General terms and conditions of business
1. Welcome to HG Pharma GmbH - General information
We operate under https://shop.hg-pharma.shop/de/shop an online shop to offer and sell our goods and/or services. We are responsible for the operation and administration of the online shop.
You can also find more information on the website at www.hgpharma.at .
For all orders that you make via this online shop and complete with us, these general terms and conditions (hereinafter "GTC") apply exclusively in the version valid at the time of the order. Deviating general terms and conditions are not recognized by us unless otherwise expressly agreed in writing.
You can read our terms and conditions on the website or on the sub-pages at the end of the page under “Terms and Conditions” and under the following link https://shop.hg-pharma.shop/de/terms-conditions see.
2. Registration and ordering process when using our online shop
2.1 Registration / creation of a customer account
You are free to register as a customer on our website. To do this, create a customer account that you can then use for all orders. In order to be able to create a customer account, we need the following data from you: e-mail address, first and last name, address. You can check and update your data in your customer account at any time.
2.2 Ordering without registration
You can also place your orders as a "guest" without registering. Your data will then be deleted again after the order has been processed, provided that there are no legal storage requirements to prevent deletion.
2.3 Obligations when using our online shop
Every time you register and every time you use our online shop as a guest, you are obliged to provide truthful and complete information. As a registered user, you are responsible for keeping your personal access identifier confidential and not making it accessible to unauthorized third parties and, to the extent permitted by law, you agree to be responsible for all activities that are carried out using your customer account or password. You should take all necessary steps to ensure that your password is kept private and secure and you should inform us immediately if you have any reason to believe that any third party has learned of your password or that your password is being used without authorization or such use is likely.
You are solely responsible for all entries that you make on the basis of registration or without registration when using our online shop. You must refrain from any disruption to the online shop and the website. Manipulations with the aim of obtaining unauthorized payments or other advantages to our detriment or to the detriment of other users can, in addition to legal consequences, also lead to the blocking or deletion of your customer account.
You are obliged to refrain from any improper use of the online shop, the website and your customer account, in particular any use that impairs the operation of the online shop, endangers public order and security or morality, which violates the rights of third parties or which violates applicable laws or violates good morals. You are obliged to design all entries that you make in the context of your customer account in an authorized manner in such a way that misuse of the online shop, the website and your customer account, in particular by endangering public order and security or morality, the violation of Third-party rights or violations of applicable laws or morality are excluded from the outset.
You are obligated to do or refrain from doing anything to avoid any harm or damage to the good name and reputation of our company or other users.
2.4 Operation of the online shop by us
We reserve the right to change, improve, supplement, temporarily or permanently shut down or delete the content and functions of the online shop at any time without prior notice or to temporarily or permanently discontinue the availability of the online shop.
2.5 Blocking / Deletion of the Customer Account
We also reserve the right, if there is a suspicion that you endanger the operation and administration of the online shop, public order and security or morality, violate the rights of third parties or violate applicable laws or morality, your input to temporarily or permanently block or delete entries and/or your customer account or to edit or delete their content. We will inform you promptly about such a suspicion and give you the opportunity to comment on it and request you to eliminate the suspicion within a short period of time. In the event of imminent danger or an obvious violation of rights, we can also refrain from providing prior information and/or a warning. In such a case, we will provide the information promptly.
You can delete your customer account at any time as part of your account settings. Your data will be deleted as a result, unless they are still required to fulfill the orders you have placed or legal retention periods prevent deletion.
3. Conditions of purchase and delivery
Orders via our online shop are only accepted from legally competent customers.
When you place your order by clicking the "Buy now" button, you are submitting an offer to conclude a contract with us for the goods contained in the shopping cart. Upon receipt of your order, we will send you an order confirmation for the goods you have ordered to the e-mail address you have provided. The order you have placed is only deemed to have been accepted by us when you have received the order confirmation.
If you have not received an order confirmation within 24 hours of placing your order, please contact our free customer service at firstname.lastname@example.org or +49 (0)89 20 80 39 433. However, note the costs of the actual communication service line according to the landline or mobile phone tariffs of your communication service provider.
A contract for the delivery of the goods only comes about through an express acceptance of the contract by means of a separate confirmation by us or with the delivery of the goods.
The invoice will be sent to you electronically (e-mail) and by post together with the shipped goods.
The contract data for the processing and fulfillment of the order are stored for invoicing and can be viewed by you at any time via your customer account.
The contract language is German.
Unless expressly agreed otherwise, delivery will be made from the warehouse to the shipping address you specified.
We ship within 2-3 business days of receiving your order. Exceptions can be found on the respective product page. In the event of delays in delivery, we will inform you immediately. If the ordered goods are not available, we reserve the right not to deliver. We will also inform you about this immediately and immediately refund any payments already received.
Delivery is with DHL.
When the goods are shipped, the risk of loss of or damage to the goods only passes to you when the goods are delivered to you or to a third party designated by you who is different from the carrier.
3.1 Delivery Period
We are only obliged to perform the service as soon as the customer has fulfilled all of his obligations that are necessary for the performance and, in particular, has fulfilled all technical and contractual details, preliminary work and preparatory measures. We are entitled to exceed the agreed dates and delivery periods by up to one week. Only after this period has expired can the customer withdraw from the contract after setting a reasonable grace period.
4. Prices and shipping costs
All prices stated in the online shop are final prices in EURO including the applicable VAT.
We reserve the right to charge you for shipping costs. Shipping costs may depend on the goods ordered and the method of payment. You will be informed of the shipping costs in detail before you place a binding order.
5. Terms of payment and methods of payment / retention of title
The purchase price is due at the latest upon delivery of the goods net without deduction. This also applies to partial deliveries, where the purchase price for the partial quantities delivered has to be paid. Discount deductions require a separate agreement.
The following payment methods are available to you:
* Sofortüberweisung: Your account will be debited immediately after you have placed your order.
* Credit card (VISA/Master Card): The debit takes place after the goods have been shipped.
The delivered goods remain our property until all invoice items have been paid in full.
5.1 Default Interest
In the event of a delay in payment, even with partial payments, any discount agreements will also become ineffective. Payments by the customer are only deemed to have been made when they are received in our business account. If the customer is in arrears with payment, we are entitled, at our discretion, to demand compensation for the damage actually incurred or interest on arrears at the statutory rate. In the event that the customer defaults on payment, our company is entitled to demand compound interest from the day the goods are handed over.
5.2 Retention of title and its enforcement
All goods are delivered by us under retention of title and remain our property until full payment. The assertion of the retention of title only constitutes a withdrawal from the contract if this is expressly declared. When goods are taken back, we are entitled to charge for any transport and handling charges incurred. In the event of access by third parties to the goods subject to retention of title - in particular through attachments - the customer undertakes to point out our ownership and to inform us immediately. If the customer is a consumer or not an entrepreneur whose regular business operations include trading in the goods purchased from us, he may not dispose of the reserved goods until the open purchase price promotion has been paid in full, and in particular may not sell, pledge, give away or lend them. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
5 .3 Assignment of Claims
In the case of delivery subject to retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, until our claims have been finally paid. Upon request, the customer must name his customers and inform them of the assignment in good time. The assignment is to be entered in the business books, in particular in the open item list, and made visible to the customer on delivery notes, invoices, etc. If the customer is in arrears with his payments to us, the sales proceeds entered with him are to be separated and the customer only holds them on our behalf. Any claims against an insurer are already assigned to us within the limits of Section 15 of the Insurance Contract Act. Claims against us may not be assigned without our express consent.
6. Right of cancellation and consequences of cancellation in accordance with the Distance and External Business Act (FAGG)
You have the right to withdraw from this contract within 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods, without giving any reason.
You can exercise your right of withdrawal by sending us an email to email@example.com using the following model withdrawal form send:
Sample cancellation form:
To HG Pharma GmbH Germany, Leopoldstrasse 244, 80807 Munich, Germany
I hereby revoke the contract I have concluded for the purchase of the following product(s) / the provision of the following service(s)
Ordered on / Received at
First and Last Name:
You can use the above model cancellation form, but this is not mandatory. The order can also be placed by returning the goods to HG Pharma GmbH Germany, Leopoldstrasse 244, 80807 Munich, Germany
You must return the goods immediately and in any case within 14 days at the latest. The deadline is met if you send back the goods before the period of 14 days has expired. We may refuse to refund the purchase price until we have received the returned item(s) or until you have provided proof that you have returned the item(s), whichever is earlier.
Instead of returning the goods to the address given above, you also have the option of returning the goods to our shop at the same address within the cancellation period. When returning or returning the goods, we ask that you use the original packaging if possible and enclose the return slip.
If you need support in exercising your right of withdrawal, you can contact the following e-mail address at any time: firstname.lastname@example.org .
If you exercise your right of withdrawal, we will immediately and at the latest within 14 days return all payments received, including the shipping costs (with the exception of the additional costs resulting from the fact that you have chosen a different shipping method than the cheapest standard delivery offered by us). the day on which we received notification of the cancellation of this contract.
You must bear the costs for returning the goods yourself.
7. Withdrawal from Contract
In the event of default of acceptance or other important reasons, such as in particular bankruptcy of the customer or rejection of bankruptcy for lack of assets, as well as default in payment by the customer, we are entitled to withdraw from the contract if it has not yet been completely fulfilled by both parties. In the event of withdrawal and if the customer is at fault, we have the choice of requesting a flat-rate compensation of 15% of the gross invoice amount or compensation for the damage actually incurred. If the customer defaults in payment, we are released from all further service and delivery obligations and are entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period. If the customer withdraws from the contract without being entitled to do so or if he requests its cancellation, we have the choice of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract; in the latter case, the customer is obliged to pay a lump-sum compensation of 15% of the gross invoice amount or the damage actually incurred, at our discretion.
In the case of distance selling contracts (§§ 5a Consumer Protection Act), the consumer can withdraw from the contract within seven working days, with Saturdays not counting as working days. The period begins on the day the goods are received by the consumer or, in the case of services, on the day the contract is concluded. It is sufficient to send the declaration of withdrawal within this period. If the consumer withdraws from the contract in accordance with these provisions, he must bear the costs of returning the goods; if a loan was taken out for the contract, he must also bear the costs of the necessary certification of signatures and the charges (fees) for granting the loan. Withdrawal is not possible for services with which executions are to begin as agreed within seven working days of the conclusion of the contract.
8. Reminder and Collection Fees
In the event of default, the contractual partner (customer) undertakes to reimburse the creditors for the dunning and collection fees incurred, insofar as they are necessary for appropriate legal prosecution, whereby he undertakes in particular to reimburse a maximum of the remuneration of the collection agency involved, which result from the ordinance of the BMWA on the maximum rates of the remuneration due to the collection agency. If the creditor operates the dunning process himself, the debtor undertakes to pay an amount of EUR 10.90 per reminder and an amount of EUR 3.63 per half year for keeping the debt on record in the dunning process.
9. Warranty and Liability
The statutory warranty provisions according to the General Civil Code (ABGB) apply. The warranty period for the delivery of movable items is two years and begins when the goods are handed over.
The warranty claim expires for defects resulting from improper handling and use of the purchased item.
If delivered goods have obvious material or manufacturing defects, including transport damage, we ask you to complain about such defects or damage immediately. Complaints based on statutory warranty claims or other complaints can be made to the following address: email@example.com
9.2.1 Liability when using the online shop
We will ensure the proper operation and management of the online store. However, we assume no liability for the online shop being available uninterruptedly or functioning error-free at all times.
We are entitled to carry out work on the online shop that involves a shutdown or interruption at any time, even without prior notice. We are not liable for any damage caused by the unavailability of the online shop. Furthermore, we are not liable if information is incorrect or not or not completely transmitted, unless the reason is clearly within our sphere of influence.
We have taken state-of-the-art technical and organizational measures to protect our website and online shop. However, we are not liable for unauthorized or improper collection or disclosure of data, especially personal data (e.g. contact details) by third parties, such as hackers, which may occur despite the implementation of these technical and organizational measures. When using our online shop, you are responsible for taking appropriate measures yourself to protect the data you have entered against unauthorized access by third parties. We assume no liability if the data you have entered becomes known to third parties due to misuse of our online shop or technical defects.
We are not liable for damages, including consequential damages, such as in particular data loss or destruction, which you experience as a result of technical problems, in particular connection or transmission errors on the website, your browser or your communication service provider (“access provider”), in connection with the use of our Online shops emerge.
Furthermore, we assume no liability for damage that you incur as a result of the deletion or blocking of your customer account in accordance with point 2.5.
9.2.2 Liability for Content
We are responsible for the content of our website in accordance with the following provisions:
According to Section 16 of the E-Commerce Act (ECG), we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to the general legal provisions remain unaffected. In any case, liability in this regard only comes into consideration once knowledge of a specific violation of the law has arisen. If we become aware of illegal content, we will remove it immediately.
9.2.3 Liability for Links
If our website contains links to external third-party websites over whose content we have no influence, we are not responsible for this third-party content in accordance with Section 17 of the E-Commerce Act (ECG). The responsibility for the content of linked pages lies exclusively with the respective provider or operator of these pages. We checked linked sites for possible legal violations at the time of linking. Illegal content was not recognizable to us. A permanent content control of the content of linked pages is not possible and also not reasonable without concrete indications of legal violations. Should we become aware of such legal violations, we will remove our links to such sites immediately.
9.2.4 Statutory Liability and Limitation of Liability
Within the framework of these terms and conditions and the statutory provisions, we are only liable for direct damage that you have suffered as a result of non-fulfillment of our obligations in relation to our services. Our obligation to pay compensation is limited to the amount of the purchase price for each damage-causing event, with the exception of personal injury to consumers within the meaning of the KSchG. Liability for lost profits, indirect and consequential damages is excluded to the extent permitted by law.
Otherwise, the statutory liability provisions of the General Civil Code (ABGB) apply.
10. Identification rights (brands, copyrights, etc.)
The name HG Pharma is registered and protected as a Union trademark. All trademark rights belong to the trademark owners, HG Pharma GmbH is entitled to the exclusive use of the trademark(s). You are not granted any rights to use the trademarks, whether for commercial or non-commercial use, by using the website, by these GTC or in any other way.
All other rights, in particular rights of use to data and information provided and/or sent, to texts, photos, graphics, logos, button icons, social plug-ins, audio clips, videos, digital downloads and data collections from HG Pharma or such, that are entered when using the website are with HG Pharma and remain so for the exclusive and irrevocable use and exploitation for all known and unknown types of use. The rights of use also include the right of HG Pharma to process the data and information sent, as well as the right to exploit the processing in accordance with these GTC. All name, trademark or intellectual property rights arising from the use of the website are owned by HG Pharma and are also subject to these General Terms and Conditions.
11. Changes to the Terms and Conditions
We reserve the right to change or supplement these GTC at any time. Intended changes or additions will be published on the website. If you do not agree to the changes or additions, you can stop using our website and delete your customer account at any time.
12. Online Dispute Resolution
Since January 9th, 2016, the EU regulation on online dispute resolution in consumer affairs (No. 524/2013 ). Disputes between consumers and dealers in connection with online sales contracts or online service contracts can be settled via the following online platform.
The EU Commission offers the possibility of online dispute resolution on a platform operated by it (so-called "OS platform"). The OS platform can serve as a point of contact for the out-of-court settlement of disputes arising from online sales contracts or service contracts. This platform can be reached via the external link ec.europa.eu/consumers/odr.
13. Final Provisions
These General Terms and Conditions are subject to Austrian law to the exclusion of the UN Sales Convention.
The place of jurisdiction for legal disputes arising from or about these conditions is the competent court in Munich. The legal places of jurisdiction for consumers within the meaning of the Consumer Protection Act (KSchG) remain unaffected in the event of a consumer transaction.
Should individual provisions be or become invalid or unenforceable, the remaining provisions shall remain unaffected. These terms will automatically be superseded by valid and enforceable terms that achieve the intended purpose as best as possible.
14. Contact and Support
For questions or suggestions about our goods and/or services you can contact us via our website www.hgpharma.at or send an email to firstname.lastname@example.org . We strive to process inquiries according to expediency and to incorporate them into the further development and improvement of our website.