Terms of service
General Terms and Conditions
of CC Pharma GmbH,
1.1. The following general terms and conditions ("GTC") apply to all orders placed through our online shop by consumers and entrepreneurs.
1.2. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
1.4. Individual contractual agreements take precedence over these terms and conditions.
2. Contractual partner, conclusion of contract
2.1 The purchase contract is concluded with CC Pharma GmbH.
2.2. The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog and thus an invitation to the customer to submit an offer in the legal sense. The goods ordered may differ slightly within reason from the goods shown on the Internet due to the technically required display options, in particular there may be color deviations if this is reasonable.
2.3. The customer can initially place our products in the shopping cart without obligation and correct his entries at any time before submitting his binding order by using the correction aids provided and explained in the order process. By clicking the order button, the customer places a binding order for the goods in the shopping cart.
2.4. Confirmation of receipt of the customer's order is sent by email immediately after the order has been sent.
2.5. When the contract with us comes about depends on the payment method chosen by the customer:
In the case of payment by invoice or hire purchase (via Klarna), the purchase contract does not come into effect with this order confirmation, but only with the sending of a separate email confirming the conclusion of the contract or with delivery of the goods. In the case of goods ordered electronically, we are entitled to accept the order within two (2) working days of receipt. An acceptance is the same if we deliver the ordered goods within this period.
2.5.2. Credit card
When paying by credit card, the customer provides their credit card details and the credit card company carries out an authorization check. After the legitimation as the legitimate cardholder, the payment transaction is automatically initiated and the customer's credit card is charged when the order is placed. The contract with us is concluded at the time the credit card is charged.
2.5.3. SEPA direct debit
When paying by SEPA direct debit, we accept the order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
2.5.4. Amazon Pay
When paying by Amazon Pay, the customer is forwarded to the website of the online provider Amazon in the ordering process before the order process is completed in our online shop. There the customer can select the delivery address and payment method saved at Amazon and confirm the payment order to Amazon. The customer is then redirected to our online shop, where the order process can be completed. After placing the order, we ask Amazon to initiate the payment transaction and thereby accept the customer's offer.
2.6. The contract is concluded with the reservation that in the case of incorrect or improper self-delivery, not or only partially. This only applies in the event that we are not responsible for the non-delivery and we have concluded a specific hedging transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. Otherwise the consideration will be refunded immediately. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately.
3. Payment methods
The following payment methods are generally available to the customer in our online shop:
3.1 Credit card
When paying by credit card, the customer provides their credit card details and the credit card company carries out an authorization check. After the legitimation as the legitimate cardholder, the payment transaction is automatically initiated and the customer's credit card is charged when the order is placed.
3.2. SEPA direct debit
By submitting the order, the customer gives us a SEPA direct debit mandate. We will inform the customer about the date of the account debit (so-called prenotification). By submitting the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction is carried out automatically and the customer's account is debited. The account is debited before the goods are dispatched. The customer receives further information during the ordering process.
3.3. Amazon Pay
When paying by Amazon Pay, the customer is forwarded to the website of the online provider Amazon in the ordering process before the order process is completed in our online shop. In order to process the order process via Amazon and to be able to pay the invoice amount, the customer must be registered there or first register and legitimize with his access data. There the customer can select the delivery address and payment method saved at Amazon and confirm the payment order to Amazon. The customer is then redirected to our online shop, where the order process can be completed. Immediately after the order is placed, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon.
4. Contract language, contract text storage, invoice
4.1. The language available for the conclusion of the contract is German.
4.2. We save the contract text and send the customer the order data and our terms and conditions in text form. The customer can view and download the contract text in our customer login.
4.3. The customer agrees that the invoice will be sent electronically to the email address given when ordering.
5. Offsetting, right of retention
The customer only has the right to offset if his counterclaims have been legally established, recognized or not disputed by the seller. The buyer's right to offset against contractual and other claims from the initiation or implementation of this contractual relationship remains unaffected. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
6. Terms of delivery
6.1. The statutory sales tax is already included in the purchase price (gross price). The additional shipping costs incurred during shipping can be found on the respective product page. Packaging costs are already included in the shipping costs.
6.2. We only deliver by post. Unfortunately, a self collection of the product is not possible.
6.3. We only deliver to Germany.
6.4. The delivery time for deliveries is specified on the respective offer page. The start of the delivery period is determined (depending on the selected payment method):
6.4.1. When paying by PayPal Express or Sofort by Klarna, the delivery period begins one day after the payment instruction. For all other payment methods, the period begins one day after the order has been placed.
6.4.2. If the start or end of the period falls on a Saturday, Sunday or a public holiday, the start or end of the period is postponed to the following working day.
6.4.3. We are entitled to make partial deliveries insofar as a partial delivery can be expected of the customer, taking into account his interests. The customer should incur no additional costs.
7. Right of withdrawal
Consumers have the statutory right of withdrawal, as described in the cancellation policy . Entrepreneurs are not granted a voluntary right of withdrawal.
8. Retention of title
8.1. The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full.
8.2. If the customer acts in breach of contract, in particular in the event of default in payment, if the customer provides incorrect information about his creditworthiness or if an application is made to open insolvency proceedings, we are entitled - if necessary after setting a deadline - to withdraw from the contract and to demand the goods if the Customer has not yet or not fully provided the consideration.
8.3. The following applies to entrepreneurs: The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now meets all demands i. H. d. The invoice amount that accrues to him through the resale to a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
8.4. We undertake to release the securities to which we are entitled at the customer's request insofar as the realizable value of the securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
9. Transfer of risk, transport
damage 9.1. For consumers, the following applies: For consumers, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the consumer when the goods are handed over, even if the goods are sold by mail. If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
9.2. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have handed the item over to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
9.3. The handover is the same if the customer is in default of acceptance.
10. Warranties and Guarantees
10.1. Unless otherwise expressly agreed below, the statutory warranty law applies.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The shortening of the limitation period for warranty claims does not apply in the case of fraudulent concealment of a defect or when a guarantee is given. In all cases, the special statutory provisions remain unaffected for the final delivery of the unprocessed goods to a consumer (supplier recourse according to §§ 478, 445a BGB).
10.2. Consumers have the choice whether they request supplementary performance through repair or replacement. However, we are entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
10.3. With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
10.4. If the delivered item is defective, we shall initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery). We are not entitled to any such right of choice with regard to consumers, it is up to the consumer to do so.
10.5. For merchants, the statutory obligation to inspect and complain in accordance with Section 377 of the German Commercial Code (HGB) applies.
10.6. If the supplementary performance has failed or a reasonable period to be set by the customer for the supplementary performance has expired without success or is dispensable according to the statutory provisions, the customer can withdraw from the purchase contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.
10.7. Claims of the customer for damages or reimbursement of wasted expenses only exist in the case of defects in accordance with Clause 11 and are otherwise excluded.
The seller does not give the customer any guarantees in the legal sense, unless otherwise expressly agreed. Manufacturer guarantees remain unaffected.
11.1. For claims based on damage caused by us, our legal representatives or vicarious agents, we are always unrestrictedly liable
in the event of injury to life, limb or health
in the case of willful or grossly negligent breach of duty
in the case of guarantee promises, the fraudulent concealment of a defect, or
as far as the scope of the product liability law is opened.
11.2. In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is for the amount that was foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected.
11.3. Otherwise claims for damages are excluded.
11.4. Contrary to § 438 Paragraph 1 No. 3 BGB, the limitation period for claims from material and legal defects is one year from delivery of the goods. Claims for damages by the buyer due to willful or grossly negligent breach of duty or in the event of injury to life, body or health as well as under the Product Liability Act and the Medicines Act shall only become statute-barred after the statutory limitation periods.
12. Dispute settlement, consumer arbitration procedure (VSBG)
12.1. We are obliged to inform consumers that a corresponding online platform is available on the part of the European Commission with regard to the so-called online dispute resolution. The customer can access this platform at the following linkrecall. In this context, we are also obliged to provide the customer with our email address. This is: firstname.lastname@example.org .
12.2. We always try to resolve any discrepancies with the customer with regard to existing contracts by mutual agreement. However, we would like to point out to the customer that we are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board according to the VSBG.
13. Choice of law, place of jurisdiction
13.1. The law of the Federal Republic of Germany. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The provisions of the UN sales law do not apply.
13.2. If the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and the customer is our place of business. Overriding statutory provisions, in particular those relating to exclusive responsibilities, remain unaffected.