Terms of service
Preface:
The media owner, Burgerstein GmbH, Währinger Strasse 20/12, 1090 Vienna, provides the web platform https://shop.burgerstein.at for the lawful processing of the sale of Burgerstein products by Stern Apotheke Kuhn& Mather OG, Ottakringerstrasse 39, 1160 Vienna.
1. general validity of the GTC (as of 03/20203)
These General Terms and Conditions (hereinafter referred to as "GTC") form the basis for the business activities of those transactions of Stern Apotheke Kuhn& Mather OG, Ottakringerstrasse 39, 1160 Vienna, hereinafter referred to as "Stern Apotheke", which are concluded by distance selling via the web platform https://shop.burgerstein.at.
The GTC form an integral part of all contracts, agreements, offers and other legal declarations concluded by Stern Apotheke by distance selling with business partners (hereinafter referred to as the "Customer"). By entering into a business transaction with Stern Apotheke by distance selling in writing, in person or in any other way, the customer agrees to the validity of Stern Apotheke's GTC.
The products ordered online are sent to the customer.
The following General Terms and Conditions (GTC) apply to the sale of goods ordered by customers as consumers (customers) in the online store on the homepage https://shop.burgerstein.at, which can be accessed directly at https://shop.burgerstein.at.
Offers and deliveries are made exclusively on the basis of these GTC and our terms and conditions on delivery and shipping costs, which form an integral part of these GTC and can be accessed on our homepage on a daily basis under "GTC" and "Shipping & Payment".
Our GTC (including the "Delivery and shipping costs") are deemed to be accepted by the customer when placing an order for goods in the current version on the day of the order.
Stern Apotheke shall be entitled to amend or supplement these GTC including all components and annexes thereto (in particular the "Delivery and Shipping Costs") at any time. Orders shall be processed in accordance with the GTC (and "Delivery and shipping costs") in force at the time of the order. Deviating agreements between us and the customer require an express written agreement.
IT service provider & media owner
The customer is aware that Burgerstein GmbH, Währinger Strasse 20/12, 1090 Vienna, hereinafter referred to as "Burgerstein GmbH", operates this website as an IT service provider, but that all contracts and agreements are concluded directly between the customer and Stern Apotheke or offers are addressed directly to Stern Apotheke. Any claims of any kind in connection with the goods offered can therefore only be addressed to Stern Apotheke, although Burgerstein GmbH acts as a service point and will forward any concerns/complaints to Stern Apotheke without delay. The same applies to product-related questions, for which Stern Apotheke is the direct contact. Burgerstein GmbH is the contact for all administrative questions.
2. the conclusion of the contract
The online store merely provides a non-binding overview and information about our products and offers the customer an invitation to submit an offer. The contract between the customer and Stern Apotheke shall only come into effect through the customer's offer (= the order via the online order form) and its acceptance by Stern Apotheke.
The customer's offer (order) shall become effective upon its actual receipt by us. It can only be revoked in writing until we have gained actual knowledge of the offer. Such a possible revocation is only possible by means of an e-mail immediately following the offer.
The customer will be informed that we have received the order by an electronic order message, which provides the customer with an order overview. However, this order message does not constitute acceptance of the offer.
If goods are ordered for collection by the customer, Stern Apotheke accepts the customer's offer by sending a confirmation by e-mail, in which the customer is also informed that the goods are ready for collection. If the goods are ordered for shipment to the customer, Stern Apotheke accepts the customer's offer conclusively by sending a confirmation by e-mail to the customer informing him of the shipment of the goods or by notifying the customer by telephone expressly or by delivering the ordered goods.
If we cannot fulfill an order or cannot do so within a reasonable period of time or if we cannot accept an offer, we will inform the customer immediately.
3. prices/ shipping costs
The prices quoted are inclusive of VAT, but exclusive of shipping costs, unless expressly stated otherwise. The shipping costs and any import duties (customs duties) shall be borne by the customer.
The customer receives information about shipping costs and postage during the ordering process for each individual order via the online store. The customer will also find a list of all shipping costs under "Shipping & Payment".
4. payment modalities
Payment can be made
* by EU-Standard Bank Transfer to our account at Stern Apotheke, BLZ 14000, BAWAG PSK, in the name of Stern Apotheke Kuhn&Mather OHG
IBAN: AT27 1400 0072 1001 2103
BIC: BAWAATWW
* by credit card, Paypal, immediate bank transfer.
5. terms of delivery
Delivery (shipment) shall be made
* when paying by EU Standard Bank Transfer: After receipt of the purchase price (including shipping costs) on our account as soon as possible, but at the latest within a period of 28 days after receipt of the purchase price, unless otherwise agreed with the customer. Note: If this payment method is selected, the customer will receive a notification that the goods will be dispatched once the money has been credited to our account.
* for payment by credit card: After positive confirmation of payment by the credit card company at the earliest possible date, but at the latest within a period of 28 days after receipt of this payment confirmation, unless otherwise agreed with the customer.
6. transfer of risk
Transportation risk regulation:
The risk of damage to or loss of the goods shall only pass to the customer (or a third party designated by the customer) upon delivery to the customer, provided that the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG). Partial deliveries are permitted if the goods are not immediately available and cannot be procured at short notice with reasonable effort.
However, if the customer has concluded the contract of carriage himself without making use of a selection option proposed by us, the risk shall be transferred when the goods are handed over to the carrier. The risk of loss shall remain with Stern Apotheke 1160 Wien unless the consumer has made use of a selection option suggested by us in writing.
7. reservation of title
Stern Apotheke shall retain title to the goods until the customer has paid the purchase price for the goods in full, including any shipping costs and postage.
8. withdrawal policy (right of withdrawal, withdrawal period, withdrawal policy)
The following information only applies if the customer is a consumer within the meaning of Section 1 of the Consumer Protection Act (KSchG) and the order is therefore not attributable to a commercial or independent professional activity of the customer.
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 named by you, who is not the carrier, took possession of the last goods.
To exercise the right to cancel, you must inform us - Stern Apotheke , Ottakringerstrasse 39, 1160 Vienna, e-mail address: kundenservice@medistore.at - of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
You can 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.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return the goods to us - Stern Apotheke, Ottakringerstrasse 39, 1160 Vienna - by a logistics company of your choice without delay and in any case within fourteen days of the day on which you inform us of the revocation of this contract at the latest. The deadline is met if you send the goods before the period of fourteen days has expired. Costs of return You bear the direct costs of returning the goods. Loss of value of returned goods due to handling that reduces their value You only have to pay for any loss of value of returned goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Exceptions to the right of withdrawal
Orders for sealed goods, e.g. also for medicines that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or for goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or for goods that can spoil quickly or whose expiry date would be quickly exceeded, cannot be revoked. Many medicines are perishable when exposed to heat or direct sunlight. As we cannot check whether the medicines have been handled properly after delivery, they may no longer be sold and must be disposed of, also for legal reasons. For these reasons, the right of withdrawal is excluded for medicines and food supplements.
End of revocation instructions Sample revocation form If you wish to revoke the contract, please fill out this form and send it back to us.
* To: Stern Apotheke, Ottakringerstrasse 39, 1160 Vienna, e-mail address: kundenservice@medistore.at
* I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/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 for notification on paper) Date(s) _______________
(*) Please delete as applicable.
9. warranty
The warranty is based on the statutory provisions. In the event of a justified complaint, the customer shall initially have the right to rectification, and if necessary, the right to replacement of the goods. The customer is obliged to send the rejected goods to Stern Apotheke at his own expense.
In the event of a justified complaint, the customer shall be reimbursed for these shipping costs. In any case, in the event of a complaint, the customer must prove the date of purchase with the invoice belonging to the goods complained about, a copy of which must be sent with the goods complained about.
10. liability
Stern Apotheke shall only be liable for property damage and financial loss in the event of intent or gross negligence.
11. data protection
Personal data of the customer is only collected within the framework of the statutory provisions on data protection and is used exclusively to process the transaction with the customer. The data transmitted to us by the customer will be stored electronically for these purposes, but will not be passed on to third parties.
12. final provisions
Should one or more provisions of these GTC be invalid, both the contract as a whole and the other valid provisions of these GTC shall remain in force.
The place of performance of the concluded contract is Vienna.
The place of jurisdiction for all disputes arising from this contract shall be the competent court for Vienna city center.
The entire contractual relationship is subject to Austrian law.
Applicable law
Austrian law shall apply exclusively (even in the case of a foreign reference of a client) to the exclusion of the conflict of laws rules.