TERMS

IPSICO UG (haftungsbeschränkt)
Hans Sachs Ring 9768199 Mannheim

(hereinafter referred to as Provider)

  1. Scope
    1. The services of the Provider for the online shop under the above-mentioned URL as well as all other deliveries, services and offers of the Provider are made exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order. These are an integral part of all contracts that the Provider concludes with the Purchaser regarding the deliveries and services offered by the Provider. They shall also apply to all future deliveries, services or other offers to the Purchaser, even if they are not separately agreed upon again.
    2. The general terms and conditions of the provider apply exclusively. T&Cs of the customer or third parties that deviate from the General Terms and Conditions are not valid unless the Provider expressly agrees to them. Even if the Provider refers to a letter that contains or refers to the terms and conditions of the Purchaser or a third party, this does not constitute agreement with the applicability of those Terms and Conditions.
  1. Contract
    1. The offers of the provider on the Internet represent a non-binding invitation to the customer to order goods or services. By submitting the order (click on the “Buy now” button) on the provider’s website, the customer submits a binding offer to conclude a contract.
    2. The confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. The Provider may declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Buyer is decisive in this respect, or by the Provider delivering the ordered goods, whereby the receipt of the goods by the Buyer is decisive in this respect, or by the Provider requesting payment from the Buyer after the order has been placed (e.g. in the case of PayPal payment). If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Provider does not declare acceptance within the aforementioned period, this shall be deemed to be a rejection with the consequence that the Purchaser is no longer bound by his declaration of intent.
    3. When submitting an offer via the provider’s online order form, the text of the contract is stored by the provider and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order. In addition, the text of the contract is archived on the provider’s website and can be accessed free of charge by the customer via his password-protected customer/customer account by entering the corresponding login data, provided that the customer has created an orderer/customer account in the provider’s online shop before sending his order.
    4. Before placing a binding order via the provider’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.
    5. Only the German language is available for the conclusion of the contract.
    6. The offers of the Provider outside of Germany that are not made via the online shop under the above URL are subject to change and non-binding in terms of price, quantity, delivery period and delivery option, unless they are expressly marked as binding or contain a specific acceptance period.
    7. The customer assures that he has the legal or official authorization to purchase the products offered.
    8. At the request of the Supplier and before the first transaction is concluded, the Purchaser shall submit a copy of the valid proof of entitlement to purchase the Products at its own expense. Any change in the content of the granted permits must be notified to the Provider in writing without delay.
  1. payment, default; Shipping, Payments
    1. The prices listed on the supplier’s website at the time of ordering apply. All prices are inclusive of VAT and plus the shipping costs listed in each case. Prices are in euros.
    2. Payment of the purchase price is possible with PayPal. When paying with “PayPal”, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
    3. If the customer is in default of payment, the provider is entitled to demand default interest in the amount of nine percentage points above the base interest rate of the European Central Bank. In the event that the Provider asserts further damage caused by delay, the Purchaser shall have the opportunity to prove that the claimed damage caused by delay did not occur at all or was incurred in a lower amount. The entitlement to the commercial due interest pursuant to Section 353 of the German Commercial Code (HGB) remains unaffected.
    4. Offsetting against counterclaims of the Purchaser or withholding payments on account of such claims shall only be permissible if the counterclaims are undisputed or have been established in a legally binding manner.
    5. The Provider shall be entitled to execute or render outstanding deliveries or services only against advance payment or security if the Provider becomes aware of circumstances after conclusion of the contract which are likely to significantly reduce the creditworthiness of the Purchaser and which jeopardise the payment of the claims by the Purchaser arising from the respective contractual relationship.
    6. Unless otherwise agreed (advance payment when ordering online), invoices from the provider must be paid within 30 days of the invoice date without any deduction.
    7. The Provider’s prices apply to the scope of services and deliveries listed in the order confirmation. Additional or special services will be charged separately.
    8. Shipping is carried out by the logistics specialist commissioned by the provider within Germany.
    9. The type of shipping and packaging is subject to the dutiful discretion of the provider.
  1. Ownership
    1. The Provider reserves ownership of the delivered goods to consumers until the purchase price owed has been paid in full.
    2. The Provider reserves ownership of the delivered goods vis-à-vis entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), natural or legal persons under public law or special funds under public law until all claims arising from an ongoing business relationship have been fully settled.
    3. The delivered goods (goods subject to retention of title) shall remain the property of the Provider until all claims to which the Provider is entitled against the Purchaser now or in the future have been satisfied, including all balance claims arising from current accounts. If the customer behaves in breach of contract – in particular if he has defaulted on the payment of a fee claim – the Provider has the right to withdraw from the contract after he has set a reasonable period of time for performance. The transport costs incurred for the return are borne by the customer. If the provider takes back the reserved goods, this already constitutes a withdrawal from the contract. It also constitutes a withdrawal from the contract if the provider seizes the reserved goods. The Provider may recycle goods taken back by the Supplier subject to retention of title. The proceeds of the Exploitation shall be offset against the amounts owed by the Purchaser to the Provider after the Provider has deducted a reasonable amount for the costs of the Exploitation.
    4. The customer must treat the reserved goods with care. He must insure them at his own expense against fire, water and theft damage sufficiently at replacement value. If maintenance and inspection work becomes necessary, the customer must carry it out in good time at his own expense.
    5. The Purchaser shall keep the goods subject to retention of title free of charge for the Supplier.
    6. If the customer acts as an entrepreneur, he is entitled to resell the goods subject to retention of title in the ordinary course of business, as long as he is not in default of payment. However, he may not pledge the goods subject to retention of title or transfer them as security. The Purchaser’s claims for remuneration against its customers arising from a resale of the goods subject to retention of title as well as those claims of the Purchaser with regard to the goods subject to retention of title which arise from any other legal reason against its customers or third parties (in particular claims arising from tort and claims for insurance benefits), including all balance claims arising from current accounts, shall already be transferred to the Provider by way of security in full. extent. The provider accepts this assignment.The Purchaser may collect these claims assigned to the Provider on his own behalf on behalf of the Provider, as long as the Provider does not revoke this authorization. The right of the provider to collect these claims itself is not affected; however, the Provider will not assert the claims itself and will not revoke the direct debit authorization as long as the Purchaser duly meets its payment obligations.
    7. However, if the Purchaser behaves in breach of contract – in particular if it has defaulted on the payment of a remuneration claim – the Provider may demand that the Purchaser inform the Provider of the assigned claims and the respective debtors, notify the respective debtors of the assignment and hand over all documents to the Provider as well as provide all information that the Provider needs to assert the claims.
    8. Any processing or rearrangement of the reserved goods by the customer is always carried out on behalf of the provider. If the goods subject to retention of title are processed with other items that do not belong to the Provider, the Provider acquires co-ownership of the new item in the ratio of the value of the goods subject to retention of title (final invoice amount including VAT) to the other processed items at the time of processing. In all other respects, the same applies to the new item resulting from processing as to the goods subject to retention of title.
    9. If the goods subject to retention of title are inseparably connected or mixed with other items not belonging to the Provider, the Provider shall acquire co-ownership of the new item in proportion to the value of the goods subject to retention of title (final invoice amount including VAT) to the other connected or mixed items at the time of the combination or mixing. If the goods subject to retention of title are combined or mixed in such a way that the Purchaser’s item is to be regarded as the main item, the Purchaser and the Supplier already agree that the Purchaser transfers proportionate co-ownership of this item to the Supplier. The provider accepts this transfer.
    10. The resulting sole ownership or co-ownership of an item shall be kept by the Purchaser for the Provider. In the event of seizure of the goods subject to retention of title by third parties or in the event of other interventions by third parties, the customer must point out the ownership of the provider and must notify the provider immediately in writing so that the provider can enforce its property rights. If the third party is unable to reimburse the judicial or extrajudicial costs incurred by the Provider in this context, the Purchaser shall be liable for this.If the Purchaser so requests, the Provider shall be obliged to release the securities to which the Provider is entitled to the extent that their realizable value exceeds the value of the Provider’s outstanding claims against the Purchaser by more than 10%. However, the provider may select the collateral to be released.
    1. The supplier’s products may only be offered, sold or sold in the original packaging and not in partial quantities. This does not affect the possibilities under Section 31 of the Pharmacy Operating Regulations. Direct or indirect resale to a wholesaler by pharmacies or to foreign countries, including a type I control free zone or a free warehouse or the free port areas, is prohibited to the extent permitted by law.
    2. The Purchaser assigns all claims against third parties arising from this to the Provider in advance in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The provider’s authority to collect the claims itself remains unaffected. However, the Provider will not collect the claims as long as the Purchaser meets its payment obligations to the Provider, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
  1. Delivery
    1. Delivery times will be specified as part of the offers. The commencement of the delivery time specified by the Provider presupposes the timely and proper fulfilment of the Purchaser’s obligations, in particular the correct indication of the delivery address in the context of the order.
    2. If the Supplier is unable to deliver the ordered goods through no fault of its own, insofar as these are caused by force majeure or other events that were not foreseeable at the time of conclusion of the contract (e.g. operational disruptions of any kind, difficulties in product procurement, transport delays, strikes, lawful lockouts, lack of labour, energy or raw materials, difficulties in obtaining the necessary official permits,  official measures or the non-performance, incorrect or late delivery by Suppliers) for which the Supplier is not responsible, the Supplier shall not be liable for impossibility of delivery or for delays in delivery. In the event of obstacles of temporary duration, the delivery or performance deadlines shall be extended or the delivery or service dates shall be postponed by the period of the hindrance plus a reasonable start-up period. The customer will be informed immediately that the ordered goods are not available. If the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he may withdraw from the contract by means of an immediate written declaration to the provider. In this case, the provider and the customer are entitled to withdraw. Consideration already provided by the contractual partner will be reimbursed immediately. The legal claims of the customer remain unaffected.
    3. In the case of entrepreneurs, the risk of deterioration or destruction of the goods passes to the customer when the delivery item is handed over to the transport company. If the handover or dispatch is delayed for reasons for which the Purchaser is responsible, the risk shall pass to the Purchaser on the day of notification of the readiness for dispatch of the delivery item. The current Incoterms 2020 apply. Deadlines and dates for deliveries and services promised by the Provider are non-binding and are subject to proper and timely self-delivery. Insofar as delivery periods and delivery dates have been agreed as binding in exceptional cases, the delivery periods and delivery dates refer to the time of handover to the logistics provider or other third parties commissioned with the transport. If claims against the Purchaser are due for payment, the Provider shall not be obliged to make any further deliveries until all invoices (including default interest) have been paid in full.
    4. The Provider shall be entitled to make partial deliveries if: – the partial delivery can be used by the Purchaser within the scope of the contractual intended purpose, – the delivery of the remaining ordered goods is ensured and– the Purchaser does not incur any considerable additional expenditure or additional costs as a result, unless the Supplier agrees to assume these costs.
    5. Partial deliveries at the request of the customer will only be made if the provider has expressly agreed to them in advance. Any additional costs incurred as a result of the partial delivery shall be borne by the Purchaser. If, at the request of the customer, the ordered goods are reassigned, the latter must bear the costs caused by this.
    6. If the Provider is in default with a delivery or service or if a delivery or service becomes impossible for him, regardless of the reason, his liability is limited to damages in accordance with these GTC.
  1. Default of acceptance
    1. If the Purchaser is in default of acceptance or culpably violates other obligations to cooperate, the Provider shall be entitled to demand compensation for the resulting damage, including any additional expenses. Further claims are reserved. 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 service offered, unless the provider had notified him of the service a reasonable time in advance.
    2. The purchase price is to bear interest during the delay. The default interest rate is five percentage points above the base interest rate per year. In the case of legal transactions between entrepreneurs, the interest rate is nine percentage points above the base interest rate.
    3. The customer, for his part, reserves the right to prove that damage in the amount demanded has not occurred or at least has occurred to a much lower extent. The risk of an accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time when the latter is in default of acceptance or debtor.
  1. Warranty
    1. The warranty period is one year from delivery or, if acceptance is required, from acceptance. This period does not apply to claims for damages by the Client arising from injury to life, limb or health or from intentional or grossly negligent breaches of duty by the Seller or its vicarious agents, which are time-barred in each case according to the statutory provisions.
    2. The Purchaser’s warranty rights presuppose that the Purchaser has duly complied with its obligations to inspect and complain under Section 377 of the German Commercial Code (HGB).
    3. The customer is only entitled to warranty rights for obvious defects if the defects are reported within five days of receipt of the goods. In the event of justified complaints of defects, the customer is only entitled to replacement delivery of flawless goods. It does not entitle the Purchaser to reduce or withhold the purchase price.Transport damage can only be processed by the Supplier if it has been notified to the Carrier and the Provider in writing without delay. Within 8 days of receipt of the shipment, a damage report, a statement of facts, a bill of lading with confirmation of damage by the carrier and a declaration of assignment must be submitted to the provider. The declaration of assignment must show that the damage is not otherwise asserted by the customer. Upon delivery, missing packages must be confirmed immediately on the consignment note by the carrier and notified to the provider by telephone and in writing. In the event of material defects in the delivered goods, the Supplier is obliged and entitled to repair or replace the goods within a reasonable period of time at his discretion. In the event of failure, i.e. the impossibility, unreasonableness, refusal or unreasonable delay of repair or replacement delivery, the customer may withdraw from the contract or reduce the purchase price appropriately.
    4. If a defect is due to the fault of the Supplier, the Purchaser may claim damages under the conditions specified in § 8.
  1. Liability
    1. Unless otherwise provided for in these T&Cs including the following provisions, the Provider shall be liable in accordance with the statutory provisions in the event of a breach of contractual and non-contractual obligations.
    2. The provider is liable for damages – regardless of the legal basis – within the framework of fault liability in the event of intent and gross negligence. In the event of simple negligence, the Provider shall be liable, subject to statutory limitations of liability (e.g. care in its own affairs; insignificant breach of duty), onlya) for damages resulting from injury to life, limb or health, b) for damages resulting from the breach of a material contractual obligation (obligation, the fulfilment of which is essential for the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies, and ); in this case, however, his liability is limited to compensation for the foreseeable, typically occurring damage.
    3. The limitations of liability resulting from para. 2 also apply to third parties as well as in the event of breaches of duty by persons (also in their favour) for whose fault the provider is responsible according to statutory provisions. They do not apply if a defect has been fraudulently concealed or a guarantee for the quality of the goods has been assumed and for claims of the customer under the Product Liability Act.
    4. Due to a breach of duty that does not consist of a defect, the customer can only withdraw or terminate the contract if the provider is responsible for the breach of duty. A free right of termination of the customer is excluded. In all other respects, the legal requirements and legal consequences apply.
    5. Insofar as the Provider provides information or provides advice and this information or advice is not part of the contractually agreed scope of services owed by the Provider, this is free of charge and under exclusion of any liability.
    6. The Purchaser shall indemnify the Provider against any claims by third parties – including the costs for legal defence in their statutory amount – which are asserted against the Provider due to unlawful or contractual actions of the Purchaser.
  1. Prescription
    1. By way of derogation from Section 438 (1) No. 3 of the German Civil Code (BGB), the general limitation period for claims arising from material defects and defects of title is one year from delivery. If acceptance has been agreed, the limitation period begins with acceptance.
    2. The above limitation periods of the sales law also apply to contractual and non-contractual claims for damages by the customer that are based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in the individual case. Claims for damages by the customer in accordance with these GTC and in accordance with the Product Liability Act shall be time-barred exclusively in accordance with the statutory limitation periods.
  1. Returns
    1. Properly delivered goods will not be taken back or exchanged. In exceptional cases, the written consent of the provider is required before returning. Returns are processed in accordance with the applicable returns policy after consultation with the provider.
  1. Data protection and data storage
    1. The Provider may process and store the data relating to the respective purchase contracts within the framework of the applicable legal regulations. Further details can be found in the privacy policy available on the provider’s website.
  1. Final provisions
    1. The place of performance for all obligations arising from the contractual relationship is the provider’s registered office in Mannheim.
    2. For all disputes arising directly or indirectly from the contractual relationship, Mannheim is the exclusive place of jurisdiction.
    3. The contracts concluded between the Supplier and the Purchaser shall be governed by the law of the Federal Republic of Germany to the exclusion of the conflict of law rules of private international law and to the exclusion of the Convention on the International Sale of Goods (UN Convention on the International Sale of Goods).
    4. The validity of the remaining provisions shall not be affected by the possible invalidity of one or more provisions.
  1. Information on online dispute resolution / consumer arbitration
    The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odrThis platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. The provider is neither willing nor obliged to participate in consumer dispute resolution proceedings under the VSBG. Our e-mail address can be found in the heading of these Terms and Conditions.

IPSICO UG (haftungsbeschränkt)Hans-Sachs-Ring 9768199 Mannheim

https://www.keady.de/

Storage and shipping by:
alpha trading solutions GmbHAm Kletthamer Feld 1085435 Erding

https://www.alpha.de/

Stand: September 2024