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

The presentation of the products in the online shop is not a legally binding offer but a non-binding online catalogue. You can initially place our products in the shopping basket without any commitment and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order takes place together with the acceptance of the order via an automated e-mail. This will occur immediately after placing the order.

When you conclude the contract with us, it depends on the payment method you chose:


Cash on delivery, Credit Card

We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.
 

Prepayment
We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we give you our bank details.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer. 

We save the order and the data provided by you. The receipt of the order is confirmed per email. The text of the contract is not stored by us and can no longer be retrieved after completion of the order. The order data can be printed out immediately after being submitted. The customer should keep this printout.


 
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.

The languages available for the conclusion of contract are German, English, Italian, Spanish and French.
 


§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):

Prepayment

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 the ordering process, you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there. If this isn't the case, register for the first time, sign-up with your access data and confirm us your payment order. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will get more 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 of withdrawal

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

Until the payment is complete, the delivered product remains property of homoempatia mail-order pharmacy -  Die Kosmos Apotheke Reform - Reinhard-Mannesmann-Weg 3 – 39116 Magdeburg

In addition, the following applies to companies: We reserve the right to ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in ordinary business; all claims resulting from this resale shall be assigned to us in advance to the total amount of the invoice – regardless of any combination or mixing of the goods with a new item. We will accept this assignment. You remain authorised to collect the claims, but we may also do the same ourselves if you do not meet your payment obligations.
 

 

§7 Shipping Damage 

The following applies to consumers: If goods are delivered with obvious transport damage, please report those immediately to the carrier and contact us. Failing to complain or to contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to aver our own claims against the carrier or transport insurance.

The following applies to companies: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the carrier, the shipper or the person or institution otherwise intended to carry out the shipment. 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

Unless explicitly agreed otherwise below, the statutory warranty rights apply.

For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.

For companies, the limitation period for claims for defects is one year from the passing of risk; the statutory periods of limitation for the right of recourse according to § 478 BGB remain unaffected.
In relation to companies, the only agreement that applies to the condition of the goods is our own details and the manufacturer’s product descriptions that were included in the contract; we assume no liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we will initially provide warranty to companies at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).

The aforementioned limitations and shortened deadlines do not apply to claims for damages caused by us, our legal representatives or vicarious agents

in the event of loss of life, injury to body or health
in the event of intentional or grossly negligent breach of duty as well as malice
in the event of breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (material contractual obligations)
as part of a promise of guarantee, as far as agreed

as far as the scope of application of the Product Liability Act is opened.

Information on any applicable additional guarantees and their exact conditions can be found in the product descriptions and on special information pages in the online shop.

Customer service: Monday to Friday from 09:00 to 18:00. Phone: +49 391 727 667 302
 

 

§9 Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents

  • in violation of life, body or health
  • in case of intentional or grossly negligent breach of duty
  • with guarantee promises, as far as agreed

as far as the scope of application of the Product Liability Act is opened.

In case of breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place (material contractual obligations), by slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be limited to the foreseeable damage, with whose emergence typically has to expected, at the time the contract was concluded.

Apart from that, claims for damages are excluded.
 

§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 Settlement of Disputes

The European Commission provides a platform for online dispute resolution (OS), available here  http://ec.europa.eu/consumers/odr/.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/.

 

§12 Youth Protection
If your order includes goods whose sale is subject to age restrictions, we will ensure that the person ordering has reached the required minimum age by using a reliable procedure including a personal identity and age check. The supplier hands over the goods only after an age check and only to the customer personally.
 

§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 company, German law applies excluding the UN Law of Sales.

Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or special fund also under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.

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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