GTC

General terms and conditions

(hereinafter called “GTC”)

homoempatia shipping- departement of
Die Kosmos Apotheke Reform owner Şükrü Aydoğan t/a.

Reinhard-Mannesmann-Weg 3
39116 Magdeburg
Phone: +49 391 727 667 302
Monday – Friday: 9:00 - 18:00
Fax: +49 391 727 667 29
Email: service@homoempatia.eu

The information on this website is not binding. It is for general information only and does not replace a medical examination. 
No guarantee can be given that all details in this information are complete, correct or up-to-date at all times. In particular, this applies to product information provided by manufacturers. 
 

§1 Scope of Application

For all orders through our online shop by consumers and entrepreneurs, the following terms and conditions in German apply. 

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to their commercial nor self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction. 
These General Terms and Conditions (Ts&Cs) shall also apply to future business relations with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them. 

 

§2 Contractual partner, Conclusion of contract, options for corrections, Contract language and saving of the contract text

The contract is concluded with Kosmos Apotheke Reform Inhaber Şükrü Aydoğan e.Kfm..

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

The language(s) available for concluding the contract: German, English, French, Spanish, Italian

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. For security reasons, the text of the contract cannot be accessed via the internet.

 
When ordering prescription drugs, we need a valid original. The order will only be accepted after successful examination of the prescription. Narcotics and articles requiring refrigeration can neither be ordered nor delivered. 

A prescription must contain the following information:
- Name, job title and address of the prescriber (doctor/veterinarian) including a telephone number for establishment of contact
- Date of issue
- Name and date of birth of the person for whom the medicine is intended
- Handwritten or digital signature of the prescriber 
 

The supplying pharmacy reserves the right to send orders for prescription and non-prescription products in one package and to only execute the order once all prerequisites for delivery have been met. 
 

Prescription drugs are only shipped within Germany!

On the basis of applicable law or corresponding agreement with the service provider of the customer, the supplying pharmacy may be entitled or obliged to supply replacement products or re-imports of generic drugs for certain medicines. Such deliveries are in accordance with the delivery contract and are not to be regarded as incorrect or defective deliveries.

We reserve the right to refuse to dispatch a medicinal product if its safe use requires special information or advice, which can only be provided by a pharmacist in a personal consultation. The dispatch can still be refused if there are grounds to suspect misuse of the drug. Due to the import regulations of individual countries, it may not be possible to dispatch individual drugs. It is forbidden to conduct commercial trade with the medicinal products ordered from us.


We reserve the right to limit the order to a pharmaceutically acceptable or customary amount.


§3 Delivery conditions/ Payment

In addition to the stated product prices, shipping costs are added. An overview thereof can be found in the offers and here: https://www.homoempatia.eu/content/shipping-costs.70005.html  

All possible fees and duties for shipping outside the EU/EUCU are at the expense of the customer. If, due to national regulations in the receiving countries, products cannot be delivered and are returned to us, their price will be reimbursed; this does not apply to the shipping costs and other fees possibly demanded by third parties.

We do not ship to: Campione d'Italia, Livigno, Northern Cyprus, North Korea and the Vatican City.

We only deliver in dispatch route. Unfortunately, customers cannot collect the products themselves.
 

Note International deliveries
If delivery is made to non-EU countries, further customs duties, taxes or fees may have to be paid by the customer to the relevant customs or tax authorities. The customer is advised to ask the customs or tax authorities for details before placing an order, including the need for import licences.

The purchase price is due upon conclusion of contract and shall be payed in full within 7 days. All prices are lump sum prices (including the VAT for deliveries within Germany and in member states of the EU including third territories; plus, total price for non-VAT export delivery to third countries).

The following payment methods are basically available in our online shop (we reserve the right to exclude payment methods without giving reasons):

Advance payment

If you select the payment method in advance, we will provide you our bank details in a separate e-mail and deliver the goods after receipt of payment.

For orders by phone, fax, letter, or e-mail, the payment method is limited to prepayment. We reserve the right to exclude payment methods without giving reasons.
homoempatia Phone: 0391 - 727 667 302 / Fax: 0391 - 727 667 2 9 / e-Mail: service@homoempatia.eu

The purchase price is due upon conclusion of contract and shall be payed in full within 7 days. All prices are lump sum prices (including the VAT for deliveries within Germany and in member states of the EU including third territories; plus, total price for non-VAT export delivery to third countries).

The invoice amount should be transferred to the following account stating the invoice or order number in the payment reference:

Account holder: Şükrü Aydoğan
Bank: Apobank
Account number: 0504013077
Bank sort code: 30060601
IBAN: DE19300606010504013077
BIC: DAAEDEDDXXX

The chargeback fees of the banks and savings banks arising from incorrect account details or chargebacks which are not based on our fault are at the expense of the customer.

Credit Card
By submitting the order, at the same time you’re submitting your credit card information to us.
After your verification as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after dispatch of the goods. The payment transaction is carried out automatically by the credit card company, so your card is debited.
 

PayPal (for deliveries within the European Union)
In order 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"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after shipping the goods. You will receive further information during the ordering process.

Cash on delivery (only for deliveries within Germany)
If you choose the payment method cash on delivery, you pay the purchase price directly to the carrier. Along with the shipping costs, there incur 5,90 € as additional costs. Shipping is via DHL.

 

§4 Delivery time/ Packaging

The delivery time within Europe is 3-5 business days for immediately available goods. The delivery times worldwide can take up to several weeks, depending on the destination. Get in contact for more information.

We do not accept returns.

We are not liable for the impossibility of delivery or for delays caused by us or our upstream suppliers insofar as these are caused by force majeure or other events not foreseeable at the time of conclusion of the contract (e.g., strikes, lawful lockouts), for which we are not responsible. 
We can only appeal to those circumstances if we have immediately informed you hereof. 

If such events make the delivery or service considerably more difficult for us or impossible and the hindrance is not only of temporary nature, we are entitled to withdraw from the contract. If we have declared the withdrawal or if the delivery times are extended, you may not derive any claim for damages from this in the aforementioned cases. This excludes liability according to § 9 of these terms and conditions.  

In the event of hindrances of temporary nature, the delivery or service periods shall be extended, or the delivery or service dates shall be postponed by the period of the hindrance plus a reasonable starting period.

If you cannot reasonably be expected to receive the delivery or service as a result of the delay, or if the hindrance lasts longer than two months, you shall be entitled, after setting a reasonable grace period, to withdraw from the contract by giving us immediate notice in writing. We commit to reimburse any performance already rendered without delay.

Should the delivery be delayed due to circumstances that you are responsible for, then you need to reimburse us for the damage incurred.

If we are in default with a delivery or service or if a delivery or service becomes impossible for whatever reason, our liability for damages is limited in accordance with § 9 of these General Terms and Conditions.

 

§5 Right to cancel

Consumers are entitled to the statutory right of withdrawal as described in the information of the right of withdrawal. Companies are not granted a voluntary right of withdrawal.

 

§6 Reservation of Ownership

The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.

 

§7 Shipping Damage 

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.

For merchants, the duty to inspect and to give notice of defects is regulated by § 377 HGB. If you refrain from doing so, the goods are considered to be approved unless there are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

 

§8 Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract.

Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply.

The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a voluntary guarantee, if agreed, or
  • within the scope of application of the Product Liability Act (Produkthaftungsgesetz).

Restrictions in relation to businesses

In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.

Provisions for merchants ("Kaufleute" in accordance with HGB - German Commercial Code)

Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

Voluntary guarantees and customer service

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

Complaints and return of goods

Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

Customer service: Monday- Friday from 09:00 AM to 6:00 PM,Saturday from 09:00 to 12:00 AM ; phone 0391-727 667 302

 

§9 Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

§10 Code of conduct

We submit to the following codes of conduct:
Trusted Shops seal of quality
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf

 

§11 Online dispute resolution


The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.

 

§12 Protection of minors
Insofar as your order is comprised of goods, whose sale is subject to age restrictions, through the use of a reliable procedure, including a personal identity and age check, we shall ensure that the purchaser has reached the required minimum age. The deliverer shall only hand over the goods after an age check and only to the purchaser in person.

 

§13 Disposal of Electrical and Electronic Equipment  and Batteries
-
Waste disposal information: As the end user, you are legally obliged to properly dispose electrical and electronic equipment and batteries, these cannot be disposed in the household rubbish.

Devices: If you buy a major electrical or electronic device from us, you can return any old one of the same type for disposal.  You can always send us back small electrical equipment (= electrical appliances that are not larger than 25 centimetres in any external dimension) for disposal. Please ensure that you get rid of all removable batteries from the device before returning it, and that you have deleted all personal information from it.
Batteries: Since our shipments may contain batteries (rechargeable and non-rechargeable), we are obliged by the Battery Act (BattG) to inform you of the following: Used batteries may contain harmful substances which, if not properly stored or disposed, can damage the environment or your health. But batteries also contain important raw materials such as iron, zinc, manganese or nickel; therefore, they can be recycled. You can either return them to us after use or dispose them in close vicinity (e.g., in stores or in municipal collection points or in our shipping department) free of charge.
The disposal in shops is for end users restricted to the usual amounts and only for such batteries that the distributor has or has had in their assortment of new batteries. 
That is the meaning of the characters on the battery or on the packaging:
Pb = battery contains more than 0.004 % mass percentage of lead
Cd = battery contains more than 0.002 % mass percentage of cadmium
Hg = battery contains more than 0.0005 % mass percentage of mercury

 

§14 Final Clauses

If you are a business, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. The ineffective points shall be replaced, if any, by the statutory provisions. If this would represent an unreasonable hardship for one of the contracting parties, the contract shall become ineffective in its entirety. 
 

 

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