Mauve Webshop System
http://www.mauve.eu
info@mauve.eu
Phone. +49 (201) 437918-0



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Terms & conditions

Welcome to www.mistletoe-pharmacy.com


Your use of this website is governed by these Terms and Conditions set out below. By using any part of this website, completing your customer registration with us and/or placing an order on the website you agree to be bound by the Terms and Conditions.


Data Privacy Statement
Please review also our Data Privacy Statement, which explains our use of information you provide via the website, so that you may understand our privacy practices.


Terms & Conditions
1. General
2. Conclusion of contract
3. Instructions concerning Right of Cancellation
4. Delivery, packing
5. Warranty
6. Articles not available
7. Prices, shipping costs, payment
8. Retention of title
9. Disclaimer concerning links
10. Copyright
11. Customs, duties, taxes
12. Provider identification
13. Severability clause
14. Place of jurisdiction

 

1. General
The business relation shall be governed exclusively by the following Terms & Conditions in the version applicable at the time of placing of the order. They shall only become a constituent part of the contract if incorporated in effective manner. Terms & conditions that deviate from, conflict with or supplement our Terms & Conditions shall not become a constituent part of the contract even if we have knowledge of these, unless we consent to these expressly in writing.
For the purpose of the present Terms & Conditions, consumers are as defined in Section 13 of the German Civil Code (BGB): Any natural person that concludes a legal transaction for a purpose that is not allocable to that person's commercial or self-employed professional activity. For the purpose of the present Terms & Conditions, entrepreneurs are as defined in Section 14 BGB: A natural person or legal entity, or a partnership having legal personality that concludes a legal transaction in the exercise of its commercial or self-employed activity. For the purpose of the present Terms & Conditions, customers are consumers or entrepreneurs (see above).
The following rights are applicable only to private consumers, i.e. any natural person that concludes a legal transaction for a purpose that is not allocable to that person's commercial or self-employed professorial activity. The rulings of the German Commercial Code (HGB) shall apply to businesspersons, companies and public bodies.

 

 


2. Conclusion and execution of contract
(A) The illustration of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking on the button "Order against payment", you are placing a binding order for the goods contained in the shopping basket. Receipt of the order will be acknowledged immediately following sending of the order and shall not constitute acceptance of the contract. We can accept your order through sending of an order confirmation by email or through delivery of the goods within two days.


(B) If you are a consumer and order the goods electronically, you can call up the Terms & Conditions at any time via a link from your order confirmation and save them on your computer.
(C) You place your order with us by adding articles to the shopping basket, entering your delivery and payment data, stating your email address so that we can inform you of your right of cancellation via email, confirming the correctness of your information on the control page and finally clicking on the button "Order against payment".
(D) Acts of goodwill on our part shall not create any entitlement for the future even if repeated.


(E) The contract shall be concluded exclusively in English.


(F) You can also place orders with us by telephone or facsimile. The contact numbers as well as further details can be found on our website.


(G) The currently applicable shipping costs can be found here under Shipping Costs (LINK)
(H) The order shall be limited to normal pharmacy quantities.

 

 

3. Instructions concerning Right of Cancellation
Right of Cancellation
You can revoke your declaration of contract within 14 days in writing (e.g. letter, facsimile, email) without stating reasons or - if the item has been handed over to you before expiry of the deadline - by returning the item. The period shall begin upon receipt of these instructions in written form, not however before receipt of the goods by the recipient (with recurring deliveries of similar goods, not before receipt of the first partial delivery) and likewise not before fulfillment of our obligations to inform as per Article 246 Section 2 in conjunction with Section 1 Subsections 1 and 2 EGBGB (Introductory Law of the German Civil Code) as well as of our obligations under Section 312e Subsection 1 Sentence 1 BGB in conjunction with Article 246 Section 3 EGBGB. On-time sending of the cancellation or of the item shall suffice for adherence to the deadline for cancellation.

 

The cancellation must be addressed to:
Heidelberg-Apotheke, Heidelbergstr. 22, 72406 Bisingen, Germany
E-mail: mail@mistletoe-pharmacy.com
Fax: +49 7476 9500 304

Consequences of Cancellation
In the event of effective cancellation, the reciprocally received performances must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the performance received to us, are unable to return it in full or are only able to return it in a deteriorated condition, you shall be required to compensate us for any resulting loss of value. You are only required to pay compensation for loss of value due to the deterioration of the item and for benefits derived in so far as the benefits or the deterioration is/are the result of handling of the item in a manner that goes beyond checking of the features and the function. "Checking of the features and function" shall be understood as meaning testing and trying out the respective goods as is possible and normal, for example in a store. If reference to the obligation to compensate for loss of value as per Section 357 Subsection 3 Sentence 1 BGB is not received in writing at the latest at the time of conclusion of the contract, you shall not be required to provide compensation for loss of value for any deterioration resulting from use of the item in the intended manner; you shall only be required to provide compensation for benefits derived if you have used the goods in a manner that goes beyond checking the features and function. Items that are suitable for sending by parcel must be returned at our risk. You shall be required to bear the costs of return if the goods delivered conform to those ordered. Obligations to refund payments must be fulfilled within 30 days. For you, the period shall begin upon sending of your declaration of cancellation or of the item, for us upon receipt thereof.
Please send the goods to the following address:
Heidelberg-Apotheke
Heidelbergstr. 22
72406 Bisingen
GERMANY

You will receive a refund for the purchasing price plus any shipping costs upon receipt of the goods at the above address for returns, less any compensation for loss of value owed.

- End of the instructions concerning the Right of Cancellation -

ATTENTION: Orders for goods whose nature makes them unsuitable for return, that could deteriorate quickly or whose expiration date has been exceeded, cannot be cancelled. Many pharmaceuticals deteriorate easily in heat or when exposed to direct sunlight. As we cannot check return deliveries in terms of whether correct handling of the medicines was guaranteed following delivery, these will no longer be supplied to the trade and will be disposed of in the interests of your safety. For this reason, the possibility of cancellation is excluded for pharmaceuticals.

 

4. Delivery, packing

 

Orders and deliveries are possible worldwide. Articles are sold only in normal household quantities.
In the event of shipping, the goods ordered will be dispatched within two working days of payment. We shall inform you immediately if a product is not available at the time of ordering. Pharmaceuticals governed by the Narcotics Regulation (BTM Verordnung), temperature-sensitive pharmaceuticals, liquid preparations and cytostatics, radioactive pharmaceuticals and pharmaceuticals with a very short shelf life whose timely delivery cannot be guaranteed taking account of any necessary second attempt at delivery, will not be shipped. If safe use of the pharmaceutical requires information or consultation and this cannot be provided other than in the form of personal information or consultation by a pharmacist, we shall be entitled to refuse shipment of a pharmaceutical. We can likewise refuse shipment given a justified suspicion of abuse of pharmaceuticals.
Pharmaceuticals available only on prescription will not be offered for sale in our shop. Nevertheless, we reserve the right not to ship pharmaceuticals available without prescription until following submission of the original prescription.

 

5. Warranty
(A) As a consumer, the customer shall initially be entitled to choose between rectification of defects or replacement delivery in terms of subsequent fulfillment. Nevertheless, we are entitled to refuse the chosen form of subsequent fulfillment if this is only possible at disproportionate cost, and another form of subsequent fulfillment does not entail significant disadvantages for the consumer.
(B) If the subsequent fulfillment fails, the customer, as consumer, shall have a fundamental right to choose between demanding a reduction in the remuneration (reduction in price) or rescission of the contract (withdrawal). Nevertheless, the customer, as consumer, shall not be entitled to a right of withdrawal in the event of only minor non-conformity with the contract, in particular with only minor defects.
(C) If the customer, as consumer, has been induced to purchase the item through inaccurate statements by the manufacturer, the customer shall bear the burden of proof regarding his decision to purchase. With used items, the customer, as consumer, shall bear the burden of proof regarding defects to the item.
(D) If the customer, as consumer, chooses to withdraw from the contract as a result of a legal or material defect and following failed subsequent fulfillment, he shall not be entitled to damages based on the defect in addition.
(E) If the customer, as consumer, chooses damages following failed subsequent fulfillment, the goods shall remain with him if this is reasonable for him. Damages shall be limited to the difference between the purchasing price and the value of the defective item. This shall not apply if we have fraudulently caused the violation of contract.
Customer hotline
You can contact our customer hotline concerning any questions, objections or complaints on working days between 09:00 a.m. and 5:00 p.m. on telephone number ++49 7476 9500 303 as well as by email at mail@mistletoe-pharmacy.com.

 

 

6. Articles not available
If a specific article is not available, we undertake to inform you of the non-availability before accepting the order. In such cases, we reserve the right to supply you with a substitute article that is of equal value in terms of price and quality.
If you do not accept or keep this article, you can, in deviation from point 2, return it to us free of charge within the statutory warranty period.

 

 


7. Prices, shipping costs, payment
The prices stated on our site are in euros (EUR), including any applicable statutory value added tax.
The shipping costs per order and delivery address can be found in our current overview of shipping costs.
Customers can pay by advance payment, PayPal, or credit card.
If an order is subject to advance payment and payment is not received within 14 days, the order will be cancelled.
The goods will not be shipped until payment is received. We do not grant discounts.

 

 


8. Retention of title
We shall retain title to the goods delivered until such time as full payment has been received for all outstanding invoices.

 


9. Third-party links
We are not responsible for the content of any off-website pages or any other websites linked to or from the website. Links appearing on the website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

 

10. Copyright 
Our shop sites as well as the illustrations contained therein are protected by copyright as per Section 72 Copyright Act (Urheberrechtsgesetz).
Publication, reproduction, distribution as well as imitation are only permitted with our express written consent.

 


11. Customs, duties, taxes
For all orders made from www.mistletoe-pharmacy.com, you will be responsible for knowing what items can be lawfully imported into the designated country. Any order that is shipped to a country outside of Germany may be subjected to import taxes and custom fees levied by that country. Any fees incurred for international shipments must be handled by the recipient of that order.
www.mistletoe-pharmacy.com has no control over any charges by a country, and recommends contacting your local customs office for any information regarding imported items.

 

12. Provider identification
Heidelberg-Apotheke
Apotheker Johannes Ertelt e. K.
Heidelbergstr. 22
72406 Bisingen
Germany
Fax: +49 7476 2009
E-mail: admin@mistletoe-pharmacy.com

 

 


13. Severability clause
Should one of the above provisions be or become ineffective or unenforceable, the validity and enforceability of the other provisions shall not be affected.
We assume no liability for printing errors and mistakes in the Internet offer.
Information / document retention
Please print out these instructions or save them permanently, and retain them. The instructions are a constituent part of the contract of purchase concluded with you when you place an order at http://www.mistletoe-pharmacy.com.

 


14. Place of jurisdiction and applicable law
The legal relations betwe
en the contract partners shall be governed by German law. If the customer is a merchant, entered in the Commercial Register as defined in the German Commercial Code, or a legal entity, Hechingen is hereby agreed as exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relation.

 


Terms & Conditions
Last amended December 2013
 
Section 11 - Limitations of Liability
 
(1) Our liability for slightly negligent violations of obligations shall be limited to the foreseeable, average direct damages typical for the contract, based on the type of goods. This shall also apply in cases of slightly negligent violations of obligations on the part of our legal representatives or vicarious agents.
(2) The above limitations of liability shall not apply for claims of the consumer based on product liability. The limitations of liability shall likewise not apply in cases of physical injury, health damage or loss of life for which we are responsible.
(3) Damage claims of the consumer based on a defect shall become statute barred one year after delivery of the goods. This shall not apply if we can be accused of gross culpability or intentional conduct, and likewise not in cases of physical injury, health damage or loss of life for which we are responsible.
 
Section 12 - Liability, Use, Framing
 
(1) The content of our website has been prepared with the utmost care. Nevertheless, we cannot accept responsibility for the correctness, completeness or up-to-date status of the content provided.
(2) Under Section 7 Subsection 1 TMG (Teleservices Act), we, as service provider, are responsible for own content on these sites in accordance with the general laws. Under Sections 8 to 10 TMG, we, as service provider, are not however obliged to monitor third-party information communicated or saved. We shall remove this content immediately we become aware of any concrete violation of the law. We can only accept liability in this respect as from the time of becoming aware.
(3) Our website contains links to third-party websites (so-called "external links"). As we have no control over the content of these links, we cannot assume any responsibility for the third-party content. In all cases, responsibility for the content and the correctness of the information shall lie with the respective provider of information on the linked website. No violations of the law were recognizable at the time of setting the link. We shall remove the respective link immediately we become aware of any violations of the law.
(4) Framing of this website is not permitted and requires our written consent.

 

Note on online dispute settlement:

The European Commission has set up an internal platform for the online settlement of disputes. The platform serves as a point of entry for the out-of-court settlement of disputes over contractual obligations arising from purchases and service contracts concluded online with the pharmacy. You can reach the platform at: https://ec.europa.eu/consumers/odr/