Terms of service

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Contract Duration and Termination in Subscription Contracts
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Applicable Law
11. Place of Jurisdiction
12. Code of Conduct
13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Dr. Niedermaier Pharma GmbH (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

1.4 The subject of the contract may – depending on the product description of the Seller – be either a one-time delivery of goods or a continuous delivery of goods (hereinafter referred to as “subscription contract”). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the agreed intervals.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by email, fax, post, or telephone.

2.3 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 email), in which case the receipt of the order confirmation by the Customer is decisive, or
delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a PayPal payment method during the online ordering process, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been submitted. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The contract language is German.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description of the Seller, the prices indicated are total prices that include statutory value-added tax (VAT). Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The available payment methods are communicated to the Customer in the Seller’s online shop.

4.3 If a payment method offered via the payment service “PayPal” is selected, payment processing is carried out via PayPal, which may use the services of third-party payment providers. If the Seller offers payment methods via PayPal that involve advance performance by the Seller (e.g., purchase on account or installment payments), the Seller assigns its payment claim to PayPal or to the payment service provider designated by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the designated payment service provider will conduct a credit check using the Customer’s submitted data. The Seller reserves the right to refuse the selected payment method in the event of a negative result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. In this case, payment can only be made with debt-discharging effect to PayPal or the designated payment service provider. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.

4.4 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The specific payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services for processing, which may be subject to special payment conditions that will be separately communicated to the Customer if applicable. Further information about “Shopify Payments” is available online at: https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal. For return shipping costs in the event of an effective withdrawal, the provisions in the Seller’s cancellation policy apply.

5.3 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk generally passes only upon delivery of the goods to the Customer or a person authorized to receive them. However, if the Customer has commissioned the carrier, freight forwarder, or other person or institution to carry out the shipment and the Seller has not previously named this person or institution to the Customer, the risk passes to the Customer upon handover to the carrier.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration already paid will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Contract Duration and Termination in Subscription Contracts

6.1 Subscription contracts are concluded for an indefinite period, but at least for the minimum term specified in the respective product description in the Seller’s online shop. The subscription contract may be terminated at any time during the minimum term with effect at the end of the minimum term, and thereafter at any time with 14 days’ notice.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or the expiry of a notice period.

6.3 Terminations must be made in writing or in text form (e.g., by email).

7) Retention of Title

If the Seller provides goods in advance, ownership of the delivered goods remains with the Seller until full payment of the purchase price has been made.

8) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the Customer is an entrepreneur:

the Seller has the choice of the type of subsequent performance;
the limitation period for defect claims for new goods is one year from delivery of the goods;
defect claims for used goods are excluded;
the limitation period does not start anew if a replacement delivery is made under the warranty.

8.2 The above limitations of liability and shortening of time limits do not apply:

to claims for damages and reimbursement of expenses by the Customer,
in the event that the Seller has fraudulently concealed the defect,
to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If the Customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations specified therein, the goods shall be deemed approved.

8.5 If the Customer is a consumer, they are requested to report any obvious transport damage to the delivery agent and inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual warranty claims.

9) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

9.1 The Seller is liable without limitation for any legal reason:

in cases of intent or gross negligence,
in the event of intentional or negligent injury to life, body, or health,
based on a guarantee promise, unless otherwise regulated,
based on mandatory liability, such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, contract-typical damage, unless unlimited liability applies under the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the Customer may regularly rely.

9.3 Otherwise, the Seller’s liability is excluded.

9.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

10) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11) Place of Jurisdiction

If the Customer is 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 is the Seller’s place of business. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is also entitled in any case to bring an action at the Customer’s place of business.

12) Code of Conduct

The Seller has committed to the guidelines for “Google Customer Reviews,” which can be viewed online at:
https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086

The Seller has committed to the Trusted Shops quality criteria, which can be viewed online at:
https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.