General Terms & Conditions in the context of purchase agreements
concluded via the platform http://shop.mevalia.com

between

Dr. Schär Deutschland GmbH (hereinafter the “Supplier”)

and

the Customer,as set out in § 2 of the Agreement (hereinafter the “Customer”).

§ 1 Scope of agreement, definitions

(1) The business relationship between the web store supplier (hereinafter the “Supplier”) and the customer (hereinafter the “Customer”) shall be exclusively governed by the following General Terms & Conditions (GTCs) in the version applicable at the time of the order. Deviating customer conditions will not be accepted unless the Supplier expressly agrees to them in writing. Deliveries to enterprises are excluded.

(2) The Customer is a consumer unless the purpose of the goods and services ordered can be ascribed to its commercial or freelance activity. An enterprise is however any natural or legal person or incorporated partnership that on conclusion of the agreement is exercising a commercial or freelance activity.

§ 2 Conclusion of the agreement

(1) The Customer may select products, in particular special foods for specific illnesses, from the selection offered by the Supplier and the place these in a so-called shopping cart using the “place in shopping cart” button. The Customer must next click to accept the GTCs. The purchase order can be only submitted and sent if the Customer accepts the GTCs and thus includes them in its request. The “Buy” button is used to submit a binding request to purchase the goods in the shopping cart. The Customer can at any time change and view the data before sending the order.

When ordering by phone, the Customer is once again requested to confirm the order and, after obtaining the Customer’sconsent, the request shall be deemed accepted. The Customer accepts the valid GTCs upon completion of the request.

(2) The Supplier will then send an automatic acknowledgement of receipt to the Customer via e-mail once more listing the Customer’s order, which the Customer can printusing the “Print”function. Automatic acknowledgement of receipt simply documents that the Customer order has been received by the Supplier: it does not constitute acceptance of the request. A contract will be concluded only upon the issue of a declaration of acceptance by the Supplier, which will be sent via with a separate e-mail (confirmation).

(3) Our products may only be purchased by adults (those having reached the age of majority). If you are under 18 years of age, you may only purchase our products with the assistance of a parent/guardian.

§ 3 Delivery and availability of goods

(1) If at the time of the Customer’s order the product selected by the Customer should not be available, or not be available in sufficient quantity, the Supplier shall immediately inform the Customer thereof in the order confirmation. If the product is permanently unavailable, the Supplier will not issue a declaration of acceptance. No contract will be concluded in this case.

(2) If the product designated in the Customer’s order is only temporarily unavailable, the Supplier will also immediately inform the Customer thereof in the order confirmation. In the event of a delivery delay of over two weeks the Customer has the right to withdraw from the contract. In this case, moreover, the Supplier too is entitled to withdraw from the contract, with immediate refund of payments already made by the Customer.

§ 4 Retention of title

The goods will remain the property of the Supplier until full payment has been made.

§ 5 Prices and dispatch costs

(1) All prices given on the Supplier’s website include VATapplicable at the statutory rate.

(2) The corresponding delivery charges will be indicated to the Customer in the order form and are payable by the Customer. We deliver free of charge to Germany and Austria for orders of € 50.00 and above.

(3) Goods will be forwarded by DPD. The Supplier shall bear the delivery risk if the Customer is a consumer.

§ 6 Payments

(1) The Customer may make payment via direct debit, credit card, PayPal or by bank transfer / advance payment.

(2) The Customer can change the payment method stored in his/her user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the agreement. If payment is determined according to the calendar, the Customer will be in arrears upon non-observance of the due date. In this case interest will be payable to the Supplier at a rate of 5 percentage points above the base rate.

(4) The Customer’s obligation to pay interest on arrears shall not prejudice the Supplier’s right to claim further damages.

§ 7 Guarantee covering defects, warranty

(1) The Supplier shall be liable for material defects pursuant to the current legal provisions, in particular §§ 434 et seq. of the Civil Code. The warranty on items delivered by the Supplier to enterprises will be for 12 months.

(2) An additional warranty for goods delivered by the Supplier will only exist if this was expressly provided in the order confirmation for the relevant article.

§ 8 Liability

(1) The Customer may not make claims for damages. This excludes claims for damages by the Customer arising from a prejudice to life, person or health, or from a breach of essential contractual obligations (cardinal obligations), or from liability for other prejudice due to an intentional or grossly negligent breach of duty on the part of the Supplier, its legal representatives or vicarious agents. Essential contractual obligations are those that must be met in order to achieve the objective of the agreement.

(2) In the event of a breach of essential contractual obligations, the Supplier is only liable for foreseeable prejudices that are typical for this form of contract if these are simply caused by negligence, unless they involve claims for damages by the Customer arising from prejudice to life, person or health.

(3) The limitations of paras. 1 and 2 above also apply to the legal representatives and vicarious agents of the Supplier if claims are madedirectly against them.

(4) The provisions of the Product Liability Law shall remain unaffected.

 

§ 9 Information regarding right of cancellation

Right of cancellation

You have the right to cancel this agreement within 14 days without giving any reason. The cancellation period is fourteen days from the date upon which you, or a third party nominated by you who is not the carrier, took delivery of the latest goods.
To exercise your right of cancellation you must contact us at

Dr. Schär Deutschland GmbH
 Simmerweg 12, D-35085 Ebsdorfergrund
Fax: +49 (0) 06003 9117 20
E-mail: info@drschar-medical.com
Internet: http://shop.mevalia.de

with a clear declaration (e.g. letter sent by post, fax or e-mail) of your decision to cancel this agreement. You may use the attached model cancellation form for this, but this is not obligatory.

To meet the cancellation deadline, simply notify us of your intention to exercise your right of cancellation before the cancellation deadline.

The right of cancellation will only apply to goods that are past their use-by date. The right of cancellation will not apply to contracts for the delivery of sealed goods that are for health or hygiene reasons not suitable for return if the seal has been removed following delivery.

Consequences of cancellation

If you cancel this agreement, we shall promptly refund all payments received from you, including delivery charges (except for additional costs arising from the fact that you have chosen a different type of delivery from the standard economy delivery as offered by us) at the latest within fourteen days from the day upon which we received notification of your decision to cancel this agreement. For such refunds we will use the same means of payment that you have used in the original transaction, unless otherwise expressly agreed with you; under no circumstances will any fees be charged to you on account of such refund.

We may refuse to make any refund until we have received the goods or you have demonstrated that you have sent the goods back, whichever is earlier.

You must send back or return the goods promptly and in any case at the latest within fourteen days from the day on which you notified us of the cancellation of this agreement to:

Dr. Schär Deutschland GmbH
 Simmerweg 12, D-35085 Ebsdorfergrund

This deadline will be met provided you send the goods before expiry of the 14-day period. You are liable for the direct costs of returning the goods.

You shall only be liable for any loss in the value of the goods if, upon testing of the nature, properties and functioning of the goods, such loss in value can be demonstrated as being due to unnecessary handling.

End of information regarding right of cancellation

Model cancellation form

(If you wish to cancel the agreement, please complete and return this form.)

To: Dr. Schär Deutschland GmbH, Simmerweg 12, D-35085 Ebsdorfergrund:

I/we (*) hereby cancel the agreement concluded by myself/ourselves (*) for the purchase of the following goods (*)/provision of the following service (*)

Ordered on (*)/received on(*)

Name of consumer

Address of consumer

Signature of user (only for paper communications)

Date

(*) delete as appropriate.

§ 10 Miscellaneous

Pursuant to § 312d (4) no. 1 of the Civil Code, there is no right of cancellation for deliveries of goods whose expiry date has lapsed.

§ 11 Data processing

(1) The Supplier will collect data on the Customer as part of the execution of agreements. It will in particular observe the provisions of the German Federal Data Protection Law and Interstate Broadcasting Agreement. Unless the Customer’s consent is given, the Supplier will only collect, process or usethe Customer’s stock and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.

(2) Unless the Customer’s consent is given, the Supplier will not use Customer data for the purposes of advertising, market research or opinion surveys.

(3) The Customer may at any time retrieve, modify or delete the data he/she has stored by means of the “My account” button in his/her profile. More information in relation to customerconsent and the collection, processing and use of data can be found in the data protection policy, which is available at all times on the Supplier’s website in printable form under the “Data protection”button.

§ 12 Final provisions

(1) The laws of the Federal Republic of Germany will apply to contracts between the Supplier and the Customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) If the Customer is a merchant, a legal person under public law or a special entity underpublic law, the place of jurisdiction for all disputes arising from contractual relations between the Customer and the Supplier will be the place of business of the Supplier.

(3) The agreement will remain binding in its other partseven if individual points prove legally ineffective. The statutory provisions, if any,shall replace the invalid points. If this would nevertheless constitute an unreasonable prejudice to one of the contracting parties, the agreement as a wholewill become ineffective.