Terms and Conditions
General terms and conditions with customer information
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redeeming gift vouchers
- Applicable Law
- Place of jurisdiction
- Information on online dispute resolution
- These general terms and conditions (hereinafter “GTC”) of SanaExpert GmbH (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the goods displayed by the seller in his online shop / or completes services. The inclusion of the customer’s own conditions is hereby rejected unless otherwise agreed.
- These terms and conditions apply accordingly to the purchase of vouchers, unless otherwise expressly stipulated.
- A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
2. Conclusion of contract
- The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller but serve to submit a binding offer by the customer.
- The customer can submit the offer using the online order form integrated with the seller’s online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, or email.
- The seller can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the customer’s receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
- If the customer selects “PayPal Express” as the payment method during the online ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer’s offer at the point in time at which the customer triggers the payment process by clicking the button that concludes the ordering process.
- The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
- When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax, or letter) after submitting his order along with the present terms and conditions. In addition, the text of the contract is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before sending his order.
- Before the binding submission of the order via the seller’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
- Only the German language is available for the conclusion of the contract.
- Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
- Consumers generally have a right of withdrawal.
- Further information on the right of withdrawal can be found in the seller’s cancellation policy.
- The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
4. Prices and terms of payment
- Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description. Today you can pay for weight-loss drugs in a number of ways, including generic Xenical.
- In the case of deliveries to countries outside the European Union, additional costs may arise for which the seller is not responsible, and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
- Various payment options are available to the customer, which are specified in the seller’s online shop.
- If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
- If the payment method “Amazon Payments” is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg, subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/ Private customers / user agreement guidelines / user agreement.
- If you choose the payment method purchase on account via Billpay, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 20 (twenty) days of receipt of the invoice without deduction to Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin (www.billpay.de). The payment method purchase on account requires a successful credit check by Billpay GmbH. If the customer is allowed to purchase on account after checking the creditworthiness, the payment is processed in cooperation with Billpay GmbH, to which the seller assigns his payment claim. In this case, the customer can only pay Billpay GmbH with a debt-discharging effect. Even if the payment method purchase on account via Billpay is selected, the seller remains responsible for general customer inquiries, e.g. on goods, delivery time, dispatch, returns, complaints, declarations of revocation, and returns or credits. In addition, the general terms and conditions of Billpay apply in this respect (available at: https://www.billpay.de/datenschutz-de/?q=/allgemein/datenschutz/), which the customer can call up and must confirm as part of the order process. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
- If you choose the payment method purchase on account via Klarna, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 14 (fourteen) days from the date of the invoice, unless otherwise agreed. The payment method purchase on account requires a successful credit check by Klarna AB. If the customer is allowed to purchase on an account after checking their creditworthiness, the payment is processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only pay to Klarna AB with discharging effect. In addition, the general terms and conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
- If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the deadline for prior information has expired. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this. The seller reserves the right to carry out a credit check if the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.
5. Delivery and shipping conditions
- The delivery of goods takes place on the dispatch route to the delivery address specified by the customer unless otherwise agreed. When ordering via the seller’s online order form, the delivery address given in the online order form is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
- If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service unless the seller gave him the opportunity had announced the service a reasonable time in advance.
- If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier, or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even with consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier, or the person or institution otherwise assigned to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the customer.
- The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately, and the consideration will be reimbursed immediately.
- Pickup is not possible for logistical reasons.
- Vouchers are given to the customer as follows:
- By email
6. Retention of title
- In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
- In relation to entrepreneurs, the seller reserves ownership of the goods delivered until all claims from an ongoing business relationship have been settled in full.
- If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application has been made to open insolvency proceedings.
7. Liability for defects (warranty)
If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies:
- For entrepreneurs
- An insignificant defect does not justify any claims for defects;
- The seller has the choice of the type of supplementary performance;
- In the case of new goods, the limitation period for defects is one year from the transfer of risk;
- In the case of used goods, the rights and claims due to defects are fundamentally excluded;
- The limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
- For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following paragraph.
- The limitations of liability and reduction of the limitation period regulated above do not apply
- for items that have not been used for a building in accordance with their normal use and have caused its defectiveness,
- for damage resulting from injury to life, limb or health based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
- for other damages based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
- in the event that the seller has fraudulently concealed the defect.
- In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
- If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
- If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
The seller is liable to the customer for all contractual, contractual, and legal, including tortious claims for damages and reimbursement of expenses as follows:
- The seller is fully liable for any legal reason
- in the event of willful intent or gross negligence,
- in the event of willful or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
- If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely.
- Incidentally, a liability of the seller is excluded.
- The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9. Redeeming gift vouchers
- Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop unless otherwise stated in the voucher.
- Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. The remaining credit will be credited to the customer until the expiry date.
- Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
- Only one gift voucher can be redeemed per order.
- Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
- If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
- The balance of a gift voucher is neither paid out in cash nor is interest paid.
- The gift voucher is transferable. The seller can, with a discharging effect, make payments to the respective owner who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity, or the lack of authorization of the respective owner.
10. Applicable Law
- The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
- Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
11. Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer’s registered office.
12. Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.