Terms of service

I. General Terms and Conditions and Customer Information

§ 1 Basic Provisions

The following terms and conditions apply to all contracts you conclude with us as the provider (HM Heilarzneihaus Medica GmbH, hereinafter referred to as “Heilarzneihaus”) via the website www.heilarzneihaus.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is expressly rejected.
A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

The subject of the contract is the sale of goods.
By listing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the product description.
The contract is concluded via the online shopping cart system as follows:
- The goods intended for purchase are placed in the "shopping cart." You can access the shopping cart via the corresponding button in the navigation bar and make changes there at any time.
- After accessing the "checkout" page and entering your personal data as well as payment and shipping conditions, all order data will be displayed again at the end.
- Before submitting the order, you have the opportunity to review and change all information again (also using the "back" function of your internet browser) or cancel the purchase.
- By submitting the order via the "Buy now" button, you make a legally binding declaration of acceptance of the offer, whereby the contract is concluded.
- If you use an instant payment system (e.g., PayPal, Sofort) as a payment method, you will be redirected to the website of the provider of the instant payment system. There, you will complete the appropriate selection or entry of your data.
The processing of the order and transmission of all information required in connection with the contract conclusion is carried out via email, partly automatically. Therefore, you must ensure that the email address you provide to us is correct and that the receipt of emails is technically ensured and in particular not blocked by spam filters.
Please note that we only sell all products in quantities typical for households. This applies both to the number of products ordered within a single order and to the placement of multiple orders of the same product, where the individual orders include a household quantity.
If the goods are not available due to force majeure or product discontinuation, or if we cannot procure the ordered products under reasonable conditions, and these circumstances only occurred after the contract was concluded and are not our responsibility, Heilarzneihaus shall be released from the obligation to deliver. If events occur that significantly hinder or make delivery impossible—such as strikes, lockouts, official orders, or similar—we are not responsible for delays, even for firmly agreed deadlines and dates.

3 Right of Retention, Retention of Title

You may only exercise a right of retention if it relates to claims arising from the same contractual relationship.
The goods remain our property until the purchase price has been paid in full.
If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transferring ownership by way of security before the transfer of ownership of the reserved goods is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice value that arise from the resale. We accept this assignment. You remain authorized to collect the claims. However, if you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves.
c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 4 Warranty

Statutory warranty rights apply.
As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty rights.
If you are an entrepreneur, the following provisions apply instead of the above warranty rules:
a) Only our own statements and the manufacturer’s product description are deemed agreed upon as the condition of the goods, not public promotions, advertisements, or other statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by means of repair or replacement. If the rectification of the defect fails, you may choose to reduce the purchase price or withdraw from the contract. A repair is considered failed after the second unsuccessful attempt, unless something else arises from the nature of the item, the defect, or the circumstances. In the event of repair, we are not obliged to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This limitation does not apply:
- to culpably caused damages attributable to us resulting in injury to life, body, or health, or to other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
- to goods that have been used in accordance with their usual purpose in a building and caused its defectiveness;
- to statutory recourse claims that you have against us in connection with defect rights.

5 General Notes on Returns

Please avoid damage and contamination of the goods before returning them. If possible, return the goods in their original packaging with all accessories and packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please ensure proper packaging to provide sufficient protection against transport damage. “Proper” in this case means that the packaging must comply with the shipping service provider's terms and conditions.
If the delivered goods do not match the ordered goods, please contact us before returning them at: info@heilarzneihaus.de stating the reason for your return request.
Never return the goods postage unpaid, as the shipping provider will charge high fees that we must pass on to you.
Your statutory right of withdrawal remains unaffected by this regulation.

§ 6 Liability

Heilarzneihaus shall be liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by Heilarzneihaus or a legal representative of Heilarzneihaus.
Furthermore, Heilarzneihaus is liable for the slightly negligent breach of essential obligations. Essential obligations are those whose breach endangers the achievement of the contractual purpose or whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you regularly rely. In this case, Heilarzneihaus is only liable for the foreseeable, contract-typical damage. Heilarzneihaus is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability do not apply in the event of injury to life, body, or health, for a defect after assuming a guarantee for the condition of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
To the extent that the liability of Heilarzneihaus is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

§ 7 Applicable Law, Place of Performance, Jurisdiction, Final Provisions

German law shall apply. For consumers, this choice of law applies only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn (principle of favorability).
The place of performance for all services arising from the business relationships with us as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is unknown at the time the action is filed. The right to also call upon the court at another statutory place of jurisdiction remains unaffected.
The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
We reserve the right to make changes to our website, rules, terms, including these Terms and Conditions, at any time. The Terms and Conditions in force at the time of your order apply to your order unless a change to these terms is required by law or governmental order (in which case they will also apply to orders you have previously placed).
If any provision in this contract, including this clause, is or becomes wholly or partially invalid, or if the contract contains a gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected.

II. Customer Information

1. Identity of the Seller

HM Heilarzneihaus GmbH
Kölner Straße 27, 50226 Frechen, Germany
Phone: +49 (0) 223 425 09 111
Email: info@heilarzneihaus.de

2. Information on the Conclusion of the Contract

The technical steps to conclude a contract, the conclusion of the contract itself, and correction options are carried out in accordance with the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After receiving your order, the order data, the information required by law for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred that we are not responsible for, such as customs duties, taxes, or transfer fees (e.g., bank transfer or exchange rate fees by credit institutions), which you must bear.
These costs for money transfer also apply if the delivery is made to an EU member state but the payment is made from outside the EU.
5.4. The available payment methods are shown under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due immediately.

6. Delivery Conditions

6.1. The delivery conditions, delivery date, and any delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the item, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
6.3. Unless otherwise agreed, delivery is made to the delivery address specified by the customer. The delivery address may differ from the billing address.
6.4. On the website, you will find information on the availability of products sold by Heilarzneihaus (e.g., on the respective product detail page). Please note that all information on availability, shipping, or delivery of a product are only estimated and approximate values. They do not represent binding or guaranteed shipping or delivery dates unless this is expressly stated as a binding date in the shipping options of the respective product. If Heilarzneihaus discovers during the processing of your order that the products you ordered are not available, you will be informed separately. The legal rights of the customer remain unaffected.
6.5. If delivery to the customer is not possible because the customer or a person authorized to receive the goods is not present at the specified delivery address, although the delivery time was announced to the customer within a reasonable period, the customer bears the costs for the unsuccessful delivery or return and redelivery.
6.6. Self-collection of goods is unfortunately not possible for organizational reasons. There is no entitlement to this. However, if exceptional reasons prevent standard delivery in an individual case, please contact us. Heilarzneihaus will then try to accommodate the self-collection as best as possible within reasonable means.
6.7. Unless otherwise agreed, items with different delivery times will be shipped in one joint shipment. In this case, the delivery time for the entire shipment is determined by the item with the longest delivery time.
6.8. Our packages are shipped via DHL from our warehouse in Germany. Delivery within Germany takes 1–3 working days, unless otherwise stated on the product page of the website.
The delivery period begins the day after the conclusion of the contract. This is, in the case of advance payment by online bank transfer, the business day following receipt of the payment order by the transferring credit institution, and in the case of advance payment by paper-based transfer, two business days after receipt of the payment order.
The delivery period ends at the end of the last day of the period. If the last day falls on a Sunday or a public holiday recognized at the place of delivery, the next working day takes the place of such a day.

7. Statutory Warranty Rights

Warranty is governed by the "Warranty" section of our General Terms and Conditions (Part I).

Last updated: 07.12.2023