General terms and conditions

1) Scope

1.1 These general terms and conditions (hereinafter “GTC”) of Four 20 Pharma GmbH (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can primarily be attributed neither to their commercial nor independent professional activity.
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1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to make a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the button that concludes the ordering process. In addition, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or online contact form.

2.3 The seller can accept the customer's offer within five days

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
• by asking the customer to pay after submitting their order.
  

If there are several of the above alternatives, the contract is concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer has been sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the above period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 When choosing a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com or — if the customer does not have a PayPal account — subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time when the customer clicks on the button that completes the order process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text available in any other way. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved free of charge by the customer via his password-protected user account, providing the appropriate login details.

2.6 Before binding the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, which helps to enlarge the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all
emails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment option (s) is/are notified to the customer in the seller's online shop.

4.3 If the payment method on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 7 (seven) days from receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to offer this payment method with
Reject an excess of the specified order volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.

4.4 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Advance information (“pre-notification”) is any message (e.g. invoice, policy, contract) from the seller to the customer that announces a charge via SEPA direct debit. If the direct debit is not cashed due to insufficient account coverage or due to the provision of incorrect bank details, or if the customer objects to the debit even though he is not entitled to do so, the customer must bear the fees arising from the chargeback from the respective credit institution if he is responsible for this.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. With regard to the costs of delivery, this does not apply if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal by the customer, the return costs are as set out in the seller's cancellation policy
Regulation made in this regard.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Contrary to this, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer instructs the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has previously provided the customer with this person or institution did not name.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the seller is not responsible for the non-delivery and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payments, he reserves title to the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)

7.1 Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

• the seller has the choice of the method of subsequent performance;
• In the case of new goods, the limitation period for defects is one year from delivery of the goods;
• In the case of used goods, rights and claims due to defects are excluded;
• The limitation period does not begin again if a replacement delivery is made as part of the liability for defects.
  

7.3 The limitations of liability and time limits set out above do not apply

• for claims for damages and expenses made by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods which have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any obligation on the part of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
  

7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing legal recourse claim remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is required to examine and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are considered approved.

7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8) Applicable Law

The laws of the Federal Republic of Germany apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

9) Jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

10.2 The seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is generally prepared to do so.