General Terms and Conditions (“GTC”)
In this GTC the masculine form is used for persons of all genders.
1. Validity of the GTC
These GTC apply to all contracts concluded between APG Allergosan Pharma GmbH and a consumer, via the online shop at shop.allergosan.com.
A consumer within the meaning of this GTC is any natural person who concludes a legal transaction with an objective, which can be attributed neither to his commercial activities nor his work as self-employed person (hereinafter referred to as “Costumer” or “Consumer”).
2. Recognition of the GTC
The Customer hereby recognises these GTC, in the version that applies at the time of placing the order and expressly consents to these terms with immediate effect, as from the processing of said order.
3. Conclusion of the Contract
a. Internet Presence of APG Allergosan Pharma GmbH
The presentation of a product on the website does not constitute any binding offer in a legal sense. It merely represents a request to the Customer to make his own offer. As a Customer, you make an offer in the legal sense by placing an order, wherein you click on the “Submit order for payment” button, once the ordering process is completed. You will be bound by this order for two weeks, i.e. the contract becomes binding when we accept your order within this period. Confirmation of receipt of the order shall be sent immediately by automated email after the order is placed. We will declare acceptance of the contract in a separate email, as soon as the goods leave our warehouse (Shipping or Order Confirmation), or at the latest by shipping the goods.
b. Ordering Process
The sales contract is entered into with APG Allergosan Pharma GmbH. From the product range in the online shop at shop.allergosan.atcom, the Customer can select the desired goods by clicking on the “Place item in cart” button. During the Customer’s visit to the shop.allergosan.at website, the selected goods will be temporarily saved in the shopping cart. The ordering process is launched by clicking on the “Go to checkout” button, next to the goods listed in the shopping cart. On the following page, the Customer will be requested to log into the on-line shop, if he is an existing accountholder, or else to register as a new customer or continue as a guest. Next, the Customer will select the billing address that he wishes to use, followed by the preferred means of delivery and then the desired delivery address. The Customer will subsequently select the desired method of payment and enter the information required to carry out the transaction. When selecting external payment services, such as PayPal, the Customer will be transferred to the external website of the payment service provider. Before the order is submitted, all information pertaining to the order will be presented in an “Order summary”. The Customer will have the opportunity to check his details in the Order Summary and make any necessary changes, before sending the order to APG Allergosan Pharma GmbH by clicking on the “Submit order for payment” button. By clicking on the “Submit order for payment” button, the Customer places a binding offer to purchase the goods that he has selected.
c. Order Confirmation
Once the order has been received, APG Allergosan Pharma GmbH will send a notification email to the email address supplied by the Customer, confirming receipt of the order and stating that its content will be processed (hereinafter referred to as “order confirmation”). This order confirmation shall not constitute an acceptance by APG Allergosan Pharma GmbH of the Customer’s offer to buy. If APG Allergosan Pharma GmbH declines to conclude the contract, the Customer will be informed immediately by email.
4. Storage of the Contract Text
The contract text, that is to say, the Customer’s details for the ordering process, will be retained by APG Allergosan Pharma GmbH and may be viewed by the Customer under “My Orders” using the “My Account” link. Independently of this, APG Allergosan Pharma GmbH will send an order confirmation and these GTC to the email address specified by the Customer.
a. All prices are stated in full. As such, they include packaging costs and the statutory value added tax (VAT).
b. Delivery costs will be additional to the listed product prices. Further information about shipping costs may be found under each individual item and also here >.
6. Conditions of Delivery
We only deliver by parcel post. We regret that it is not possible to collect the goods in person. We do not ship to parcel stations.
Unless otherwise agreed, delivery will be made to the address specified by the Customer. Shipping shall be performed without delay.
In the event of damage to goods during transit, the Customer must notify the haulage company immediately of the occurrence, and claim compensation for loss or damage from that company.
APG Allergosan Pharma GmbH shall not be held responsible for any impediments to delivery on the part of suppliers or manufacturers. If delivery is impossible or an agreed delivery date cannot be met, due to circumstances beyond the control of APG Allergosan Pharma GmbH, APG Allergosan Pharma GmbH reserves the right to withdraw from the contract, whether wholly or in part. APG Allergosan Pharma GmbH will inform the Customer of this immediately. In such an event, claims for loss or damage are excluded.
7. Payment Due Date and Retention of Ownership
a. Payment of the purchase price is due prior to the goods being shipped.
b. Until payment is received in full, any goods delivered shall remain the property of APG Allergosan Pharma GmbH.
8. Terms of Payment
a. APG Allergosan Pharma GmbH accepts the following payment methods: PayPal, credit cards (Visa, Mastercard) and instant bank transfer.
b. When paying by credit card, your credit card will only be charged after the order is placed. You need to have a credit card which is eligible and enrolled in the 3D Secure program.
c. PayPal – Payment will be made via the PayPal online service. You must already have a PayPal account, or will need to register for one beforehand. After confirming your identity using the log-in details, you may authorise a payment to us. You will be provided with further instructions during the ordering process.
d. Instant bank transfer – The purchase price will be debited from your account upon completion of the order.
e. The statutory regulations for default shall apply. Charges for any late payment reminders or for the recovery of outstanding amounts will appear separately in the invoice and may be claimed as from the second payment reminder.
9. Customs Duties
When you order products from us, with delivery to a country outside the EU, you may be obliged to pay import duties and/or taxes. These will be collected from you as soon as the package reaches its destination. You will be responsible for any additional charges incurred during the customs clearance. These charges are outside of our control. Customs regulations vary widely from country to country. Please contact your local customs authorities for more detailed information, before ordering from us.
Please note that by ordering from us, you will be considered as an importer and you must comply with all the laws and regulations of the country into which you are importing our products. Furthermore, in cross-border deliveries, your package may be opened by Customs. For further information, please contact your local customs authorities.
10. Rights of Cancellation (right of rescission)
10.1. CANCELLATION POLICY
We hereby willingly inform you of your statutory right of cancellation when concluding a distance-selling transaction:
Right of cancellation
You have the right to cancel this contract within 14 days, without specifying a reason. The cancellation period shall be 14 days from the day on which you or a third party appointed by you, who is not the carrier, receives possession of the goods.
To exercise your right of cancellation, you must inform us in a clear statement (e.g. in a letter delivered by post, fax, or email) of your decision to cancel this contract. For this, you can use the attached sample cancellation form, although this is not mandatory.
APG Allergosan Pharma GmbH
Tel.: +43 316 405 305
Fax: +43 316 405 305 20
All that is required to comply with the deadline for cancellation is to inform us that you are exercising your right of cancellation, before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we shall be required to refund all payments received from you, including shipping costs (except for any additional costs incurred, if you selected a shipping method other than the standard, lowest-cost delivery method that we offer), promptly and no later than 14 days following the date on which we receive notification of your cancellation of this contract.
In the case of multiple goods ordered, if you invoke your statutory right of cancellation for just part of the goods, you must bear the shipping costs in the amount that would have been due, if you had only ordered the remaining goods. We will use the same payment method for this refund as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged fees for this refund. We may refuse to issue a refund until we have received the returned goods, or until you provide proof that you have sent back the goods, whichever is sooner. You must return or deliver the goods promptly and in all cases no later than 14 days as from the day on which you notify us of the cancellation of this contract. The goods must be addressed to:
APG Allergosan Pharma GmbH
Tel.: +43 316 405 305
Fax: +43 316 405 305 20
You shall be deemed to have complied with the deadline, if you send the goods before the expiration of this 14-day period. Please note that the right to cancellation or withdrawal from the contract shall be excluded, if the seal is damaged and/or removed from sealed goods after delivery.
In the event of cancellation, you shall be responsible for the direct cost of return shipping. This applies to return shipping within Austria and in particular, to return shipping from other countries – in these cases, you will also bear the direct costs incurred for return shipping.
You will only have to cover any depreciation in the value of the goods, if this depreciation is attributable to an unnecessary action performed by you in inspecting the condition, properties or functioning of the goods.
END OF CANCELLATION POLICY
10.2. SAMPLE CANCELLATION FORM
(If you wish to cancel the contract, you may fill out this form and return it to us.)
APG Allergosan Pharma GmbH
Tel.: +43 316 405 305
Fax: +43 316 405 305 20
1. I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods:
2. Ordered on (*)/received on (*)
3. Customer name
4. Customer address
5. Signature of customer(s) (for paper notification only)
(*) Delete whichever does not apply.
Even if you return the goods in your order to us without a written statement, but within the cancellation period, we will recognise the return as an explicit declaration of your decision to cancel this contract under the above-mentioned cancellation policy.
10.4. RESPONSIBILITY TO COVER COSTS
Should you exercise your right to cancellation, as a Consumer, you shall bear the customary costs for return shipping of the ordered goods.
a. Unless stipulated otherwise, the general statutory warranty provisions shall apply. Consequently, your rights in the event of material and legal deficiencies are defined according to the statutory provisions. We assume no liability for descriptions provided by third parties, and in particular from customers in published customer ratings.
b. In the case of defects caused by the Customer, the warranty shall be void. This applies particularly in cases of improper handling.
c. If the delivered item displays visible defects in its materials or workmanship (including damage in transit), the Customer/Ordering Party shall duly inform us immediately.
d. If a manufacturer’s warranty is provided, the Customer must lodge any claims arising from this warranty, directly with the manufacturer. Within the scope of a warranty claim, the liability of APG Allergosan Pharma GmbH is excluded; no contractual guarantee shall be extended on the part of APG Allergosan Pharma GmbH.
e. In all cases, your statutory right of cancellation and rights arising from any separate manufacturer’s warranties that are provided with and/or attached to the goods shall remain unaffected.
12. Liability and Exclusions of Liability
Nearly all the products offered on this website consist of nutritional supplements/foods for special medical purposes (balanced diet). When ingesting these products, responsible use is of decisive importance in avoiding side effects. This primarily relates to compliance with the recommended intake and dosage. In addition, careful attention must be paid to any known intolerances to certain ingredients before taking these products.
Nutritional supplements are intended to complement a normal diet with nutrients or other vital substances, which have nutritionally-specific or physiological benefits and are offered in the form of capsules, tablets, pastilles, powder sachets, ampoules of liquids and powders, or similar forms of administration for ingesting carefully measured doses.
Nutritional supplements are no substitute for a varied, balanced diet and healthy lifestyle. Nutritional supplements have no side effects in healthy adults when taken in the recommended daily doses. Nevertheless, APG Allergosan Pharma GmbH accepts no liability for any side effects or harm to health, suffered as a result of individual intolerance. Nutritional supplements should always be kept out of the reach of small children.
The information on this website is intended solely to describe the nutritionally-specific or physiological processes of the nutritional supplements that we offer. Our descriptions and other information about the products do not serve the purpose of diagnosis, treatment, healing, or prevention of any disease or health condition. Under no circumstances are they intended to substitute a physician’s recommendations for treatment, or to diagnose or treat a disease.
If you are seeking treatment for a specific condition, taking medication, experiencing distressing symptoms, following a special diet, or are pregnant or breastfeeding, please consult your doctor before you use a product based on the information presented here. We recommend that you choose a physician with sound knowledge of the compounds involved, as these will be the only physicians who can make competent recommendations for you, and assess any possible side effects or effects of interaction with drugs.
All product information on this website is provided for information purposes only. We recommend that you do not rely solely on the information displayed on our website, but that you also read carefully through the labels, warnings and instructions before using or ingesting the goods.
a. APG Allergosan Pharma GmbH shall not be liable if any side effects or harm to health are suffered as a result of improper ingestion of the products offered on this website. APG Allergosan Pharma GmbH shall not be liable for any statements, promises, or inaccurate or incorrect product information or dosage recommendations made by the various product manufacturers.
b. Furthermore, APG Allergosan Pharma GmbH assumes no liability for any typographical errors or changes in product composition. Although the information on this website has been diligently researched, APG Allergosan Pharma GmbH does not guarantee that it is complete or that it represents the most up-to-date knowledge.
c. Claims for loss or damages lodged by a Customer against APG Allergosan Pharma GmbH are excluded, provided that APG Allergosan Pharma GmbH or its vicarious agents have not acted wilfully or with gross negligence.
d. Liability arising from verifiable loss or damages through injury to life, limb or harm, or from negligent or wilful breach of material contractual obligations, or to the extent that acceptance of liability is mandatory under Product Liability Law, or through default after concluding the contract, or due to another breach of obligations or tortious claims, shall remain unaffected. Material contractual obligations are obligations that must first be met for the proper performance of the contract to be possible and with which compliance may be relied on by the Customer as a matter of course.
13. Force Majeure
APG Allergosan Pharma GmbH shall not be liable if we are prevented from fulfilling our obligations under a contract concluded in a distance sale, due to force majeure or circumstances beyond our control.
14. Rights of Offset and Retention
a. The Customer shall have no recourse to offsetting against our claims for payment, unless the Customer’s counterclaim is established as legally binding or is uncontested. The Customer shall also have recourse to offsetting against our claims for payment if he has lodged a claim based on defects or a counterclaim arising from the same purchase contract.
b. The Customer may only exercise a right of retention, if it relates to a counterclaim from the same purchase contract.
15. Data protection
We take the protection of your personal data very seriously and treat it as confidential, in strict compliance with standard data protection regulations. Personal data is basically any information that can be used to identify and contact a person. We receive and retain your personal data whenever you contact us, fill in a form, are active on our website, make purchases from us, sign up for our e-newsletter, or submit a product-rating or any other kind of rating.
We collect and retain (process) this personal data, as it is required to answer your questions, keep you informed, and process your order correctly. Furthermore, we use this information to offer you the most relevant purchasing experience, tailored to your interests. More detailed provisions for data protection are set out in the Privacy Statement, accessed via this link.
16. Amendment of the GTC/Right to Amendment
We reserve the unilateral right to amend these GTC, providing that such amendment is required to resolve any shift in the balance between the parties, or in order to adapt to changes in statutory or technical framework conditions. We will inform the Customer of the amendment, in a notification that explains the content of the amended provisions, sent to the Customer’s last known email address. Such amendment shall form an integral part of the contract, if the Customer does not object in writing or textual form to the incorporation of the amendment into the contractual relationship within six weeks of receiving notification of the amendment.
17. Severability Clause
Should any provision of these GTC become invalid, this will not affect the validity of the other provisions.
18. Language of the Contract
The languages to be used for queries, any declaration of intent concerning the content of the contract, and for concluding the contract, shall be German and English.
Any copying or reproduction (including hard copy) of the entire website, or extracts from it, is only permitted with written permission from APG Allergosan Pharma GmbH. Use of hard copy is permitted only for the purpose of placing an order at APG Allergosan Pharma GmbH or to assist with purchases. Information may contain typographical mistakes and errors in words and images. All rights reserved.
APG Allergosan Pharma Gmbh operates a website under the domain name shop.allergosan.com. In order to use the shop.allergosan.co website, users must agree to the unconditional terms and conditions of use as set out below. By using the website, the user indicates that he or she accepts the terms and conditions of use as well as all other legal documents. If the user declines to accept the terms and conditions of use, he or she is prohibited from continuing to use the shop.allergosan.com website.
If there is a breach of all or individual provisions of the terms and conditions of use as set out below, this leads to the immediate, automatic withdrawal of the right to use the website. In the event of such a breach, APG Allergosan Pharma Gmbh reserves the right to assert claims of any kind (e.g. claims under warranty or claims for compensation due to damage) against the user concerned.
Use of the shop.allergosan.com website is designed solely for the purpose of providing information. The entire content of the shop.allergosan.com website is protected by copyright, irrespective of whether the content is provided free of charge or for a fee. Any type of reproduction, dissemination, rental, lending, publication or any other use in any form whatsoever requires the express written permission of APG Allergosan Pharma Gmbh, and is strictly prohibited in the absence of any consent. An exception can be made where a special provision expressly stipulates otherwise.
Breaches of this provision may notably result in legal consequences under trademark, copyright and competition law, APG Allergosan Pharma Gmbh expressly reserves all copyrights and rights of use arising from these (rights of use and permission to use work).
APG Allergosan Pharma GmbH provides no guarantee that the shop.allergosan.com website will always be available and at any time. Errors of whatever kind may lead to the shop.allergosan.com website being unavailable. APG Allergosan Pharma GmbH bears no liability for any specific availability or accessibility of the shop.allergosan.com website.
APG Allergosan Pharma GmbH provides no guarantee of the content of the shop.allergosan.com website. This similarly applies to any services offered on the website including associated descriptions. APG Allergosan Pharma GmbH is not bound by such information and may make amendments to the website or to the information presented on it at any time without prior notice.
APG Allergosan Pharma GmbH or the persons or enterprises connected to APG Allergosan Pharma GmbH are not liable for loss or damage of whatever kind irrespective of fault. This exclusion of liability relates to all loss or damage caused by the use of the website, by the impossibility of using the website (down time) or the limited availability of the website and of the content, by the defective presentation of content, by the presentation of external content as well as by the presentation of hyperlinks on shop.allergosan.com. Should APG Allergosan Pharma GmbH offer software downloads on the website free of charge, no liability is accepted for the same. No liability is accepted for consequential loss or damage either. Any statements of whatever kind made on the website are non-binding.
This general exclusion of liability applies irrespective of the basis of any claim made, notwithstanding the degree of fault and irrespective of whether APG Allergosan Pharma GmbH or the third persons or enterprises connected with it commercially or otherwise were aware of the possibility of the loss or damage or should have been aware of the same. The exclusion of liability extends to contractual and non-contractual claims.
APG Allergosan Pharma GmbH is not liable for linked websites or their content. The hyperlinks available on the shop.allergosan.com website are a free service. APG Allergosan Pharma GmbH has no influence on the configuration or amendment of the linked websites or on the content available on them. Where hyperlinks link to external content, they do not represent a value assessment of the linked content.
In particular APG Allergosan Pharma GmbH accepts no liability whatsoever for the accuracy, completeness, lawfulness or objectivity of this content or for its being up-to-date. The accessing of information that can be accessed via hyperlinks is the sole responsibility of the user. Should users notice that a link directs users to content that is legally problematic, you are requested to inform APG Allergosan Pharma GmbH by e-mail about this link so that it can be removed.
6. Legal texts
9. Jurisdiction and applicable law
As far as permitted by law, the courts at the place APG Allergosan Pharma GmbH has its registered office shall have jurisdiction. All legal relations are bound exclusively by Austrian law. The application of the Austrian Code on Private International Law or the UN Convention on Contracts for the International Sale of Goods is expressly excluded.