Terms and Conditions
1. scope of application
The following general terms and conditions apply to all orders placed by consumers via our online shop.
2. contractual partner
2.1 R-Pharm Germany GmbH is a limited liability company with its registered office in Illertissen, registered in the commercial register B of the Memmingen district court, commercial register number: HRB 16246 and operates an online shop under the website www.nao-brain.de The sales contract is concluded with R-Pharm Germany GmbH (hereinafter also referred to as the “Seller”). The General Terms and Conditions (“GTC”) apply to all orders placed by the customer as a consumer (hereinafter the “customer”, R-Pharm Germay GmbH and the customer jointly the “contracting parties”) via the online shop of R-Pharm Germay GmbH.
2.2 “Consumer” is any natural person for whom the purpose of ordering goods from the online shop cannot in most cases be attributed to a commercial or self-employed activity.
2.3 R-Pharm Germany GmbH expressly rejects deviating general terms and conditions of the customer. Deviating or supplementary general terms and conditions of the customer shall not become part of the contract, even if they have not been expressly contradicted. Deviations from these general terms and conditions, supplementary agreements or any conflicting terms and conditions of the customer are only effective if they are confirmed by the seller.
3. conclusion of contract
3.1 By placing the products in the online shop, we make a binding offer to conclude a contract for this product.
3.2 The customer can initially place products in the shopping cart without obligation and correct the entries at any time before sending a binding order by using the correction aids provided and explained in the order process.
3.3 By clicking the button “Pay now”, the customer makes a binding declaration of acceptance of the offer to conclude a contract with R-Pharm Germany GmbH. Before completing the order process, the customer can choose from the payment methods available in the online shop. A contract (hereinafter the “Contract”) is concluded with the order placed by the Buyer.
4. prices and shipping costs
All prices stated on the seller’s website are inclusive of the applicable statutory value-added tax in Germany. In addition to the indicated product prices, shipping costs are added for deliveries to Austria or for orders within Germany below € 25 order value including statutory value added tax.
5. delivery condition
5.1 Unless expressly agreed as binding, stated delivery periods are only approximate and non-binding.
5.2 The ordered products will be delivered to the delivery address specified by the customer using a customary mode of shipment at the discretion of R-Pharm Germany GmbH.
5.3 The risk shall pass to the customer upon delivery of the Products to the customer or to a third party designated by the customer. We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself.
5.4 If a product is not available, R-Pharm GmbH reserves the right to withdraw from the obligation to fulfil the contract. In this case R-Pharm GmbH will inform the customer immediately about the unavailability and refund payments of the customer immediately.
5.5 Should the delivery of the products fail through the fault of the purchaser despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be reimbursed to the customer without delay.
The following payment methods are available in our shop: IMMEDIATELY bank transfer, Paypal and credit card.
6.1 IMMEDIATELY bank transfer
The payment method IMMEDIATELY by bank transfer is handled by Novalnet GmbH. You will need your account number, bank code, PIN and TAN. Using Novalnet GmbH’s secure payment form, which is not accessible to merchants, Novalnet automatically and in real time sets up a bank transfer in your online bank account. The purchase amount is transferred immediately and directly to the seller’s bank account. Please note that this payment method is not yet available at a few banks.
Payment by PayPal is made by PayPal (Europe) S.à r.l. et Cie, S.C.A.. In principle, you must be registered there or register first, identify yourself with your access data and then confirm the payment order to us. You will receive further information during the ordering process.
6.3 Credit Card
Credit card payments are processed via the checkout portal of our payment service
Providers Novalnet GmbH. We accept MasterCard or Visa Card. To pay you need the card number, expiry date and the card verification number. Your credit card will be charged after the conclusion of the contract.
6.4 In the event of default in payment, the customer shall be liable in accordance with the statutory provisions. R-Pharm Germany GmbH is entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. in the event of default.
7. offsetting prohibition
The customer is not entitled to offset counterclaims against claims of R-Pharm Germany GmbH. However, this does not apply to the case of insolvency of R-Pharm Germany GmbH or to undisputed or legally established claims.
8. Retention of title
The seller retains title to the delivered goods until full payment of the purchase price. The buyer is not entitled to pledge the goods to third parties or to assign them as security.
9. transport damage
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
11. right of withdrawal for the consumer
Customers are entitled to the following right of revocation:
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days (a) from the date on which you or a third party appointed by you, other than a carrier, have taken possession of the goods or (b) in the case of a contract for several goods ordered by the consumer under a single order and delivered separately, from the date on which you or a third party appointed by you, other than a carrier, have taken possession of the last goods or have taken possession of the last goods. or (c) in the case of a contract for the delivery of goods in several partial consignments or pieces, from the date on which you or a third party appointed by you who is not a carrier took or has taken possession of the last partial consignment or the last piece, or (d) in the case of a contract for the regular delivery of goods over a specified period of time from the date on which you or a third party appointed by you who is not a carrier took or has taken possession of the first goods. The revocation period does not begin before receipt of this instruction in text form.
To exercise your right of withdrawal, you must inform us: Annette Steiner-Kienzler / R-Pharm Germany GmbH / Heinrich-Mack-Straße 35 / 89257 Illertissen / phone number: +497303127888 / email@example.com / www.nao-brain.com by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
To comply with the revocation period, it is sufficient to send the notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse a refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You shall notify us of the goods immediately and in any case at the latest within fourteen days from the date on which you notify us of the revocation of this contract: Annette Steiner-Kienzler / R-Pharm Germany GmbH / Heinrich-Mack-Straße 35 / 89257 Illertissen / phone number: +497303127888 / firstname.lastname@example.org / www.nao-brain.com. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. You bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
12. applicable right
These General Terms and Conditions shall be governed by the laws of the Federal Republic of Germany to the exclusion of the provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.