General Terms and Conditions (GTC)
§1 Scope
1. Unless otherwise agreed, the following terms and conditions form an integral part of every contract between dewepharma KG, St. Barbarastrasse 242, 5424 Bad Vigaun, Austria, - hereinafter referred to as dewepharma KG - and the customer.
2. dewepharma KG provides its services exclusively on the basis of these terms and conditions.
§2 Conclusion of Contract
1. The presentation of the goods, particularly on the Internet, does not constitute a binding offer by dewepharma KG.
2. The customer can freely select from the selection and place items in the shopping cart by clicking on the "Add to Cart" button. The customer can empty the shopping cart at any time by setting the number of selected products to "0." Changes can be made using the mouse and keyboard. By clicking the "Checkout" button, the customer is redirected to a page where they can register as a customer if they do not yet have a customer account, or log in as an existing customer. To do so, an email address and password, as well as contact details, are entered. After registration and confirmation of the delivery address, the ordering process is completed by clicking the "Order with payment" button. By submitting the order, the customer makes a binding offer to purchase the goods in the shopping cart and accepts these Terms and Conditions. The receipt of the order will be notified to the customer immediately after the order process is completed.
We save your order and the order data you entered.
3. The customer will be notified of the receipt of the order via email. This does not constitute a binding acceptance of the order. The contract is only concluded upon sending a separate delivery confirmation via email or upon dispatch of the goods.
4. The language used for the conclusion and processing of this contract is German or English.
§3 Data Protection Policy
1. Personal data is only collected if the customer voluntarily provides it during the ordering or registration process. By completing and submitting a web form for ordering purposes, the customer transmits personal data to dewepharma KG.
2. dewepharma KG uses the data provided by the customer (title, name, address, email address, telephone number, fax number, bank details) in accordance with the provisions of applicable data protection law. In this respect, dewepharma KG only collects, stores, and processes data provided by the customer as part of their information in the form and, in particular, does not create user behavior profiles.
3. For the purpose of fulfilling the contract, namely delivery, the customer's personal data will be forwarded to the freight forwarder to the extent necessary for the delivery of the goods. The freight forwarder is also obligated to use the customer's personal data exclusively in accordance with the provisions of applicable data protection law.
4. Under applicable data protection law, the customer has the right to free information about their stored data, as well as, if necessary, the right to correct, block, or delete this data. Requests for information can be sent to the email address office@dewepharma.at. If the personal data stored about the customer is incorrect, it will be corrected immediately upon notification by the customer.
5. Beyond the aforementioned privacy policy, all personal data of the customer transmitted to dewepharma KG will not be made accessible to third parties without the customer's express written consent, unless this is required by law or an official order.
6. The privacy policy is available and accessible at any time on the dewepharma KG website.
§4 Delivery Conditions and Delivery Costs
1. Unless otherwise agreed in writing, delivery is ex warehouse. If the customer is a consumer, the shipping risk is borne exclusively by dewepharma KG. If the customer is a business, however, the risk is transferred to the customer as soon as dewepharma KG has delivered the item to the freight forwarder or other person designated to carry out the shipment.
2. Delivery takes place within 3-5 working days, with Monday to Friday being considered working days, excluding public holidays. Unless otherwise agreed, the delivery period begins upon receipt of payment into dewepharma KG's bank account.
3. The delivery or shipping costs, as well as the countries to which dewepharma KG delivers, can be found in the "Shipping and Payment Conditions."
§5 Terms of Payment
1. We offer advance payment as a payment method. You will receive dewepharma KG's bank details in the order confirmation.
2. For consumers, all prices include statutory VAT. For businesses, the prices displayed are net prices, excluding statutory VAT.
3. All shipping costs, including packaging, transport costs, transport insurance, and deliveries, are at the customer's expense unless otherwise agreed separately (see § 4 (3)).
§6 Retention of Title
The goods remain the property of dewepharma KG until full payment has been made.
§7 Warranty
1. With regard to the warranty, the statutory provisions apply unless otherwise agreed in § 7 paragraphs 2 and 3.
2. The warranty period is 24 months and begins upon delivery of the purchased item, provided the customer is a consumer.
3. If the customer is an entrepreneur, the period shall be 12 months from delivery of the item. The limitation period for claims for damages in the event of injury to life, limb, or health resulting from an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of dewepharma KG remains unaffected. Furthermore, the limitation period for claims for damages resulting from other damages resulting from an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of dewepharma KG remains unaffected. If dewepharma KG negligently breaches a material contractual obligation, the limitation period for claims for damages also remains unaffected. Essential contractual obligations are obligations which the contract imposes on dewepharma KG according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely (e.g. delivery of the goods and transfer of ownership of the goods).
4. The customer, who is an entrepreneur, must inspect the goods immediately after delivery by dewepharma KG, insofar as this is feasible in the ordinary course of business, and, if a defect is discovered, notify dewepharma KG immediately. If the customer fails to do so, the goods shall be deemed approved, unless the defect was not apparent upon inspection. If such a defect becomes apparent later, the notification must be made immediately after discovery. Otherwise, the goods shall be deemed approved, including with regard to this defect. Timely dispatch of the notification is sufficient to protect the customer's rights. If dewepharma KG has fraudulently concealed the defect, it cannot invoke these provisions.
§8 Cancellation Policy
8.1 Right of Cancellation
As a consumer, you have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you, or a third party other than the carrier designated by you, takes possession of the goods.
To exercise your right of cancellation, you must notify us,
dewepharma KG
St. Barbarastrasse 242
5424 Bad Vigaun
Austria
Phone: +43 (0)664 8862 4010
Email: office@dewepharma.at
of your decision to cancel this contract by means of an unambiguous declaration (e.g., a letter sent by post or email). You may use the attached model cancellation form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of the exercise of the right of cancellation before the expiry of the cancellation period.
8.2 Consequences of Cancellation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, 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 refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract.
dewepharma KG
St. Barbarastrasse 242
5425 Bad Vigaun
Austria
The deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. For goods that cannot be returned by post due to their nature, this cost is €20. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.
8.3 The right of withdrawal does not apply to the following contracts:
1. Contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
2. Contracts for the delivery of goods that are liable to spoil quickly or whose expiration date would be quickly exceeded.
3. Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection and/or hygiene if their seal has been removed after delivery.
8.4 Cancellation form
You can download and print the cancellation form here.
§9 Limitation of Liability
1. With the exception of injury to life, limb, or health, dewepharma KG is only liable for damages resulting from intentional or grossly negligent conduct. This also applies to indirect consequential damages, such as, in particular, lost profits.
2. Except in cases of intentional or grossly negligent conduct or damages resulting from injury to life, limb, or health, liability is limited to the damages typically foreseeable at the time of conclusion of the contract and, in all other cases, to the average damages typical for the contract. This also applies to indirect consequential damages, such as, in particular, lost profits.
3. The limitations of liability in paragraphs 1 and 2 also apply mutatis mutandis to the employees and vicarious agents of dewepharma KG.
4. Claims for liability based on the Product Liability Act remain unaffected.
§10 Information on Online Dispute Resolution
The European Commission established an online dispute resolution platform on February 15, 2016. This platform is intended to enable consumers and merchants to resolve disputes relating to online sales contracts or online service contracts simply, efficiently, quickly, and out of court. The platform can be accessed via https://ec.europa.eu/consumers/odr.
§11 Final Provisions
1. The law of the Federal Republic of Austria shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Consumers with habitual residence abroad may also invoke the law of the state in which they are domiciled, regardless of the specific choice of law.
2. The place of performance is the registered office of dewepharma KG, provided the customer is a business.
3. The court exercising commercial jurisdiction in Salzburg shall have jurisdiction for any disputes arising from this contract, provided the customer is a business.
As of: September 12, 2024
