General Terms and Conditions
These general terms and conditions contain only the conditions in force between you and us, insofar as these have not been modified by written agreements between you and us. Deviating conditions from you will not be accepted unless we agree, exclusively in writing, to their validity.
You will be notified of changes to these general terms and conditions on our website, in writing, by fax or by e-mail.
1. Register as a customer
Your registration on our trading system is free. There is no right of admission to our trading system. Only persons capable of acting in an unlimited manner are authorized to participate in the trading system. At our request you must send us a photocopy of your identity card. To be admitted, you must electronically complete the registration form that you can find on our website and send it back to us. The data necessary for registration must be indicated completely and truthfully. When registering, please indicate your e-mail address and choose a password. You must keep your password secret and not communicate it to third parties under any circumstances.
Except for the declaration of your consent to the validity of these general contract conditions, your registration does not assume any commitment. Registration does not oblige you to purchase the goods we offer.
If your personal information changes, you are responsible for updating it. You can make changes online after registering in "my account".
2. Conclusion of the contract
All offers in our shop are without obligation. The order is placed by submitting the completely completed order form online, in writing, by fax or by telephone.
By providing us with your order, you assure us that the recipient of the goods is at least 18 years old.
After ordering, you will receive an order confirmation via email which contains the contract data, the legally required revocation notice and our general terms and conditions in text form. Subject to subsequent regulations, a contract of sale on the items ordered is created between you and us after receiving the order confirmation.
When ordering prescription drugs, this only applies if you have a valid prescription.
We do not ship refrigerants, narcotics and prescription drugs for animals.
We do not deliver prescription drugs to Austria.
Orders from abroad or deliveries abroad are only possible within Europe.
The languages available for the conclusion of the contract are in Italian.
The text of the contract will be stored and the contract data will be listed in the order confirmation which you can print after receiving the email.
3. Shipping
We ship the ordered medicine within 8 working days after receiving the order, if the medicine is available in this period and only if we have not made any other agreements with you.
We will ship other usual pharmacy goods within two working days after receiving your order unless something else is stated in the offer.
For deliveries abroad in Europe, delivery times are between 8 working days, depending on the individual country.
If we notice that the goods ordered cannot be dispatched within the aforementioned times, we will notify you immediately by e-mail.
If after the conclusion of the contract, a product is not available, because the supplier has not supplied us with the goods through no fault of ours, or because there is a case of force majeure or because there are other reasons for not having supplied the goods, that we do not accept, we can withdraw from the contract. In this case we will inform you immediately and possibly propose to supply you with a similar product. If a similar product is not available or if you do not wish to have similar products, we will immediately refund the compensation that you may have already paid.
The shipment takes place at the customer's choice to the shipping address indicated by him. The customer will ensure that the circle of persons is authorized to take delivery of the goods at the indicated delivery address. If a delivery is not possible, we will ensure that you receive a second delivery free of charge.
4. Prices
The prices indicated by us are intended as final prices, including taxes and shipping within the Federal Republic of Germany. The Shipping fees that arise are made before completing the order and are listed separately on the invoice.
5. Payment
We offer you the following payment types:
Stripe
Klarna
Satispay
Bank transfer.
We reserve the right to exclude payment types. In this case we will inform you immediately.
The purchase price must be paid immediately, without discount, after receiving the invoice. This price includes the gross price indicated, including VAT.
If the customer delays in payment, we are entitled to late payment interest of 5 percentage points more than the corresponding basic interest of the European Central Bank. If we can prove greater damage resulting from the delay, we are entitled to assert this.
6. Retention of title
The delivered goods remain in our property until the costs have been fully covered.
If you are more than 10 days late with payment, we have the right to withdraw from the contract and demand the return of the goods.
7. Right of revocation
You have a right of revocation. Regarding the conditions and legal consequences of the right of revocation, we refer you to the revocation notice.
If you make use of your right of revocation, you must bear the costs of reshipment if the delivered goods correspond to those ordered and if the price of the returned goods does not exceed an amount of 40 Euros or if at the time of revocation the price of the goods is more high and the consideration or a contractually agreed installment payment has not yet been provided. Otherwise, reshipment is free. We come to collect the goods from your home. To receive a refund of payments, commitments must be fulfilled within 30 days. The deadline begins for you with the dispatch of the revocation declaration or the item, for us when we receive it.
8. Warranty
If the delivered goods are defective, within the scope of the legal provisions, you are entitled to request compensation, to withdraw from the contract or to reduce the sales price.
10. Conventional limitation of liability
We guarantee for fraud and gross negligence. We also guarantee for negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible, the breach of which puts at risk the achievement of the purpose of the contract and for the fulfillment of what you as a customer trust. In the last case mentioned, however, we only guarantee for foreseeable and contractual damage. We only guarantee for slightly negligent violations of obligations mentioned in the previous sentences.
The previous exclusions of liability do not apply in case of violation of lives, bodies and health. Liability under product liability law is not affected.
11. Jurisdiction, applicable law, miscellaneous
The place of jurisdiction for all disputes arising from this contractual relationship is, for all traders and for all persons who do not have a general place of jurisdiction in the national territory. For business relationships, exclusively German law applies with the exception of the agreement of the United Nations on international procurement contracts – CISG.
Modifications or additions to these general contract conditions must be presented in writing. This also applies to the abolition of this written form requirement. Faxes and documents in text form do not correspond to the requirement of written form.
12. Safeguard clause
If individual provisions of the contract including this regulation are completely or partially ineffective, or if the contract contains a gap, the effectiveness of the other provisions or parts of these provisions remains intact.
Hamburg 05/21/2014
Herbal medicine
Lyngby Hovedgade 10c,
2800 Kongens Lyngby,
Copenhagen, Denmark
Right of withdrawal
You have the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party nominated by you who is not the courier took possession of the last goods.
To obtain a refund you must contact us in writing (for example a letter sent by post, or email) of your decision to withdraw from this contract. To this end, it is possible (but not mandatory) to use the attached withdrawal form.
You can send us an email at info@erborfarma.com or send us a letter to ERBOFARMA
To comply with the cancellation deadline, it is sufficient to send the notification of exercise of the right of withdrawal and the purchased goods before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we will pay you all payments we have received from you, including delivery costs (with the exception of additional costs that arise from choosing a different type of delivery than the cheapest standard delivery offered by us), to be reimbursed immediately and at the latest within fourteen days from the day on which we received notification of your termination of this contract. For this refund we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; Under no circumstances will you be charged any fees for this refund. We may refuse a refund until we have received the goods back or you have provided evidence that you have sent back the goods.
You must return or deliver the goods to ERBOFARMA immediately and in any case within fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
The direct costs of returning the goods are borne by the customer.
You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods which is not necessary to verify the nature, properties and functionality of the goods.
Reasons for exclusion or expiration
The right of withdrawal does not apply in the following cases:
– for the delivery of goods which are not pre-packaged and for the production of which an individual selection or determination by the consumer is decisive or which are clearly adapted to the personal needs of the consumer;
– for the delivery of goods which may deteriorate rapidly or which require refrigerated transport or whose expiry date would quickly exceed;
– for the delivery of alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on the fluctuations of the market on which the entrepreneur has no influence;
– for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.
The right of withdrawal expires early in the case of contracts
– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
– for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.