General terms and conditions of business
(As of March 11, 2021)
1. Welcome to HG Pharma GmbH – General Information
We operate under https://shop.hg-pharma.shop/de/shop an online shop for offering and selling our goods and/or services. We are responsible for the operation and administration of the online shop.
Further information can also be found on the website at www.hgpharma.at .
All orders placed by you through this online shop and concluded with us are subject exclusively to these General Terms and Conditions (hereinafter "GTC") in the version valid at the time of the order. We do not accept any deviating General Terms and Conditions unless expressly agreed otherwise in writing.
You can find our Terms and Conditions on the website or the subpages at the bottom of the page under “Terms and Conditions” as well as under the following link https://shop.hg-pharma.shop/de/terms-conditions view.
2. Registration and ordering process when using our online shop
2.1 Registration / Creating a customer account
You are free to register as a customer on our website. To do so, you will create a customer account, which you can subsequently use for all orders. To create a customer account, we require the following information from you: email address, first and last name, and address. You can review and update your information in your customer account at any time.
2.2 Ordering without registration
You can also place your orders as a "guest" without registering. Your data will then be deleted after your order has been processed, unless statutory retention periods prevent deletion.
2.3 Obligations when using our online shop
When registering, as well as when using our online shop as a guest, you are obligated to provide true and complete information. As a registered user, you are responsible for keeping your personal access ID confidential and not disclosing it to any unauthorized third parties. To the extent permitted by law, you agree to be responsible for all activities that occur through your customer account or password. You should take all necessary steps to ensure that your password is kept secret and secure, and you should notify us immediately if you have reason to believe that a third party has obtained knowledge of your password or that the password is being used without authorization, or that such use is likely.
You are solely responsible for all entries you make while using our online shop, whether through registration or without registration. You must refrain from any disruption to the online shop and the website. Manipulation with the aim of obtaining unauthorized payments or other advantages to our detriment or to the detriment of other users may, in addition to legal consequences, lead to the blocking or deletion of your customer account.
You are obligated to refrain from any misuse of the online shop, the website, and your customer account, in particular any use that impairs the operation of the online shop, endangers public order and security or morality, violates the rights of third parties, or violates applicable laws or morality. You are obligated to structure all entries you make within your customer account in an authorized manner in such a way that any misuse of the online shop, the website, and your customer account, in particular any use that endangers public order and security or morality, violates the rights of third parties, or violates applicable laws or morality, is excluded from the outset.
You are obligated to do or refrain from doing anything to avoid any damage or jeopardize the good name and reputation of our company or other users.
2.4 Operation of the online shop by us
We reserve the right to change, improve, add to, temporarily or permanently suspend, delete, or temporarily or permanently discontinue the content and functions of the online shop at any time without prior notice.
2.5 Blocking / Deletion of the customer account
We also reserve the right, if we suspect that your entries endanger the operation and administration of the online shop, public order and safety, or morality, violate the rights of third parties, or violate applicable laws or common decency, to temporarily or permanently block or delete your entries and/or your customer account, or to edit or delete their contents. We will notify you promptly of such suspicions and give you the opportunity to comment on them. We will request that you dispel the suspicions within a short period of time. In the event of imminent danger or an obvious violation of law, we may also refrain from prior notification and/or warning. In such a case, we will promptly provide the information.
You can delete your customer account at any time within your account settings. Your data will subsequently be deleted unless it is still required to process your orders or unless statutory retention periods prevent deletion.
3. Terms and conditions of purchase and delivery
Orders via our online shop are only accepted from customers who are legally competent.
By clicking the "Buy Now" button, you submit an offer to conclude a contract with us for the goods in your shopping cart. Upon receipt of your order, we will send you an order confirmation to the email address you provided, informing you of the goods you have ordered. Your order is only considered accepted by us upon receipt of the order confirmation.
If you have not received an order confirmation within 24 hours of placing your order, please contact our toll-free customer service at frontdesk@hgpharma.at or +43 720 906 700 . Please note, however, that the actual communication service costs are based on the landline or mobile phone tariffs of your communication service provider.
A contract for the delivery of goods is only concluded upon express acceptance of the contract by means of a separate confirmation by us or upon delivery of the goods.
The invoice will be sent to you electronically (e-mail) and by post together with the shipped goods.
The contract data for processing and fulfilling the order are stored for invoicing purposes and are available to you at any time via your customer account.
The contract language is German.
Unless expressly agreed otherwise, delivery will be made ex warehouse to the shipping address you specify.
We deliver within 2-3 business days of receiving your order. Exceptions can be found on the respective product page. We will notify you immediately of any delivery delays. If the ordered goods are unavailable, we reserve the right not to deliver. We will also inform you immediately and refund any payments already received.
Delivery is via Austrian Post and DHL.
When the goods are dispatched, the risk of loss or damage to the goods shall only pass to you when the goods are delivered to you or to a third party other than the carrier designated by you.
3.1 Delivery period
We are only obligated to perform the service once the customer has fulfilled all of its obligations necessary for execution, and in particular, has fulfilled all technical and contractual details, preliminary work, and preparatory measures. We are entitled to exceed the agreed dates and delivery periods by up to one week. Only after this period has expired can the customer withdraw from the contract after setting a reasonable grace period. General Terms and Conditions of Sale for the Trade, non-binding association recommendation, published by the Austrian Federal Economic Chamber, Trade Division, for its affiliated Chamber members. Page 2
4. Prices and shipping costs
All prices stated in the online shop are final prices in EURO including the applicable VAT.
We reserve the right to charge you for shipping costs. Shipping costs may depend on the goods ordered and the payment method. You will be informed of the shipping costs in detail before placing a binding order.
5. Terms and methods of payment / Retention of title
The purchase price is due net and without deductions upon delivery of the goods at the latest. This also applies to partial deliveries, where the purchase price is payable for the partial quantities delivered. Cash discounts require a separate agreement.
The following payment methods are available:
* Prepayment.
* Sofortüberweisung: Your account will be debited immediately after you place your order.
* Credit card (VISA/Master Card): The debit will be made after the goods have been dispatched.
* Paypal.
The delivered goods remain our property until all invoice items have been paid in full.
5.1 Default interest
In the event of late payment, including partial payments, any agreed discount will also become invalid. Customer payments are only considered made upon receipt of the amount in our business account. In the event of late payment by the customer, we are entitled, at our discretion, to demand compensation for the actual damage incurred or default interest at the statutory rate. In the event of late payment by the customer, our company is also entitled to demand compound interest from the date of delivery of the goods.
5.2 Retention of title and its enforcement
All goods are delivered by us subject to retention of title and remain our property until full payment has been made. Asserting this retention of title shall only constitute a withdrawal from the contract if this is expressly declared. Upon return of goods, we are entitled to charge any transport and handling costs incurred. In the event of third-party access to the reserved goods – in particular through attachment – the customer undertakes to point out our ownership and notify us immediately. If the customer is a consumer or not an entrepreneur whose ordinary business operation includes trading in the goods purchased from us, they may not dispose of the reserved goods, in particular may not sell, pledge, give away, or lend them, until the outstanding purchase price has been paid in full. The customer bears the full risk for the reserved goods, in particular the risk of destruction, loss, or deterioration.
5 .3 Assignment of claims
In the case of delivery subject to retention of title, the customer hereby assigns to us, on account of payment, any claims against third parties arising from the sale or processing of our goods until our claims have been finally settled. Upon request, the customer must name his purchasers and inform them of the assignment in a timely manner. The assignment must be recorded in the business books, particularly in the open item list, and made visible to the purchaser on delivery notes, invoices, etc. If the customer defaults on payments to us, the sales proceeds entered with him must be segregated, and the customer will hold them solely in our name. Any claims against an insurer are hereby assigned to us within the limits of Section 15 of the German Insurance Contract Act (VKG). Claims against us may not be assigned without our express consent.
6. Right of withdrawal and consequences of withdrawal according to the Distance and Doorstep Selling Act (FAGG)
You have the right to withdraw from this contract within 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods, without giving any reason.
You can exercise your right of withdrawal by sending us an email to frontdesk@hgpharma.at using the following model withdrawal form. send:
Sample cancellation form:
To HG Pharma GmbH, Antonigasse 97/6, 1170 Vienna:
I hereby revoke the contract I concluded for the purchase of the following goods / the provision of the following service(s)
Ordered on / Received on
First and Last Name:
Address:
E-mail address:
Name / Signature:
Date:
You may use the above sample cancellation form, but this is not mandatory. You can also cancel your order by returning the goods to Hauptstrasse 21, 6365 Kirchberg in Tirol, Austria.
You must return the goods promptly and in any event no later than within 14 days. This deadline is met if you send the goods before the expiry of the 14-day period. We may refuse to refund the purchase price until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
Instead of returning the goods to the address specified above, you also have the option of returning the goods to our store at the same address within the cancellation period. We ask that you use the original packaging, if possible, when returning the goods and enclose the return slip.
If you need support in exercising your right of withdrawal, you can contact us at any time at the following email address: frontdesk@hgpharma.at turn around.
In the event of exercising the right of withdrawal, we will refund all payments received, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of the withdrawal from this contract.
You are responsible for the costs of returning the goods.
7. Withdrawal from the contract
In the event of default in acceptance or other important reasons, such as the customer's bankruptcy or the dismissal of bankruptcy due to lack of assets, as well as in the event of default in payment by the customer, we are entitled to withdraw from the contract if it has not yet been fully fulfilled by both parties. In the event of withdrawal, if the customer is at fault, we have the choice of demanding flat-rate compensation of 15% of the gross invoiced amount or compensation for the actual damage incurred. In the event of default in payment by the customer, we are released from all further performance and delivery obligations and are entitled to withhold any outstanding deliveries or services and to demand advance payments or securities, or to withdraw from the contract after setting a reasonable grace period. If the customer withdraws from the contract without being entitled to do so or requests its cancellation, we have the choice of insisting on the fulfillment of the contract or agreeing to its cancellation; In the latter case, the customer is obliged to pay, at our discretion, a flat-rate compensation amounting to 15% of the gross invoice amount or the actual damage incurred.
In the case of distance selling contracts (Section 5a of the Consumer Protection Act), the consumer may withdraw from the contract within seven working days, with Saturdays not counting as working days. This period begins on the day the goods are received by the consumer or, in the case of services, on the day the contract is concluded. It is sufficient to send the declaration of withdrawal within this period. If the consumer withdraws from the contract in accordance with these provisions, they must bear the costs of returning the goods; if a credit agreement was concluded for the contract, they must also bear the costs of any necessary certification of signatures as well as the fees for granting the credit. For services for which performance is agreed to begin within seven working days of the contract being concluded, withdrawal is not possible.
8. Reminder and collection fees
In the event of default, the contractual partner (customer) undertakes to reimburse the creditors for reminder and collection fees incurred, insofar as they are necessary for effective legal action. In particular, the contractual partner undertakes to reimburse the fees of the debt collection agency involved, which are determined by the Federal Ministry of Finance's regulation on the maximum rates of remuneration due to debt collection agencies. If the creditor manages the dunning process itself, the debtor undertakes to pay an amount of €10.90 for each reminder issued and an amount of €3.63 per half year for maintaining records of the debt relationship in the dunning process.
9. Warranty and Liability
9.1 Warranty
The statutory warranty provisions according to the German Civil Code (ABGB) apply. The warranty period for the delivery of movable goods is two years and begins upon delivery of the goods.
The warranty claim expires for defects resulting from improper handling and use of the purchased item.
If delivered goods exhibit obvious material or manufacturing defects, including transport damage, we request that you report such defects or damage to us immediately. Complaints based on statutory warranty claims or other complaints can be submitted to the following address: frontdesk@hgpharma.at .
9.2 Liability
9.2.1 Liability when using the online shop
We will ensure the proper operation and management of the online shop. However, we assume no liability for the online shop being available without interruption or functioning error-free or without disruption at all times.
We reserve the right to carry out work on the online shop at any time, even without prior notice, that may result in its shutdown or interruption. We are not liable for any damages resulting from the unavailability of the online shop. Furthermore, we are not liable if information is transmitted incorrectly, not at all, or incompletely, unless the reason is clearly within our sphere of influence.
We have implemented state-of-the-art technical and organizational measures to protect our website and online shop. However, we are not liable for unauthorized or improper collection or access to data, especially personal data (e.g., contact details), by third parties, such as hackers, which may occur despite the implementation of these technical and organizational measures. When using our online shop, it is your responsibility to take appropriate measures to protect the data you enter from unauthorized access by third parties. We assume no liability if the data you enter becomes known to third parties due to misuse of our online shop or technical defects.
We are not liable for damages, including consequential damages, such as loss or destruction of data, that you may incur due to technical problems, such as connection or transmission errors on the website, your browser or your communications service provider ("access provider"), in connection with the use of our online shop.
Furthermore, we assume no liability for any damages that you may incur as a result of the deletion or blocking of your customer account in accordance with Section 2.5.
9.2.2 Liability for content
We are responsible for the content of our website in accordance with the following provisions:
According to Section 16 of the E-Commerce Act (ECG), we as service providers are not obligated to monitor submitted or stored third-party information or to search for evidence that indicates illegal activity. Obligations to remove or block the use of information under general legal provisions remain unaffected. In any case, liability in this regard only arises upon knowledge of a specific violation of law. Upon becoming aware of illegal content, we will remove it immediately.
9.2.3 Liability for links
To the extent our website contains links to external third-party websites over whose content we have no influence, we are not responsible for this third-party content in accordance with Section 17 of the E-Commerce Act (ECG). Responsibility for the content of linked pages lies solely with the respective provider or operator of these pages. We checked linked pages for possible legal violations at the time of linking. We did not find any illegal content. Permanent monitoring of the content of linked pages is not possible and is not reasonable without concrete evidence of legal violations. Should we become aware of such violations, we will remove our links to such pages immediately.
9.2.4 Legal liability and limitation of liability
Within the scope of these Terms and Conditions and the statutory provisions, we are liable exclusively for direct damages incurred by you due to a failure to fulfill our obligations with regard to our services. Our liability for compensation for each event causing damage is limited to the amount of the purchase price, with the exception of personal injuries to consumers within the meaning of the Consumer Protection Act (KSchG). Liability for lost profits, indirect, and consequential damages is excluded – to the extent permitted by law.
In all other respects, the statutory liability provisions of the General Civil Code (ABGB) apply.
10. Trademark rights (trademarks, copyrights, etc.)
The name HG Pharma is registered and protected as a European Union trademark. All trademark rights are held by the respective trademark owners, and HG Pharma GmbH is entitled to exclusive use of the trademark(s). Neither the use of the website nor these Terms and Conditions nor any other means grant you any rights to use the trademark, whether for commercial or non-commercial purposes.
All other rights, in particular rights of use to provided and/or transmitted data and information, texts, photos, graphics, logos, button icons, social plug-ins, audio clips, videos, digital downloads, and data compilations of HG Pharma or those entered as part of the use of the website, are owned by HG Pharma and remain its exclusive and irrevocable right to use and exploit them for all known and unknown purposes. These rights of use also include HG Pharma's right to process the transmitted data and information, as well as the right to exploit the processing in accordance with these Terms and Conditions. All name, trademark, or intellectual property rights arising from the use of the website are owned by HG Pharma and are also subject to these Terms and Conditions.
11. Changes to the Terms and Conditions
We reserve the right to change or supplement these Terms and Conditions at any time. Intended changes or additions will be published on the website. If you do not agree to the changes or additions, you have the option of refraining from using our website and deleting your customer account at any time.
12. Online dispute resolution
Since January 9, 2016, the EU Regulation on online dispute resolution in consumer matters (No. 524/2013 ). Disputes between consumers and traders in connection with online sales contracts or online service contracts can be resolved via the following online platform.
The EU Commission offers the possibility of online dispute resolution on a platform operated by it (the so-called "ODR platform"). The ODR platform can serve as a point of contact for the out-of-court settlement of disputes arising from online sales contracts or service contracts. This platform can be accessed via the external link ec.europa.eu/consumers/odr.
13. Final provisions
These Terms and Conditions are subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for legal disputes arising from or relating to these Terms and Conditions is the competent court in Vienna. The statutory places of jurisdiction for consumers within the meaning of the Consumer Protection Act (KSchG) remain unaffected in the case of a consumer transaction.
Should any provision be or become invalid or unenforceable, the remaining provisions shall remain unaffected. These provisions shall automatically be replaced by valid and enforceable provisions that most closely achieve the intended purpose.
14. Contact and Support
For questions or suggestions regarding our goods and/or services, you can contact us via our website www.hgpharma.at or by email to frontdesk@hgpharma.at We will endeavor to process requests as appropriate and to incorporate them into the further development and improvement of our website.