General terms and conditions (GTCs) of the online pharmacy www.eumed.ro
GTCs updated: 22.12.2023
§ 1 General, scope of application
(1) The following General Terms and Conditions (GTCs) are part of all contracts between the company Sonnen-Apotheke BV, owner: Ciprian Militaru, registered merchant, Pannenberg 12A, 5951 DM, Belfed, (hereinafter: the "Supplier") and the end user (hereinafter:the "Customer") who orders or pre-orders goods via the online shop at www.eumed.ro.
(2) The contractual language is German.
(3) The essential features of the goods offered are listed on the respective product page of the online shop.
§ 2 Conclusion of contract for online orders
(1) The presentation of the products in the online shop does not represent a legally binding offer of the Supplier, but rather a non-binding online catalogue.
(2) The Customer selects the desired goods and places them in the shopping basket. Within the shopping basket, the Customer has the possibility to freely change the quantity of the stored goods as well as to remove items from the basket.
(3) We reserve the right to deliver or dispense medicinal products only to natural persons of full age and unrestricted legal capacity and to demand appropriate proof of age.
(4) The data required for the order, such as name, address, etc., must be provided truthfully and in full.
(5) After the Customer has placed the desired goods in the shopping basket, accepted the privacy policy and selected the desired payment method,
(a) in the case of a dispatch of the goods offered by the Supplier and requested by the Customer, by clicking the button "Buy now" / "Commit to pay", the Customer submits a legally binding offer to purchase the goods contained in the shopping basket.
(b) in the case of a desired collection on site, by clicking on the button "Reserve now" the Customer submits an offer to reserve the products contained in the shopping basket at the selected location of the Supplier.
(c) In the case of a desired delivery by courier service, by clicking on the button "Reserve now", the Customer makes an offer to purchase the products contained in the shopping basket with delivery by the courier service of the Supplier.
(6) The Customer can also submit the offers mentioned under (5) to the Supplier by telephone, fax, email, post or online contact form.
(7) Please note that the confirmation of receipt of your order by the shop does not constitute acceptance of the offer. Acceptance by the Supplier takes place as follows, depending on the selected procedure:
(a) In the event of shipment by a transport company, the Supplier can accept the order within 3 days,
- by sending an order confirmation in text form (letter, fax or email) to the Customer (receipt of the order confirmation by the Customer is decisive in this case), or
- by delivery of the ordered goods to the Customer (the receipt of the goods by the Customer is decisive in this case), or
- by requesting payment from the Customer after or at the time the order is placed.
If several of the above alternatives exist, the contract shall be concluded at the point in time at which one of the above alternatives occurs first.
(b) In the event of a reservation for collection on site from the Supplier, the purchase agreement shall be concluded by acceptance by the Supplier at the pharmacy in the form of handing over the products to the Customer.
The reservation itself is accepted immediately on receipt by the Supplier of the Customer's declaration by email, in which the earliest pick-up time is also communicated. A reservation of goods made in the Supplier's pharmacy loses its validity 2 working days after its confirmation by the Supplier if the Customer has not claimed (collected) the goods from the Supplier within this period.
(c) In the case of delivery by a courier service, the purchase agreement is concluded by acceptance by the Supplier in the form of the handover of the goods at the Customer's door by the courier. The Customer receives the confirmation from the courier delivery immediately after sending his contractual declaration, at the latest within 24 hours.
§ 3 Possible correction of incorrect entries
(1) Before bindingly placing an order via the seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which can be used to enlarge the display on the screen. The Customer can correct his entries in the electronic ordering process with the usual keyboard and mouse functions until he completes the ordering process by clicking the button.
§ 4 Delivery restrictions
(1) In the event that Customers provide incorrect information, required proof is not provided or subsequently proves to be false, the Supplier reserves the right to withdraw from the contract.
(2) Certain medicines may not be supplied by mail order for legal reasons and are therefore not available from the Supplier's online shop. These include in particular: Medicinal products containing substances covered by the Narcotics Act, liquid medicinal products containing cytostatics (cell growth inhibitors), radioactive medicinal products, prescription-only medicinal products, medicinal products which by their nature have a very short shelf life, emergency contraceptives ("morning-after pill") and medicinal products for (in particular food-producing) animals. Please visit a local pharmacy in person to obtain such products.
(3) Orders are limited to standard pharmacy quantities. In particular, the Supplier reserves the right to set maximum quantities for certain medicines for reasons of pharmaceutical safety, which will be displayed to the Customer on the product page.
(4) Note: Orders with a delivery location outside our delivery area will not be accepted by us or are generally not possible via the online shop. You can view the delivery area on the relevant page of our website. In the event that, despite the appropriate settings of the Supplier, a selection of the courier service outside the delivery area was possible and the Supplier recognises this only after the conclusion of the contract, the right to cancel the contract remains reserved.
§ 5 Ordering prescription or over-the-counter medications
(1) A valid original prescription is required to order prescription medications. The Customer can send these in advance in the post. The Supplier shall provide the Customer with free envelopes for this purpose on request. Alternatively, it is possible to request the "collection of the original prescription" by courier in the shop.
(2) The order will be processed only after successful verification of the original prescription by the Supplier. The conclusion of the contract between the Supplier and the Customer is therefore subject to the condition precedent that a valid prescription is presented or available to the Supplier.
(3) If the Customer and the Supplier agree that, in the case of prescription-only medicinal products, the goods are exchanged for the original prescription at the Customer's premises, prior telephone consultation by pharmaceutically trained personnel of the Supplier must take place if no consultation takes place on site at the Customer's domicile or at the Supplier's premises. In these cases, the conclusion of the contract by way of acceptance by the Supplier shall be postponed to the time of handover to the Customer.
(4) Note: We do not advertise prescription products in detail in the online shop. Due to the advertising ban, these products have no picture and no descriptive text, and you cannot add them to your shopping basket yourself. You will only receive prescription products on presentation of the original prescription.
(5) Any co-payments shall change the invoice amount subsequently. Therefore, only the following payment methods are possible for orders involving the presentation of a prescription: Invoice, cash on delivery, cash on delivery on site and direct debit.
(6) Note: If your doctor has prescribed over-the-counter medications, you can send in your prescription for acknowledgement.
§ 6 Contractual storage
(1) The contract text shall be retained by the Supplier. However, the Customer shall only receive proof of contract in the form of the invoice on collection or delivery by courier.
(2) In the case of online orders, the Customer shall receive a confirmation of receipt together with an invoice which essentially contains the text of the contract.
(3) If the Customer registers on the website of the Supplier, an overview of his transacted orders is available to the Customer in the customer section.
§ 7 Customer account
(1) Registered Customers can manage their master data and view orders via an online customer account.
(2) At the time of registration, the Customer must have reached the age of 18.
(3) The creation of an online customer account involves mandatory registration. For this purpose, the Customer must fill in the registration form available on the website. The data required for registration must be provided truthfully and in full.
(4) The creation of a customer account requires, in addition to the details of the new customer registration, the choice of a freely selectable password. The Customer is required to keep this password secret and not to pass it on to third parties. The Customer is liable for the misuse of the login data.
(5) If the Customer creates a customer account, the data provided shall be stored in his customer account until he deletes it himself.
§ 8 Delivery, collection
(1) The goods shall be delivered or made available for collection within the delivery period stated on the product page.
(2) The standard delivery time for courier deliveries is 1 day, unless otherwise stated in the item description and where no other agreement has been made between the Customer and Supplier.Delivery shall be made exclusively to the Customer or to a group of persons authorised to receive the goods. The successful delivery must be confirmed by a signature.
(3) If the Supplier offers a delivery outside the delivery area applicable to the courier service, the following conditions shall apply: The dispatch shall take place within the delivery period indicated on the product page using a dispatch service chosen by the Supplier.
(4) The Supplier reserves the right to cancel the contract if products ordered which were not in stock according to the article description at the time of the order are not or are no longer available or products can no longer be delivered (on time) through no fault of the Supplier if the procurement of the product would only be possible with disproportionate effort. In such cases, the Customer shall be informed of this circumstance without delay and any fees already paid shall be refunded without delay.
(5) The delivery period shall be extended appropriately if the delivery is affected by force majeure. In particular, force majeure shall be deemed equivalent to: riots, strikes, lock-outs, breakdowns, fire, natural disasters, obstruction of traffic routes, outbreak of a pandemic, changes in statutory regulations, official measures or ordinances or the occurrence of other unforeseeable events which are beyond the control of the Supplier and which, viewed objectively, have not been culpably caused by the Supplier. Should one of the above cases occur, the Customer shall be informed immediately. If the impediment to performance in the above cases lasts longer than four weeks, the Customer shall be entitled to cancel the contract. Further claims, in particular for damages, do not exist in this case. This shall not apply in cases of intent or gross negligence, in the case of guarantees or if liability is mandatory due to simple negligence in the case of breach of essential contractual obligations or in the case of foreseeable damage typical of the contract for legal reasons.
(6) In the case of payment in advance, the delivery times apply from receipt of payment.
(7) In the case of self-collection/pre-ordering, the Supplier shall first inform the Customer by email that the goods ordered are ready for collection. After receipt of this email, the Customer can collect the goods at the seller's registered office.
§ 9 Prices, payment, due date and default
(1) All prices are inclusive of the applicable statutory value added tax and plus other price components (where applicable, shipping costs according to the explanations in the online shop).
(2) When the online offer of the Supplier is updated, all previous prices and other information about goods become invalid. The version valid at the time of the order shall be authoritative in each case.
(3) The following payment options are available to the Customer for the payment of prescription drugs: cash payment on site, purchase on account (at the discretion of the Supplier), cash on delivery and direct debit (if offered in the checkout section of the online shop).
(4) For mail orders of over-the-counter medicines via the online shop, the Customer can use the payment options displayed in the shop. In the event of payment by credit card, Apple Pay, AmazonPay, PayPal, Paydirekt or Klarna, the terms and conditions of the payment method and provider selected by the Customer shall apply accordingly.For a successful order, the Customer must log in with his login data (usually name and password) for the respective payment provider and approve the payment process. Details on data protection can be found in the privacy policy on the shop’s webpage.
(5) Payments made on site or for by delivery by courier are usually made in cash or by debit card or in advance.
(6) The Supplier reserves the right to offer the Customer the payment method "payment on account". The decision on this and on the respective conditions is at the sole discretion of the Supplier.
(7) Payments made in advance or via online payment services shall be refunded within 14 days if a pre-ordered item is not collected from the pharmacy.
(8) If the payment is not received within 7 working days for the payment method "advance payment", the Supplier has the right to cancel the contract.
(9) If the Customer pays by direct debit, he grants the Supplier a SEPA direct debit mandate. The Customer can download a copy of the issued SEPA direct debit mandate after going through the checkout process. Likewise, after successful registration, it can be downloaded from the customer section after the direct debit authorisation has been granted. The direct debit authorisation can be revoked at any time. During the payment process, the Customer authorises the Supplier to use this mandate and to collect the due payment from his account by direct debit. At the same time, the Customer instructs the credit institution to honour the direct debits drawn on the account. In all other respects, the terms and conditions agreed with the bank shall apply. The Supplier shall provide information about the amount of the debit and the period in which the debit will be collected (advance notice). At the same time, the Customer agrees to a reduction of the advance period of notice from 14 days to three days.
(10) The purchase price is due immediately on conclusion of the contract and is to be paid by the Customer immediately without deduction.
(11) In the case of payment by direct debit and payment on account, the Supplier reserves the right to carry out a corresponding credit check.
(12) The Supplier reserves the right not to offer the Customer certain payment methods. This serves the legitimate interest of the Supplier to protect itself against payment defaults.
(13) If a direct debit is not honoured due to a lack of funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the direct debit although he is not entitled to do so, the Customer shall bear the fees of the respective bank incurred by the chargeback if he is responsible for this.
(14) For Customers who are members of a private health insurance scheme, the Supplier shall enclose proof of payment with the delivery for the purpose of reimbursement. According to Section 61 of the Fifth Book of the German Social Security Code (SGB V), the Customer is always required to pay the additional costs incurred, even if the health insurance company assumes the main costs and even in the case of direct billing.
(15) The Supplier reserves the right to charge a lump-sum reminder fee of EUR 5.00 per reminder as compensation for damage caused by delay in the event of late payment by the Customer. The Customer is entitled to prove that the damage was considerably less than the lump sum or that no damage was incurred at all.
§ 10 Liability and warranty for defects
(1) The Supplier shall be liable to the Customer in accordance with the statutory provisions for damage to life, limb and health and in accordance with the Product Liability Act, as well as for all damage based on intentional or grossly negligent breaches of contract by the Supplier, its legal representatives or its vicarious agents. Apart from that, the Supplier is only liable for damages resulting from the violation of essential contractual obligations or a cardinal obligation, and this is limited to damages that are typically associated with the contract and are foreseeable.
(2) In the event of defects, the statutory warranty rights shall apply.
§ 11 Cancellation policy
Right of cancellation
Consumers have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of cancellation, you must inform us,
Company name
Sonnen-Apotheke BV
Owner Ciprian Militaru
Pannenberg 12A,
5951 DM, Belfeld
Telefon: +31 (0) 77 204 33 66
E-Mail: info@eumed.ro
by means of a clear declaration (e.g. a letter sent by post, fax or telephone) of your decision to cancel this contract. For this purpose, you can use the cancellation form (note: on the website), but this is not mandatory. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must refund all payments we have received from you, including delivery costs, without delay and at the latest within fourteen days of the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back 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 immediately and in any case no later than fourteen days from the day 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 period of fourteen days.You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
End of the cancellation policy
Exclusion of the right of cancellation
Unless otherwise agreed by the parties, the right of cancellation does not apply, inter alia, to the following contracts:
· Contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded.
· 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.
· Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 12 Retention of title
The goods shall remain the property of the Supplier until the Customer has paid the purchase price in full.
§ 13 Data protection
All information about the processing of personal data can be found in the privacy policy (to follow!).
§ 14 Notice pursuant to Section 18 of the German Battery Act (BattG)
(1) In connection with the sale of batteries and rechargeable batteries or devices powered by such energy sources, the Supplier, as the dealer, is required under the Battery Act to inform customers about the relevant regulations and obligations.
(2) Old batteries and rechargeable batteries must not be disposed of in household waste. The law stipulates that these must be handed in at a municipal collection point or at local retail outlets. The Customer is legally required to return old and/or used batteries. Used batteries contain pollutants that can be harmful to the environment and human health if disposed of improperly. Batteries also contain important raw materials suitable for recycling, including iron, zinc, nickel and manganese. The delivery of old batteries and used batteries is free of charge for the Customer; batteries and rechargeable batteries purchased from the Supplier can be returned free of charge after use.
(3) The return is to be sent to the address given in the imprint.
(4) Standard batteries and rechargeable batteries containing harmful substances are clearly marked with the symbol of a crossed out
rubbish bin:
(5) In some cases, the chemical name of the pollutant in question can be found under the symbol of the crossed-out bin. Examples of this include: Lead (Pb), cadmium (Cd) and mercury (Hg).
(6) The Customer has the possibility to read the above information in the accompanying documents of the delivery of goods or in the operating instructions of the respective manufacturer.
§ 15 Notice pursuant to Section 17 of the German Electrical and Electronic Equipment Act (ElektroG)
(1) In connection with the sale of electrical equipment, the Supplier, as a dealer, is required under the Electrical and Electronic Equipment Act to inform customers of the relevant regulations and obligations.
(2) Old electrical appliances should not be disposed of with household waste. The law stipulates that these must be handed in at a municipal collection point or at local retail outlets. Standard batteries and rechargeable batteries must be separated from the electrical appliance before disposal. The return of old and used electrical appliances is free of charge for the Customer; electrical appliances purchased from the Supplier can be returned free of charge after use.
(3) According to this, in particular the disposal of waste electrical and electronic equipment via the standard waste bin or the yellow waste bin is prohibited.The symbol of a crossed-out rubbish bin on electrical and electronic equipment, shown below, additionally indicates the obligation for separate collection:
(4) we would like to point out to all owners of waste electrical and electronic equipment that you are legally required to remove old standard batteries and rechargeable batteries before handing in old equipment, unless they are enclosed in the equipment.
(5) We would like to inform all end-users of waste electrical and electronic equipment that you are responsible for deleting personal data from the waste electrical and electronic equipment to be disposed of.
§ 16 Out-of-court dispute resolution
(1) The European Commission provides an internet platform for the out-of-court settlement of consumer disputes arising from online sales contracts and online service contracts on http://ec.europa.eu/consumers/odr.
(2) The Supplier is not willing or required to participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
§ 17 Final provisions
(1) Contracts between the Supplier and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer has his habitual residence as a consumer, shall remain unaffected.
(2) The Supplier is not subject to any special rules of conduct, unless the professional regulations mentioned in the imprint of the online shop apply.
