GENERAL TERMS AND CONDITIONS

1. scope of contract and validity

All orders are only legally binding if they are confirmed electronically (via email access) by our pharmacy after successful verification.

On our website you will find an up-to-date overview and information about products that can be ordered via our online store. The products ordered online can either be picked up by the customer or sent to the customer for a fee. As the shipment of prescription-only medicinal products for human use is not permitted in Austria, prescription-only medicinal products for human use ordered via our online store must be collected by the customer themselves with a prescription. In this case, the note is automatically included in the order process.

Sending goods that are subject to special delivery conditions (e.g. ice cream and chilled goods) is also prohibited and can only be obtained by collecting the goods yourself. In this case, we will inform the customer separately by telephone or email.

The information provided on our websites has been carefully checked and is updated regularly. No guarantee can be given that all information and illustrations are complete, correct and up to date at all times. This applies in particular to product information provided by the manufacturer in the illustrated package inserts.

 

 

2. Conclusion of contract and information obligations

2.1. The order processes are carried out in German. The order can be placed either after prior registration or as a guest. This is done by providing the customer's first name, surname, e-mail address, address including country and telephone number. After selecting the delivery service or the shipping method or Click & Collect (personal collection at the pharmacy), the customer is then taken to the selection of the desired payment method. After selecting the payment method, the customer is taken to the page with the preview of their desired order with the consent note regarding the data protection regulations, the revocation policy and these GTC. These must then be accepted. If consent is not given or the required information is not provided, the customer will be informed that the order process via the webshop cannot be continued. As soon as the customer presses the "Buy now" button, either an electronic offer is sent by the customer to the pharmacy, the receipt and acceptance of which is confirmed (if Click & Collect or advance bank transfer is selected), or, if payment via Easy nets is selected, the window for payment by credit card or MobilePay opens, on which the terms and conditions of the payment service provider Easy nets must also be accepted. Only with the subsequent electronic confirmation of the successful verification of the transaction does the contract between the latter and the customer come into effect and is confirmed to the customer by e-mail.

2.2. (Contract) data will not be stored for longer than is necessary to fulfill contractual or legal obligations and to defend against any liability claims. The customer has the right to information about their stored personal data, its origin and recipients and the purpose of data processing as well as a right to rectification, data transfer, objection, restriction of processing and blocking or erasure of incorrect or inadmissibly processed data at any time. The request for information, deletion, correction, objection and/or data transfer, in the latter case, provided that this does not cause a disproportionate effort, can be sent to the address of our pharmacy.

2.3 The delivery of human medicinal products in accordance with § 3 of the Distance Selling Regulation (Federal Law Gazette II No. 105/2015) is made exclusively to the person known to the pharmacy by name.

2.4. During our pharmacy opening hours (Mon-Fri: 8 am to 12 noon, 2 pm to 6 pm and Sat 8 am to 12 noon), we provide our customers with free telephone advice from a pharmacist.

2.5.  If the product purchased by the customer is defective, the statutory warranty provisions shall apply.

 

 

3. Payment, prices, taxes and fees

All prices are in euros including the respective statutory sales tax, which is also shown in the course of the ordering process. These only apply to the specific order. Payment is made either by PayPal, by advance bank transfer or via the payment service provider Easy nets or on collection on site. Payment is due upon confirmation of the order or upon collection on site. Failure to make the agreed payment entitles the pharmacy to withdraw from the contract. All associated costs and loss of profit shall be borne by the customer.

 

3.1. The Katharinen-Apotheke Mag. pharm. Sandra Hammerer e.U. retains ownership of the goods until the customer has paid the purchase price for the goods in full, including any shipping costs and postage.

 

4. Right of withdrawal

4.1. In accordance with Section 18 FAGG, the customer has no right of withdrawal/right of revocation in the case of distance contracts or contracts concluded outside of business premises:

1. Services if the trader - on the basis of an express request by the consumer as well as a confirmation by the consumer of the latter's knowledge of the loss of the right of withdrawal upon complete fulfillment of the contract - had begun to perform the service before the expiry of the fourteen-day withdrawal period and the service was then provided in full,
2. Goods, goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
3. goods that can spoil quickly or whose expiry date would be quickly exceeded,
4. goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
5. goods that have been inseparably mixed with other goods after delivery due to their nature.

However, this right of withdrawal shall only apply if the delivered goods have not been opened, are in their original condition, have not been soiled or damaged by the customer and have been stored properly.

 

4.2.   Otherwise, the customer has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise the right of withdrawal, the customer must inform the pharmacy Cerebro / Beethoven Apotheke (Shop) by means of a clear statement (e.g. registered letter or e-mail) of the decision to withdraw from this contract. In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. In the event of revocation, the customer shall bear the costs of the return shipment.

 

Consequences of revocation: If the customer revokes this contract, the pharmacy shall reimburse all payments received from the customer (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us) immediately and at the latest within fourteen days from the day on which the notification of revocation of this contract was received by the pharmacy. For this repayment, the pharmacy shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case shall the customer be charged any fees for this repayment. If the customer has requested that the services should commence during the withdrawal period, the customer shall pay the pharmacy a reasonable amount corresponding to the proportion of the services already provided up to the time at which the customer notifies the pharmacy of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

The pharmacy may refuse reimbursement until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.

The customer must return the products to the pharmacy immediately and in any case within fourteen days at the latest from the day on which he informed the pharmacy of the revocation of this contract, at his own expense or hand them over personally on site. The deadline is met if the customer sends the products before the expiry of the fourteen-day period.

The customer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

5. Limitation of liability

Our pharmacy is liable for damages insofar as they can be accused of intent or gross negligence. The Katharinen-Apotheke Mag. pharm. Sandra Hammerer e.U is only liable for property damage and financial loss in the event of intent and gross negligence. Liability for slight negligence is excluded. Compensation for consequential damages and financial losses, unrealized savings, loss of interest and damages from third-party claims is excluded in any case, as far as legally permissible.

Should a claim arise against the pharmacy under the Product Liability Act due to a product manufactured by the pharmacy, claims for compensation under this federal law expire 10 years after the date on which the liable party placed the product on the market and expire within 3 years of knowledge of the damage and the injuring party.

6. Final provisions

6.1. Links ("hyperlinks") to external websites of third parties are to be understood as an additional service of our pharmacy. These websites are completely independent and are outside the control or sphere of influence of our pharmacy, which is why no responsibility is assumed for the content of external third-party websites that can be reached via links from this website or which in turn refer to this website. Furthermore, no responsibility is assumed for the content of such websites or their accuracy, completeness or compliance with the law.

6.2. Should individual provisions of this agreement be invalid or unenforceable due to a breach of existing laws or morality or due to impossibility of performance, they shall be deemed to have been amended in such a way that they are compatible with the law and enforceable. If such an amendment appears impracticable for practical reasons, these provisions shall be deemed waived without, however, affecting the other rights or obligations of the parties or rendering them unenforceable.

6.3. Any amendment or addition to the contract shall require the mutual consent of the parties and the written form in order to be valid. This provision can also only be amended in writing.

6.4. The fact that our pharmacy does not invoke a breach of contract by the customer can in no case be regarded as consent to the breach of contract or as consent not to want to (and not to be allowed to) invoke it later.

6.5. The fact that our pharmacy does not demand the fulfillment of a contractual obligation cannot be interpreted to mean that he waived the fulfillment of this obligation.

6.6. This contract shall be governed exclusively by Austrian law. Any disputes shall be subject exclusively to the local jurisdiction of the court with subject-matter jurisdiction for the registered office of our pharmacy, unless the customer is a consumer for whom another place of jurisdiction is available or another place of jurisdiction is exclusively provided for by law.

 

 

7. Online dispute resolution

Please note that the European Commission's online dispute resolution platform can be used for disputes with our pharmacy. This can be accessed via the following link: https://ec.europa.eu/consumers/odr

The following bodies exist at national level for alternative dispute resolution:

Consumer dispute resolution: https://www.verbraucherschlichtung.at/

Internet Ombudsman: https://www.ombudsstelle.at/

Our pharmacy is not obliged to participate in online dispute resolution.

 

[1]We always refer to persons of both male and female genders equally; for reasons of easier readability, only the male form is used in the following.