Terms & Conditions
This is a courtesy translation of the original German Terms and Conditions. In the event of any discrepancies or differences in interpretation, the original German version will prevail.
I. SCOPE
1. These Terms and Conditions, in the version applicable at the time the contract is concluded, apply to all contracts concluded through our online shop (hereinafter the “ASPRIVA Shop”) and to orders placed by email between you and ASPRIVA GmbH, Langer Anger 7, 69115 Heidelberg (hereinafter “ASPRIVA”).
2. Customers are consumers within the meaning of Section 13 of the German Civil Code (BGB) or entrepreneurs within the meaning of Section 14 BGB. This includes, in particular, pharmacies and commercial resellers. Provisions expressly applicable only to consumers or entrepreneurs apply exclusively to the respective customer category.
3. Any deviating general terms and conditions of the customer shall apply only if ASPRIVA expressly agrees to their application.
II. REGISTRATION AND ACCESS CREDENTIALS
1. Orders in the ASPRIVA Shop may be placed as a guest or through a customer account. When registering, the required address and contact details must be provided completely and accurately.
2. Access credentials must be kept confidential and protected against unauthorised access. Changes to stored details may be updated in the customer account.
III. CONCLUSION OF CONTRACT
1. The presentation of products in the ASPRIVA Shop does not constitute a binding offer to conclude a purchase contract.
2. By clicking the button to place an order with an obligation to pay, you submit a binding offer to purchase the products in your shopping cart. Orders placed by email also constitute an offer, provided that they identify the products ordered and the necessary order details with sufficient precision.
3. An automated acknowledgement of receipt merely confirms that the order has been received and does not, in itself, constitute acceptance of the offer.
4. The contract is concluded when we expressly accept the offer, for example by sending a separate order confirmation by email. Consumers receive confirmation of the contract on a durable medium in accordance with statutory requirements.
5. Contracts concluded through the ASPRIVA Shop are concluded in German. Orders and contract data are processed and stored in accordance with our Privacy Policy. Where a customer account exists, available order details can be viewed there.
6. Consumers have the statutory right of withdrawal described in Section IX, unless a statutory exclusion applies.
7. Available delivery options and delivery territories are specified in the ASPRIVA Shop and in the respective order.
IV. PRICES AND SHIPPING
1. Prices displayed to consumers in the ASPRIVA Shop include the applicable statutory value added tax. For business customers, the prices agreed upon conclusion of the contract apply.
2. Applicable shipping charges and any conditions for free shipping are displayed in the ASPRIVA Shop. Shipping charges for the relevant order are shown before the order is submitted. Further information: Shipping information.
3. Delivery is carried out by the shipping providers offered at the relevant time. The costs of returning goods following withdrawal are governed by Section IX.
V. PAYMENT TERMS, DEFAULT, SET-OFF AND RIGHTS OF RETENTION
1. The payment methods offered during checkout in the ASPRIVA Shop apply, or, for orders placed by email, the payment terms individually agreed upon.
2. The purchase price is due at the time agreed upon conclusion of the contract. Otherwise, the statutory provisions on default in payment apply.
3. Set-off against counterclaims is permitted where such counterclaims are undisputed or have been established by a final court decision. Statutory rights of set-off remain unaffected.
4. A right of retention may be exercised insofar as it is based on the same contractual relationship. Mandatory statutory rights remain unaffected.
VI. DELIVERY AND AVAILABILITY OF GOODS
1. Delivery times and conditions are specified in the ASPRIVA Shop or in the individual order confirmation. Where advance payment has been agreed, a stated delivery period does not begin until payment has been received.
2. If an ordered product is unavailable, we will inform you accordingly. In such cases, we will not accept the order insofar as we are unable to fulfil it.
3. Further information about shipping and delivery is available at Shipping.
VII. STATUTORY WARRANTY RIGHTS
1. Statutory provisions apply to defects in quality and title. For consumers, the standard limitation period for claims relating to defects in newly purchased goods is two years from delivery.
2. An additional guarantee applies only where expressly granted. Statutory warranty rights are not restricted thereby.
3. Information about handling returns and complaints is available at Returns and complaints. Statutory rights remain unaffected.
VIII. LIABILITY
1. ASPRIVA is liable without limitation for damage caused by intentional or grossly negligent breaches of duty by ASPRIVA, its legal representatives or persons employed to perform its obligations.
2. In cases of ordinary negligence, ASPRIVA is liable for breaches of material contractual obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the customer may regularly rely, limited to foreseeable damage typical of the contract. Otherwise, liability for ordinary negligence is excluded to the extent permitted by law.
3. Liability for injury to life, body or health and liability under the German Product Liability Act remain unaffected.
IX. RIGHT OF WITHDRAWAL FOR CONSUMERS
1. Consumers generally have a statutory right of withdrawal in the case of distance contracts. The withdrawal instructions are as follows:
Withdrawal Instructions
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire 14 days after the day on which you, or a third party designated by you other than the carrier, takes physical possession of the goods.
To exercise the right of withdrawal, you must inform us (ASPRIVA GmbH, Langer Anger 7, 69115 Heidelberg, Germany, email: widerruf@aspriva.com) of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.
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.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (except for supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must send back the goods or hand them over to ASPRIVA GmbH, Langer Anger 7, 69115 Heidelberg, Germany, without undue delay and in any event no later than 14 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 14 days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of Withdrawal Instructions
2. Pursuant to Section 312g(2) No. 3 BGB, the right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery. This applies to appropriately sealed ASPRIVA products where the statutory conditions are met. Merely opening the outer shipping carton does not exclude the right of withdrawal. What matters is the removal of the product's hygiene seal.
3. Additional information: Withdrawal and Returns and complaints. Statutory consumer rights remain decisive.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete and return this form.)
To:
ASPRIVA GmbH
Langer Anger 7
69115 Heidelberg
Germany
Email: widerruf@aspriva.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted on paper):
Date:
(*) Delete as appropriate.
X. DATA PROTECTION
1. We process personal data in accordance with applicable data protection laws. Details are provided in our Privacy Policy.
XI. CONSUMER DISPUTE RESOLUTION
1. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body, unless a statutory obligation applies.
XII. APPLICABLE LAW AND JURISDICTION
1. The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually resident in another country, mandatory consumer protection provisions of that country remain unaffected insofar as they apply under the relevant conflict-of-law rules.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, Heidelberg shall be the place of jurisdiction to the extent permitted by law. Otherwise, statutory rules on jurisdiction apply.
3. If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions remains unaffected. The statutory provisions shall apply in place of any invalid provision.
XIII. SUBSCRIPTION ORDERS
1. Selected products may be ordered on a subscription basis in the ASPRIVA Shop at the delivery intervals offered there.
2. Special subscription conditions, discounts and delivery intervals are displayed in the ASPRIVA Shop and shown before the order is placed. The conditions agreed upon conclusion of the respective subscription are decisive.
3. Payments are collected using the selected payment method in accordance with the payment terms displayed when the subscription is concluded.
4. Subscriptions may be cancelled at any time with effect for future deliveries that have not yet been bindingly initiated. Cancellation is possible through the customer account or by email to service@aspriva.com. Payment claims already arising from validly placed orders remain unaffected.
5. Delivery intervals or subscribed products may be changed using the functions provided for this purpose, insofar as the change takes effect before the next delivery is bindingly initiated.
6. Changes to existing contractual terms require a valid contractual basis or an agreement with the customer. We will inform affected customers if subscription products are discontinued.
XIV. BUSINESS TRANSACTIONS WITH COMMERCIAL CUSTOMERS
1. Deliveries to entrepreneurs, in particular pharmacies and commercial resellers, are made exclusively on the basis of purchase contracts pursuant to Sections 433 et seq. BGB. Orders may be placed through the ASPRIVA Shop or by email.
2. The buyer undertakes to accept goods delivered in accordance with the contract and to pay the agreed purchase price. Goods are sold for the buyer's own account and are not supplied on commission.
3. Goods on commission, consignment stock, goods supplied on approval for resale and comparable arrangements are excluded unless a separate agreement is expressly concluded. There is no entitlement to return unsold goods.
4. Goods intended for resale that are free from defects are excluded from voluntary returns or exchanges, even if the buyer has been unable to resell them. No statutory consumer right of withdrawal applies to orders placed in the capacity of an entrepreneur. Statutory rights relating to defects remain unaffected.
5. The delivered goods remain the property of ASPRIVA GmbH until the respective purchase price has been paid in full (retention of title pursuant to Section 449 BGB).
6. Where the purchase constitutes a commercial transaction for both parties, the duties to inspect the goods and notify defects under Section 377 of the German Commercial Code (HGB) apply subject to the statutory requirements.
Version date: 1 December 2024