TERMS & CONDITIONS

§ 1 General

The “Terms & Conditions” set out below apply to all business relationships established via the therapist portal rezeptur.de of Burg-Apotheke Königstein. They govern the terms of delivery and payment exclusively and conclusively. The Terms & Conditions in the version valid at the time of the order are authoritative; subsidiary agreements and deviating conditions of purchase of the purchaser and/or any verbal agreements are only binding if they have been confirmed in writing by Burg-Apotheke.

By placing an order, a purchaser accepts these Terms & Conditions.

The law of the Federal Republic of Germany, as it applies to transactions between German nationals in Germany, will apply exclusively to the business relationship, in particular to orders and deliveries and to disputes that may arise in connection with the contractual relationship.

§ 2 Conclusion of a contract
(1) The information we provide on the Internet is non-binding; it does not constitute an offer to conclude a contract of sale, but rather a non-binding invitation to the customer to submit an offer to conclude a contract of sale by placing an order. The contract of sale is then concluded upon acceptance by the seller.

In the case of the payment method “advance payment”, the contract of sale is deemed accepted when the order is confirmed by e-mail, provided no prescription drugs are involved. In all other cases, the immediate acknowledgement of receipt of the order by e-mail does not yet constitute acceptance of the offer; the contract is only concluded when we accept the incoming customer’s offer by issuing an invoice or by sending the goods.

(2) The acceptance of orders by Burg-Apotheke depends especially on whether the delivery of the goods ordered by means of dispatch is permissible based on de facto and/or legal reasons. If the dispatch of the goods ordered, in particular in the case of medicines, is not permissible for legal reasons, or if they are not suitable for dispatch due to their nature, the pharmacy will not accept the offer of a sales contract and will notify the customer immediately.

If goods ordered are not (or are no longer) marketable, e.g. because the necessary marketing authorisation is missing or because, according to the current state of scientific knowledge, there is a well-founded suspicion that, when used as intended, they have harmful effects which go beyond what is acceptable according to the findings of medical science (Section 5 of the German Medicines Act – AMG), the offer to conclude a sales contract will not be accepted either. The same applies if there are technical reservations regarding the manufacture or supply of a medicine. In such a case, the pharmacy is prohibited from dispensing a medicinal product in accordance with Section 17 of the Pharmacy Operating Regulations and from manufacturing a medicinal product in accordance with Section 7 of said regulations.

(3) In the case of medicinal products supplied only on prescription or on the basis of a doctor’s/dentist’s prescription, the order will not be accepted until the prescription has been presented. If the pharmacy is responsible for the selection of the preparation on the basis of the prescription (e.g. in the case of a prescription based on the name of the active ingredient or the indication “aut idem” on the prescription, i.e. if the possibility of exchanging the preparation is provided for), the contract for the preparation selected by the pharmacist is concluded upon acceptance.

(4) In accordance with Section 17 (2a) (7) of the Pharmacy Operating Regulations, we are obliged to inform you that as a prerequisite for the delivery of medicines, you must include a telephone number with your order under which the pharmacy’s pharmaceutical staff can advise you free of charge including by using telecommunication systems.

(5) Invitations to submit an offer for in-house production are addressed to persons, institutions, authorities and businesses using the products in their business or professional capacity. This group of persons is obliged to provide Burg-Apotheke with evidence of membership of their therapeutic professional group for the purpose of verification and activation for the therapist area. Evidence is to be sent to:

Burg-Apotheke Königstein
Pharmacist Uwe-Bernd Rose
Frankfurter Strasse 7
61462 Königstein
Germany

E-mail: [email protected]

Fax: +49 6174 9929-699

§ 3 Cancellation policy
Right of revocation
Only consumers within the meaning of Section 13 of the German Civil Code (BGB) are entitled to a right of withdrawal. In accordance with Section 312d (4) BGB, the right of withdrawal is excluded if the contract is for the delivery of goods that are manufactured according to the consumer’s specifications, that are clearly tailored to the personal needs of the patient, that are not suitable for return due to their nature, that can spoil quickly or whose expiration date would be exceeded.
There is therefore no right of withdrawal for e.g. any compounded pharmaceutical preparations or for medical devices that are sent according to your specifications as custom-made products. However, we will provide replacement for goods delivered incorrectly or which are damaged.

The right of withdrawal will lapse prematurely in the case of 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, or for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.

§ 4 Delivery and dispatch
Delivery is made at the request of the purchaser ex warehouse to the delivery address specified by the purchaser/customer and to the delivery person specified by the purchaser/customer (named natural person or named group of persons = addressee) by a logistics service provider commissioned by Burg-Apotheke. This results in costs of EUR 5.90 for purchasers/customers within Germany. Burg-Apotheke reserves the right to charge for any partial deliveries abroad requested by the customer. Foreign customers will be informed should partial deliveries be necessary. The regular shipping costs can be charged for partial deliveries requested by the customer.

Within the Federal Republic of Germany, delivery will be made to the address requested by the customer, as well as to other Member States of the European Union, insofar as delivery is permitted under the regulations of the pharmaceutical law applicable there. This is generally the case for all pharmacy-only medicines; prescription medicines can also be sent to most Member States of the European Union.

Shipment to countries that are not members of the European Union must be examined on a case-by-case basis for permissibility under pharmaceutical and customs law.

Delivery or dispatch of the ordered goods within Germany is free of shipping costs if the order value exceeds € 40. A flat-rate delivery charge of € 5.90 will be charged for orders below an order value of € 40. Orders of prescription drugs are generally not subject to delivery charges. This only applies to a standard delivery within Germany. Standard delivery is effected by Deutsche Post AG, the company entrusted with transport. Express deliveries will be effected by GO! Express & Logistics (Deutschland) GmbH, the company entrusted with transport in this case.

The purchaser/customer is requested to enquire about the costs for dispatch/delivery outside Germany when placing an order, insofar as these are not indicated in the shop.

§ 5 Delivery period
Dispatch is usually effected within two working days after receipt of the order or after receipt of payment for advance payment orders or receipt of a prescription for prescription orders. Exceptions are possible if the ordered medication is not available in time or if a different agreement has been made with the purchaser. The purchaser will be informed in an appropriate manner in such cases.

Events such as force majeure, measures in connection with industrial disputes and other unforeseen circumstances, including non-delivery by our suppliers for which we are not responsible, entitle us to extend delivery periods appropriately by the duration of the hindrance, but no longer than two weeks from the date of order. A delay will only be deemed to have occurred after a reasonable grace period has been set. Should the delay last longer, the customer may set a reasonable deadline for performance and withdraw from the contract if this deadline expires without result. We are also entitled to withdraw from the contract after a period of six weeks from the order. Any claims for damages are excluded unless we are responsible for the delay.

§ 6 Reasonable extension of the delivery period in the case of unforeseen circumstances
We will extend an agreed delivery period by a reasonable extent if we are prevented from fulfilling our obligations in good time.In the event of force majeure or other unforeseeable, extraordinary circumstances beyond our control e.g. operational disruptions, strikes, official measures, supply difficulties, delays in the delivery of essential materials – even if they occur at our supplier’s premises – and associated production difficulties.

§ 7 Exemption from the obligation to deliver in case of impossibility
We will be released from the obligation to deliver if delivery becomes impossible due to the circumstances listed in section 6. The same applies to cases where delivery is deemed unreasonable. The customer will be informed of this immediately and any monetary consideration already paid by the customer will be reimbursed immediately.

§ 8 Purchase price, extra payment, terms of payment
The purchase price is due immediately upon conclusion of the contract. All prices are final prices in euros and include the statutory value added tax plus any shipping costs that may be applicable (see section 4).

We offer the following payment methods:

– Cash payment on collection or courier delivery

– Advance payment

Where you are not yet a customer of Burg-Apotheke, the invoice amount for all first-time orders is payable in advance or in cash upon collection and/or courier delivery. You can choose between payment methods of invoice, direct debit or Paypal from your 2nd order onwards.

– SEPA direct debit

(If you choose this method of payment for the first time, we would ask you to give us a direct debit mandate when ordering online. If you select the “SEPA direct debit” payment option, the amount due will be collected 5 working days after the invoice or value date. Notification of collection will be given on the individual invoice.)

Invoice

We reserve the right to restrict the payment methods in some cases . The purchaser/customer will be liable for any charges made by banks as a result of incorrect account details or payment reversals for which Burg-Apotheke is not responsible.

If the orderer/customer is in default of payment, Burg-Apotheke is entitled to interest on arrears from the time of default at the applicable statutory rate. Default interest is due immediately. We will be entitled to claim for higher loss or damage caused by delay if we can provide evidence of such.

All payments are to be made exclusively to the following account:

Deutsche Apotheker- und Ärztebank eG

IBAN DE45 3006 0601 1004 8011 05

BIC DAAEDEDDXXX

§ 9 Reservation of title
Delivered goods will remain the property of Burg-Apotheke until the purchase price has been paid in full.

§ 10 Offsetting
The purchaser/customer only has the right to offset if their counterclaims have been legally established or expressly acknowledged in writing by Burg-Apotheke.

§ 11 Warranty / liability
(1) All medicines from our shop are covered by statutory warranty rights. In the event of a defect in the goods, Burg-Apotheke is entitled, at the discretion of the purchaser/customer, to make a subsequent delivery or rectify the goods. If rectification finally fails, or if subsequently delivered goods are also defective, the purchaser/customer can demand a refund of the agreed price against return of the goods or a reduction in the purchase price.

(2) Burg-Apotheke will be liable in cases of intent or gross negligence in accordance with statutory provisions. However, it shall be liable without limitation for any damage for which it is responsible arising from injury to life, body or health, as well as in the event of wilful intent, gross negligence and malice. Any claim for damages resulting from a slightly negligent breach of material contractual obligations will be limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, body or health. The online shop is liable to the same extent for the fault of vicarious agents and representatives. Liability under the Product Liability Act (ProdHaftG) or arising from warranty remains unaffected.

Further claims on the part of the purchaser/customer other than those mentioned – regardless of their legal basis – are excluded.

The provisions of this section cover damages in addition to performance, damages in lieu of performance and claims for compensation for wasted expenditure, irrespective of the legal grounds, including liability for defects, delay or impossibility.

§ 12 Disclaimer
Utmost care was taken in preparing the contents of our website. However, we cannot assume any liability regarding accuracy, completeness and timeliness. As a service provider we are responsible for all published content on this website in accordance with Section 7 (1) of the Telemedia Act (TMG). Nevertheless, Sections 8 to 10 TMG do not oblige us as a service provider to monitor third-party information provided or stored on our website or to search for circumstances that might indicate unlawful activities. Obligations to remove or block the use of information in accordance with general legislation remain unaffected. However, such liability is only possible from the moment that a concrete breach of the law becomes known. We will remove any such content immediately once a corresponding breach of the law is made known to us.

§ 13 Data privacy
When placing an order, the purchaser/customer is aware and explicitly consents that the data necessary for the order and for order processing will be stored on data media in compliance with the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG) and treated confidentially. The purchaser/customer explicitly agrees to the collection, processing and use of their personal data. The purchaser/customer can withdraw this consent at any time with effect for the future. In this case, Burg-Apotheke undertakes to erase the personal data without delay, provided that all order processes have been completed. Burg-Apotheke is entitled to use a service provider for order processing and to transfer all rights and obligations arising from this agreement to such service provider.

It is only possible to use our website if personal data are provided.

Insofar as personal data (e.g. name, address or e-mail addresses) are collected on our website, this is always done on a voluntary basis wherever possible. These data will not be disclosed to any third party without your express consent.

We must point out that data transmission over the Internet (e.g. in the case of e-mail communication) can be subject to gaps in security. It is not possible to protect data against access by third parties entirely.

We hereby explicitly reject the use by third parties of information published in accordance with our legal obligation to provide contact information to send us advertising material and information that we have not explicitly requested. The operators of this website explicitly reserve the right to take legal action in the event of unsolicited sending of advertising information, e.g. in the form of spam mails.

Data privacy policy regarding the use of Google Analytics
This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, which are text files placed on your computer to help the website analyse how you use the site. The information generated by the cookie about your use of the website will generally be transferred to one of Google’s servers located in the USA and stored there. However, if IP anonymisation is activated for this website, Google will abridge your IP address within a Member State of the European Union or another state party to the Treaty on the European Economic Area.
The full IP address will only be transferred to one of Google’s servers located in the USA and abridged there in exceptional cases. Google will use this information on behalf of the website operator for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services to the website operator relating to website activity and Internet usage. The IP address transferred by your browser as part of Google Analytics will not be associated with any other data held by Google.
You may refuse to have cookies stored by selecting the appropriate settings in your browser; however, please note that if you do this you may not be able to use all the features of this website to their full extent. Furthermore, you can prevent the data generated by the cookie relating to your use of the website (including your IP address) from being captured and sent to Google, and also prevent Google from processing these data, by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

Data privacy policy regarding the use of Facebook plugins (Like button)
Our pages integrate plugins from the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. You can recognise Facebook plugins by the Facebook logo or the “Like” button on our website. You can find an overview of Facebook plug-ins here: http://developers.facebook.com/docs/plugins/.
When you visit our site, the plugin will establish a direct connection between your browser and the Facebook server. This will provide Facebook with the information that you have visited our site and with your IP address. Clicking on the “Like” button when you are logged into your Facebook account allows you to link the content of our pages to your Facebook profile. This will enable Facebook to assign our pages to your user account. We must point out that we, as providers of the website, receive no information about the content of the data that are transferred or about how they are used. You can find further information about this in Facebook’s privacy policy at https://www.facebook.com/policy.php
If you do not wish Facebook to be able to assign your visit to our website, please log out from your Facebook user account.

Data privacy policy relating to the use of Twitter
Features of the Twitter service have been integrated into some of the pages of our website. The provider of these functions is Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. Using Twitter and the “Retweet” function will link the web pages you visit to your Twitter account and disclose them to other users. This also involves the transfer of data to Twitter.
We must point out that we, as provider of the website, receive no information from Twitter about the content of the data that are transferred or about how they are used. You can find further information about this in Twitter’s privacy policy at http://twitter.com/privacy.
You can change your Twitter data protection settings at http://twitter.com/account/settings.

§ 14 LINKS
As content provider within the meaning of Section 7 TMG, we are responsible under general law for our “own content” which we make available for access over the Internet. A distinction must be made between this own content and cross-references (“links”) that refer to content from other providers. Such links mean that we make ” third-party content ” available for use; this is marked accordingly. Links” are invariably “living” (dynamic) references. When we first established the link, we did not check the third-party content for possible civil or criminal liability; a permanent check of all content referred to on our website does not take place. If we discover, or if we are informed by others, that specific third-party content to which we have provided a link triggers civil or criminal liability, we will remove the reference to such content. The provider of the site to which reference is made bears sole liability for potentially illegal, incorrect or incomplete content as well as for damage resulting from the use of third-party content. Since we have no influence on the design and content of the linked pages, we hereby explicitly distance ourselves from all content of websites that are xenophobic, glorify violence, endanger young people or otherwise violate applicable law.

§ 15 Place of performance and place of jurisdiction
(1) The place of performance for all obligations arising from the contractual relationship is Königstein im Taunus.

(2) The place of jurisdiction for any disputes arising in connection with this contractual relationship will be Königstein im Taunus for registered traders, legal entities under public law or special assets under public law.

(3) If the customer has no general place of jurisdiction in Germany or in another EU Member State, the sole place of jurisdiction for all disputes arising in connection with this contract shall be Königstein im Taunus.

§ 15 Copyright
The content created by Burg-Apotheke on this website are subject to German copyright law. The reproduction, processing, distribution and any kind of utilisation beyond the scope of copyright law require the written consent of the relevant author / creator. Third-party copyright has been observed in all cases where the operator of this website did not create the content. Third-party content in particular is identified as such. We would nevertheless ask you to notify us accordingly if you encounter any breach of copyright. We will remove any such content immediately once a corresponding breach of the law is made known to us.

§ 16 Severability
The invalidity of one or more provisions in these “Terms & Conditions” will not affect the validity of the other provisions. In particular, the effectiveness of the contract will not be affected by the invalidity of one or more provisions.