1. Scope of Application
These General Terms and Conditions (“GTC”) apply to all sales of Medicom Pharma GmbH (owner of the Evage brand), Sedemünder 2, D-31832 Springe, telephone (toll-free within Germany): 0800 - 50 400 50, fax (toll-free within Germany): 0800 – 73 777 00, telephone (international calls): 00 49 (0) 5041 78-0, email: info@medicom.de (“Seller” or “we”) via the website evage.com of goods to the buyer (“Customer”). Conflicting, deviating, additional or supplementary terms and conditions of customers will not become part of the contract, unless such terms and conditions of customers have been agreed to in writing by the Seller.
2. Offer and Acceptance; Order Process; Conclusion of Contract; Pre-orders
2.1 Customer's Order (Offer); Order Confirmation
The presentation and advertising of goods on the evage.com website merely constitutes an invitation to the customer to submit an offer for the conclusion of a purchase contract (order). A binding order from the customer exists when they click the "Place Order with Obligation to Pay" button in the "Checkout" process. After receipt of the order by the Seller, the customer will receive an email confirming receipt of the order by the Seller and listing the details of the order, in particular contact and payment information (order confirmation). This order confirmation does not constitute acceptance of the order or the customer's offer. From the time this order confirmation is received by the customer, the customer is bound by their order or offer for two (2) days. After that, they can cancel the order at any time without stating reasons by email to info@medicom.de before receiving a shipping confirmation or the goods (cf. Section 2.2). The statutory right of withdrawal according to Section 3 remains unaffected.
2.2 Conclusion of Contract
A contract for the delivery of goods is only concluded with the shipping confirmation, which the customer receives by email at the email address provided by them, or at the latest upon delivery of the goods. German is the only language available for the conclusion of the contract.
2.3 No Claim to Conclusion of Contract
There is no claim to the conclusion of a contract. The Seller may reject the customer's offer to conclude a purchase contract without stating reasons.
3. Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period begins on the day on which you or a third party authorized by you, who is not the carrier, took possession of the last partial shipment or the last item. To exercise your right of withdrawal, you must inform us, Medicom Pharma GmbH, Customer Service Department, Sedemünder 2, 31832 Springe, Tel.: 0800 - 50 40 050 Fax: 0800 - 73 77 700, Email: info@medicom.de by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the sample withdrawal form enclosed with the order received or download it here, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
3.1 Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.
You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. We will bear the cost of returning the goods. You only have to pay for any diminished value of the goods if this diminished value is due to handling them in a way that was not necessary to check their condition, properties and functionality.
When returning medicines within the scope of the right of withdrawal, we are obliged to ask you for the reason for the return. You only need to give a reason if the withdrawal is due to side effects.
3.2 Premature Expiry of the Right of Withdrawal
The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
3.3 Withdrawal Form
This is how you can withdraw from your contract with Medicom Pharma GmbH:
Use the ready-made withdrawal form that we provide for download here.
3.4 Special Notes
90-Day Money-Back Guarantee
In addition to your statutory 14-day right of withdrawal, we offer you, as a consumer, the option to make use of our money-back guarantee for up to 90 days after receiving the goods. The statutory regulations on the right of withdrawal are not restricted; during the withdrawal period, only the statutory regulations on the right of withdrawal apply.
3.5 Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board. The General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de, is responsible.
3.6 Copyright
For documents, texts, images and other information published in our catalogs, price lists, promotional materials and on our website, the Copyright Act applies without restriction. In particular, the following applies: Individual reproductions, e.g. copies and printouts, may only be made for private and other personal use. The production and distribution of further reproductions is only permitted with the express written permission of Medicom Pharma GmbH. The user is responsible for compliance with the legal provisions and can be held liable for misuse.
3.7 Final Provisions
In case of disagreements and legal disputes, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. In addition, mandatory provisions of the law of the state in which you have your habitual residence are applicable if you, as a customer, have concluded a purchase contract as a consumer, meaning the contract is not attributable to your professional or commercial activity (consumer contract).
4. Delivery Conditions and Shipping Costs
4.1 Shipping to Germany and EU Member States
For shipping to Germany and EU member states, the Seller uses a shipping service provider. Unless otherwise agreed, delivery is made by the shipping service provider to the delivery address specified by the customer. The delivery time within Germany is two (2) working days from receipt of the shipping confirmation, unless something different is specified in the order process.
4.2 Minimum Order Value
For orders over 50 EUR, we deliver free of charge within Germany. For orders up to €50, we charge €3.95 for shipping. We deliver within two working days within Germany after receipt of your order. Delivery is made against invoice. For delivery to EU member states, we charge a flat rate of 6.95 EUR per order.
4.3 Purchase as a Merchant within the meaning of the German Commercial Code (HGB)
If a contract is concluded with a customer as a merchant within the meaning of the German Commercial Code (HGB) for bulk goods that are packaged by the customer for resale purposes, the customer, as the party placing the goods on the market, is responsible for complying with the legal regulations regarding their activity.
If the customer is a merchant within the meaning of the HGB and therefore bears the transport risk, separate transport insurance can be taken out by the seller at the express instruction and expense of the customer.
4.4 Shipping Costs
The amount of shipping costs depends on the delivery destination, weight and value of goods; details can be found under Delivery Conditions.
5. Prices and Price Changes
5.1 Validity
The prices stated on evage.com at the time of the order apply. All prices include the applicable taxes and duties, plus any freight, delivery, or shipping costs. If freight, delivery, or shipping costs cannot be calculated in advance due to the nature of a product, the respective product description will indicate that such additional costs may apply.
5.2 Price Changes
For products whose prices are subject to strong market fluctuations, the Seller reserves the right, in the event of a price change by upstream suppliers and other trading partners, for example due to fluctuations in the purchase prices of raw materials, to submit a new offer to the customer for the conclusion of a contract for the delivery of the originally ordered goods after receipt of the order, but before acceptance by the Seller. If the customer accepts this offer, the contract is concluded at this price; otherwise, the Seller's renewed offer is deemed rejected by the customer and no contract is concluded.
6. Payment Terms
6.1 Due Date of Payment
The purchase price becomes due upon delivery of the goods.
6.2 Payment Methods
The customer has the option to pay via Amazon Payments, PayPal and PayPal Express, instant transfer (Sofortüberweisung), credit card (VISA/Mastercard), purchase on account (from 2nd order). The seller reserves the right to definitively specify one of these payment methods before the order is placed.
6.3 Credit Card Payment Collection
The Seller will only charge the customer's account for "credit card" payments at the time the goods are shipped.
6.4 Purchase on Account
If you are making a second purchase from Medicom as a registered customer, you will have the option to pay for your order by invoice. On the day the ordered goods leave our warehouse, you will receive the invoice information with our bank details by email. You pay within 14 days without deductions. As a registered customer with a customer account in the Medicom shop, you can view, download or print the invoice online at any time in your customer account.
7. Retention of Title, Warranty Rights and Additional Services
The delivered goods remain the property of the seller until full payment of the purchase price. The customer must treat the goods with care until full payment. The customer is entitled to the statutory warranty rights. Additional customer services or customer service features do not exist unless different information is included in the respective product description.
8. Set-off and Right of Retention
The customer is only entitled to a right of set-off if counterclaims have been legally established or are undisputed.
The customer is only authorized to exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.
9. Limitation of Liability
The Seller is fully liable for damages in cases of intent and gross negligence.
Liability for simple negligence only exists for damages resulting from injury to life, limb or health, as well as for the breach of an essential contractual obligation, the fulfillment of which
is essential for the proper execution of the contract or whose breach endangers the achievement of the contract's purpose and on whose observance the customer regularly relies ("cardinal obligation"). In the event of negligent breach of cardinal obligations, liability is limited to typical and foreseeable damages. Statutory liability regardless of fault (e.g. under the Product Liability Act) and liability arising from the possible assumption of a guarantee remain unaffected. The legal representatives, employees and vicarious agents of the Seller are not liable beyond the scope of the Seller's own liability.
10. Applicable Law and Jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, mandatory provisions of the state in which the customer has their habitual residence remain unaffected.
If the customer is an entrepreneur, i.e., a natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or independent professional activity when concluding the legal transaction, or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with these GTC is the Seller's registered office.
