Terms and conditions (AGB)
Lion Pharmacy c/o Löwen Apotheke24
Lichtentaler Str. 3
76530 Baden-Baden
You can view the general terms of contract at any time on this page. For security reasons, your specific order data cannot be accessed via the Internet and will be treated confidentially in accordance with our data protection regulations.
§ 1 Scope
Löwen Apotheke provides all deliveries and services exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order. Löwen Apotheke does not recognize any regulations deviating from these terms and conditions unless they are expressly confirmed in writing by Löwen Apotheke.
§ 2 Conclusion of contract
Offers of Löwen Apotheke, in particular product presentations on the homepage, are subject to change and represent an invitation to the customer to make an offer in the legal sense. The order is placed by submitting the fully completed order form in the online procedure. The purchase contract is not already concluded with the order confirmation of the pharmacy, but only with the sending of a delivery confirmation or with the delivery of the goods.
Prescription drugs will be shipped only if the original medical prescription is available.
§ 3 Cancellation policy, right of withdrawal.
You can cancel your contract declaration within two weeks without giving reasons in writing (eg letter, fax, e-mail) or by returning the goods. The period begins at the earliest with receipt of this instruction. The timely dispatch of the revocation or the item is sufficient to comply with the revocation period. The revocation is to be addressed to: Löwen Apotheke, Lichtentaler Str. 3, 76530 Baden-Baden, Germany
THE RIGHT OF REVOCATION DOES NOT APPLY TO CONTRACTS:
– for the delivery of medicinal products, as proper storage and thus the quality standards prescribed by the German Medicinal Products Act can no longer be guaranteed (§ 312g II No. 2 and 3, BGB)
– for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss of value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as it would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation by not using the item as an owner and refraining from doing anything that could impair its value. Items that can be shipped by parcel are to be returned at our expense and risk. Items that cannot be shipped by parcel will be picked up from you. You must fulfill obligations to refund payments within 30 days of sending your notice of cancellation.
You have to bear the costs of the return if the delivered goods correspond to the ordered goods. If everything was fine with your delivered items, we may reserve the right to withhold the regular cost of return from the refund amount. The cost is 5,90 € for shipments within Germany. In other countries of the EU, EEC, Great Britain and Switzerland the return costs are 18,00 € (Corresponds to the shipping costs). Otherwise, the return is free of charge for you.
§ 4 Delivery
Delivery is made at the discretion of the buyer from the warehouse to the delivery address specified by the buyer. Löwen Apotheke is entitled to make partial deliveries. This does not incur any additional costs for postage and packaging for the purchaser. Information on the delivery period is non-binding, unless the delivery date has been bindingly promised as an exception.
In justified cases, Löwen Apotheke may, in accordance with the Pharmacy Operating Regulations and contrary to the information provided by the Ordering Party, in particular due to the specific nature of the medicinal product (e.g. narcotic), order that the medicinal product be delivered only against written confirmation of receipt.
§ 5 Delay
Delivery times are not binding. Binding delivery dates require written confirmation by Löwen Apotheke to be effective.
§ 6 Shipping costs
Information on the amount of the shipping costs for messenger delivery and/or shipping by external logistics service provider is given under the link “Shipping costs” as well as during the ordering process in the shopping cart.
§ 7 Payment
The purchase price is due immediately with the order. It is composed of the gross prices indicated, including value-added tax. The packing is included in the price. The buyer can pay the purchase price by means of the methods of payment specified by us.
If the Customer is in default of payment, Löwen Apotheke shall be entitled to default interest in the amount of 3 percentage points above the respective prime rate of the European Central Bank. The proof of none or of a lower damage caused by delay by the Customer or of a higher damage caused by the Pharmacy is admissible.
§ 8 Offsetting
The customer shall only have the right to offset if his counterclaims have been legally established or expressly recognized in writing by Löwen Apotheke.
§ 9 Retention of title
The delivered goods shall remain the property of Löwen Apotheke until all existing claims against the customer have been settled in full.
§ 10 Warranty, Liability
The warranty shall be provided in accordance with the statutory provisions, whereby the Pharmacy shall be entitled, in the event of a defect in the goods, to make a subsequent delivery or to rectify the defect at the discretion of the Purchaser. If the rectification finally fails or if the subsequently delivered goods are also defective, the customer may demand reimbursement of the agreed price against return of the goods or reduction of the purchase price. The warranty period is 2 years.
The pharmacy shall be liable without limitation for damage for which it is responsible arising from injury to life, limb or health as well as in the event of intent, gross negligence and fraudulent intent. Liability under the Product Liability Act or under warranty shall remain unaffected. In the event of a slightly negligent breach of material contractual obligations, the pharmacy’s liability shall be limited to the foreseeable damage typical for the contract. Further claims of the purchaser other than those mentioned are excluded, irrespective of the legal grounds. The above provisions do not imply a change in the burden of proof to the detriment of the Purchaser.
§ 11 Data protection
The customer is aware and agrees that his personal data necessary for the order and order processing will be stored on data carriers in compliance with the Federal Data Protection Act (BDSG) and Teleservices Data Protection Act (TDDSG) and treated confidentially. Medication and health-related data of the customer will only be stored with a separate written declaration of consent of the customer.
The customer has the right to revoke this consent at any time with effect for the future. Löwen Apotheke undertakes to delete personal data immediately in the event that this is not the case, unless an order process has not yet been fully completed.
§ 12 Place of Jurisdiction, Applicable Law, Miscellaneous
The place of jurisdiction for all disputes arising from this contractual relationship shall be 76530 Baden-Baden for registered traders and persons who do not have a general place of jurisdiction in Germany. The business relationship shall be governed exclusively by German law with the exception of the United Nations Convention on Contracts for the International Sale of Goods – CISG.
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