General terms and conditions of sale
§ 1 Scope
These general terms and conditions of sale (hereafter: GTCS) apply to all contracts concluded in our online shop between us,
- mi.to. pharm GmbH,
- Wilhelm-Mast-Straße 9, 38304 Wolfenbüttel
- CEO: Michael Tomerius
- Telefon: +49 (0) 5331 710 8480
- Telefax: +49 (0) 5331 710 8489
- E-Mail: firstname.lastname@example.org
and you as our customer.
These GTCS apply irrespective of whether you are a consumer or entrepreneur.
Applicable is the version in force at the time of contract conclusion.
Individually agreed terms take priority over these GTCS. Different, contrary or supplementary conditions of the customer will not be accepted by us. This also applies if we fail to expressly contradict their inclusion unless their applicability is explicitly agreed to.
§ 2 Contract conclusion
The presentation and promotion of articles on our Internet homepage, especially in the online shop, do not constitute binding offers for the conclusion of a purchase contract, but merely an invitation for the customer to make an offer in the legal sense. Given the technically conditioned presentation options, ordered goods may slightly and to a reasonable extent differ from the goods pictured online; this can especially involve colour deviations, insofar as reasonable.
If you send an order in the online shop by clicking the order button you are placing a legally binding order. You can correct your binding order at any time before sending it, using the correction tools provided and explained for this in the order process. You are bound to your order for two days after placing it; your potential right as per § 4 to cancel your order remains unaffected by this.
We will confirm receipt of your order placed in our online shop immediately by email. Such an email does not constitute a binding acceptance of your order yet, unless the acceptance is declared therein simultaneously with the confirmation of receipt.
We will accept your offer by
- declaring acceptance in a separate email, or
- delivering the goods, or
- the payment transaction being performed by our service provider or the selected payment service provider, as the case may be. The time of the payment transaction being performed depends on the selected payment method (see § 7, Payment).
The relevant alternative for you depends on which of the listed events occurs first
Should the delivery of the goods you ordered be impossible, e.g. because they are out of stock, we will not declare acceptance. No contract is concluded in this case. We will inform you of this without delay.
The seller is entitled to cancel the customer's entire order if the indicated prices are obviously incorrect. The seller is required to refund any payments already received, using the payment method selected by the customer, without delay (i.e. within seven days from the cancellation). If the seller cancels, no costs will arise for the customer.
The contract is concluded subject to the proviso of non- or partial performance in the event of incorrect or inappropriate self-delivery. This only applies if we are not answerable for the non-delivery and have concluded a concrete cover transaction with the supplier with due diligence. We will make every reasonable effort to procure the goods. Otherwise the consideration will be refunded without delay. If goods are not available or only in parts, the customer will be informed immediately, and can object to a partial performance.
§ 3 Customer information: storage of your order data
The languages available for contract conclusion are German, Danish, English, French, Dutch and Spanish.
We will store your order with details about the concluded contract (e.g. product type, price, etc.). Your past orders are inaccessible to you online, however. We will send you the GTCS and order data in text form, but you can also view the GTCS on our website at all times. If you would like to store the product description from our shop site for your own purposes, you can take a screenshot at the time of ordering, for example, or print out the whole page as an alternative.
§ 4 Cancellation right for consumers
If you are a consumer, i.e. a natural person placing the order for a purpose that is neither attributable to your commercial or self-employed professional activities, the legal provisions entitle you to a right of cancellation.
Right of cancellation
You have the right to cancel this contract within 14 days without citing reasons
The cancellation deadline is 14 days from the day of you or a third party appointed by you who is not the carrier taking possession of the last goods.
To exercise your right of cancellation, you need to inform us (mi.to.pharm GmbH, Wilhelm-Mast-Str. 9, 38304 Wolfenbüttel, telephone +49 (0) 5331 710 8480, email: email@example.com) of your decision to cancel this contract by way of an unambiguous declaration (e.g. by a mailed letter or by email). You can use the enclosed cancellation form template for this, but that is not mandatory.
Sending the notification of your exercising the cancellation right before the cancellation deadline will suffice to meet it.
Consequences of cancellation
If you cancel this contract, we are required to refund to you all payments we have received from you, including delivery costs (except for extra costs arising from your selection of another type of delivery but the least expensive standard delivery offered by us), immediately and no later than 14 days from the day of our receiving the notification of your cancellation of this contract. We will provide this refund by way of the same payment method that you used for the original transaction unless explicitly agreed with you otherwise; in no case will we charge you any fees because of this refund. We can refuse the refund until the goods have been returned to us again or you have provided proof of your sending them back, whichever is earlier.
You are required to send or hand the goods back to us immediately and in any case no later than within 14 days from the day of you informing us of the contract cancellation. The deadline is met if you send the goods off before the expiry of this 14-day period.
You bear the direct costs of returning the goods.
You will only need to compensate a possible decline in the value of the goods if this depreciation is attributable to a handling of the goods that is not required to inspect their quality, properties and functionality.
Cancellation Form Template
(If you wish to cancel the contract, please fill in this form and return it to us.)
- to mi.to. pharm GmbH, Wilhelm-Mast-Str. 9, 38304 Wolfenbüttel, E-Mail: firstname.lastname@example.org:
- I/we (*) herewith cancel the contract concluded with me/us (*) about the purchase of the following goods (*)/provision of the following services (*)
- ordered on (*)/received on (*)
- Name of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
(*) Cross out as appropriate.
General information and information on the inapplicability of cancellation rights
Please avoid damaging and soiling the goods. If at all possible, please return the goods in their original packaging, including all packaging elements and all accessories. Use protective outer packaging if appropriate. If you no longer have the original packaging available, please ensure adequate protection from transport-related damage with suitable packaging.
Please note that the paragraph above is no prerequisite for effectively exercising the right of cancellation.
INAPPLICABILITY OF THE RIGHT OF CANCELLATION
The right of cancellation does not apply to contracts concluded at a distance:
4.1 for the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or that are clearly tailored to the consumer's personal requirements,
4.2 for the delivery of goods that can spoil quickly or whose use-by-date would be quickly exceeded,
4.3 for the delivery of sealed goods that are unsuitable for returning for reasons of health protection or hygiene, if their sealing has been removed after delivery,
4.4 for the delivery of goods if these have been inseparably mixed with other goods after their delivery by reason of their nature.
§ 5 Terms of delivery and proviso of advance payment
We are entitled to provide partial deliveries insofar as reasonable for you
For orders from customers whose residence or place of business is outside of Germany, or if there are justified indications for a risk of non-payment, we reserve the right to only deliver upon receipt of the purchase price including shipping costs (subject to advance payment). If we make use of the prepayment right, we will inform you immediately. In this case the delivery period starts with the payment of the purchase price and shipping costs.
§ 6 Prices and shipping costs
All prices quoted in our online shop are gross prices including statutory VAT and excluding incurred shipping costs. You can find more detailed information on the shipping costs in the offers.
We only deliver by despatch. Collection by the customer is unfortunately impossible
If we fulfil your order by partial deliveries as per § 5.1, you will only need to pay the shipping costs of the first partial delivery. If we provide partial deliveries upon your request, we will invoice shipping costs for every partial delivery.
§ 7 Payment
Customers can principally choose from the following payment methods in our online shop:
Credit card (Mastercard, Visa), SEPA debit, giropay, P24, iDeal, Klarna, EPS, Apple Pay, Google Pay, Bancotact, PayPal.
Payments by credit card (Mastercard, Visa), SEPA debit, giropay, P24, iDeal, Klarna, EPS, Apple Pay, Google Pay and Bancotact are handled in cooperation with Stripe Payments Europe, Ltd., c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereafter: "Stripe"), subject to the Stripe terms of service available at https://stripe.com/de/term, to which we assign our payment claim. Stripe collects the invoiced amount from the credit card or bank account named by the customer. In case of assignment, only payments to Stripe have a debt-discharging effect. The credit card will be charged immediately upon the posting of the customer order in the online shop and/or 2 days by SEPA debit. Even if payment by credit card, SEPA debit, P24, iDeal, Klarna, EPS, Apple Pay, Google Pay or Bancotact via Stripe is selected, we still remain responsible for general customer enquiries concerning the goods, delivery period, shipment, returns, complaints, sent and declared cancellations, or credits, for example. If a debit is not honoured for lack of account coverage or because the stated bank details are incorrect, or if the customer objects to the debit although he/she is not entitled to do so, the customer is required to pay the fees incurred by the respective bank's reversal of the debit if the customer is answerable for it.
To pay invoiced amounts by way of the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), the customer needs to be registered with PayPal, legitimize him- or herself with his/her access data, and confirm the payment order. PayPal will perform the payment transaction immediately upon order placement. You will be provided with further information in the ordering process.
§ 8 Dispatch and delivery periods
The delivery period for deliveries is stated on the respective offer page. The start of the delivery period is based on paragraphs 2 to 4 (depending on the selected payment method).
If payment is provided via PayPal, the delivery period starts one day after the payment order. With all other payment methods, the period starts one day after order placement.
If the delivery period would start or end on a Saturday, Sunday or public holiday, the start or end of the period will be postponed to the next working day to follow.
Information on the delivery periods for deliveries outside Germany is available in the customer information on payment & shipping. Different payment methods may be stated there.
§ 9 Right of setoff or retention
The customer only has a right of setoff where his or her counterclaims have been determined without further legal recourse, accepted, or not been disputed by us. The customer's right of setoff against contractual and other claims from the initiation or execution of this contract remains unaffected by this. The customer can only exercise a right of retention for counterclaims based on the same contract.
§ 10 Retention of title
Delivered goods remain our property until the full payment of the purchase price.
Supplementary conditions for entrepreneurs: We reserve ownership of the goods until the full payment of all claims from an ongoing business relationship. Entrepreneurs are permitted to resell reserved goods in the regular course of business; they assign all claims arising from this resale to us to the extent of the invoice amount in advance – irrespective of a combination or mixing of the reserved goods with any new item – and we accept this assignment. The entrepreneur remains entitled to collect the claims, but we can also collect claims ourselves insofar as entrepreneurs default on payments. We will release the securities due to us upon the entrepreneur's request insofar as their realizable value exceeds the value of outstanding claims by more than 10 %.
§ 11 Damage in transit
For consumers: If goods are delivered with evident transport damage, we kindly request consumers to immediately complain about this to the deliverer, if possible, and contact us without delay. With customers who are consumers, a failure to complain or contact us has no consequences for their statutory claims and the assertion of these claims, especially their warranty rights. But it would help us assert our own claims against the carrier and/or transport insurance.
§ 12 Passing of risk
With consumers, the risk of the sold goods' accidental loss and accidental deterioration also passes to the consumer upon their handover to the consumer in case of sales shipment.
With entrepreneurs, the risk of the sold goods' accidental loss and accidental deterioration also passes to the entrepreneur with their handover, and in case of sales shipment with the delivery of the goods to the freight forwarder, carrier, or other person or establishment tasked with performing the shipment.
The customer's failure to accept goods on time counts as their handover.
§ 13 Warranty, guarantees and limitation
The customer is due statutory warranty rights as modified by § 13 and § 14 of these GTCS.
With entrepreneurs, our liability for defects is most of all based on the agreements concerning the quality and designated use of the goods (including accessories and instructions). To be regarded as quality agreements in this sense are all product descriptions and manufacturer's statements that are the object of the individual contract or have been made publicly known by us at the time of contract conclusion (especially in catalogues or on our Internet homepage). In the absence of quality agreements, the existence or non-existence of defects needs to be judged in accordance with the legal regulations (Civil Code § 434.3). Public statements made by the manufacturer or at the manufacturer's behest, especially in advertisements or on goods labels, prevail over the statements of other third parties in this respect.
Consumers can demand subsequent fulfilment by repair or replacement at their choice. We are entitled to reject the chosen type of subsequent fulfilment if it is only possible at disproportionate costs and the other type of subsequent fulfilment entails no significant disadvantages for the consumer. With entrepreneurs, we will grant warranty for goods defects by repair or replacement at our choice.
If the subsequent fulfilment fails, customers can at their choice demand the purchase price to be lowered (reduction), the contract to be cancelled (withdrawal) or, if the legal requirements are met, compensation in place of delivery. If defects are merely minor, the customer is – in consideration of the mutual interests – not due a right of withdrawal. Instead of compensation in place of delivery, customers can demand reimbursement of any futile expenses they incurred and were in all fairness entitled to incur in reliance on the goods' receipt, in accordance with Civil Code § 284 BGB. If the customer choses compensation in place of delivery, the liability limitations as per § 14 of these GTCS apply.
Amongst merchants, the inspection, notification and rejection requirements as per Commercial Code § 377 apply. If a merchant fails to provide the notification required there, the goods will be regarded as accepted, unless the defect in question was indetectable by the inspection. This does not apply should we have maliciously concealed a defect.
13.2 Guarantees and customer service
Information on any additionally applicable guarantees and their conditions is available at the respective product and from special information pages in the online shop.
Customer service: You can contact our customer service at the telephone number +49 (0) 5331 710 8480 on Monday to Friday, 9 a.m. to 5 p.m., or by way of our contact form.
The warranty period for consumers amounts to 2 years from goods delivery. If a defect has emerged within the limitation period, the limitation for consumers will not come into effect before the expiry of four months after its first emergence. If the consumer has handed the goods over to the entrepreneur or to a third party at the entrepreneur's request, the limitation of claims based on the asserted defect will not come into effect before the expiry of two months after the date of the repaired or replaced goods being handed over to the consumer.
In derogation from Civil Code § 438.1, no. 3, the warranty period for entrepreneurs for claims based on defects in quality or title amounts to one year from delivery. Compensation claims of the customer as per § 14.1, sentence 1 and sentence 2, lit. a) of these GTCS based on the malicious concealment of a defect and under product liability law will exclusively expire in accordance with the statutory limitation periods.
§ 14 Liability
We are liable for compensation – irrespective of the legal grounds – within the framework of fault-based liability in the event of deliberate intent and gross negligence. In the event of simple negligence, our liability is limited, subject to statutory liability limitations (e.g. duty of care in own affairs; immaterial breach of duty), to
a) damages from injury to life, body or health,
b) material damages or purely financial losses from the breach of an essential contractual duty. An essential contractual duty in this sense is a duty whose fulfilment enables the proper implementation of the contract in the first place and on whose observance the contract partner regularly relies and may rely. In this case, our liability is limited to compensation for foreseeable, typically occurring damage, however.
Our liability is excluded in all other respects.
The limitations and exclusions of liability above also apply to our vicarious agents, legal representatives and to the personal liability of our employees. They do not apply insofar as a defect has been maliciously concealed or a guarantee has been assumed for the quality of the goods, nor for customer claims under product liability law.
For the limitation of claims see the last paragraph of § 13 of these GTCS above.
§ 15 Copyrights
The pictures, videos and texts published in our online shop are copyrighted. Their use is prohibited without our explicit consent.
§ 16 Applicable law and place of jurisdiction
The law of the Federal Republic of German applies excluding UN sales law. If you have placed the order as a consumer and habitually reside in another country, the application of that country's mandatory legislation remains unaffected by the choice of law made in sentence 1.
If you are a merchant, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract or these general terms and conditions of sale is the location of the seller, Wolfenbüttel/Germany. We are also entitled to sue merchants at the court of their place of residence or business, however. The same applies correspondingly if the buyer is an entrepreneur within the meaning of Civil Code § 14. The competence based on a legally exclusive place of jurisdiction remains unaffected by this.
§ 17 Customer information for the settlement of disputes
We always endeavour to amicably settle possible disagreements with the customer relating to existing contracts. But we would like to point out that we are not obliged to take part in any consumer arbitration procedures (as per Act on Alternative Dispute Resolution in Consumer Matters), and unfortunately do not offer our customers the participation in such a procedure either.
We are required to inform you that the European Commission provides an online platform for so-called online dispute resolution. You can find this platform at the following link: http://ec.europa.eu/consumers/odr/. Consumers can use this platform to settle their disputes. Our email address for consumer complaints within the framework of the EU online dispute resolution is: Email: email@example.com .