Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redeeming Promotional Vouchers
- Redeeming Gift Vouchers
- Applicable Law
- Jurisdiction
- Disclaimer
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of PhytoCureXL (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods presented in the Seller's online store. Any inclusion of the Customer's own terms is hereby rejected unless otherwise agreed.
1.2 These GTC also apply accordingly to contracts for the delivery of vouchers, unless explicitly stated otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions in the Seller's online store do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer for the goods in the shopping cart by clicking the button that concludes the order process.
2.3 The Seller may accept the Customer's offer within five days by:
- sending a written order confirmation or an order confirmation in text form (fax or email) to the Customer, with receipt by the Customer being decisive, or
- delivering the ordered goods to the Customer, with receipt by the Customer being decisive, or
- requesting payment from the Customer after the order has been placed.
If multiple of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent.
2.4 When selecting the "PayPal" payment method, payment is processed via the payment service provider PayPal (Europe) S.Ã r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that concludes the order process. In this case, the Seller declares acceptance of the Customer's offer at the moment the Customer triggers the payment process by clicking the button that concludes the order process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order is placed. The contract text will not be made available beyond this. If the Customer has set up a user account in the Seller's online store before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the relevant login data.
2.6 Before placing a binding order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical tool for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the order process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties engaged with the order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further details on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the product description of the Seller, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 Various payment options are available to the Customer, which are specified in the Seller's online store.
4.3 If payment in advance has been agreed, the payment is due immediately after the contract is concluded unless the parties have agreed on a later due date.
4.4 If payment is made via a payment method offered by PayPal, payment processing will be handled by the payment service provider PayPal, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If a payment method offered via "Shopify Payments" is selected, payment processing will be handled by the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify will be communicated to the Customer in the Seller's online store. Shopify may use other payment services for processing payments, for which special payment conditions may apply, and which the Customer will be informed about separately. Further information on "Shopify Payments" can be found online at https://www.shopify.com/payments.
5) Delivery and Shipping Conditions
5.1 The delivery of goods will be made to the delivery address provided by the Customer, unless otherwise agreed.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of dispatch if the Customer effectively exercises their right of withdrawal. For return costs, if the Customer effectively exercises their right of withdrawal, the provisions in the Seller's cancellation policy shall apply.
5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer or a person authorized to receive the goods upon delivery. However, if the Customer has independently commissioned a transport company not named by the Seller or a person otherwise designated to carry out the shipment, the risk passes to the Customer upon delivery to the carrier.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers will be provided to the Customer as follows: - by email
6) Retention of Title
6.1 The Seller retains ownership of the delivered goods until full payment of the purchase price owed.
6.2 For entrepreneurs, the Seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been fully settled.
6.3 If the Customer is acting as an entrepreneur, they are entitled to resell the goods subject to retention of title in the ordinary course of business. All claims arising from such resale are assigned to the Seller in advance in the amount of the respective invoice value (including VAT). This assignment applies irrespective of whether the goods have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller's authority to collect the claims themselves remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations to the Seller, is not in default, and no application for the opening of insolvency proceedings has been filed.
7) Liability for Defects (Warranty)
If the purchased item is defective, the statutory provisions on liability for defects shall apply. Deviating from this:
7.1 If the Customer is acting as an entrepreneur:
- the Seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from the transfer of risk;
- rights and claims for defects in used goods are generally excluded;
- the limitation period does not start again if a replacement delivery is made as part of liability for defects.
7.2 If the Customer is acting as a consumer, the following applies to used goods with the restriction of the following sentence: Claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects occurring within one year from delivery of the goods can be asserted within the statutory limitation period.
7.3 The liability exclusions and shortened limitation periods set out in the preceding clauses do not apply:
- to items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- to claims for damages and reimbursement of expenses by the Customer;
- if the Seller has fraudulently concealed the defect.
7.4 For entrepreneurs, the statutory limitation periods for the right of recourse under Section 445b of the German Civil Code (BGB) remain unaffected.
7.5 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to examine and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification requirements specified therein, the goods shall be deemed approved.
7.6 If the Customer is acting as a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.
8) Liability
8.1 The Seller shall be liable without limitation for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the Seller, their legal representatives, or vicarious agents.
8.2 Furthermore, the Seller shall be liable without limitation for damages covered by mandatory statutory provisions, such as the Product Liability Act.
8.3 For the breach of essential contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely, the Seller shall be liable for damages caused by slight negligence, limited to the foreseeable, typically occurring damage.
8.4 Otherwise, liability for damages caused by slight negligence is excluded, unless an essential contractual obligation has been violated.
9) Redeeming Promotional Vouchers
9.1 Promotional vouchers that cannot be purchased and are issued free of charge by the Seller as part of advertising campaigns with a specific validity period may only be redeemed in the Seller's online store and only during the specified period.
9.2 Promotional vouchers cannot be applied to products excluded from the voucher, if such exclusion is stated on the voucher
9.3 Promotional vouchers must be redeemed before completing the order process, as subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be paid out.
9.6 If the value of the promotional voucher is insufficient to cover the order value, one of the other payment methods offered by the Seller may be selected to settle the difference.
9.7 The promotional voucher will not be paid out in cash and does not earn interest.
9.8 If goods that have been paid for in full or in part with a promotional voucher are returned, the voucher value will not be refunded in cash. Instead, the value of the voucher, if returned within the scope of the right of withdrawal, will be credited in the form of a new voucher.
10) Redeeming Gift Vouchers
10.1 Gift vouchers that can be purchased via the Seller's online store can only be redeemed in the Seller's online store, unless otherwise stated.
10.2 Gift vouchers and any remaining balance of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. The remaining balance will be credited to the Customer until this expiration date.
10.3 Gift vouchers can only be redeemed before completing the order process; subsequent offsetting is not possible.
10.4 Multiple gift vouchers can be redeemed per order.
10.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order value, one of the other payment methods offered by the Seller may be selected to settle the difference.
10.7 The voucher value will not be paid out in cash and does not earn interest.
10.8 The gift voucher is issued to the person who purchased it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material authorization of the respective voucher holder.
11) Applicable Law
11.1 The legal relationships between the parties are governed by the laws of the State of Florida, USA, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
12) Jurisdiction
12.1 If the Customer is a merchant, a legal entity under public law, or a special fund under public law based within the European Union, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the Customer is located outside the European Union, the Seller's place of business shall also be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In all cases, however, the Seller is entitled to bring an action at the Customer's place of business.
13) Disclaimer
13.1 Disclaimer and general notice on medical topics.
The content presented on our website is for neutral information and general education purposes only. It does not constitute a recommendation or promotion of the described or mentioned diagnostic methods, treatments, or products. The texts make no claim to completeness, nor can the accuracy, timeliness, and balance of the presented information be guaranteed.
The texts and product descriptions are not a substitute for professional advice from a doctor or pharmacist and should not be used as a basis for independent diagnoses or for the initiation, modification, or termination of treatment of illnesses. Always consult the doctor you trust with health questions or complaints! The information and products offered are not intended to replace prescribed medication and are not suitable for diagnosing, treating, curing, or preventing any disease. We and our authors accept no liability for any inconvenience or damage resulting from the use of the information and/or products presented on this website.