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. For all claims arising from and in connection with the conclusion of a contract via our online store at www.aspriva.de (hereinafter “ASPRIVA Store”) between you as a customer and ASPRIVA GmbH, Langer Anger 7, 69115 Heidelberg, (hereinafter “we” or “ASPRIVA”), the following General Terms and Conditions of Business apply exclusively in the version valid at the time of your order.
2. Customers in the sense of these General Terms and Conditions (GTC) are consumers. Consumers are persons who order the goods and services for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
3. Any of your general terms and conditions that differ from these will not be recognized 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 either as a guest or after registering and setting up an Aspriva customer account, where you must truthfully and completely provide certain address and communication data. Registration can take place as part of an order.
2. Your personal access data for your customer account must be treated in strict confidence and must not be made accessible to unauthorized third parties. If your registered data changes, e.g. if you change your address, 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 yet constitute a binding offer to conclude a purchase contract.
2. An order is placed by you in a legally binding manner via the ASPRIVA shop by clicking the button “order subject to payment” or by telephone, fax, e-mail or letter. You are bound to this order for a period of 7 days after placing it.
3. We will confirm receipt of your order immediately by e-mail. This order confirmation does not yet constitute a binding acceptance of the order, but merely documents the receipt of the order.
4. The contract is only concluded upon our declaration of acceptance, which is sent in a separate e-mail (order confirmation). With this e-mail or a separate e-mail, but no later than upon delivery of the goods, you will receive the contract text (order, terms and conditions and order confirmation) from us on a durable medium (e-mail or paper printout) as confirmation of the contract.
5. The contract is concluded in German. We store the order and the contract text in compliance with data protection and you can access it via your customer account, if available.
6. As a consumer, you also have a right of withdrawal as specified in Section IX.
7. We only deliver to customers who have their usual place of 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 DELIVERY TERMS
1. All prices quoted in the ASPRIVA shop include the applicable statutory sales tax.
2. The shipping costs incurred will be indicated to you in the order form in the ASPRIVA shop. We offer free shipping on all orders with a value of 100 euros or more.
3. The goods will be shipped by post or via shipping services (such as DHL, Hermes, etc.). In the event of an order cancellation, you will have to bear the direct costs of the return shipment.
V. TERMS OF PAYMENT, DEFAULT, SET-OFF, RIGHT OF RETENTION
1. You can make payments by direct debit, prepayment/bank transfer, invoice (including Klarna – purchase on invoice), by credit card or PayPal. Payment on invoice is only possible domestically and for new customers for a first order only up to a goods order value of 100 euros.
2. Payment of the purchase price is due immediately after the contract is concluded. If the due date of the payment is determined by the calendar, the customer shall be in default by missing this date.
3. You are not entitled to offset against our claims 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, assume that the purchase price has been paid in advance. Unless otherwise stated, our usual delivery time in Germany is 3-4 working 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 stating the expected delay. If the ordered goods are permanently unavailable, we must decline acceptance of the order. In this case, no contract is concluded.
VII. WARRANTY
1. We are liable for material defects or defects of title of delivered items according to the applicable legal regulations. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
2. An additional guarantee exists for the goods delivered by us only if this was expressly stated in the order confirmation for the respective item.
VIII. LIABILITY
1. We shall be liable without limitation for damages insofar as these are based on an intentional or grossly negligent breach of duty by us, our legal representatives or other vicarious agents.
2. For other negligent behavior, we are liable on the merits for breach of duty, the fulfillment of which is essential to achieve the purpose of the contract and on the observance of which you may regularly rely (“cardinal duties”). This liability applies to the extent that we had to typically expect the damage caused according to the circumstances known at the time of the conclusion of the contract. Otherwise, our liability - including for our legal representatives and other vicarious agents - is excluded.
3. Our liability for damages arising from injury to life, limb or health or under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
IX. RIGHT OF REVOCATION
1. As a consumer, you have a statutory right of revocation when you place an order in the ASPRIVA shop, about which we will inform you as follows:
Cancellation policy
You have the right to revoke this contract within 14 days without stating any reasons. The revocation period shall be 14 days with effect from the day on which you or a third party nominated by you, which is not the carrier, had taken possession of the products. To exercise your right of withdrawal, you must inform us (ASPRIVA GmbH, Langer Anger 7, 69115 Heidelberg, Fax: 0622118748589, widerruf@aspriva.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached sample revocation form, but this is not mandatory. To meet the revocation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the revocation period has expired.
Right of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof 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) without delay and in any case 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 shall bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- End of cancellation policy -
2. The right of withdrawal does not apply to goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.
3. Model revocation form: If you wish to revoke the contract, please fill out the revocation form and send it back to:
ASPRIVA GmbH
Langer Anger 7
69115 Heidelberg
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*):
Received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s):
Date:
(*) Delete as applicable
You can view and print the revocation form directly here.
X. Data protection
1. We always process your personal data in accordance with all applicable data protection laws. Please note our data protection declaration at https://aspriva.com/en/pages/privacy.
XI. Online dispute resolution
1. The EU Commission provides an internet platform for the online resolution of disputes (so-called “OS platform”). The OS platform is currently available at 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 platform ASPRIVA-Shop 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 shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and at the time of your order you have your habitual residence in another country, the connection of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.
2. If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the respective registered office of ASPRIVA GmbH. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
3. Should individual provisions of these GTC be or become void or ineffective in whole or in part, the effectiveness of the remaining provisions shall not be affected. In place of the ineffective or void provision, the parties shall agree on a provision that most closely approximates the purpose intended by the ineffective or void provision. This shall also apply to the filling of any contractual gaps.
As of: 23.04.2024