Scope
The following general terms and conditions exclusively apply to the business relations between mse Pharmazeutika GmbH and the customer. Changes, supplements or deviating general terms and conditions require mse Pharmazeutika GmbH's written confirmation to be effective.
Conclusion of contract
Mse Pharmazeutika GmbH offers are non-binding and constitute an invitation to the customer to make a legally binding offer.
Customers place an obligatory offer to mse Pharmazeutika GmbH through the online shop of mse pharmazeutika, by selecting a product (clicking the "Add to cart" button, and then the "Checkout" button), providing the required information during the registration and ordering process (particularly name, e-mail address, invoice and shipping address, shipping type, payment information), and completing the order process by ticking the box "I have read the general terms and conditions and expressly agree to them." and "I have read the cancellation policy" and by clicking the "Order now with obligation to pay" button.
Before the order process, a summary of the order content and costs will always be shown to the customer. The customer can identify and correct any input errors by using the Edit/Back function.
The seller accepts the customer's offer by sending an immediate confirmation email accepting their offer (order confirmation). This confirmation will include all order details, the cancellation policy, the model cancellation form, and these general terms and conditions.
The seller keeps an internal record of the customer's order. Customers can also print and/or save the order confirmation including the contract text, cancellation policy, and general terms and conditions. Moreover, the terms and conditions and cancellation policy can be accessed at www.mse-pharma.de anytime for saving and printing.
German is the available language for the conclusion of the contract.
The customer must be at least 18 years old.
An explicit confirmation by mse Pharmazeutika GmbH is necessary for the validity of contracts that involve quantities larger than usual household amounts, and reselling of the purchased item.
Delivery
Upon delivery of the goods from the warehouse, mse Pharmazeutika GmbH has fulfilled its main contractual obligation and the performance and price risk passes on to the customer.
Shipping costs
A flat-rate shipping fee of €4.50 applies domestically. For purchases over €25.00 in the online shop, we offer free shipping within Germany. A flat-rate shipping fee of €12.50 applies for shipping within Europe. Worldwide shipping (outside Europe) is possible on request. Shipping is carried out by UPS.
Payment and Payment delay
The purchase price (except in the case of advance payment) becomes due upon delivery of the goods. It consists of the listed gross prices including VAT and shipping costs for consumers under §13 BGB, and the listed net prices plus VAT and shipping costs for businessmen under §14 BGB. The packaging is included in the price. Payment is made by:
- Paypal (explicit direct debit authorization)
- Credit card (explicit direct debit authorization)
- Advance payment (payable within 5 working days, during which the order will be held)
Please transfer the total amount of your order to our account at Taunus Sparkasse:
IBAN: DE63 5125 0000 0001 3982 29
BIC: HELADEF1TSK
Customers from EU and third countries (International) pay by credit card or in advance.
Mse Pharmazeutika GmbH reserves the right to exclude certain payment methods in individual cases.
If the customer defaults on payment, mse Pharmazeutika GmbH is entitled to statutory default interest. If mse Pharmazeutika GmbH can demonstrate a higher default damage, it is entitled to assert this.
Retention of title
The goods delivered to the customer remain the property of mse Pharmazeutika GmbH until the contract becomes fully effective and all claims against the customer by mse Pharmazeutika GmbH have been fully paid.
Defect rights
In case of defects of the delivered purchase item, the customer is entitled to the statutory rights under the warranty/liability for defects. However, the customer's claims for damages are subject to the special provisions of the following section "Limitation of Liability".
Where guarantees are advertised, the details can be found in the respective guarantee declarations. The customer's statutory warranty claims are not limited by a guarantee.
Limitation of liability
Mse Pharmazeutika GmbH's liability for a slightly negligent breach of duty is limited to the foreseeable, contract-typical, average damage. Liability for damages beyond that, as well as claims for loss of profit, does not exist. The liability for gross negligence or intentional behavior, for injury to life, body or health, for cardinal obligations (essential duty, the fulfillment of which allows for the proper execution of the contract and on the observance of which the contractual partner regularly relies), and claims under the Product Liability Act remains unaffected.
These restrictions apply accordingly for legal representatives, executive and vicarious agents and other employees of mse Pharmazeutika GmbH used for contract fulfillment.
Data Protection
The customer is aware and agrees that his necessary personal data for order processing is stored on data carriers and treated confidentially in compliance with the Federal Data Protection Act (BDSG). The customer has the right to revoke this consent at any time with effect for the future. In this case, mse Pharmazeutika GmbH commits to immediately block the personal data, unless an order process has not yet been fully completed.
Online Dispute Resolution
Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The EU Commission provides the option for out-of-court online dispute resolution via a platform operated by it ("OS platform"). The platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
We are not willing or obliged to participate in a dispute resolution process before a consumer arbitration board as per the Consumer Dispute Settlement Act.
Legal venue, Applicable Law, Miscellaneous
For all disputes arising from this contractual relationship, the venue is for traders and persons who do not have a general place of jurisdiction in Germany is Bad Homburg v. d. Höhe. German law applies exclusively, to the exclusion of the UN Sales Law. This only applies to consumers to the extent that it does not restrict any mandatory legal provisions of the state in which the customer has his/her residence or usual place of abode.
Status: June 2014
mse Pharmazeutika GmbH, CEO: Uta Enzmann, Dr. Franz Enzmann, VAT ID: DE 114 191 621, Registered Court: Amtsgericht Bad Homburg HRB Number: 4716, Nehringstraße 15, 61352 Bad Homburg v. d. Höhe, Phone: +49 (0)6172 676330, Fax: +49 (0)6172 676357, E-Mail: mitomed@mse-pharma.de