GTC

§ 1 General - Scope of application

All business relationships that come about through the use of the online store of MITOcare GmbH & Co. KG ("MITOcare") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions shall not be recognized unless their validity is expressly agreed to in writing. The contractual relationship comes into effect upon conclusion of an order between MITOcare GmbH & Co. KG, Thalkirchner Str. 210, D-81371 Munich ("MITOcare") and the ordering party ("Customer").

§ 2 Offer
  1. The order placed by the customer (e.g. by fax, telephone, e-mail) is a binding offer.
  2. The product presentations of the provider on the Internet do not constitute a binding offer to conclude a contract, but an invitation to place an order (offer of the customer). When purchasing via the online order form, the goods intended for purchase are placed in the “shopping cart”. The customer can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. Before submitting the order, the customer has the option of checking all details again, changing them (also using the “back” function of the Internet browser) or canceling the purchase. By sending the order via the “order with obligation to pay” button, the customer submits a binding offer to the provider.
  3. We are entitled to accept these offers within two weeks by sending the ordered goods or, if the goods cannot be delivered within this period, by sending an order confirmation within this period.
§ 3 Right of withdrawal for consumers and consequences of withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The revocation period is fourteen (14) days and begins from the day on which you or a third party named by you, who is not the carrier, have 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, have taken possession of the last goods. If you have ordered goods that are delivered regularly over a fixed period of time, 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, took possession of the first goods.

To exercise your right of withdrawal, you must send us

MITOcare GmbH & Co. KG
Thalkirchner Str. 21
081371 Munich

Phone: +49 89 24 88 163 - 0
Fax: +49 89 24 88 163 - 99
E-mail: info@mitocare.de
www.mitocare.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. (tele)verbally, a letter sent by post, fax or e-mail). Please note our cancellation policy. In order 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.

MITOcare GmbH & Co. KG is obliged, in the event of an effective revocation, to repay all payments it has received from you, including the shipping costs (with the exception of the additional costs resulting from a shipping method other than the cheap standard delivery offered and in the event of partial revocation), immediately and at the latest within fourteen (14) days from the day on which MITOcare GmbH & Co. KG has received. The means of payment used by you in the original transaction will be used for the repayment by MITOcare GmbH & Co. KG will be used. If expressly agreed, other means of payment may also be selected. Under no circumstances will fees be charged for the repayment. After effective revocation, the services received by both parties must be returned. MITOcare GmbH & Co. KG is entitled to refuse repayment until it has received the goods back or until you have provided proof of proper dispatch of the goods. The period begins at the earlier of the two points in time.

You must return the goods to MITOcare GmbH & Co. KG of the revocation of the contract to MITOcare GmbH & Co. KG, Thalkirchner Str. 210, 81371 Munich, Germany, within fourteen (14) days from the day on which you informed MITOcare GmbH & Co. The deadline is met if you send the goods before the period of fourteen (14) days has expired. You shall bear the direct costs of returning the goods. Opened and used products will not be taken back or only against payment of the value of the goods. Incompatibility of a product does not constitute a defect and does not entitle the customer to return the product. If products are found to be missing or defective or the wrong goods have been delivered, the customer must inform MITOcare GmbH & Co. KG immediately so that an immediate repair or replacement delivery can be made. You shall only be liable 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.

General information

  1. The general rule is to avoid damage and contamination of the goods received. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components, including any protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
  2. If possible, please do not return the goods to us freight collect.
  3. Please note that the above paragraphs 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
  4. Our General Terms and Conditions apply (mitocare.de/agbs).
§ 4 Prices - Terms of payment
  1. Payment of the purchase price is due in full upon delivery, unless otherwise stated in the order form, the delivery documents, the invoice or the order confirmation. The customer shall bear the costs of shipment “ex works” unless otherwise agreed or unless they exceed a reasonable proportion of the value of the goods delivered.
  2. Statutory VAT is not included in our prices unless we have expressly indicated this. It shall be shown separately on the invoice at the statutory rate.
  3. The statutory regulations concerning the consequences of default of payment shall apply; in particular, the customer shall be in default at the latest if he does not pay within 30 days of the due date and receipt of the invoice or equivalent payment schedule.
  4. The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. The customer is also authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 5 Delivery - Delivery time
  1. Compliance with our delivery obligation presupposes the timely and proper fulfillment of the customer's obligation. We reserve the right to plead non-performance of the contract.
  2. Partial deliveries are permissible insofar as they are reasonable for the customer.
  3. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims.
  4. If the conditions of paragraph (2) are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.
  5. If the underlying purchase contract is a transaction for delivery by a fixed date within the meaning of Section 286 (2) No. 4 BGB or Section 376 HGB, the statutory liability provisions shall apply. This shall also apply if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further fulfillment of the contract has ceased to exist.
  6. We shall also be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; fault on the part of our representatives or vicarious agents shall be attributed to us. If the delay in delivery is not due to an intentional breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage.
  7. We shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is due to the culpable breach of a material contractual obligation; in this case, however, our liability for damages shall be limited to the foreseeable, typically occurring damage.
  8. We shall be liable for delays in performance in cases of intent or gross negligence on our part or on the part of a representative or vicarious agent in accordance with the statutory provisions. In other cases of delay in performance, our liability for damages in addition to performance shall be limited to 5% of the value of the delivery and for damages in lieu of performance to 15% of the value of the delivery. Otherwise, we shall only be liable for injury to life, limb or health. Further claims of the customer due to delay in performance are excluded.
  9. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
§ 6 Storage of products

The customer is obliged to treat the purchased goods with care; in particular, he is obliged to store the products in a suitable place in a cool and dry place so that the condition of the products is not impaired.

§ 7 Liability for defects
  1. The statutory liability for defects shall apply.
  2. Claims for defects by merchants presuppose that the merchant has properly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB), in particular that the written notification must be made immediately in deviation from paragraph (1).
  3. If there is a defect in the purchased item, we shall be entitled, at our discretion, to deliver a new item free of defects or to provide subsequent performance in the form of rectification of the defect. We shall bear all expenses necessary for the purpose of remedying the defect, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance or the new defect-free item is to be delivered to a place other than the place of performance. If the subsequent performance fails, the customer shall be entitled to demand withdrawal or a reduction in price at his discretion.
  4. We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, our liability for damages shall be limited to the foreseeable, typically occurring damage.
  5. We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, however, our liability for damages shall be limited to the foreseeable, typically occurring damage.
  6. Insofar as the customer is entitled to compensation for damages instead of performance, our liability shall also be limited within the scope of paragraph (3) to compensation for foreseeable, typically occurring damages.
  7. Liability for culpable injury to life, limb or health remains unaffected; this also applies to liability under the Product Liability Act.
  8. Unless otherwise stipulated above, liability is excluded.
§ 8 Joint liability
  1. Any further liability for damages other than that provided for in § 7 is excluded, regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for material damage in accordance with § 823 BGB.
  2. The limitation according to paragraph (1) shall also apply if the customer demands compensation for useless expenses instead of a claim for damages.
  3. Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.
§ 9 Reservation of title
  1. We reserve title to the purchased item until all payments arising from the delivery contract have been received. If the customer acts in breach of contract, in particular in the event of default of payment, we shall be entitled to take back the purchased item. If we take back the purchased item, this shall constitute a withdrawal from the contract. After taking back the purchased item, we shall be authorized to sell it; the proceeds from the sale shall be offset against the customer's liabilities - less reasonable selling costs.
  2. In the event of seizure or other interventions by third parties, the customer must inform us immediately in writing so that we can take legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO). If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
§ 10 Storage of personal data - consent, data protection
  1. The customer expressly agrees that the personal data provided by him may be stored by us or a third party commissioned by us for the duration of the contract and its processing and thereafter for the maintenance of the ongoing customer relationship.
  2. We undertake to the customer to use the stored data only for our own purposes and for the purposes of order processing (e.g. in the case of purchase on account for the necessary verification). We are not permitted to pass on the data to uninvolved third parties unless there is a legal or official obligation to do so.
§ 11 Place of jurisdiction - Place of performance
  1. If the customer is a merchant, our registered office is the place of jurisdiction; however, we are also entitled to sue the customer at the court of his place of residence.
  2. The law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
  3. Unless otherwise stated in the order confirmation or the delivery documents, our place of business shall be the place of performance.
§ 12 Limitation period for damages
  1. The limitation period for claims for damages due to defects - for whatever legal reason - is one year.
  2. The limitation periods applicable to claims for damages pursuant to para. 1 shall also apply to other claims for damages against us, irrespective of their legal basis. They shall also apply if the claims are not related to a defect.
  3. The above limitation periods shall apply with the following proviso:
  • The limitation periods shall generally not apply in the case of intent or fraudulent concealment of a defect or insofar as the seller has assumed a guarantee for the quality of the delivery item.
  • Furthermore, the limitation periods shall not apply to claims for damages in cases of injury to life, body or health or freedom, in the case of claims under the Product Liability Act, in the case of a grossly negligent breach of duty or in the case of culpable breach of essential contractual obligations. Furthermore, they do not apply in the cases of § 438 Para. 1 No. 1 and No. 2 BGB.

4. The limitation period for all claims for damages shall commence upon delivery.

5. Insofar as this provision refers to claims for damages, it also includes claims for reimbursement of futile expenses.

6. Unless expressly stipulated otherwise, the statutory provisions on the commencement of the limitation period, suspension of expiry, suspension and recommencement of time limits shall remain unaffected.

Please direct any questions regarding the terms of use to an info@mitocare.de.