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General Terms and Conditions (hereinafter “GTC”)


For purchases in the online shop of
Apotheker Walter Bouhon GmbH (hereinafter referred to as “Seller”)


§1 GENERAL PROVISIONS, SCOPE OF VALIDITY OF THE GTCs

1.1 All deliveries and services take place exclusively on the basis of the following GTCs in the version valid at the time of the order.

Differing GTCs of the customer are not recognized by the Seller, unless the Seller explicitly agrees to their validity in writing. In the event of questions or complaints in connection with these GTCs, please contact us via our contact form or by telephone on 0800 / 37 34 635.

1.2 The contract is concluded with Apotheker Walter Bouhon GmbH.

Apotheker Walter Bouhon GmbH
Walter-Bouhon-Straße 4
90427 Nuremberg
Germany

Managing Directors: Thomas Bauer, Nico Bouhon, and Wilhelm Bouhon

Commercial register: HRB 784
Registered court Nuremberg Local Court

VAT identification number in accordance with section 27a of the German Value Added Tax Act (UStG):
DE 133503472

Contact details:
Tel. No.: 0800 / 37 34 635
E-mail address: info@freiöl.de

1.3 The goods offered in our shop are only sold to consumers and entrepreneurs as end consumers (hereinafter “Customer”). You are a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly assigned to your commercial or independent professional activity. In contrast, a company is any natural person or legal entity or a partnership with legal capacity which, when entering into the contract, is exercising its commercial or independent professional activity. The commercial and industrial reselling of the ordered goods is not permitted. We reserve the right not to accept offers of a contract that appear to have been submitted for the purpose of the commercial resale of the goods. If a contract has already been concluded, we reserve the right to withdraw from this and to exclude the Customer from acquiring our products in the future.

 

§2 CONCLUSION OF CONTRACT

The presentation and advertising of items on our order platform do not represent a binding offer to conclude a purchase contract.

If you have found the desired product, you can take a closer look at this without obligation by clicking on the product name or product image. You can place the item in the shopping cart by clicking on the button [In the shopping cart]. You can view the contents of the shopping cart at any time without obligation by clicking on the button [Go to shopping cart] in the shopping cart window that opens. You can change the products and/or remove them from the shopping cart by adjusting the quantity and/or pressing the X button [Remove product]. If you want to buy the products in the shopping cart, select the payment and shipping method and click on the button [Proceed to checkout] on the “Shopping cart” page.

During the ordering process, you can log into your existing customer account or enter your contact details for payment and shipping to create a new customer account. If you do not want a customer account, remove the tick next to [Create a customer account].

In the last step, you will once again be given an overview of your order details under “Submit order,” where you can check and, if necessary, correct your details.

To complete the purchase, you need to press the button [Submit order]. By doing so, you will send the order to us and submit a binding request to us to purchase the goods in the shopping cart. However, you can only submit the request and send it to us if you have declared your acceptance of our privacy policy and general terms and conditions by adding a tick next to “By selecting continue you confirm that you have read our data protection information and accepted our general terms and conditions” and then, in the next step, next to “I have read and accepted the general terms and conditions” when completing the order.

You will receive an order confirmation by e-mail, which you can print out using the “Print” function. This order confirmation only documents that your order has been received by us and does not represent an acceptance of your request.

The purchase contract is only concluded when we accept your request by sending the goods to you.

If, despite our careful checking, the information on the product range (e.g., price, etc.) shown in the online shop is incorrect, our sending of the goods with the correct information does not represent our acceptance, but rather a new offer, on the acceptance of which you are free to decide.

Your order is saved. You can view this in your customer profile once the order has been completed if you have registered as a customer or have logged in as a registered customer when placing the order. The order data, cancellation policy, shipping confirmation, invoice, and our GTCs are also sent to you. You can also view our GTCs at any time on our website.

§3 DELIVERY AND AVAILABILITY OF GOODS

The goods are supplied as shown in the online shop, whereby we reserve the right to make minor changes to the packaging. The delivery takes place to the delivery address stated by the Customer. We are entitled to make partial deliveries.

The stated delivery times are calculated from the time of our shipping confirmation. If no delivery time or no deviating delivery time is stated for the respective goods in our online shop, it is 2-5 working days.

If, at the time of the Customer’s order, no stock of the selected product is available, the Seller immediately informs the Customer. If the product is permanently out of stock, the Seller refrains from making a declaration of acceptance. A contract is not concluded in this case. Payments are refunded to you immediately.

If the product designated in the order by the Customer is only temporarily unavailable, the Seller also informs the Customer immediately.

Deliveries outside of the territory of the Federal Republic of Germany are currently not possible.

We bear the full risk for damage or loss of the goods in transit to you. Without hereby restricting your statutory claims, we ask you to inform us of transport damage within 24 hours.

§4 PRICES AND SHIPPING COSTS

All prices are stated in euros, include the statutory sales tax, and are understood not to include any shipping costs that apply. The price at the time of the order, which is stated in our order form, applies in each case.

The shipping costs are based on the total value of your order with us. The prices of all of the items in your shopping cart are added together to calculate this.

We deliver with DHL National exclusively within the Federal Republic of Germany.

Shipping costs: EUR 3.95 for orders under EUR 35.00

Free delivery for orders over EUR 35.00

The shipping costs include the statutory sales tax.

§5 TERMS OF PAYMENT

5.1 The payment can be made optionally by:

  • Credit card (VISA, Mastercard)
  • PayPal
  • giropay
  • SEPA direct debit
  • Sofort transfer
  • Apple Pay

subject to the corresponding terms of use of the payment service providers.

5.1.1 For a payment by credit card (VISA, Mastercard), you send us your credit card details when you submit your order. The credit card or the stated account is charged immediately after the order and your authentication as the legitimate credit card holder.

5.1.2 For a payment by PayPal, you are directly transferred from the ordering process to the PayPal website. A payment by PayPal can only be made if you are registered with PayPal or carry out registration. You are then directly transferred to the payment page and confirm the payment instruction to us. After the order is submitted, PayPal is requested by us to initiate the payment transaction and performs this automatically.

5.1.3 For a payment with giropay, you are transferred to your bank via a secure connection during the ordering process. All data such as account number, payment reference, and billing amount are already entered in the transfer form – only the usual transfer needs to be confirmed. Once the payment has been made, you are transferred back to the shop and receive a corresponding confirmation.

You only need an account with a bank that supports giropay. These include Postbank, almost all Sparkasse savings banks, Volksbank and Raiffeisenbank, DKB, MLP Banking, Merkur Bank, Cronbank, Bankhaus Ellwanger & Geiger, Bank Schilling & Co, CVW Privatbank AG, GLS Gemeinschaftsbank, many PSD banks, and other financial institutions.

5.1.4 For a payment by SEPA direct debit, you authorize the payment recipient to draw payments from your account via direct debit. At the same time, you instruct your bank to honor the direct debit drawn from your account by the payment recipient. After stating your IBAN and your date of birth, the billing amount is deducted from your account by our payment service provider Novalnet.

5.1.5 For a payment by Sofort transfer, you are automatically transferred to a secure payment form. The necessary transfer data is automatically entered, so you only need to enter the BIC and the usual online banking login details. As the last step, you approve the transfer with a TAN.

5.1.6 For a payment by Apple Pay, you can initiate the payment transaction via your smartphone or wearable.

To pay with Apple Pay, you must be registered with Apple and have activated the “Apple Pay” function. After selecting the payment method, please enter your login details for your Apple account for authentication. After this, please confirm the payment instruction for the payment to us using a payment method that you have saved (credit card or debit card). The payment is carried out immediately after submitting the order.

5.2 You are not entitled to offset our claims unless your counterclaims are legally established or undisputed. You are also entitled to offset our claims if you assert claims for defects or counterclaims from the same purchase contract.

5.3 As a buyer, you may only claim a right of retention if your counterclaim originates from the same purchase contract.

§6 RETENTION OF TITLE

The goods supplied remain the property of Apotheker Walter Bouhon GmbH until the purchase price has been paid in full.

§7 CANCELLATION POLICY / CANCELLATION FORM TEMPLATE

If you are a consumer (see section 1(1.3)), you are entitled to a right to cancel in accordance with the statutory provisions.

In all other respects, the provisions reproduced in detail below apply to the right to cancel

Cancellation policy

You have the right to withdraw from this contract, without providing justification, within 14 days.

The cancellation period amounts to 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right to cancel, you must inform us (Apotheker Walter Bouhon GmbH, Walter-Bouhon-Straße 4, 90427 Nuremberg, Germany, e-mail: info@freiöl.de) in a clear statement (e.g., a letter sent by post or an e-mail) of your decision to withdraw from this contract.
To do this, you can use the enclosed template cancellation form, although this is not mandatory.

To observe the cancellation period, it is sufficient that you submit the notification that you are exercising the right to cancel before the cancellation period expires.

Return address:

Apotheker Walter Bouhon GmbH
Walter-Bouhon-Straße 4
90427 Nuremberg
Germany


E-mail: info@freiöl.de

 

Consequences of cancellation

If you withdraw from this contract, we are to reimburse you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from you choosing another form of delivery than the cheapest standard delivery we offered), immediately and at the latest within 14 days from the day on which the notification about your withdrawal from this contract was received by us. To make this repayment, we use the same method of payment that you used when making the original transaction, unless we explicitly agree otherwise with you; in no case are you charged fees due to this payment.

We can refuse the repayment until we have either received the goods back or until you provide evidence that you have sent back the goods, whichever is the earliest. You are to send back to us or hand over the goods immediately and in all cases at the latest within 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the period of 14 days expires.

We bear the costs of returning the goods if you use the return label we have enclosed for returns within Germany. Otherwise, you bear the direct costs of sending back the goods.

We enclose a DHL return label with every parcel. If this should be missing, you will receive a replacement via our customer service department by e-mail to info@freiöl.de
or by telephone on 0800 / 37 34 635.

You must only compensate for any loss of value of the goods if this loss of value is attributable to unnecessary handling by you to inspect the characteristics, properties, and functioning of the goods. 

End of cancellation policy

Cancellation form template

If you would like to withdraw from the contract, please complete this form and sent it back.

To:

Apotheker Walter Bouhon GmbH
Walter-Bouhon-Straße 4
90427 Nuremberg
Germany

E-mail: info@freiöl.de

I/we (*) hereby withdraw from the contract I/we (*) have concluded concerning the purchasing of the following goods: 

  • Product designation(s) and content(s)
  • Ordered on (*)/received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only for notification on paper)
  • Date

(*) Please delete as appropriate 


§8 INFORMATION ON RETURNING THE GOODS

We enclose a DHL return label with every parcel. You can thus return products to us for free.

Please note the following information for returns, which helps us to process them:

Where possible, use the original packaging to return the goods to us.
Affix the DHL returns label to the parcel and send it to the following address:

Apotheker Walter Bouhon GmbH
Walter-Bouhon-Straße 4
90427 Nuremberg
Germany

We will send you an e-mail to confirm receipt of your return.

§9 USE OF THE SAVED DATA/DATA PROTECTION

Information about the type, scope, and purpose of the collection and saving of the personal data required to process the purchase contract by the Seller can be found in the privacy policy.

§10 WARRANTY

10.1 We are liable for material defects or defects of title relating to delivered items in accordance with the applicable statutory provisions, in particular sections 434 et seq. German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

10.2 Any seller’s warranties provided by us for certain items or manufacturer’s warranties granted by the manufacturers of certain items apply in addition to the claims based on material defects or defects of title within the meaning of paragraph 1. Details of the scope of such warranties arise from the warranty terms and conditions, which may also be enclosed with the items.

§11 LIMITATION OF LIABILITY

We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for compensation for damages or reimbursement of futile expenses.

In other cases, unless otherwise stipulated in the following paragraph, we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper performance of the contract in the first place (known as a material contractual obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in the following paragraph 3.

Our liability for damages due to personal injury, bodily harm or damage to health and in accordance with the German Product Liability Act remains unaffected by the aforementioned limitations and exclusions of liability.

§12 COPYRIGHTS

We have acquired copyrights to all images, films, and texts published in our online shop. The use of the images, films, and texts is not permitted without our express consent.

§13 CUSTOMER SERVICE

If you have any questions, complaints or claims, please get in touch with us.

You can reach us Monday – Thursday between 8:00 a.m. and 5:00 p.m. CET
and Friday between 8:00 a.m. and 2:00 p.m. CET on the telephone number 0800 / 37 34 635
or by e-mail to info@freiöl.de.

§14 APPLICABLE LAW AND PLACE OF JURISDICTION

14.1 The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have submitted the order as a consumer and have your usual place of residence in another country at the time of the order, the application of mandatory legal provisions of that country remain unaffected by the choice of law made in clause 1.

14.2 If you are a merchant and have your headquarters in Germany at the time of the order, the exclusive place of jurisdiction is the headquarters of the Seller, Nuremberg. In all other cases, the applicable statutory provisions apply to local and international jurisdiction.

14.3 Dispute resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts.
More information is available via the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Last updated: October 2023