General terms and conditions of sale

These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us,

mi.to. pharm GmbH,
Wilhelm-Mast-Straße 9
38304 Wolfenbüttel
Managing director: Michael Tomerius
Telephone: +49 5331 7108480
Fax: +49 5331 7108489
Email: [email protected]

and you as our customer.

These GTC apply regardless of whether you are a consumer or an entrepreneur.

The version of the GTC valid at the time the contract is concluded applies.

Individual contractual agreements take precedence over these GTC. We do not accept any deviating, conflicting or supplementary terms and conditions of the customer. This also applies if we do not expressly object to their inclusion, unless their validity is expressly agreed.

The presentation and advertising of articles on our Internet homepage, in particular in the online store, does not constitute a binding offer to conclude a purchase contract, but merely an invitation to the customer to submit an offer in the legal sense. The goods ordered may deviate slightly from the goods shown on the Internet within reasonable limits due to the technical presentation possibilities, in particular there may be colour deviations, insofar as this is acceptable.

By submitting an order via the online store by clicking on the order button, you are placing a legally binding order. You can correct your binding order at any time before sending it by using the correction aids provided and explained in the order process. You are bound to the order for a period of two days after placing the order; your right to withdraw from your order in accordance with § 4 remains unaffected by this.

We will immediately confirm receipt of your order placed via our online store by email. Such an email does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.

We accept your offer by

• we issue a declaration of acceptance in a separate email or
• we deliver the goods or
• if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see § 7 Payment).

The relevant alternative for you depends on which of the events listed occurs first.

If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded. We will inform you immediately.

The seller has the right to cancel the customer's entire order in the event of obviously incorrect price displays. Payments already received are to be refunded by the seller immediately (i.e. within seven days from cancellation) using the payment method chosen by the customer. The customer will not incur any costs if the seller cancels the order.

The contract is concluded subject to the reservation that in the event of incorrect or improper self-delivery, no or only partial performance will be made. This only applies in the event that we are not responsible for the non-delivery and we have concluded a corresponding covering transaction with the supplier with due care. We shall make every reasonable effort to procure the goods. Otherwise the payment will be refunded immediately. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and may object to partial performance.

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

Your order with details of the contract concluded (e.g. type of product, price, etc.) will be stored by us. However, you do not have access to your past orders via the Internet. We will send you the GTC and the order details in text form, but you can also access the GTC at any time via our website. If you would like to save the product description on our store page for your own purposes, you can take a screenshot at the time of ordering, for example, or alternatively print out the entire page.

If you are a consumer, i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity, you have a right of withdrawal in accordance with the statutory provisions.

Instruction on the Right of Withdrawal

Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise the right to cancel, you must inform us (mi.to. pharm GmbH, Wilhelm-Mast-Str. 9, 38304 Wolfenbüttel, telephone +49 (0) 5331 710 8480, email: [email protected]) of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post or email). You can use the attached template withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case not later than 14 days from the day on which you inform us of the withdrawal from the contract. The deadline is met if you send the goods before the 14-day period has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Download return form

General information and reference to the non-existence of the right of withdrawal

GENERAL INFORMATION

Please avoid damaging or contaminating the goods. If possible, please return the goods to us in their original packaging with all packaging components and accessories. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
Please note that the above paragraph is not a prerequisite for the effective exercise of the right of withdrawal.

NON-EXISTENCE OF THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply to distance contracts:
4.1 for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
4.2 for the delivery of goods that can perish quickly or whose expiration date would be quickly exceeded,
4.3 for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
4.4 for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.

We are entitled to make partial deliveries insofar as this is acceptable for you.

In the case of orders from customers whose place of residence or business is abroad or where there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the reservation of prepayment, we will inform you immediately. In this case, the delivery period shall commences upon payment of the purchase price and shipping costs.

The prices shown in our online store are gross prices in EUR including the statutory German value added tax and do not include any shipping costs incurred. The actual final price, including the value added tax rates of the destination country applicable to the goods ordered, will be displayed to the customer at the checkout before the order is placed. Depending on the delivery address, the actual value added tax may vary, as for goods sent to destinations within the European Union (EU) and Northern Ireland, the value added tax is calculated according to the applicable statutory provisions and the different tax rates of the member states.

You can find out more about the shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

If we fulfil your order in accordance with § 5 para. 1 through partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

The following payment methods are available to customers in our store: Credit card (Mastercard, Visa), SEPA direct debit, giropay, P24, iDeal, Klarna, EPS, Apple Pay, Google Pay, Bancotact, PayPal.

The processing of credit card (Mastercard, Visa), SEPA direct debit, giropay, P24, iDeal, Klarna, EPS, Apple Pay, Google Pay and Bancotact payments is carried out in cooperation with Stripe Payments Europe, Ltd, c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: "Stripe"), subject to the Stripe Terms of Use, which can be viewed at https://stripe.com/de/term, to which we assign our payment claim. Stripe collects the invoice amount from the customer's specified credit card account or bank account. In the event of assignment, payment can only be made to Stripe with debt-discharging effect. The credit card will be debited immediately after the customer order has been sent in the online store or within 2 days by SEPA direct debit. We remain responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, notices of withdrawal or credit notes, also if the payment method credit card payment, SEPA direct debit, P24, iDeal, Klarna, EPS, Apple Pay, Google Pay or Bancotact via Stripe is selected. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this.

PayPal

In order to be able to pay the invoice amount via 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 must be registered with PayPal, legitimise himself with his access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.

The delivery period for deliveries is specified on the respective offer page. The start of the delivery period is determined (depending on the selected payment method) in accordance with paragraphs 2 to 4.

When paying by PayPal, the delivery period begins one day after the payment instruction. For all other payment methods, the period begins one day after the order is placed.

If the start or end of the period falls on a Saturday, Sunday or a public holiday, the start or end of the period will be postponed to the following working day.

Information on the delivery period for deliveries outside Germany can be found in the customer information on payment and shipping (Payment & Shipping). Different payment methods may be specified there.

The customer only has a right of set-off if his counterclaims have been legally established, recognised or not disputed by us. The customer's right to offset against contractual and other claims arising from the initiation or execution of this contractual relationship remains unaffected by this. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

Delivered goods remain our property until the purchase price has been paid in full.

For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. The entrepreneur may resell the reserved goods in the ordinary course of business; he assigns to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount and we accept this assignment. The entrepreneur remains authorised to collect the claims, but we may also collect claims ourselves if the entrepreneur does not meet his payment obligations. We shall release the securities to which we are entitled at the request of the entrepreneur to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

The following applies to consumers: If goods are delivered with obvious transport damage, we ask that they complain to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for the customer, who is a consumer, with regard to his legal claims and their enforcement, in particular his warranty rights. However, it helps us to be able to assert our own claims against the carrier or the transport insurance company.

In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer upon delivery of the goods, including in the case of sale by despatch.

In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur upon handover or, in the case of sales by despatch, upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

If the customer is in default of acceptance, this will be deemed equivalent to handover.

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.

The customer is entitled to a statutory warranty right, which is modified in accordance with §§ 13, 14 of these GTC.

In relation to entrepreneurs, the basis of our liability for defects is above all the agreement reached on the quality and intended use of the goods (including accessories and instructions). All product descriptions and manufacturer's specifications which are the subject of the individual contract or which were made public by us (in particular in catalogues or on our Internet homepage) at the time the contract was concluded are to be deemed to be an agreement on quality in this sense. Insofar as the quality has not been agreed, it is to be assessed in accordance with the statutory provisions whether a defect exists or not (Section 434 (3) BGB (German Civil Code)). Public statements made by the manufacturer or on his behalf, in particular in advertising or on the label of the goods, take precedence over statements made by other third parties.

Consumers have the choice of demanding subsequent performance by repair or replacement. We are entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the consumer. In the case of entrepreneurs, we provide warranty for defects in the goods at our discretion by repair or replacement.

If the subsequent performance fails, the customer may, at his discretion, demand a reduction in the purchase price (reduction), rescission of the contract (withdrawal) or, if the statutory requirements are met, compensation instead of performance. In the event of only minor defects, taking into account the interests of both parties, the customer will not be entitled to withdraw from the contract. Instead of compensation in lieu of performance, the customer may demand compensation for futile expenses within the scope of Section 284 BGB (German Civil Code), which he has incurred and could reasonably incur in reliance on receipt of the goods. If the customer chooses compensation instead of performance, the limitations of liability pursuant to § 14 of these GTC applies.

The duty to inspect and give notice of defects regulated in Section 377 HGB (German Commercial Code) applies to merchants. If the merchant fails to notify us as stipulated therein, the goods will be deemed approved unless the defect was not recognisable during the inspection. This will not apply if we have fraudulently concealed a defect.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: You can reach our customer service Monday to Friday from 9.00 to 17.00 on +49 (0) 5331 710 8480 or via our contact form.

The warranty period for consumers is 2 years from delivery of the goods. If a defect has become apparent within the limitation period, the limitation period for consumers will be 4 months from the date on which the defect first became apparent. If the consumer has handed over the goods to the seller or to a third party at the instigation of the entrepreneur seller for subsequent performance or for the fulfilment of claims under a guarantee, the limitation period for claims due to the defect asserted will not expire before 2 months after the date on which the repaired or replaced goods were handed over to the consumer.

Notwithstanding Section 438 para. 1 no. 3 BGB, the warranty period for entrepreneurs for claims arising from material defects and defects of title is one year from delivery. Claims for damages by the customer in accordance with § 14 para. 1 sentence 1 and sentence 2 lit. a) of these GTC, due to fraudulent concealment of a defect and in accordance with the Product Liability Act lapse exclusively in accordance with the statutory limitation periods.

We are liable for damages - irrespective of the legal grounds - within the scope of fault-based liability in cases of intent and gross negligence. In the event of simple negligence, we are liable, subject to statutory limitations of liability (e.g. care in our own affairs; insignificant breach of duty), only

a) for damages resulting from injury to life, body or health,

b) for damage to property or pure financial loss arising from the breach of a material contractual obligation. A material contractual obligation is an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely. In this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.

Our liability is otherwise excluded.

The above limitations and exclusions of liability also apply to our vicarious agents, legal representatives and for the personal liability of our employees. They will not apply if a defect has been fraudulently concealed or a guarantee has been given for the quality of the goods and for claims of the customer under the Product Liability Act.

For the limitation of claims see above, § 13 last paragraph of these GTC.

The images, videos and texts published in our online store are protected by copyright. Use of the images, films and texts is not permitted without our express consent.

The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country 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 GTC is the registered office of the seller, Wolfenbüttel/Germany. However, we are also entitled to sue the merchant at his place of residence or business. The same applies if the buyer is an entrepreneur within the meaning of Section 14 BGB (German Civil Code). Jurisdiction based on a statutory exclusive place of jurisdiction remains unaffected by this.

We always endeavour to resolve any disagreements with the customer with regard to existing contracts by mutual agreement. However, we would like to point out that we are not obliged to participate in a consumer arbitration procedure (according to VSBG (German Act on Alternative Dispute Resolution in Consumer Matters)) and unfortunately do not offer our customers participation in such a procedure.

We are obliged to inform you that with regard to the so-called online dispute resolution, a corresponding online platform is provided by the European Commission. You can access this platform at the following link: http://ec.europa.eu/consumers/odr/ Consumers can use the platform to resolve their disputes. Our email for consumer complaints in the context of EU online dispute resolution is: [email protected].