the Team Santé SALVATOR Apotheke Mag. Pharm. Magdalena Müntz KG,
Hauptstraße 4, AT-7000 Eisenstadt
Tel: +43 2682 62220 66
Telefax: +43 2682 63919
§ 1 Applicability
1.1 The following General Terms and Conditions (GTC) apply to all business relations between SALVATOR Apotheke Mag. Pharm. Magdalena Müntz KG (hereinafter referred to as "dealer”) and the customer, for all services provided by the dealer via the dealer's online shop in the version valid at the time of the order.
1.2 Customers in relation to these GTC are exclusively consumers.
1.3 Consumers in the context of these GTC are any natural person who concludes a legal transaction for purposes that primarily relate neither to their employed nor their independent professional activities.
1.4 For resellers (pharmacies, wholesalers) and practitioners (doctors, therapists), the statutory provisions apply and are not taken into account in these GTCs.
§ 2 Order procedure, concluding contracts
2.1 The product descriptions contained in the dealer's online shop do not represent binding offers on the part of the dealer for concluding a contract. On the other hand, they represent an invitation to the customer to submit a binding offer.
2.2 The customer may submit the offer via the dealer's online shop ordering system. The customer can select individual products and add them to the virtual shopping basket by clicking on the "add to shopping basket" button. After clicking on "SHOPPING BASKET" (shopping basket symbol) the contents of the virtual shopping basket can be displayed in a separate window. The customer then has the choice to add further products by clicking on the button "CONTINUE PURCHASE" or to proceed to the order process by clicking on the button “PAYMENT". Before the order process is started, the customer must register. The customer can log into any existing customer account or create a new account as a new customer. “Guest orders" without an account and password are also possible. As an introduction to the ordering process, the customer is shown an overview of the products in the shopping basket. There the customer has the possibility to change the number of individual products or to remove individual products from the shopping basket. New customers will be asked for any applicable different delivery address, the shipping method and the payment method. Existing customers are immediately shown an order overview based on previous orders. Here, all information provided in the context of the order can be checked once again and corrected if necessary. If no corrections are necessary and the customer wishes to send the order with the binding data listed in the overview, a click on the button "BUY" is sufficient. By doing so, the customer submits a legally binding offer to conclude a sales contract for the goods in the shopping basket. However, the customer has the possibility to cancel the order process at any time or to go back to the previous step. The confirmation of receipt of the order follows immediately after sending
the order and does not yet represent contract acceptance. Past orders can be viewed via the customer account.
2.3 The dealer can accept the customer's offer within five days by sending the customer an order confirmation by e-mail or by delivering the goods within one week of receiving the order. If the dealer does not accept the offer within this period, this shall be deemed a rejection of the offer. In this case, the customer is then no longer bound by their declaration of intent.
2.4 Medicinal products are only dispatched in a quantity corresponding to normal personal requirements, but not exceeding 5 items.
2.5 The German language is decisive for the contract conclusion.
§ 3 Prices and payment conditions
3.1 The prices stated in the dealer's online shop are final prices in euros. The prices thus include in particular the statutory value added tax, but do not include shipping costs.
3.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the dealer is not responsible and which are to be borne by the customer.
These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties, import and export charges). Such costs may also be incurred in relation to the transfer of funds if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
3.3 The following payment options are available to the customer: Credit card, PayPal and invoice.
3.4 If the credit card payment method is selected, the customer's credit card will be charged upon completion of the order.
3.6 If the invoice payment method is selected, the customer will receive an invoice together with the delivery of the goods, which must be settled within the payment period specified there.
3.7 The dealer reserves the right to choose the invoice payment method after a possible credit check or in case of default of payment to ask the customer to pay the invoice amount and also all existing claims against them in advance. In this case the goods will be delivered only after receipt of payment.
§ 4 Delivery and shipping conditions
4.1 The delivery of the goods is generally carried out as a package within five working days (Monday to Friday, excluding public holidays) by an appointed transport company. Longer delivery times are indicated separately in the order process.
4.2 The goods are shipped to the delivery address indicated by the customer in the ordering process, unless otherwise agreed in individual cases. The delivery is confirmed by the signature of the recipient. Delivery is not made to children.
4.3 If the goods are returned to the dealer by the transport company because delivery to the customer was impossible, the customer shall bear the costs incurred due to the unsuccessful shipment (e.g. costs of return transport).
§ 5 Retention of title
If the dealer makes an advance payment, they reserve the right of ownership of the delivered goods until full payment of the purchase price owed.
§ 6 Information on liability for defects
The statutory law on liability for defects shall apply.
§ 7 Information online dispute settlemen
The EU Commission provides an Internet platform for the online settlement of disputes (so-called OS platform). This OS platform is intended to serve as a contact point for the out-of-court settlement of disputes in connection with contractual obligations arising from online sales contracts. The OS platform can be reached under the following link: http://ec.europa.eu/consumers/odr. The dealer's e-mail address can be found in the contact data or the legal notice.
§ 8 Applicable law
8.1 The law of the Federal Republic of Austria applies to all legal relations between the dealer and the customer, excluding the laws on the international purchase of movable goods. However, this choice of jurisdiction only applies insofar as the protection granted by mandatory regulations of the state law in which the customer has their habitual residence is not withdrawn.
8.2 Furthermore, this choice of jurisdiction does not apply with regard to the statutory right of revocation for customers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of
conclusion of the contract.
§ 9 Links
This website contains links to external websites of third parties, on whose content we have no influence. We can therefore assume no liability for this external content. The respective supplier or operator of these websites is always responsible for the linked pages. The linked pages are checked at the time of linking for possible legal contraventions. No unlawful content was found at the time of linking. However, a constant content control of the linked pages is not feasible without concrete suspicions of a legal infringement. Should legal infringements come to light, we shall remove such links immediately.
§ 10 Severability clause
Should individual provisions of the contract, including these provisions, be wholly or partially invalid, or should the contract contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective regulations. A waiver of these rights cannot be derived from the fact that we do not exercise some or all of the rights granted to us.
In the event of contractual disagreements, we accept the Internet Ombudsman and the Austrian E-Commerce Quality Mark Association as an extrajudicial arbitration body, but without waiving the right to take legal action.
§ 11 Usage of finished medicinal products
Our medicinal products are intended as finished medicinal products exclusively for dispensing to patients. It is not permitted to use our finished medicinal products as a starting material for any further production.