Terms & Conditions
1. Welcome to HG Pharma GmbH - General information
We operate an online shop at https://shop.hg-pharma.shop/de/shop to offer and sell 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.
For all orders that you place through this online shop and that are concluded with us, these General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively in the version valid at the time of the order. Deviating general terms and conditions are not recognized by us, unless otherwise agreed in writing.
You can view our terms and conditions on the website or on the sub-pages at the bottom of the page under "Terms and Conditions" and under the following link https://shop.hg-pharma.shop/en/terms-conditions.
2. Registration and ordering process when using our online shop
2.1 Registration / creation of a customer account
You are free to register as a customer on our website. To do this, you create a customer account that you can then use for all orders. In order to be able to create a customer account, we need the following data from you: E-mail address, first and last name, address. You can check your data in your customer account at any time and bring it up to date.
2.2 Order without registration
You can also place your orders without registering as a "guest". Your data will then be deleted after the order has been processed, provided that there are no statutory retention requirements to prevent deletion.
2.3 Obligations when using our online shop
With every registration and every time you use our online shop as a guest, you are obliged to provide truthful and complete information. As a registered user, you are responsible for keeping your personal access ID confidential and not making it available to unauthorized third parties and, as far as legally permissible, you agree to be responsible for all activities that are carried out via your customer account or your password. You should take all necessary steps to ensure that your password is kept secret and stored securely, and you should inform us immediately if you have any concern that a third party has learned of your password or that your password is being used without authorization, or such use is likely.
You are solely responsible for all entries that you make due to registration or without registration when using our online shop. You have to refrain from disturbing the online shop and the website. Manipulation with the aim of obtaining unauthorized payments or other advantages to our disadvantage or to the disadvantage of other users can, in addition to legal consequences, in particular lead to the blocking or deletion of your customer account.
You are obliged to refrain from any improper use of the online shop, the website and your customer account, in particular such use that affects the operation of the online shop, endangers public order and security or morality, which violates the rights of third parties or which violates applicable laws or regulations offends morality. You are obliged to make all entries that you make in your customer account in an authorized manner in such a way that improper use of the online shop, the website and your customer account, in particular by endangering public order and security or morality, the violation of Third party rights or violations of applicable laws or common decency are excluded from the outset.
You are obliged to do or not to do everything possible to avoid any damage or endangerment to the good reputation of our company or other users.
2.4 Operation of the online shop by us
We reserve the right to change, improve, supplement, temporarily or permanently decommission or delete the content and functions of the online shop at any time without prior notice, or to temporarily or permanently discontinue the provision via our website.
2.5 Blocking / deletion of the customer account
We also reserve the right if we suspect that you are endangering the operation and administration of the online shop, public order and security or morality, violating the rights of third parties or violating applicable laws or morality, your To temporarily or permanently block or delete entries and / or your customer account or to edit or delete their content. We will inform you about such a suspicion in a timely manner and give you the opportunity to comment on it as well as request you to clear the suspicion by setting a short deadline. In the event of imminent danger or an obvious violation of the law, we can also refrain from prior information and / or warning. In such a case, we will catch up on the information promptly.
You can delete your customer account at any time within the framework of your account settings. Your data will then be deleted unless it is still required to fulfill the orders you have placed or if statutory retention periods prevent deletion.
3. Terms of purchase and delivery
Orders via our online shop are only accepted from legally competent customers.
By placing your order by clicking the “Buy Now” button, you are submitting 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 have provided for the goods you have ordered. The order you have placed is only deemed to have been accepted by us at the point in time at which you received the order confirmation.
If you have not received an order confirmation within 24 hours of placing your order, please contact our free customer service at email@example.com or +43 720 906 700. However, please note the costs of the actual communication service according to the landline or mobile phone tariffs Your communications service provider.
A contract for the delivery of the goods is only concluded through an express acceptance of the contract by means of a separate confirmation by us or upon delivery of the goods.
The invoice is sent electronically (e-mail) and by post to you together with the goods sent.
The contract data for processing and fulfilling the order are saved for invoicing and can be viewed at any time via your customer account.
The contract language is German.
Unless expressly agreed otherwise, delivery will be made from the warehouse to the shipping address you have specified.
We deliver within 2-3 working days from receipt of your order. Exceptions can be found on the respective product page. We will inform you immediately in the event of delivery delays. In the event that the ordered goods are not available, we reserve the right not to deliver. We will also inform you about this immediately and reimburse payments already received without delay.
The delivery takes place with the Austrian Post and DHL.
When the goods are dispatched, the risk of loss or damage to the goods is only transferred to you as soon as the goods are delivered to you or to a third party other than the carrier appointed by you.
3.1 Delivery Time
We shall only be obliged to perform the service as soon as the customer has fulfilled all his obligations, which are necessary for execution, and in particular has fulfilled all technical and contractual details, preparatory work and preparatory measures. We are entitled to exceed the agreed deadlines and delivery times by up to one week. Only after expiry of this period, the customer can after setting a reasonable grace period
withdraw from the contract. General Conditions of Sale for Trade Non-binding Association Recommendation, issued by the Austrian Chamber of Commerce, Trade Division, for the Chamber of Commerce attributable to its members Page 2
4. Prices and shipping costs
All prices stated in the online shop are final prices in EURO including the applicable value added tax.
We reserve the right to charge you shipping costs. Shipping costs may depend on the goods ordered and the method of payment. The shipping costs will be communicated to you in detail before placing a binding order.
5. Terms of payment and methods of payment / retention of title
The purchase price is due at the latest upon delivery of the goods net without deduction. This also applies to partial deliveries for which the purchase price is to be paid for the partial quantities delivered. Discount deductions require a separate agreement.
The following payment methods are available to you:
* Immediate transfer: Your account will be debited immediately after you have placed your order.
* Credit card (VISA / Master Card): The debit takes place after the goods have been dispatched.
The delivered goods remain our property until all invoice items have been paid in full.
5.1 Defaul interest
In case of late payment, also with installment payments, also any discount agreements will be suspended. Payments by the customer shall only be deemed to have been made on the date of receipt on our business account. In the event of default of payment by the customer, we shall be entitled, at our option, to claim compensation for the damage actually incurred or default interest at the statutory rate. Our company is entitled in the case of default of payment of the customer, from the date of delivery of the goods to demand compound interest.
5.2 Retention of title and its validity
All goods are delivered under retention of title and remain our property until full payment. The assertion of the retention of title is only a withdrawal from the contract, if it is expressly declared. With return of goods, we are entitled to charge incurred transport and handling charges. In the case of access by third parties to the goods subject to retention of title-in particular by garnishment-the customer undertakes to point out our ownership and to inform us immediately. If the customer is a consumer or not an entrepreneur, whose normal business involves trading in the goods we have purchased, he may not dispose of the reserved goods until the purchase price has been fully settled, in particular not sell, pledge, give or lend them. The customer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration.
5.3 Assignment of Claims
If delivered under retention of title, the customer hereby assigns to us its claims against third parties, insofar as these arise through the sale or processing of our goods, until the final payment of our claims on account of payment. The customer must name us at the request of his customers and inform them of the assignment in good time. The assignment must be entered in the books of business, in particular in the open list of items, and made clear to the customer on delivery notes, billing documents, etc. If the customer is in arrears with his payments to us, the sales proceeds entered with him are to be segregated and the customer has these only in our name. Any claims against an insurer are already assigned to us within the limits of §15 of the Insurance Contract Act. Claims against us may not be assigned without our express consent.
6. Right of revocation and consequences of revocation in accordance with the Distance and Foreign Business Act (FAGG)
You have the right to withdraw from this contract within 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods without giving reasons.
You can exercise your right of withdrawal by sending us an email to firstname.lastname@example.org using the following sample withdrawal form:
Sample withdrawal form:
To HG Pharma GmbH, Antonigasse 97/6, 1170 Vienna:
I hereby revoke the contract I have concluded for the purchase of the following goods / the provision of the following service (s)
Ordered on / received on
First and Last Name:
You can use the above sample withdrawal form, but this is not mandatory. The order can also be revoked by returning the goods to Hauptstrasse 21, 6365 Kirchberg in Tirol, Austria.
You must return the goods immediately and in any case within 14 days at the latest. The deadline is met if you send the goods (s) before the period of 14 days has expired. We can refuse to repay the purchase price until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
Instead of returning the goods to the address given above, you also have the option of returning the goods to our business premises at the same address within the cancellation period. We ask you to use the original packaging when sending or returning the goods, if possible, and to enclose the return slip.
If you need support in exercising your right of withdrawal, you can contact the following email address at any time: email@example.com.
In the event that the right of withdrawal is exercised, we will cancel all payments received, including shipping costs (with the exception of the additional costs that result from the fact that you have chosen a different shipping method than the cheapest standard delivery offered by us) immediately and at the latest within 14 days the day on which we received notification of the cancellation of this contract.
The costs for returning the goods are to be borne by you.
In case of default in acceptance or other important reasons, such as in particular bankruptcy of the customer or bankruptcy for lack of assets, as well as default of payment of the customer, we are entitled to withdraw from the contract, if it is not fully met by both sides. In the event of resignation, we have the option, if the customer is at fault, of claiming flat-rate damages of 15% of the gross invoice amount or compensation for the damage actually incurred. In the event of default of payment by the customer, we shall be released from all further performance and delivery obligations and entitled to withhold outstanding deliveries or services and to demand advance payments or seizures or to withdraw from the contract after setting a reasonable period of grace. If the customer withdraws from the contract without being entitled to do so or if he wishes to cancel the contract, we have the option of insisting on the performance of the contract or agreeing to the cancellation of the contract. In the latter case, the customer is obliged to pay a lump sum In the case of distance contracts (§§ 5a Consumer Protection Act), the consumer may withdraw from the contract within 7 working days, whereby Saturdays do not count as working days. The period begins with the day of receipt of the goods by the consumer or, in the case of services, with the day of the conclusion of the contract. It is sufficient to send the resignation within this period. If the consumer withdraws from the contract in accordance with these provisions, he has to bear the costs of returning the goods, and if the contract has been concluded with a credit, he will also have to pay the costs of necessary to carry signatures and the charges (fees) for the granting of credit. In the case of services with which we have agreed to commence work within 7 working days from the conclusion of the contract, it is not possible to resign.
8. Reminder and collection charges
The contracting party (customer) undertakes in the event of default to replace the dunning and collection charges incurred by the creditors, insofar as they are necessary for the purpose of legal prosecution, whereby he undertakes in particular to pay up to a maximum of the remuneration of the involved collection agency replace, which result from the order of the BMwA over the maximum rates of the collection institutes purging remuneration. If the creditor of the dunning system is self-employed, the debtor undertakes to pay an amount of € 10.90 per reminder and an amount of € 3.63 per half-year for keeping the debt in the dunning process.
9. Warranty and liability
The statutory warranty provisions in accordance with the General Civil Code (ABGB) apply. The warranty period for the delivery of movable items is two years and begins with the delivery of the goods.
The warranty claim expires for defects as a result of improper handling and use of the purchased item.
If the delivered goods have obvious material or manufacturing defects, including transport damage, we ask you to report such defects or damage to us immediately. Complaints based on statutory warranty claims or other complaints can be submitted to the following address: firstname.lastname@example.org.
9.2.1 Liability when using the online shop
We will ensure the proper operation and proper administration of the online shop. However, we do not assume any liability for the online shop to be available uninterruptedly or to function free of errors and disruptions at all times.
We are entitled to carry out work on the online shop at any time, even without prior notice, which results in a shutdown or interruption. We are not liable for any damage caused by the unavailability of the online shop. Furthermore, we are also not liable if information is incorrectly or not or not completely transmitted, unless the reason is clearly within our sphere of influence.
We have taken technical and organizational measures to protect our website and the online shop, which correspond to the state of the art. However, we are not liable for unauthorized or improper collection or knowledge of data, especially not of personal data (e.g. contact details) by third parties, such as hackers, who can occur despite the implementation of these technical and organizational measures. When using our online shop, it is your responsibility to take suitable measures yourself to protect the data you have entered from unauthorized access by third parties. We assume no liability if the data you have entered become known to third parties due to incorrect use of our online shop or technical defects.
We are not liable for damage, including consequential damage, such as, in particular, loss or destruction of data, which you suffer 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 shops emerge.
Furthermore, we do not assume any liability for damage that you may incur as a result of the deletion or blocking of your customer account in accordance with point 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 the provision of Section 16 of the E-Commerce Act (ECG), as a service provider we are not obliged to monitor third-party information that is transmitted or stored, or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with the general statutory provisions remain unaffected. In any case, liability in this regard only comes into consideration once we become aware of a specific legal violation. If we become aware of illegal content, we will remove it immediately.
9.2.3 Liability for links
If our website provides links to external third-party websites, on whose content we have no influence, we are not responsible for this external content in accordance with Section 17 of the E-Commerce Act (ECG). The 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 they were linked. We did not see any illegal content. A permanent control of the content of linked pages is not possible and without concrete evidence of legal violations is also not reasonable. Should we become aware of such legal violations, we will remove our links to such sites immediately.
9.2.4 Statutory Liability and Limitation of Liability
Within the scope of these terms and conditions and the statutory provisions, we are only liable for direct damage that you have incurred due to non-fulfillment of our obligations in relation to our services. Our obligation to pay compensation is limited to the amount of the purchase amount for each damage-causing event, with the exception of personal injury to consumers within the meaning of the KSchG. Liability for lost profit, indirect and consequential damage is excluded - as far as legally permissible.
In addition, 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 belong to the trademark owners, HG Pharma GmbH is entitled to exclusive use of the trademark (s). Neither through the use of the website nor through these terms and conditions or in any other way, you are granted trademark usage rights, regardless of whether for commercial or non-commercial use.
All other rights, in particular rights of use to data and information provided and / or transmitted, to texts, photos, graphics, logos, button icons, social plug-ins, audio clips, videos, digital downloads and data collections from HG Pharma or such that are entered when using the website are owned by HG Pharma and remain with HG Pharma for the exclusive and irrevocable use and exploitation for all known and unknown types of use. The rights of use also include the right of HG Pharma to process the data and information sent, 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 held 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 add to 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 at any time to refrain from using our website and to delete your customer account.
12. Online Dispute Resolution
The EU regulation on online dispute resolution in consumer affairs (No. 524/2013) has been in force since January 9, 2016. Disputes between consumers and retailers in connection with online sales contracts or online service contracts can be settled via the following online platform.
The EU Commission offers the possibility of online dispute resolution on a platform operated by it (so-called "OS platform"). The OS 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 reached via the external link ec.europa.eu/consumers/odr.
13. Final provisions
These terms and conditions are subject to Austrian law to the exclusion of the UN sales law.
The place of jurisdiction for legal disputes arising from or about these terms and conditions is the competent court in Vienna. The legal places of jurisdiction for consumers within the meaning of the Consumer Protection Act (KSchG) remain unaffected in the case of a consumer transaction.
Should individual provisions be or become invalid or unenforceable, this shall not affect the remaining conditions. These terms will automatically be replaced with valid and enforceable terms that best serve the intended purpose.
14. Contact and support
If you have any questions or suggestions about our goods and / or services, you can contact us via our website www.hgpharma.at or by e-mail to email@example.com. We strive to process inquiries according to expediency and to incorporate them into the further development and improvement of our website.