Terms & Condions of ALLERGIKA Pharma GmbH
§ 1 Offer and Contract
The ordered once signed is a binding offer. We can confirm orders in writing within two weeks through an order confirmation or deliver within that period of time.
§ 2 Pricing and Payment
(1) Payment is on delivery for private customers. The collection fee is to be paid by the vendor in the first instance only.
(2) All prices listed on the website www.allergika.de include a current rate of VAT at 19%. The price indicates full cost excluding additional postal charges.
(3) For delivery within Germany, a delivery cost of €4.50 is calculated excluding any additional arrangements have been made.
We charge €10.00 for delivery to EU countries, and for delivery to countries outside the EU €20.00. For shipping to islands and overseas please contact us for a quote.
(4) Any changes stipulated by the customer (e.g. special sizes) will be invoiced to the customer. The vendor will inform the customer of the new costs incurred in advance.
§ 3 Offsetting and right of retention
The customer retains the right to offset, provided his counterclaim is undisputed or is adjudged through a legally binding process. The contractual partner is only authorised to exercise a right of retention if the counterclaim is justified and in writing.
§ 4 Delivery Time
(1) Delivery times are subject to an orderly fulfillment of necessary steps incumbent on the buyer.
The right to object to an unfulfilled contract is reserved.
(2) If the customer fails to accept the goods or if he culpably infringes any other duty to collaborate, we shall be entitled to payment of damages incurred to us, including any additional expenditures where applicable.
The customer for his part reserves the right to prove that the damage has not occurred at the level of cost calculated or is considerably less than this amount.
The risk of accidental loss or accidental damage of the item purchased transfers to the customer at the point at which the customer delays acceptance or defaults.
(3) In the event of a delay in delivery not brought about by intent or gross negligence on our part, we shall accept liability for every full week from default at the rate of 3% of the delivery value, up to a maximum of 15% of the delivery value.
§ 5 Transfer of risk
The risk will pass to the customer as soon as the vendor has placed the goods at the customer’s disposal and has notified him appropriately.
§ 6 Reservqtion of ownership
(1) We retain ownership of the delivered items until all receivables raising from the delivery contract have been paid in full.
(2) The customer is obliged to handle with care the object to be purchase until ownership has transferred to the customer. Until such time as the objects ownership has been transferred, the customer has to inform the supplier immediately in writing if the delivered goods are impounded or exposed to interventions of third parties.
§ 7 Warranty, Notice of defects and right of return
(1) Claims in respect of obvious deficiencies are to be reported by the client to the supplier in writing within 14 days of delivery of the contractual object.
(2) The customer, in the first instance, is entitled to demand an immediate replacement delivery. We reserve the right to refuse the chosen form of rectification of the goods if this can only be effected at unreasonable cost. The reduction of the purchase price or the cancellation of the contract by the customer is excluded during this process period. An amendment will be considered invalid upon a second failed attempt. If subsequent measures fail or if we have refused subsequent measures altogether, the customer may demand either a reduction of the purchase price (decrease in value), or can withdraw from the contract.
(3) Claims for damages, due to a defect relating to the following conditions may only be asserted by the customer should rectification fail or if rectification is refused. The customer's right to enforce further claims for damages relating to the following conditions remains unaffected.
(4) We are liable for damage based on an intentional or grossly negligent breach by ourselves or our statutory agent or the person employed to perform an obligation as well as for damage, which is covered by product liability law.
So far as a guarantee of quality and / or duration with regard to the goods have been given, we are liable for these goods within the limits of this guarantee.
Vendor shall only be liable for damage based on nonfulfillment of guaranteed quality or durability, which does not directly injure the goods themselves, if such damage is clearly covered by the quality and durability warranty.
In special cases, that there exists a written right of return, any return and selling price refund, postage costs and similar, are only possible will be accepted only after previous agreement with vendor solely with respect to individual agreement.
Further rights are excluded. The return of goods from special offers is excluded.
(5) The warranty is valid for two years following acceptance of delivery, provided the terms of warranty are not invalidated. This period shall also apply to claims for compensation for consequential damage if such claims have not been made for damage resulting from improper use.
(6) Good will agreements are only applicable to the specific claim for which they are made.
§ 8 Consumer rights regarding distant sales contracts
The customer submits a binding purchase offer as soon as clicking ‘complete order’ in our internet shop. Prior to order completion, customers enter their product choices and other relevant requested information. Acceptance of this offer and therewith the conclusion of contract is effected with delivery of your order. The contract legally binding with ALLERGIKA Pharma GmbH, Hans-Urmiller-Ring 58, 82515 Wolfratshausen.
Storage of contractual data
Order information will be stored by the supplier. After completing the order you will receive a confirmation by e-mail that your order has been received.
Warranties for our goods covers the applicable legally binding rights and responsibilities.
Right of Return
You have the right to return any articles purchased in our online store, without giving reason, within 14 days. Articles must be in their original packaging and unopened.
To return goods, especially those that cannot be sent as a small package by standard mail, you can arrange a pick up through our customer service telephone number 0180 / 222 14 53 at 6 cents (incl. VAT) per minute on the German fixed network; mobile phone charge: 0.42 Euro (incl. VAT) per minute. The pick up is free of charge.
In exceptional cases goods can be returned as parcels, postpaid, to the following address:
ALLERGIKA Pharma GmbH, Hans-Urmiller-Ring 58, 82515 Wolfratshausen
Merchandise that reaches us with postage owing will not be accepted.
We will refund the cost of postage to you immediately upon receipt of return parcel in the form of postal stamps.
The post date shall determine timeliness of the return.
If the right to return goods is exercised, the purchase contract is cancelled. A voucher will be issued, in cases where payments for merchandise have already been made, after return of the original packaged item or items.
In cases of damage through careless handling or insufficient packaging we reserve the right to demand compensation.
Right of cancellation
You may withdraw from your contractual offer within two weeks after receipt of the goods in written form (e.g. letter, fax or e-mail) or, when within the 14 day deadline period, by return of goods without giving reason. The deadline period begins after receipt of a written instruction and not upon receipt of goods by the recipient (where similar goods are delivered on a recurring basis, then not before receipt of the first part delivery) and, in addition, not before completion of our information requirements in accordance with § 312c paragraph 2 of the German Civil Code (hereafter GCC), together with § 1 paragraph 1, 2 and 4.
GCC Regulations regarding Information Duties and our duties
In accordance with § 312e paragraph 1 sentence 1 GCC in connection with § 3 GCC Regulations regarding Information Duties, timely dispatch of revocation shall suffice to meet the cancellation deadline. The cancellation should be addressed to:
ALLERGIKA Pharma GmbH; Hans-Urmiller-Ring 58; 82515 Wolfratshausen
Consequences of cancellation
In the event of a valid cancellation, the payments or goods received by both parties are to be restored and, if necessary, any profit drawn (e.g. interest) surrendered.
If the received goods are returned in part or in whole or in bad condition, we must be provided with an appropriate replacement in terms of value in this respect. This does not apply to items relinquished if the deterioration of the item can be attributed exclusively to inspection of the goods, such as the customer could reasonably have conducted in a store.
The obligation to pay compensation can be avoided by refraining from using the goods as your property and by refraining from doing anything which could impair their value.
Parcelled goods are sent back at our risk.
The customer is responsible for the cost of said return, if the supplied item corresponds to that ordered. Otherwise, the return is free of charge. Items not suitable for parcel shipment will be collected from the customer. You are obliged to refund any open payments within 30 days. The cancellation period starts once the customer has sent off the cancellation or returned the item, and for the vendor once the item has been received.
End of the information about rights of cancellation.
§ 9 Miscellaneous
(1) This contract, as well as, the entire legal relationship between the parties, is subject to the law of the Federal Republic of Germany, to the exclusion of UN purchase law (CISG).
(2) Should individual clauses of this agreement be or become invalid, all other conditions will not be affected by this. The invalid provision shall be replaced by a regulation which shall, as far as, possible satisfy the original intention of the parties.
(3) Our General Terms and Conditions shall apply to all contracts, deliveries and other services stated above without exception.
(4) The place of fulfilment for all obligations that result directly or indirectly from this contractual agreement, including the duty of payment, is the location of the vendor's headquarters.
(5) Legal site of jurisdiction is the headquarter of the vendor (Munich). The vendor is also entitled to take legal action in a court that is responsible for the headquarters or a branch of the customer.