General Terms and Conditions

GENERAL TERMS AND CONDITIONS

valid from 28.11.2023

1) These General Terms and Conditions apply to all orders placed in the online shop of our pharmacy "Landapotheke Mag. Horn KG", Bergstraße 10, 8600 Bruck an der Mur, Österreich (Email: office@landapotheke-bruck.at, Tel.: +43 386252319) (hereinafter referred to as the "Pharmacy").

2) The currently valid General Terms and Conditions can be accessed and printed on our website /en/.

3) The presentation of goods in our web shop is a non-binding overview and information about our products. It is a non-binding invitation to the customer to submit an offer by placing an order in the web shop. The presentation of goods in our web shop therefore does not constitute a binding offer to conclude a purchase contract. An order is only possible if all fields marked with * in the order form have been completed. The order itself can then be placed either after prior registration or as a guest. This requires the customer to provide their first name, last name, email address, address including country, and telephone number. After selecting the Standard shipping or Self-collection option, the customer can then select the desired payment method. After choosing the payment method, the customer is taken to a page showing a preview of their desired order, with a confirmation of consent to the privacy policy, the cancellation policy and these GTC. These must then be accepted. If consent is not given or required information is not provided, the customer will be notified that the ordering process cannot be continued via the web shop. Once the customer clicks the "Place order with obligation to pay" button, either an electronic offer is submitted by the customer to the Pharmacy, receipt and acceptance of which are confirmed (if Click&Collect or advance payment is selected), or, if payment via Nexi nets is selected, a window opens for payment by credit card or MobilePay, where the terms and conditions of the payment service provider Nexi nets must also be accepted.

After receiving the customer's order, we will inform the customer at the email address they provided that we have received the order (acknowledgement of receipt). This notification does not yet constitute acceptance of the customer's purchase offer. The purchase contract for the ordered goods between the customer and the Pharmacy is only concluded when we expressly declare acceptance of the purchase offer. The customer will be notified of our acceptance by email to the address they provided.

4) The contract language is exclusively German.

5) (Contract) data will not be retained for longer than is necessary to fulfil contractual or legal obligations and to defend against any liability claims. The customer has the right at any time to access their stored personal data, its origin and recipients, and the purpose of data processing, as well as the right to rectification, data portability, objection, restriction of processing, and blocking or erasure of inaccurate or unlawfully processed data. Requests for access, erasure, rectification, objection and/or data portability (in the latter case, provided this does not involve disproportionate effort) may be sent to the Pharmacy's address.

6) The delivery of human medicinal products pursuant to § 3 of the Distance Selling Regulation (BGBl. II No. 105/2015) is made exclusively to the person whose name has been provided to the Pharmacy. The customer is entitled to free telephone consultation by the pharmacy dispatching the human medicinal product.

7) If the product purchased by the customer is defective, the statutory warranty provisions apply.

8) Our web shop is intended for Austria. We deliver exclusively to delivery addresses in Austria.

9) Payment, prices, taxes and fees

All prices are in euros and include the applicable statutory VAT, which is also shown during the ordering process. These prices apply only to the specific order. Payment is made either by advance bank transfer, via the payment service provider Nexi nets, or on collection in person.  Payment is due upon confirmation of the order or upon collection in person. Failure to make the agreed payment entitles the Pharmacy to withdraw from the contract. All associated costs and lost profits shall be borne by the customer.

10) Right of withdrawal

Pursuant to § 18 FAGG, the customer does not have a right of withdrawal, among other cases, for distance or off-premises contracts concerning:

1. Services, if the trader began performing the service before the expiry of the fourteen-day withdrawal period, based on the consumer's express request and the consumer's acknowledgement that they would lose their right of withdrawal upon full performance of the contract, and the service was subsequently fully performed,
2. 2. Goods made to the customer's specifications or clearly tailored to their personal needs,
3. 3. Goods that may deteriorate quickly or whose expiry date would soon be exceeded,
4. 4. Goods delivered sealed which are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery,
5. 5. Goods which, after delivery, have become inseparably mixed with other items due to their nature.

Otherwise, the customer has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. To exercise the right of withdrawal, the customer must inform us at

Name, address, email, telephone number of the Pharmacy

by means of an unequivocal statement (e.g. registered letter or email) of their decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for the customer to send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired. In the event of withdrawal, the customer shall bear the costs of returning the goods.

Consequences of withdrawal: If the customer withdraws from this contract, the Pharmacy shall reimburse all payments received from the customer (with the exception of additional costs resulting from the customer's choice of a type of delivery other than the least expensive standard delivery offered by us) without undue delay and no later than fourteen days from the day on which the Pharmacy received notification of the customer's withdrawal from this contract. The Pharmacy will use the same means of payment for this reimbursement as the customer used for the original transaction, unless expressly agreed otherwise; in no event will the customer be charged any fees for this reimbursement. If the customer requested that the services begin during the withdrawal period, the customer shall pay the Pharmacy an appropriate amount corresponding to the proportion of the services already provided up to the time the customer informed the Pharmacy of the exercise of the right of withdrawal in respect of this contract, compared with the total scope of the services provided for in the contract.

The Pharmacy may withhold reimbursement until it has received the goods back or until the customer has provided evidence of having sent back the goods, whichever is earlier.

The customer must return or personally hand over the products to the Pharmacy without undue delay and in any event no later than fourteen days from the day on which they informed the Pharmacy of the withdrawal from this contract, at their own expense. The deadline is met if the customer sends the products before the fourteen-day period has expired.

The customer is liable for any diminished value of the goods only if this diminished value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Please refer to the cancellation policy for the sample and details of the withdrawal declaration.

11) Limitation of liability

The Pharmacy shall be liable for damages if it is accused of intent or gross negligence. Liability for slight negligence is excluded. Compensation for consequential damages and financial losses, unrealised savings, loss of interest and damages arising from claims by third parties is excluded in all cases, to the extent permitted by law. However, this limitation of liability does not apply to personal injury.

The Pharmacy's liability is in any event limited to a maximum amount of € 2.000.000,00, unless the customer is a consumer. If a claim against the Pharmacy arises under the Product Liability Act due to a product manufactured by the Pharmacy, claims for compensation under this Federal Act shall expire 10 years after the date on which the party liable for compensation placed the product on the market and shall become time-barred within 3 years of knowledge of the damage and the person responsible.

12) Should individual provisions of this agreement be invalid or unenforceable due to a breach of existing laws or good morals, or due to impossibility of performance, they shall be deemed amended in such a way as to make them compliant with the law and enforceable. If such an amendment is not practicable, these provisions shall be deemed repealed, without this affecting or rendering unenforceable the other rights or obligations of the parties.

13) Any amendment or supplement to the contract requires the mutual consent of the parties and must be made in writing to be valid. This provision may also only be amended in writing.

14) This contract is governed exclusively by Austrian law. Any disputes shall be subject exclusively to the local jurisdiction of the court with subject-matter jurisdiction for the Pharmacy's registered office, unless the customer is a consumer who has access to another place of jurisdiction, or another exclusive place of jurisdiction is prescribed by law.

15) Online dispute resolution

Please note that the European Commission's online dispute resolution platform may be used for disputes with the Pharmacy. It is available at the following link: https://ec.europa.eu/odr

The following national alternative dispute resolution bodies are available:

Consumer mediation: https://www.verbraucherschlichtung.at/

Internet Ombudsman: https://www.ombudsstelle.at/

The Pharmacy is neither obliged nor willing to participate in online dispute resolution.

[1] All references apply equally to persons of all genders; for ease of reading, only the masculine form is used below.