General Terms and Conditions

- for B2C transactions -

I. Offer and Contract Conclusion

The order signed by the customer constitutes a binding offer. We may accept this offer within two weeks by sending an order confirmation or by shipping the ordered goods within this period.

II. Provided Documents

We retain ownership and copyright of all documents provided to the customer in connection with the order – including electronic documents. These documents may not be made accessible to third parties unless we expressly provide written consent to the customer. If we do not accept the customer's offer within the period specified in Section I, these documents must be returned to us immediately.

III. Prices and Payment

Our prices include value-added tax. Delivery and shipping costs are not included in our prices or are listed separately.

The payment of the purchase price is processed exclusively via the payment service "Mollie" (Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie")). The payment options provided by the Mollie payment provider are as follows:

PayPal, Klarna Invoice, Klarna Sofort, SEPA bank transfer (prepayment), Mastercard, Visa, American Express, Apple Pay. Further information about "Mollie" is available online at https://www.mollie.com/de/.

IV. Offsetting and Retention Rights

The customer is entitled to offsetting only if their claims have been legally binding or are undisputed. The customer is also entitled to offset against our claims if they assert complaints or counterclaims from the same purchase contract. The customer may exercise a right of retention only if their counterclaim is based on the same contractual relationship.

V. Delivery Time

Unless an explicitly binding delivery date has been agreed upon, our delivery dates or deadlines are non-binding.

The start of the delivery period specified by us requires the timely and proper fulfillment of the customer's obligations. The defense of non-performance of the contract remains reserved.

The customer may, two weeks after exceeding a non-binding delivery date or deadline, request us in writing to deliver within a reasonable period. If we culpably fail to meet an express delivery date/deadline or are otherwise in default, the customer must grant us a reasonable grace period to fulfill the delivery. If we let this period lapse without result, the customer is entitled to withdraw from the purchase contract.

If the customer is in default of acceptance or culpably violates other cooperation obligations, we are entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved. The customer retains the right to prove that no damage occurred at all or that it was significantly lower than the demanded amount. The risk of accidental loss or deterioration of the purchased item passes to the customer at the time they are in default of acceptance or debtor’s default.

Further statutory claims and rights of the customer due to a delivery delay remain unaffected.

VI. Retention of ownership

We retain ownership of the delivered goods until full payment of all claims from the delivery contract.

The customer is obligated to handle the goods with care as long as ownership has not yet been transferred.

The processing or transformation of the purchased goods by the customer is always carried out in our name and on our behalf. In this case, the customer’s expectancy right to the purchased goods continues in the transformed goods. If the purchased goods are processed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the objective value of our goods compared to the other processed items at the time of processing.

VII. Warranty and Complaints

Unless otherwise explicitly stated as binding in our brochures, advertisements, and other offer documents, the images or drawings contained therein are only approximately authoritative.

If the delivered item does not have the agreed condition between the customer and us, is unsuitable for the contractual use, or lacks properties that the customer could expect from our public statements, we are obliged to provide supplementary performance. This does not apply if we are entitled to refuse supplementary performance under legal regulations.

The customer initially has the choice of whether supplementary performance should be carried out by repair or replacement. However, we are entitled to refuse the chosen method of supplementary performance if it is only possible at disproportionate costs and the other method remains without significant disadvantages for the customer. During supplementary performance, the customer may not reduce the purchase price or withdraw from the contract. A repair is considered unsuccessful after the second failed attempt unless, due to the nature of the goods, defect, or other circumstances, something else applies. If supplementary performance has failed or we have refused it altogether, the customer may choose to demand a reduction in the purchase price (reduction) or withdraw from the contract.

Compensation claims due to the defect can only be asserted by the customer under the following conditions after supplementary performance has failed or we have refused supplementary performance.

We are liable for damages caused by simple negligence only if they involve the breach of contractual obligations whose fulfillment is essential for achieving the contractual purpose (cardinal obligations). However, we are only liable to the extent that damages are typically associated with the contract and foreseeable. For simple negligent breaches of non-essential secondary obligations, we are otherwise not liable. The limitations of liability in sentences 1-3 also apply to legal representatives, executives, and other agents.

Further liability is excluded regardless of the legal nature of the asserted claim. If our liability is excluded or limited, this also applies to the personal liability of our employees, workers, representatives, and agents.

The warranty period is two years from the transfer of risk (“Gefahrübergang”). This period also applies to claims for compensation for consequential damages unless claims from tort are asserted.

At temperatures above 25°C, we cannot guarantee that the products will remain intact during shipping and, for example, not melt.

VIII. Right of Withdrawal

If you are a consumer (i.e., a natural person placing an order for a purpose that cannot be attributed to your commercial or independent professional activity), you are entitled to a right of withdrawal in accordance with statutory provisions.

If you, as a consumer, exercise your right of withdrawal, MEDICE will bear the return shipping costs for orders with a value/basket of EUR 25 or more. For orders with a value of less than EUR 25, the consumer shall bear the return shipping costs.

In addition, the regulations regarding the right of withdrawal are those set forth in the following

Withdrawal Instructions / Right of Withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, take possession of the goods.

In order to exercise your right of withdrawal, you must inform us

MEDICE Arzneimittel Pütter GmbH & Co. KG
Kuhloweg 37, 58638 Iserlohn
0800 7240452
service@mail.medice-health-family.com

by means of a clear statement (e.g., a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the enclosed sample withdrawal form, although its use is not mandatory. You may also complete and submit the sample withdrawal form or any other unequivocal statement electronically on our website (insert Internet address). If you make use of this option, we will immediately (e.g., by e-mail) confirm receipt of such a withdrawal.

It is sufficient for compliance with the withdrawal period if you send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal:

If you withdraw from this contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs arising from your choosing a mode of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive your communication of withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earliest.

MEDICE will bear the return shipping costs for orders with a value/basket of EUR 25 or more. For orders with a value of less than EUR 25, the consumer shall bear the return shipping costs.

You must return or hand over the goods to us or to (insert, if applicable, the name and address of the person authorized by you to receive the goods) without delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You are only liable for any diminished value of the goods if this diminished value is due to handling beyond what is necessary to determine the nature, characteristics, and functioning of the goods.

Limitation of the Right of Withdrawal:

- Sealed Goods:

The right of withdrawal expires for sealed goods that are not suitable for return due to health protection or hygiene reasons if the seal has been removed after delivery.

- Contracts for the Supply of Goods that May Spoil Quickly or whose Expiry Date Would Be Rapidly Exceeded:

Such goods are excluded from return.

- End of the Withdrawal Instructions –

We provide information regarding the sample withdrawal form as follows in accordance with statutory regulation:

Sample Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

- To:

MEDICE Arzneimittel Pütter GmbH & Co. KG
Kuhloweg 37
58638 Iserlohn

– I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/for the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if this form is notified on paper)

– Date __________

(*) Delete as appropriate

IX. Universal Vouchers

(1) You can purchase universal vouchers from the provider Living Bytes Kundenbindungs- und Kundengewinnungsprogramme GmbH, Holsteiner Chaussee 183a, 22457 Hamburg.

(2) Vouchers are valid for three years from the purchase date and are not personalized. A cash payout of the voucher value is excluded.

(3) Living Bytes reserves the right to update the list of affiliated partners without prior notice. There is no guarantee that a specific partner will remain part of the voucher program at all times.

(4) In the event of loss or theft of the voucher, Living Bytes will not provide refunds or replacements. The user is responsible for keeping the voucher safe.

X. Miscellaneous

This contract and the entire legal relationship between the parties are subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention (CISG).

Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions remain unaffected.