of St. Martin Apotheke - Mag. Sascha Danner KG for purchase contracts concluded between it and the customer via the webshop store.burgerstein.at, in the version dated September 11, 2024
We save the contract text of the customer order. You can print this out before sending the order to us by clicking on “Print” in the last step. An order confirmation with all order data will also be sent to you by e-mail.
The delivered goods shall remain our property until all claims have been paid in full.
All prices on the website refer to EURO (€) and are charged in EURO. Differences to price comparison platforms apply in favour of the prices displayed in the webshop. The offers in the webshop do not apply to purchases in the pharmacy location.
Shipping costs:
● Austria: Flat rate 4.50 euros incl. 10% VAT, free shipping from 45 euros order value.
● Germany: Flat rate 6.90 euros incl. 7% VAT, free shipping from 89 euros order value.
● Other EU countries and Switzerland: Shipping costs vary depending on the country.
Customs duties and other additional costs are borne by the recipient. Shipping costs are displayed during the ordering process.
St. Martin Apotheke shall deliver all orders without undue delay and shall be in default at the latest 30 days after conclusion of the contract if the goods do not reach the consumer.
The following information only applies if the customer is a consumer within the meaning of Section 1 of the Consumer Protection Act (KSchG), i.e. the order is 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 of withdrawal, you must inform us - St. Martin Apotheke, Jörgerstraße 24, 1170 Vienna - of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the model withdrawal form provided below in these GTC, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
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 refuse repayment until we have received the goods back.
You must return the goods to St. Martin Apotheke, Jörgerstraße 24, 1170 Vienna, without delay and in any case within fourteen days of the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
Costs of the return shipment
You bear the costs of the return shipment.
Loss of value of returned goods due to handling that reduces their value
You only have to pay for any loss in value of returned goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality.
Exceptions to the right of withdrawal
You have no right of withdrawal for contracts for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
The subject of the contract is the goods specified by the customer in the order and stated in the order and/or order confirmation at the final prices stated in the web store at the time of the order. Errors and mistakes are reserved, in particular with regard to the availability of goods. Possible price reductions after an order has been placed at a certain price cannot be taken into account retrospectively under any circumstances.
The quality of the goods ordered is determined by the product descriptions in the webshop. Illustrations on the website are symbolic photos and may not accurately reflect the appearance and quality of the products; colours in particular may vary considerably for technical reasons (display on different output media, screens). The packaging of otherwise identical articles may look different in different European countries; the description of the characteristics of an article is decisive in each case. We cannot rule out the possibility that customers from different countries may see images that are not intended for products for customers in the respective country. Technical data, weight, dimension and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not constitute defects in the products supplied by us.
If no units of the product selected by the customer are available at the time of the customer's order, we shall inform the customer of this in the order confirmation. If the product is permanently unavailable, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
Promotional campaigns, loyalty passes and the like initiated unilaterally by the manufacturer or wholesaler cannot be redeemed via the online store.
If the product specified by the customer in the order is only temporarily unavailable, we will also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, we are also entitled to withdraw from the contract. In this case, any payment already made by the customer will be refunded immediately.
Delivery shall be made to the billing address specified by the customer. The delivery can only be handed over to persons named in the order. The goods are shipped via our logistics partner GLS Austria.
The delivery time for Austria is between 1 and 3 working days. For delivery options to other countries, please refer to the information on the website at https://shop.burgerstein.at/onlineshop/versand-zahlung/.
Transport 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 using a selection option proposed by us, the risk is transferred to the carrier as soon as the goods are handed over. Unless the consumer has made use of a selection option suggested by us in writing - in this case the risk of loss remains unchanged with St. Martin Apotheke, Jörgerstraße 24, 1170 Vienna.
Customers can choose to pay for their purchase by credit card, PayPal, Klarna, Trustly, ApplePay and EPS. The selection options for the various payment methods depend on the selected country of the billing address. The payment methods credit card, PayPal, Klarna, Trustly, ApplePay and EPS are processed via an integrated payment module.
The payment methods may be restricted to certain shopping cart sales or customer groups (e.g. customers with a certain end device or customers in a certain country). Depending on creditworthiness, we also reserve the right not to accept the “purchase on account” payment method.
These Terms constitute an agreement between Klarna Bank AB (publ.), including its foreign branches, (“Klarna”, “we”, “us” or “our”) and you (“you” and “your”) when you use Klarna's services and features as described in these Terms, as may be amended from time to time (the “Services”). You sign up for the Services and enter into a contract with Klarna by accepting these Terms.
You understand that each time you use our Services, you are deemed to agree to the then-current version of these Terms. You can access the current version of these Terms at any time via the Klarna app or our website. You can also download the Terms here.
Description of the services
For us, shopping isn't just about finding and paying for great stuff - it's also about enjoying a great shopping experience in the store of your choice, a state-of-the-art app and many other benefits. In short: a smooth user experience, both before and after you make your purchases. These terms and conditions explain in more detail what this means. Please note that additional conditions may apply to the services you choose if you decide to pay with one of the services offered by Klarna.
Auto-fill and preferred settings
To give you a smooth and pleasant shopping experience, we will remember some information about you and use it to automatically fill in various input fields during your purchase. This allows you to save time and focus on more important things than filling in the same information over and over again. Let us explain in more detail how this works.
Auto-fill by entering limited information
When interacting with Klarna, we may ask for information about you, such as your name, address, phone number, email, date of birth or personal identification number. We will store this information in our systems so that when you return to us or use our payment methods, you only need to provide some of this information, such as email and zip code or personal identification number (depending on the country), so that we can automatically fill in the remaining fields with your other details.
Automatic completion using a Klarna cookie
Another way to automatically fill in your data is to place a Klarna cookie on your device (computer, tablet, cell phone, etc.). You can store your data such as name, address, telephone number, e-mail, date of birth and card details with Klarna. If you do this, we will use the cookie to automatically fill in this data when you shop with Klarna.
For more information about the use of cookies, see our statement about Klarna's use of tracking technologies in the eStore checkout.
Deactivate automatic completion
If you do not wish to use the auto-fill features, you can contact us and we will disable them. You can also disable them in the Klarna app or by adjusting your autofill settings during the checkout process. You can delete all cookies on your device at any time, which will also delete our cookie.
Automatic completion when purchasing directly from the Klarna app
If you make a purchase directly from the Klarna app, we can also automatically fill in your details on the page where you make the purchase. This is made possible by the fact that you are logged in to the app and we know that it is you who is shopping.
Preselection of preferred payment methods
To make your shopping experience even smoother, Klarna can pre-select the payment method that we think is your preferred payment method based on your previous purchases. You can also access other payment methods if you prefer to switch to a payment method other than the one we have selected.
Klarna App
The Klarna App, provided to you as an app or web portal, is your online shopping assistant that is your hub for all your purchases with Klarna and all of Klarna's other great features. In the Klarna app you can pay for your purchases, track your parcels and much more. Some of these features are activated by downloading the app or signing up via the web portal, others can be activated by you after signing up.
Klarna wants to give you the best shopping experience and the ability to search for a range of different stores in the Klarna app. We do not have a business relationship with all the stores that can be shown or searched for in the Klarna app. In this case, Klarna acts like a web browser or search engine that simply links to the website of the respective store.
The range of functions offered may vary depending on the country version of the Klarna app. Klarna is constantly updating the Klarna app with new and improved functions.
To name just a few of the features we are particularly proud of:
●
View your Klarna purchases and transactions.
● Manage your payments.
● Easily interact with Klarna.
Examples of other features we can offer depending on the country version:
● Shopping services such as search functions, an overview of stores that we think you will like, as well as personalized recommendations, offers and other content.
● Shop with Klarna payment methods - even in stores that don't yet use Klarna.
● Order, delivery or parcel tracking.
● Easy registration of returns and refunds.
● Overview and management of personal finances.
● View and store your transactions, purchases, receipts, pictures and other material.
● CO2 footprint of your purchases.
● View your orders made through stores or companies that have nothing to do with Klarna.
● You can compile goods or services of your choice and share these “collections” with others.
● An assistant that suggests to help you fill in various information (such as payment method, card details, delivery address) via autofill.
● View your transactions via one of our subsidiaries Sofort GmbH, Billpay GmbH and Klarna Inc. This only happens after you have registered for this as part of the services provided by our subsidiaries. The transaction data (such as name, address, bank account number/IBAN, sort code/BIC, reason for payment, date and amount, order data) are then transmitted to Klarna.
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Klarna app user
As a Klarna app user you can, if you wish, upload, publish and share your collections, pictures and nicknames. You are aware that by sharing content you are making it publicly available, which means that information about you becomes accessible to others and can be used and shared by other people.
You may only upload, publish or share content that you have the right to use for these purposes and that does not violate the law, this Agreement or the rights of third parties.
You agree not to upload, post or share any content that is unlawful, fraudulent, offensive or threatening, infringes the rights of others, or is objectionable or criminal (such as incitement against ethnic groups, child pornography or unlawful depictions of violence), or transmit any content that contains viruses, Trojan horses, spyware, adware, malware or other harmful programs; dissemination of unsolicited advertising (spam) or any other form of harassment.
Klarna reserves the right, without any obligation and in its sole discretion, to monitor, review, modify, disable or remove any Content without notice to you or any third party.
You are solely responsible for uploading, posting and sharing Content and agree to indemnify Klarna for any damages, losses or costs incurred as a result of uploading, posting or sharing Content, including in connection with any third party claims against Klarna.
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View previous transactions
We store information about your purchases and transactions in the Klarna App. As part of the services offered under these Terms, Klarna allows you to view information about your purchases and transactions in the Klarna App.
If you would like to find out more about how we use this and other information Klarna holds about you, please read our Privacy Policy.
Offers and benefits
Klarna may offer you offers and benefits such as discounts, special events, early access to new products, sales promotions, store offers, samples and giveaways. The offers and benefits you receive are based on your previous interactions, such as the number of purchases you have made, the amounts of your order or the use of our services.
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Do the services cost anything?
The services are free of charge. Please note that interest and fees may apply for the use of a specific service offered by Klarna. Therefore, make sure you read the specific information about the payment method you have selected carefully.
Improvement of services
We are constantly working to improve our services to provide you with an even smoother user experience. This may require a change to these terms and conditions. In this case, we will ask you to accept the new terms before you can continue to use the services.
Privacy and your personal data
To the extent that you cause us to process information, e.g. by uploading, publishing or sharing data in the Klarna App, about your political or philosophical beliefs, your trade union membership, data about health or sex life, etc. (so-called special categories of personal data according to EU Regulation 2016/679 (the “GDPR”)), you expressly consent to us processing this data. (so-called special categories of personal data according to EU Regulation 2016/679 (the “GDPR”)), you expressly consent to us processing this data for the provision of our services.
Further information about the processing of your personal data and your rights to your data can be found in our privacy policy. You will also find our contact details there if you have any questions.
Card payments
When you make a purchase with Klarna, you can configure and use a number of different payment sources, including debit, credit or prepaid cards. Your payment sources will be stored in your Klarna user account until you edit/remove them or the profile is deleted. By choosing to store your card details with Klarna, you authorize Klarna to charge this payment source for all subsequent Klarna services when you shop with us. You will only be charged when you make a purchase. If your usual card payment source cannot be charged for a purchase, including installment plans or subscriptions where applicable, you authorize Klarna to attempt to charge your other card payment sources registered in your Klarna user account.
Your obligations
You are obliged to provide correct information at all times and may only act under your own and correct identity. Any use of information that does not belong to you or that you are not allowed to use for other reasons, or the use of the services in a way that is not prescribed, is considered misuse. Any data relating to misuse or suspected misuse may be stored and used for future risk assessment and user protection. Klarna reserves the right to block the services for further use.
If you upload, import or share images, text, receipts, information about goods, services or deliveries or other content in the Klarna App, you grant Klarna a royalty-free right to use and display the content for the provision of the Services. We have the right to remove any content uploaded or shared by you if we are required to do so by law, or if we believe it is offensive, inappropriate, unlawful, infringes the rights of others or is otherwise objectionable. You are responsible for all content you upload or share. You understand and agree that we may terminate or disable your use of the Klarna App if you upload, import or share content that is offensive, threatening, objectionable or in violation of the law or your agreement with Klarna, or that Klarna reasonably believes is in violation of the law or your agreement with Klarna.
Services from third-party providers
Some features you use, such as parcel tracking, may involve the use of third party services, such as tracking IDs from logistics companies. If you use features that rely on third-party services, you authorize Klarna to use these services on your behalf.
Your use of Google Maps in the checkout (e.g. by searching for your address in the address field) and in the Klarna app is subject to the current Google Maps/Google Earth Terms of Use and Google's Privacy Policy.
In addition, to prevent misuse of the Klarna App via the Internet portal, Klarna may use reCAPTCHA, which is subject to Google's terms of use and privacy policy.
The Klarna App is available via third party distribution platforms (“Application Stores”). These may require prior registration with the respective application store. Klarna has no influence on the collection, processing and use of personal data by the respective application store operators.
Duration and termination of this agreement
This agreement is concluded for an indefinite period. It will continue until terminated by you or us and may be terminated at any time. You may not terminate this Agreement if you have an outstanding payment or if you are using a service provided by Klarna that is either subject to a fixed term (which has not expired) or a service that is subject to a notice period and that notice period has not expired.
Please note that in the event of termination, the use of the Service, including all features provided in or managed through the Klarna App, will no longer be available.
Electronic communication
By accepting these Terms, you agree that Klarna may use electronic means of communication when communicating with you. Payment information, terms and conditions, legally required notices and other information may be provided to you electronically, including via the Klarna website, app or the email address(es) you have provided to us.
Updating your contact information
It is your responsibility to ensure that Klarna has your current email address and cell phone number so that we can communicate with you electronically. If you need to update your primary email address, please contact Customer Service to make the change.
Assignment or transfer
You may not transfer or assign any rights or obligations you have under these Terms. To the extent not otherwise permitted by applicable law, we may transfer or assign these Terms or any rights or obligations under these Terms at any time, provided that such transfer does not change your rights or obligations under these Terms to your detriment.
Klarna
Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, phone: +46 8 120 120 120 00, fax: +46 8 120 120 120 99, e-mail: kunde@klarna.at, is a Swedish bank registered in the Swedish Companies Register under registration number 556737-0431. The Managing Director is Sebastian Siemiatkowski. Klarna Bank AB (publ.) is authorized by Finansinspektionen (the Swedish Financial Supervisory Authority) to provide financial services. Klarna's entry in the Finansinspektionen register and a list of countries where Klarna is authorized to provide cross-border financial services can be found on the Finansinspektionen website.
Complaints
The information provided on www.klarna.at applies to complaints. By using our services, you agree that Klarna will handle all communication relating to complaints electronically. If you wish to submit a complaint to Klarna, you can submit your complaint to us via the Klarna customer service website, via the chat function or by e-mail.
If we are unable to resolve the dispute, you can contact the Public Complaints Board in Sweden “Allmänna reklamationsnämnden” (Arbitration Board), abbreviated to ARN. Klarna will participate in such an arbitration procedure and is obliged by law to do so. You can find more information on the access requirements on the ARN website. You can submit your request via the EU Commission's internet platform for online dispute resolution (the so-called “ODR platform”) in German or in another official language of the European Union. The process will then be forwarded to ARN. You can access the ODR platform here: https://ec.europa.eu/consumers/odr.
You can also contact ARN directly in Swedish:
Allmänna reklamationsnämnden, P.O. Box 174, 10123 Stockholm, Sweden
Visitor address: Kungsholmstorg 5, Stockholm.
Buy now - pay later!
These terms of payment apply between you and the store where you purchase your goods, tickets or services if you choose payment by invoice as your payment method. Please note that payment by invoice can only be used by consumers.
If you choose payment by invoice, you pay with a due date of 14 days from the date of dispatch of the goods, tickets or, in the case of other services, from the date of availability of the services or digital content. We assign the claim to Klarna Bank AB (“Klarna”). Klarna will send you a payment instruction and you pay your order directly to Klarna. Contact details and further information about Klarna can be found at klarna.at.
Only pay after you have received your order!
Klarna offers you Klarna Buyer Protection, so that you only have to pay for the ordered goods once you have received them. Klarna will support you if a problem arises with your purchase. You can find more information and details on the procedure at https://www.klarna.com/at/kauferschutzrichtlinie/.
Costs and fees
We charge an invoice fee of 0 euros per purchase. In the event of late payment, reminder fees and default interest (according to § 1333 para. 2 ABGB) will be charged. Please refer to the following list for the amount of the reminder fees:
from to first reminder second reminder third reminder
0 € 5,00 € 2,00 € 2,00 € 2,00 €
5,01 € 10,00 € 3,00 € 3,00 € 3,00 €
10,01 € 20,00 € 4,00 € 4,00 € 4,00 €
20,01 € 30,00 € 5,00 € 5,00 € 5,00 €
30,01 € 40,00 € 5,00 € 5,00 € 5,00 €
40,01 € 50,00 € 5,00 € 5,00 € 5,00 €
50,01 € 100,00 € 7,00 € 7,00 € 10,00 €
100,01 € 500,00 € 7,00 € 10,00 € 13,00 €
higher than 500,01 € 7,00 € 13,00 € 17,00 €
If Klarna does not receive payment after the third reminder, the claim is passed on to a debt collection agency, which incurs further costs.
Credit check & data protection
If you choose to pay by invoice, Klarna will check your creditworthiness. Klarna processes your personal data in order to fulfill our obligations under this agreement and for the additional purposes set out in our Privacy Policy. The privacy policy is available here and on our website. By using Klarna services, you confirm that you have read this Privacy Policy.
We process your personal data, for example, to identify you and to carry out customer analysis, credit checks, marketing and business development. We may also make your data available to selected third parties (e.g. credit reference agencies), which may also be located outside the EU/EEA. In the Privacy Policy you will find more information about data sharing, your rights in relation to your data, how to contact us if you have any questions or how to lodge a complaint with your national supervisory authority.
Valid as of September 26, 2019
The warranty period for goods delivered to entrepreneurs is 12 months. The statutory warranty period applies to consumers.
If there is a right to warranty due to a defect, St. Martin Apotheke undertakes to first replace the goods due to the nature of the item. Should the replacement of the item fail due to circumstances for which St. Martin Apotheke is responsible, the customer shall be entitled to demand a reduction in the purchase price or to withdraw from the contract.
Defects must be reported to St. Martin Apotheke in writing immediately upon receipt of the goods, but no later than 14 working days after discovery of the defect. The deadline is met if the customer sends the notification to us within the deadline.
If a warranty claim is made, the item to be returned must be sent back with sufficient postage. Unpaid returns cannot be accepted. If the defect is justified, St. Martin Apotheke will reimburse the shipping costs.
For clear identification, allocation and processing of the subsequent delivery, a copy of the invoice or a letter stating the customer and invoice number must be enclosed.
No claims for damages shall arise against St. Martin Apotheke from a defect if the cause of the damage is not based on intent or gross negligence.
Our data protection declaration available on this website and the data protection declaration available at https://www.servusapotheke.at/datenschutz are part of the contract.
The contracting parties agree that Austrian law shall apply. If the consumer is domiciled or habitually resident in Austria or is employed in Austria, only the court in whose district the domicile, habitual residence or place of employment is located shall have jurisdiction to hear an action against him; this shall not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. For contracts with companies, our registered office is agreed as the place of jurisdiction.
We undertake to participate in the arbitration procedure of the Internet Ombudsman's Office in the event of disputes: www.ombudsstelle.at. You can find more information on the types of procedure at www.ombudsstelle.at.
The ODR platform can also be used to resolve disputes with our company: https://ec.europa.eu/consumers/odr.
Our e-mail address: ticket@servusapotheke.at
Contact details:
E-mail address: ticket@servusapotheke.at
Owner and licensee: Mag. pharm. Sascha Danner