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. Aknowledgment of the GTC
The customer acknowledges these GTC, in the version applicable at the time of submitting the order and agrees to them as soon as the respective order is placed.
3. Conclusion of the Contract
a. Internet Presence of APG Allergosan Pharma GmbH
The product presentation on the website does not represent a binding offer within the legal sense. It is an invitation to the customer to submit an offer personally. The offer in the legal sense is submitted by you, as the customer, when placing the order by clicking on the “Buy now” button after completing the ordering process in full. You remain bound to this order for two weeks, i.e. the contract is bindingly concluded when we accept your order within this period. An automated email will confirm receipt of the order directly after you have submitted it. We will confirm acceptance of the contract in a separate email as soon as the products have left our warehouse (dispatch or order confirmation) or at the latest through delivery of the products.
b. Ordering Process
The purchase contract is concluded with APG Allergosan Pharma GmbH. By clicking on the “Add to basket” button, the customer can select the product(s) they want from the overview of the online shop’s range, shop.allergosan.com. The selected products will be stored in the basket temporarily while the customer is visiting the website, shop.allergosan.com. The ordering process is continued by clicking on the “Go to checkout” button next to the products listed in the basket. On the next page, the customer will be asked to log into the online shop, if they already have an account, or to register or to proceed as a guest. Then, the customer selects their desired billing address, delivery method and delivery address. The customer then selects their desired payment method and inputs the details required to process the payment. When selecting external payments services such as PayPal, the customer will be transferred to the external website of the respective payment services provider. Prior to submitting the order, the details relevant to the order will be summarised in an “Order overview”. The customer can still check their information in the order overview once more and correct it if needed, before sending their order to APG Allergosan Pharma GmbH by clicking on the “Buy now” button. By clicking on the “Buy now” button, the customer submits a binding purchase offer in relation to their chosen products.
c. Order Confirmation
After receiving the order, APG Allergosan Pharma GmbH will send a notification email to the email address indicated by the customer to confirm receipt of the order and its content (referred to as “order confirmation” below). The order confirmation does not represent APG Allergosan Pharma GmbH’s acceptance of the customer’s purchase offer. If APG Allergosan Pharma GmbH refuses to conclude the contract, this will be disclosed to the customer immediately by email.
4. Storage of the Contract Text
The contract text, i.e. the customer’s information for the ordering process, will be stored by APG Allergosan Pharma GmbH and can be viewed by the customer using the “My account” link under “My orders”. Notwithstanding the above, APG Allergosan Pharma GmbH will send an order confirmation and these GTC to the email address provided by the customer.
a. All prices are total prices; they include the packaging costs and the statutory VAT.
b. Delivery costs are to be added to the indicated product prices. You can find more information about the delivery costs in the individual offers themselves and here >.
6. Delivery conditions
We only deliver by mail dispatch. Unfortunately, it is not possible to pick up the products personally. We do not deliver to packaging stations.
Unless otherwise agreed, delivery shall be to the address provided by the customer. The delivery will be carried out without delay.
In the event of damage to the goods during transport, the customer must immediately report the damage to the transport company and claim the damage there.
APG Allergosan Pharma GmbH bears no liability where obstacles to delivery exist in regard to suppliers or manufacturers. Where delivery or compliance with the agreed delivery time is impossible due to circumstances beyond APG Allergosan Pharma GmbH’s control, APG Allergosan Pharma GmbH shall be entitled to withdraw from the contract in full or in part. APG Allergosan Pharma GmbH will inform the customer immediately in this respect. In that case, any claims for damages are excluded.
7. Payment date and retention of ownership
a. The purchase price is due for payment prior to delivery of the products.
b. The delivered products remain the property of APG Allergosan Pharma GmbH until full payment.
8. Payment conditions
a. APG Allergosan Pharma GmbH accepts the following payment methods: PayPal, credit card (Visa, Mastercard) and instant transfer.
b. In case of payment by credit card, your credit card will only be charged once the order is completed. Please note: In order to pay by credit card in the Allergosan online shop, it must be enabled for the 3D Secure process. Please contact your credit card provider for more information in this regard.
c. PayPal – You pay the invoice amount via the online provider, PayPal. You need to be registered there or will first need to register. After authenticating yourself with the login details, you can confirm the payment instruction to us. You will receive further advice when placing the order.
d. Instant transfer – the purchase price is debited from your account at the same time as the order is completed.
e. The statutory regulations for late payments apply. Reminder charges for relevant handling or recovery of the outstanding amount will be issued in a separate invoice and a claim made from the second reminder.
9. Customs Duties
If you order products from us and arrange to deliver them to a country outside of the EU, there may be import duties and/or taxes due. They will be incurred by you as soon as the package reaches the destination. All additional fees that must be paid to clear customs are your responsibility. We have no control over these fees. Customs regulations differ significantly from country to country. Please contact your local customs authority for more information before ordering from us.
Please note that you will be considered an importer for orders and must comply with all laws and regulations of the country to which you import our products. Furthermore, your package may be opened by the customs authorities for international deliveries. Please contact your local customs authority for more information.
10. Rights of cancellation (right of rescission)
10.1. CANCELLATION POLICY
As a consumer, you have a legal right of revocation when concluding a distance selling transaction and we will explain this to you below:
Right of cancellation
You have the right to revoke this contract within 30 days without specifying any reasons. The revocation period is 30 days from the date on which you or a third party nominated by you, who is not the carrier, has/have taken ownership of the products.
In order to exercise your right of revocation, you must inform us by means of a clear declaration (e.g. a letter sent by post, fax or email) about your decision to revoke this contract. You can use the enclosed revocation form template, but this is not a requirement.
APG Allergosan Pharma GmbH
Tel.: +43 316 405 305
Fax: +43 316 405 305 20
To comply with the revocation period, it is sufficient for you to send the communication on exercising your right of revocation prior to the end of the revocation period.
Consequences of cancellation
If you revoke this contract, we must reimburse you for all payments that we received from you, including the delivery costs (with the exception of the additional costs due to you choosing a delivery method different to the cheapest standard delivery offered by us) immediately and at the latest within 14 days from the date on which the communication on your revocation of this contract is received by us.
If you have ordered multiple products and assert your legal right of revocation in respect of only a part of the products, then you must bear the amount of the shipping costs that would have been due if you had ordered only the products remaining in your possession. We will repay you using the same payment method as the one used by you in the original transaction, unless it has been expressly agreed otherwise with you; you will in no way be charged a fee for this repayment. We may refuse repayment until we have received the products or until you provide proof that you have sent back the products, depending on which is the earliest. You must return or send the products immediately and in any case no later than 14 days from the date on which you informed us about the revocation of this contract to:
APG Allergosan Pharma GmbH
Tel.: +43 316 405 305
Fax: +43 316 405 305 20
The deadline is met when you send the products prior to the end of the 14-day period. We would point out that rights of revocation or withdrawal are excluded if, in the case of sealed products, the seal has been damaged and/or removed following delivery.
In the case of revocation, you shall bear the direct costs of the return; this applies to returns within Austria and in particular for returns from abroad; you shall also bear the direct costs of the return in this case.
You must only pay for any loss in value of the products if this loss in value is attributed to handling by you that is not required for checking the quality, properties and functioning of the products.
END OF CANCELLATION POLICY
10.2. SAMPLE CANCELLATION FORM
(If you wish to revoke the contract, you can complete this form and return it to us.)
APG Allergosan Pharma GmbH
Tel.: +43 316 405 305
Fax: +43 316 405 305 20
- I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (for paper communication only)
(*) Cross out if not applicable.
If you return products from your order to us within the revocation period, even without a written declaration, we will acknowledge the return as a clear declaration of your decision to revoke this contract, within the meaning of the above revocation instruction.
10.4. RESPONSIBILITY TO COVER COSTS
If you assert your right of revocation, you are responsible as the consumer for the ordinary costs of the return of the products ordered.
a. Unless stated otherwise, the general statutory warranty provisions are applicable; your rights in the case of material and legal defects are determined according to the statutory regulations. We do not accept any liability for third-party descriptions, in particular from customers as part of public customer reviews.
b. The warranty is excluded for defects caused by the customer. This is in particular the case for inappropriate handling.
c. If delivered items have obvious material or manufacturing detects (even transport damage), the customer/purchaser must inform us about this immediately.
d. If there is a manufacturer guarantee, the customer must assert the claims arising from this directly with the manufacturer. The liability of APG Allergosan Pharma GmbH under a guarantee claim is excluded; contractual guarantees are not provided by APG Allergosan Pharma GmbH.
e. Your legal right of revocation and rights from guarantee declarations possibly provided separately or included with the products by the manufacturer remain unaffected in all cases.
12. Liability and Exclusions of Liability
Virtually all products offered on this website are nutritional supplements/foodstuffs for particular medical purposes (balanced diet). It is important to consume them responsibly in order to avoid side effects. This means in particular adhering to the recommended consumption and dosage. Furthermore, known incompatibilities with certain ingredients must also be noted prior to consumption.
Nutritional supplements are intended to supplement a normal diet with nutrients or other vital substances which have a specific nutritional or physiological effect and are offered in the form of capsules, tablets, pills, powder sachets, drop-dispensing bottles, liquids and powders or similar forms of administration to take in dosed quantities.
Nutritional supplements are not a substitute for a varied, balanced diet and a healthy lifestyle. Nutritional supplements do not have side effects in healthy adults when taken in the recommended daily dosage. However, if side effects or health problems do occur due to individual incompatibilities, APG Allergosan Pharma GmbH accepts no liability. Nutritional supplements should always be stored out of reach of small children.
The information on this website is intended only to describe the specific nutritional or physiological processes of the nutritional supplements that are offered. Our descriptions and other information about the products are not intended for the purpose of diagnosis, treatment, cure or prevention of an illness or health condition. It is under no circumstances intended to replace recommendations or treatments from a doctor or to diagnose or treat an illness.
If you would like to treat a certain illness; are on medication; have symptoms; are on a diet; are pregnant or are breastfeeding, contact your doctor before using one of the products based on the information presented here. We recommend choosing a doctor who has extensive knowledge of substances since only they can give you qualified recommendations and assess any side effects or interactions with medications.
All product information on this website is provided solely for information purposes. We recommend that you do not rely solely on the information shown on our website, but instead also always carefully read through the labels, warnings and instructions prior to using or consuming the products.
a. Should inappropriate consumption of the products offered on this website lead to side effects or health problems, APG Allergosan Pharma GmbH accepts no liability. APG Allergosan Pharma GmbH accepts no liability for statements, promises, imprecise or inaccurate product information or consumption recommendations made by the different manufacturers of the products.
b. APG Allergosan Pharma GmbH also accepts no liability for typographic errors or changes to the product composition. Although the information on this website has been carefully researched, APG Allergosan Pharma GmbH provides no guarantee for the completeness of the information on the website or that it is in line with the latest standard of knowledge.
c. Claims for damages from the customer against APG Allergosan Pharma GmbH are excluded insofar as APG Allergosan Pharma GmbH or its vicarious or executing agents have not acted in a wilful or grossly negligent manner.
d. Liability remains unaffected for demonstrable damages resulting from injury to life, limb and health due to grossly negligent or wilful infringement of essential contractual duties or where liability is mandatory according to the product liability act or for debts upon conclusion of the contract or due to other infringements of duty or tortious claims. Essential contractual duties are duties the fulfilment of which in the first place makes possible the due performance of the contract and compliance with which the customer may normally expect.
13. Force Majeure
If we are impaired due to force majeure or circumstances outside of our control in fulfilling the duties under a contract concluded for distance selling, APG Allergosan Pharma GmbH accepts no liability.
14. Rights of Offset and Retention
a. The customer is not entitled to offset our claims, unless the customer’s counterclaims are established and undisputed in law. The customer is also entitled to offset our claims if they assert complaints or counterclaims under the same purchase contract.
b. The customer may only exercise a retention right if their counterclaim is based on the same purchase contract.
15. Data protection
We take the protection of your personal data very seriously and treat your personal data confidentially and in explicit compliance with legislative data protection regulations. Personal data is essentially information by means of which a person can be identified and contacted. We receive and store your personal data when you contact us, complete forms, are active on our website, shop with us, sign up for our electronic newsletter and provide a product review or other such review.
16. Amendment of the GTC/Right to Amendment
We are entitled to unilaterally change these GTC, if this is required to remedy any subsequent distortion of the balance or to adapt to modified legal or technical framework conditions. We will inform the customer of a change by communicating the content of the changed regulations to the customer’s last known email address. The change will become part of the contract if the customer does not object to us in writing or text format within six weeks following receipt of the communication about the change being included in the contractual content.
17. Severability Clause
If one provision of these GTC becomes ineffective, the effectiveness of the remaining provisions remains unaffected.
18. Language of the Contract
For queries, for any declarations of intent about the contractual content and for the conclusion of the contract, the following languages are available: English.
Copying or reproducing (even printing on paper) the entire website or excerpts from these is only permitted with the written consent of APG Allergosan Pharma GmbH. Printing on paper is only permitted for the purposes of submitting an order to APG Allergosan Pharma GmbH or to use as a shopping aid. Typographic errors and mistakes in the wording and images are reserved. All rights reserved.
Terms of service
APG Allergosan Pharma Gmbh operates a website under the domain name, shop.allergosan.com. The user must agree to the below terms of service in order to use the website, shop.allergosan.com. Using the website means that the user accepts the terms of service and all other legal texts. In the event that the user does not accept the terms of service, they are prohibited from continuing to use the website, shop.allergosan.com.
If all or individual provisions of the terms of service below are violated, this will mean that the permission to use the website will be immediately and automatically withdrawn. In the case of such violations, APG Allergosan Pharma Gmbh reserves the right to bring any claims whatsoever (e.g. claims under warranty or claims for damages) against the user (s) in question.
The use of the website, shop.allergosan.com, is permitted exclusively for information purposes. All content on the website, shop.allergosan.com, is protected by copyright. This applies irrespective of whether the content is offered for a charge or for free. Any kind of duplication, dissemination, leasing, loaning, public accessibility or other use in any way always requires the express, written consent of APG Allergosan Pharma Gmbh and is expressly prohibited in the absence of such consent. Excluded from this is when something different is expressly regulated in a special provision.
Violations of this provision may result in particular in consequences under trademark, copyright and competition law. APG Allergosan Pharma Gmbh expressly reserves all copyrights and rights to use arising from this (rights to exploit works and permissions to use the works).
APG Allergosan Pharma Gmbh offers no guarantee that the website, shop.allergosan.com, will always be accessible. Faults of any kind may lead to the website, shop.allergosan.com, not being accessible. APG Allergosan Pharma Gmbh under no circumstances accepts liability for certain availability or accessibility of the website, shop.allergosan.com.
APG Allergosan Pharma Gmbh provides no guarantee for the content on the website, shop.allergosan.com. This also applies to any services offered on the website, including the associated descriptions. APG Allergosan Pharma Gmbh is not bound to such information and may at any time make changes to the website or the content presented on the website without prior notice.
APG Allergosan Pharma Gmbh and the individuals or companies affiliated with APG Allergosan Pharma Gmbh are not liable for any damages irrespective of any responsibility. This liability exclusion relates to all losses caused by the use of the website, by the inability to use the website (downtime) or the restricted availability of the website and the content, due to the defective display of the content, due to the display of third-party content and due to the display of hyperlinks on shop.allergosan.com. In the event that APG Allergosan Pharma Gmbh offers free software downloads on the website, APG Allergosan Pharma Gmbh accepts no liability for such downloads. APG Allergosan Pharma Gmbh also accept no liability for any consequential losses. Information of any kind provided on the website is non-binding.
This general liability exclusion applies irrespective of the basis of the claim asserted, regardless of the degree of responsibility and irrespective of whether APG Allergosan Pharma Gmbh or the third-party individuals or companies commercially or otherwise affiliated with APG Allergosan Pharma Gmbh knew or must have known about the possibility of a loss. The liability exclusion extends to contractual and non-contractual claims.
APG Allergosan Pharma Gmbh accepts no liability for linked websites or their content. The hyperlinks available on the website, shop.allergosan.com, are a free service. APG Allergosan Pharma Gmbh has no influence whatsoever on the design or modification of the linked websites or the content offered on them. If hyperlinks refer to third-party content, they do not represent an endorsement of the linked content.
In particular, APG Allergosan Pharma Gmbh accepts no liability whatsoever for the accuracy, completeness, legality, objectivity and currentness of this content. Access to information reached via hyperlinks is the sole responsibility of the user. In the event that users notice that a link refers to legally questionable content, please inform APG Allergosan Pharma Gmbh by email about this link so that it can be removed.
6. Legal texts
All other legal texts referenced in these terms of service form an integral part of these terms of service and are subject to the provisions stipulated in these terms of service whenever they do not include special regulations (e.g. content subject to a fee).
APG Allergosan Pharma Gmbh has the right to change these terms of service and all other legal texts at any time and without prior notice. The respective version of the current terms of service is binding. All users of the website, shop.allergosan.com, expressly declare their agreement that the respectively applicable version is effective for users as soon as they revisit the website, shop.allergosan.com, and do not object in writing to the current version of the terms of service or the other legal texts.
The invalidity or ineffectiveness of individual provisions of the terms of service or the other legal texts does not affect the legal effectiveness of the remaining provisions; in this case the agreements, which are legally effective and come closest to the original goal of APG Allergosan Pharma Gmbh, are deemed concluded.
9. Jurisdiction and applicable law
The jurisdiction is, as far as permissible by law, the registered office of APG Allergosan Pharma Gmbh. Austrian law exclusively applies to all legal relationships. The applicability of the Austrian Private International Law Act or UN Convention on Contracts for the International Sale of Goods is excluded.