General Terms and Conditions of ASPRIVA GmbH
[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.
General Terms and Conditions
ASPRIVA GmbH
I. Scope
1. For all claims arising from and in connection with the conclusion of a contract via our online shop at www.aspriva.de (hereinafter "ASPRIVA Shop") between you as the customer and ASPRIVA GmbH, Langer Anger 7, 69115 Heidelberg, (hereinafter "we" or "ASPRIVA"), the following General Terms and Conditions in the version valid at the time of your order shall apply exclusively.
2. Customers within the meaning of these General Terms and Conditions (GTC) are consumers. Consumers are persons who order deliveries and services for purposes that cannot be attributed predominantly to their commercial or independent professional activity.
3. Any general terms and conditions you have deviating from ours will not be accepted unless we expressly agree to their validity in writing or in text form.
II. Registration, access data
1. You can place orders in the ASPRIVA shop using a guest account or after registering and creating an Aspriva customer account, where you must provide certain address and communication details truthfully and completely. Registration can take place as part of an order.
2. Your personal access data for your customer account must be treated as strictly confidential and must not be made accessible to unauthorized third parties. If your registered data changes, e.g. if your residential address changes, you are obliged to update this data in your customer account immediately.
III. Conclusion of contract
1. The presentation and advertising of products in our ASPRIVA shop does not constitute a binding offer to conclude a purchase contract.
2. You place a legally binding order via the ASPRIVA shop by clicking on the "order with payment" button or by telephone, fax, email or letter. You are bound to this order for a period of 7 days after it has been placed.
3. We will confirm receipt of your order immediately by email. This order confirmation does not constitute a binding acceptance of the order, but merely documents receipt of the order.
4. The contract is only concluded through our declaration of acceptance, which is sent with a separate email (order confirmation). With this email or a separate email, but at the latest upon delivery of the goods, you will receive the contract text (order, general terms and conditions and order confirmation) from us on a permanent data medium (email or paper printout) as a contract confirmation.
5. The contract is concluded in German. The order and the contract text are stored by us in compliance with data protection regulations and can be accessed by you, if available, via your customer account.
6. As a consumer, you have a right of withdrawal in accordance with the details set out in Section IX.
7. We only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria and Switzerland.
IV. Prices and shipping terms
1. All prices stated in the ASPRIVA shop include the applicable statutory sales tax.
2. The shipping costs will be stated on the order form in the ASPRIVA shop. Shipping is free for orders worth 100 euros or more.
3. The goods will be dispatched by post or via shipping services (such as DHL, Hermes etc.). In the event of cancellation of the order, you will have to bear the direct costs of the return shipment.
V. Terms of payment, default, offsetting, retention rights
1. You can make payments by direct debit, advance payment/bank transfer, invoice (including Klarna - purchase on account), credit card or PayPal. Payment on account is only possible within Germany and for new customers on their first order only up to an order value of 100 euros.
2. Payment of the purchase price is due immediately after conclusion of the contract. If the due date for payment is determined according to the calendar, the customer will be in default if this date is missed.
3. You are not entitled to offset your claims against ours unless your counterclaims have been legally established or are undisputed.
4. As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
VI. Delivery, availability of goods
1. Our stated delivery times are calculated from the date of our order confirmation and, unless purchase on account has been agreed, require the purchase price to be paid in advance. Unless otherwise stated, our usual delivery time is __ days.
2. If the goods are not available at the time of your order, we will inform you of this immediately in the order confirmation, if possible together with an indication of the expected delay. If the ordered goods are permanently unavailable, we must refuse to accept the order. In this case, no contract is concluded.
VII. Warranty
1. We are liable for material or legal defects in delivered items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
2. An additional guarantee only exists for the goods delivered by us if this was expressly stated in the order confirmation for the respective article.
VIII. Liability
1. We shall be liable without limitation for damages resulting from an intentional or grossly negligent breach of duty by us, our legal representatives or other vicarious agents.
2. We are liable for other negligent conduct in the event of a breach of an obligation whose fulfilment is essential for achieving the purpose of the contract and on whose compliance you can regularly rely ("cardinal obligations"). This liability applies to the extent that we could typically expect the damage caused based on the circumstances known at the time the contract was concluded. Otherwise, our liability - including that of our legal representatives and other vicarious agents - is excluded.
3. Our liability for damages resulting from injury to life, body or health or under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
IX. Right of withdrawal
1. As a consumer, you have a legal right of withdrawal when placing an order in the ASPRIVA shop, about which we inform you below as follows:
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of cancellation, you must inform us (ASPRIVA GmbH, Langer Anger 7, 69115 Heidelberg, Fax: ……, Email …….) of your decision to cancel this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or email). You may use the attached sample cancellation form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Right of withdrawal
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us (ASPRIVA GmbH, Langer Anger 7, 69115 Heidelberg) promptly and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
- End of revocation -
2. The right of withdrawal does not apply to goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.
3. Sample cancellation form: If you want to cancel the contract, please fill out the cancellation form and send it back to:
ASPRIVA GmbH
Long Anger 7
69115 Heidelberg
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*):
Received at (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s):
Date:
(*) Delete as appropriate
You can download and print the cancellation form directly here. [Please create online form and insert link]
X. Data protection
1. We always process your personal data in accordance with all applicable data protection laws. Please note our privacy policy at [insert link]
XI. Online dispute resolution
1. The EU Commission provides an internet platform for online dispute resolution (so-called "OS platform"). The OS platform is currently accessible via the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks . We are neither willing nor obliged to participate in dispute resolution proceedings of consumer arbitration boards, insofar as our ASPRIVA-Shop platform falls within the scope of this regulation.
XII. Applicable law, place of jurisdiction and severability clause
1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
2. If you are a merchant and are based in Germany at the time of ordering, the exclusive place of jurisdiction is the respective registered office of ASPRIVA GmbH. Otherwise, the applicable legal provisions apply to local and international jurisdiction.
3. Should individual provisions of these General Terms and Conditions be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid or ineffective provision, the parties shall agree on a provision that comes closest to the purpose intended by the invalid or ineffective provision. This also applies to filling any gaps in the contract.
As of: 23.04.2024