Terms and Conditions
§ 1 General Provisions – Scope of Application
1.1 All business relationships between MITOcare GmbH & Co. KG ("MITOcare" or "we") and the customer shall be governed exclusively by the following General Terms and Conditions in their version valid at the time of the order.
1.2 Deviating terms and conditions will not be recognized unless their validity is expressly agreed to in writing.
1.3 The contractual relationship is concluded upon placement of an order between MITOcare GmbH & Co. KG, Thalkirchner Str. 210, D-81371 Munich, reachable at +49 89 24881630, and the customer ("Customer").
§ 2 Offer
2.1 Your order (e.g. by fax, phone, email, at trade fairs, in store or by other means) is a binding offer.
2.2 Our product descriptions on the Internet do not constitute a binding offer to conclude a contract, but an invitation to place an order (customer's offer).
2.3 To place an order, please proceed as follows:
- a) When purchasing via the online order form, the goods intended for purchase are placed in the "shopping cart".
- b) You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
- c) After calling up the "Checkout" page and entering personal data as well as payment and shipping conditions, all order data will be displayed again on the order overview page.
- d) Before submitting the order, you have the opportunity to review and change all information again (also via the "back" function of the Internet browser) or cancel the purchase.
- e) By submitting the order via the "order with obligation to pay" button, you place a binding offer with us.
- f) The right to revoke the order, which may exist under Section 3, remains unaffected by this.
2.4 We will immediately confirm receipt of your order by e-mail. Such an e-mail does not yet constitute a binding acceptance of the order, unless it simultaneously declares acceptance in addition to confirming receipt.
2.5 You are bound to an order placed by you for fourteen (14) calendar days. We are entitled to accept the offer within this period. The time at which our acceptance reaches the customer is decisive for compliance with the deadline. The dispatch of the ordered goods also counts as acceptance.
2.6 We can only consider orders for deliveries abroad from a minimum order value of EUR 25.
2.7 If the products are not available within the delivery period (two weeks) mentioned in Section 4, we will inform you of this before you place your order and provide you with an estimated delivery period, which will comprise a maximum of two additional weeks. If you still place your order, you agree to an extended delivery time of up to a total of four weeks. Section 4.2 applies accordingly.
§ 3 Right of withdrawal of consumers and consequences of withdrawal
3.1 Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days and begins on the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. If you have ordered several goods together and these are delivered separately, the withdrawal period is fourteen (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 last good. If you have ordered goods that are delivered regularly over a specified period, the withdrawal period is fourteen (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 first good.
To exercise your right of withdrawal, you can contact us at
MITOcare GmbH & Co. KG
Thalkirchner Str. 210
81371 München
Tel.: +49 89 24 88 163-0
Fax: +49 89 24 88 163-99
E-Mail: info@mitocare.de
www.mitocare.de
by means of a clear declaration (e.g., orally (by phone), a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
To exercise your right of withdrawal, you can also fill out this form (click here).
You can find the information we need in case of withdrawal in this form.
3.2 Consequences of revocation
If you effectively revoke your contract, we are obliged to refund all payments we have received from you, including shipping costs (with the exception of additional costs resulting from a different type of delivery than the offered, inexpensive standard delivery and in case of partial revocation), without undue delay and at the latest within fourteen (14) days from the day on which we received notification of your revocation of this contract.
The same means of payment that you used for the original transaction will be used by us for the refund. Other means of payment may be chosen if expressly agreed. In no case will you be charged any fees for the refund. After an effective revocation, the services received by both parties must be returned. We are entitled to refuse the refund until we have received the goods back or until you have provided proof of proper shipment of the goods. The period begins on whichever is the earlier date.
You must return or hand over the goods immediately and in any event no later than fourteen (14) days from the day on which you informed us of the revocation of the contract, to MITOcare GmbH & Co. KG, Thalkirchner Str. 210, 81371 Munich. The deadline is met if you send the goods before the expiry of the fourteen (14) day period. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
The right of revocation is excluded for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
§ 4 Delivery – Delivery Period
4.1 Deliveries and services must be made within a period of two weeks.
4.2 Should we fail to meet an agreed delivery date, the buyer must grant us a reasonable grace period, which in no case may be less than two weeks.
§ 5 Delivery – Delivery Period
5.1 All prices in our online shop are gross prices including statutory value added tax and do not include shipping costs.
5.2 Shipping costs are indicated in our online shop's price information. The price including value added tax and applicable shipping costs will also be displayed in the order form before you submit the order.
5.3 The purchase price payment is due in full upon delivery, unless otherwise stated in the order form, delivery documents, invoice or order confirmation.
5.4 If you effectively revoke your declaration of contract in accordance with section 3, you may, under the legal conditions, demand reimbursement of costs already paid for shipping to you (outward shipping costs) (cf. section 3.2 for other consequences of revocation).
An overview of shipping costs can be found here.
§ 6 Terms of Payment, Set-off and Right of Retention
6.1 The purchase price and shipping costs are to be paid immediately, at the latest within ten (10) days of receipt of our invoice.
6.2 Payment of the purchase price for orders in the online shop is made according to the payment options offered in the online shop. An overview of the payment terms can be found here.
6.3 The statutory rules regarding the consequences of default in payment apply.
6.4 You are only entitled to offsetting rights if your counterclaims have been legally established, are undisputed, or have been acknowledged by us. Furthermore, you are authorized to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§ 7 Warranty
7.1 We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions. The limitation period for statutory warranty claims is two years and begins with the delivery of the goods.
7.2 Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items are in addition to claims for material defects or defects of title within the meaning of Section 7.1. Details of the scope of such warranties can be found in the warranty conditions that may accompany the items.
§ 8 Liability
8.1 We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.
8.2 In other cases, unless otherwise stipulated in Section 8.3, we shall only be liable for the breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and then limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
8.3 Our liability for damages arising from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 8.4 Retention of Title
The delivered goods remain our property until full payment of the purchase price.
§ 9 Storage of Personal Data – Consent, Data Protection
9.1 You expressly agree that the personal data provided by you may be stored by us or a third party commissioned by us for the duration of the contract and its processing, as well as thereafter for maintaining the ongoing customer relationship.
9.2 We undertake to the customer that the stored data will only be used by us for our own purposes and for the purpose of order processing (e.g. for the necessary checks in the case of purchase on account). We are not permitted to pass on the data to uninvolved third parties, unless there is a legal or official obligation to do so. For details, please refer to our privacy policy (click here).
§ 10 Applicable Law, Dispute Resolution
10.1 The law of the Federal Republic of Germany shall apply; the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The applicability of mandatory norms of the state in which the customer has their habitual residence at the time of concluding the contract remains unaffected by this choice of law.
10.2 Dispute Resolution: The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
