you and us has an open-ended term. The contract can be terminated by either party with a notice period of 3 weeks to the end of the month (unless otherwise stipulated in the respective offer). The notice must be given in writing (e.g. e-mail).
(2) The right to extraordinary termination for good cause remains unaffected.
§ 4 Specific agreements relating to payment methods offered
(1) SEPA direct debit (basic and/or company direct debit)
When paying with SEPA basic direct debit or SEPA corporate direct debit, you authorize us to debit the invoiced amount from the specified account by issuing the corresponding SEPA mandate.
The debit note is collected within 5 - 15 days of delivery of the goods in Germany and within 5 - 15 days of the contract coming into effect, for deliveries outside of Germany.
The time limit for pre-notification is reduced to 5 days before the due date. Please note that you are required to maintain sufficient funds in your account on the date specified. You are liable for any bank charges incurred by a return debit note resulting from your own negligence.
§ 5 Right of retention, retention of ownership
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additionally applies:
a) We retain ownership of the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by securing a collateral is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, we accept that you hereby assign to us all claims arising persuant to the resale of goods, up to the invoiced amount. You are further authorised to collect any outstanding claim. If you do not meet your payment obligations correctly, we however, reserve the right to recover the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the collateral to which we are entitled at your request to the extent that the realisable value of our collateral exceeds the claim to be secured by more than 10%. The choice of the collateral to be released shall be incumbent upon us.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As the consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any problems as quickly as possible. Should you not comply, this will not effect your statutory warranty claims.
(3) If you are an entrepreneur, the foregoing warranty provisions shall not apply:
a) Only our own details and the manufacturer's product description shall be considered binding to attest to the quality of the item, this excludes any other advertising, public praise or statements from the manufacturer.
b) In the event of defects, we shall, at our discretion, rectify the defect or deliver a replacement. If the remedy of the defect fails, you may demand a reduction in the purchase price or withdraw from the contract, at your discretion. The remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless a different result arises, due specifically, to the type of item or defect or other circumstances. In the event the defect is rectified, we do not assume the increased costs incurred by the transport of the goods to a place other than the place of delivery, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The time limit reduction shall not apply:
- in the event of damages caused by us and giving rise to life threatening injuries, bodily injuries or adverse effects on health and in the event of other damage caused intentionally or by gross negligence;
- in the event we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for objects which have been used for a building in accordance with their usual use and which have caused the defectiveness thereof;
- in the event of statutory rights of recourse which you have with respect to us in connection with the warranty rights.
§ 7 Applicable law, place of implementation, jurisdiction
(1) German law shall apply. In the case of consumers, this applicable law applies only insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of implementation for all services arising from business relationships with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual domicile is not known at the time the claim is filed. The additional right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the vendor
ineo Pharma GmbH
Phone: +49 21548826282
Alternative settlement of disputes:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at: https://ec.europa.eu/odr.
2. Additional details on the coming into effect of the contract
The technical steps towards the effectual contract, the contract itself coming into effect and the possibilities for correction shall be carried out in accordance with the provisions “Coming into effect of the contract” as stated under our General Terms and Conditions (Part I).
3. Contract language, storage of the contract
3.1. The contract language is German.
3.2. The complete contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser's print function. After we receive the order, the order data, the legally prescribed information for distance purchasing contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. Code of conduct
4.1. We have committed to the purchaser’s seal quality criteria of the Händlerbund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct, which can be consulted at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of goods and services
The essential characteristics of goods and/or services can be found in the corresponding offer.
6. Prices and payment methods
6.1. The prices quoted in the respective offers as well as the shipping costs represent the total cost. They include all price components including all applicable taxes.
6.2. Shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless delivery free of shipping costs has been agreed to.
6.3. The payment methods available to you are indicated under the appropriately marked button on our website or in the respective offer.
6.4. Unless otherwise stated in the different individual payment methods, the payment claims from any effectual contract are due for immediate payment.
7. Terms of delivery
7.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under the appropriately marked button on our website or in the respective offer.
7.2. The legislation states that the risk of accidental loss and accidental deterioration of the sold goods during shipment only passes to the consumer upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
8. Legal liability for defects
Liability for defects shall be governed by the "Warranty" provision in our General Terms and Conditions (Part I).
9. Duration of contract / Termination
You will find information on the duration of the contract as well as the cancellation conditions in the regulation "Contract duration / cancellation of subscription contracts" in our General Terms and Conditions (Part I), as well as in the respective offer.
These general terms and conditions and customer information were prepared by the lawyers of the Dealer Association who specialise in IT law and are permanently audited for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of formal warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
last update: 07.12.2017