Terms

General Terms and Conditions with Customer Information

Table

  1. Scope
  2. Contract
  3. Withdrawal
  4. Prices and terms of payment
  5. Terms of delivery and shipping
  6. Ownership
  7. Liability for defects (guarantee)
  8. Liability
  9. Redemption of gift vouchers
  10. Applicable law
  11. Jurisdiction
  12. Information on online dispute resolution
  1. Scope
    1. These General Terms and Conditions (hereinafter "Terms and Conditions") of SanaExpert GmbH (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with respect to the goods and/or services presented by the Seller in his online shop. This shall not allow the customer's own terms and conditions to be included, unless otherwise agreed.
    2. These General Terms and Conditions apply accordingly for the purchase of vouchers, unless otherwise expressly stipulated in this respect.
    3. For the purposes of these GtC, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal effect which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
  2. Contract
    1. The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to make a binding offer by the customer.
    2. The customer can submit the offer via the online order form integrated into the seller's online shop. After having placed the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contract offer with respect to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. In addition, the customer can also submit the offer to the seller by telephone, fax or e-mail.
    3. The Seller may accept the Customer's offer within five days,
      • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), wherein that the receipt of the order confirmation by the customer is decisive, or
      • by supplying the ordered goods to the customer, in so far as the receipt of the goods by the customer is decisive, or
      • by asking the customer to pay after placing his order.
      If several of the above alternatives are available, the contract shall be concluded at the time when one of the above alternatives first occurs. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
    4. If the customer selects "PayPal Express" as the payment method as part of the online ordering process, he also issues a payment order to his payment service provider by clicking the button that completes the ordering process. In this case, the Seller, by way of derogation from the above paragraph, already declares the acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that completes the ordering process.
    5. The period for acceptance of the offer begins on the day after the customer has sent the offer.
and ends at the end of the fifth day following the dispatch of the offer.
  • When submitting an offer via the seller's online order form, the contract text is stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order together with these GTC. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account, stating the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
  • Before submitting the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there by means of the usual keyboard and mouse functions.
  • Only the German language is available for the conclusion of the contract.
  • Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by the seller responsible for the order processing can be delivered.
  • Withdrawal
    1. Consumers are generally entitled to a right of withdrawal.
    2. Further information on the right of withdrawal can be found in the seller's revocation policy.
    3. The right of withdrawal does not apply to consumers who do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
  • Prices and terms of payment
    1. Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs will be specified separately in the respective product description. Today, you can pay for weight loss medications in various ways, including   Xenical generics.
    2. Deliveries to countries outside the European Union may incur additional costs in individual cases, which are not the responsibility of the seller and which are to be borne by the customer. This includes, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
    3. Various payment options are available to the customer, which are indicated in the seller's online shop.
    4. If advance payment is agreed, payment is due immediately after conclusion of the contract.
    5. In the case of payment by means of a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ('PayPal'), subject to the PayPal Terms of Use, available under https://www.paypal.com/de
    • /webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
  • If the payment method "Amazon Payments" is selected, payment processing is made via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg, subject to the Amazon Payments Europe User Agreement, available under https://payments.amazon.de/help/Privatkunden/Nutzungsvereinbarung-Richtlinien/Nutzungsvereinbarung.
  • If you select the payment method of purchase invoice via Billpay, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin (www.billpay.de) within 20 (twenty) days from receipt of the invoice. The payment method invoice purchase requires a successful credit check by Billpay GmbH. If the customer is allowed to purchase the invoice after checking the creditworthiness, the payment is processed in cooperation with Billpay GmbH, to which the seller assigns his payment claim. In this case, the customer can only provide Billpay GmbH with debt-relieving effect. The seller remains responsible for general customer enquiries, e.g. for goods, delivery time, shipments, returns, complaints, cancellation declarations and shipments or credit memos, even if the payment method of purchase invoice via Billpay is selected. In this respect, the General Terms and Conditions of Billpay (see: https://www.billpay.de/datenschutz-de/?q=/allgemein/datenschutz/) apply in this respect, which the customer can and must confirm during the ordering process. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop of a corresponding payment restriction.
  • If the payment method of purchase invoice via Klarna is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Klarna AB, Sveavägen 46,11134 Stockholm, Sweden (www.klarna.de) within 14 (fourteen) days from the invoice date without deduction, unless otherwise agreed. The payment method invoice purchase requires a successful credit check by Klarna AB. If the customer is allowed to purchase the invoice after checking the creditworthiness, the payment is processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only pay to Klarna AB with debt-relieving effect. In this respect, the General Terms and Conditions of Klarna AB apply, which the customer can retrieve during the ordering process. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop of a corresponding payment restriction.
  • If the payment method sEPA direct debit is selected, the invoice amount is due for payment after the issue of a SEPA direct debit mandate, but not before the expiry of the deadline for prior information. The direct debit shall be debited when the ordered goods leave the seller's warehouse, but not before the expiry of the period for prior information. Pre-notification is any notice (e.g. invoice, policy, contract) of the seller to the customer announcing a charge by means of SEPA direct debit. If the direct debit is used in the absence of sufficient account
    • or because of the indication of an incorrect bank account, the customer does not redeem or 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. The seller reserves the right to carry out a credit check when selecting the payment method SEPA direct debit and to reject this payment method in case of negative credit check.
  • Terms of delivery and shipping
    1. The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When placing an order via the seller's online order form, the delivery address indicated in the online order form shall prevail. By way of derogation from this, the delivery address deposited by the customer at the time of payment with PayPal shall prevail when selecting the payment method PayPal.
    2. If the transport company sends the shipped goods back to the seller, since delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him in advance.
    3. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods is in principle only transferred upon delivery of the goods to the customer or a person entitled to receive it. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer as soon as the Seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has not previously instructed the freight forwarder, the carrier or the person or institution designated to carry out the shipment and the seller has not previously designated the customer.
    4. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not the responsible for the seller and the seller has concluded a concrete cover transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
    5. Self-collection is not possible for logistical reasons.
    6. Vouchers are given to the customer as follows:
      • by e-mail
  • Ownership
    1. The seller reserves the title to consumers until full payment of the purchase price owed.
    2. The Seller reserves the right of ownership of the delivered goods to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.
    3. If the customer acts as an entrepreneur, he is entitled to resell the goods subject to retention of title in the proper course of business. All resulting receivables
    • against third parties, the customer assigns in advance to the seller in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. This does not affect the seller's authority to collect the claims itself. However, the Seller will not recover the claims as long as the Customer fulfils his payment obligations towards the Seller, does not default on payment and no application has been made for the opening of insolvency proceedings.
  • Liability for defects (guarantee)

    If the purchased item is defective, the provisions of the statutory liability for defects apply. This differs from:

    1. For entrepreneurs
      • in principle, an insignificant defect does not give rise to any claims for defects;
      • the seller has the choice of the type of subsequent performance;
      • in the case of new goods, the limitation period for defects is one year from the transfer of risk;
      • in the case of used goods, the rights and claims due to defects are generally excluded;
      • the limitation period does not start again if a replacement delivery takes place within the scope of the liability for defects.
    2. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following paragraph.
    3. The limitations of liability and reductions in the limitation period laid down above do not apply
      • for goods which have not been used in accordance with their usual use for a structure and which have caused its defectiveness,
      • for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty on the part of the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller,
      • for other damages resulting from an intentional or grossly negligent breach of duty on the part of the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, and
      • in the event that the seller has fraudulently concealed the defect.
    4. In addition, the statutory limitation periods for the right of recourse pursuant to Section 478 of the German Civil Code (BGB) remain unaffected for entrepreneurs.
    5. If the customer acts as a merchant in accordance with Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to investigate and complain in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.
    6. If the customer acts as a consumer, he is asked to complain to the delivery company about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
  • Liability

    The Seller shall be liable to the Customer for all contractual, contractual and statutory claims for compensation for damages and expenses as follows:

    1. The Seller is fully liable for any legal reason
      • in the event of intent or gross negligence,
      • in the event of intentional or negligent injury to life, body or health,
      • on the basis of a guarantee promise, unless otherwise stipulated in this respect,
      • due to mandatory liability, such as under the Product Liability Act.
    2. If the seller negligently violates an essential contractual obligation, the liability shall be limited to the foreseeable damage typical of the contract.
    • unless unlimited liability is held in accordance with the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely.
  • In addition, liability of the seller is excluded.
  • The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
  • Redemption of gift vouchers
    1. Vouchers that can be purchased through the seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
    2. Gift vouchers and remaining credits of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining credits will be credited to the customer by the expiry date.
    3. Gift vouchers can only be redeemed before the order process is completed. Subsequent clearing is not possible.
    4. Only one gift voucher can be redeemed per order.
    5. Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.
    6. If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
    7. The balance of a gift voucher is neither paid out in cash nor interest-
    8. The gift voucher is transferable. The seller can provide with liberating effect to the respective owner, who redeems the gift voucher in the seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the invalidity, incapacity for business or the lack of right of representation of the respective owner.
  • Applicable law
    1. The law of the Federal Republic of Germany shall apply to all legal relations of the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.
    2. Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
  • Jurisdiction

    If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the Seller is entitled in any case to appeal to the court at the customer's registered office.

  • Information on online dispute resolution

    The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr

    This platform serves as a point of contact for the out-of-court settlement of

    • disputes arising from online purchase or service contracts in which a consumer is involved.