General terms and conditions
§ 1 General, scope of application
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relations between Neurofelix Handels GmbH (hereinafter referred to as "Provider") and its customer in the version valid at the time of conclusion of the contract. Deviating general terms and conditions of the customer will be rejected.
Customers according to §1 (1) are both consumers and businessmen. Consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. An businessman, on the other hand, is a natural or legal person or partnership with legal capacity who orders for commercial, independent or freelance purposes.
§ 2 Order of one-off deliveries and conclusion of the contract
The presentation of the goods in the internet shop does not constitute a binding offer by the supplier to conclude a sales contract. The customer is thereby only requested to submit an offer by placing an order. The customer can view past orders in his user account. If one or more products are selected, the latter will be placed in the virtual shopping basket. All products assigned to this can be viewed in the shopping basket. In addition, the number of ordered products can be changed and an ordered product can be removed. By pressing the button "Checkout" you will be asked to enter the relevant information for shipping and to select a payment method. Before completing the order, all information relevant to the order will be displayed in summary. By pressing the button "buy now" the order process is finished and the order is sent. By sending the order in the Internet shop, the customer makes a binding offer directed to the conclusion of a purchase contract for the goods contained in the shopping cart. With the sending of the order the customer recognizes also these trading conditions as for the legal relation with the offerer alone authoritatively. The supplier confirms the receipt of the order of the customer by sending a confirmation e-mail. This order confirmation does not represent yet the acceptance of the contract offer by the offerer. It merely serves to inform the customer that the order has been received by the provider. The explanation of the acceptance of the contract offer takes place within two days by the delivery of the commodity or an express declaration of acceptance. Contrary to §2 (4), the order confirmation represents at the same time the acceptance of the contract offer with purchase by prepayment.
§ 3 Order, cancellation and conclusion of the subscription contract
The presentation of the goods as a subscription in the Internet shop does not constitute a binding offer by the provider to conclude a subscription. The customer is thereby only requested to submit an offer by placing an order. The customer can view the general terms and conditions at any time on www.neurofelixir.de/gtc . When selecting the products, the customer has the opportunity to send an order for a subscription. The delivery rhythm assigned to the subscription can be viewed in the shopping basket. By pressing the "Checkout" button, you will be asked to enter the information relevant for shipping and to select a method of payment. Before completing the order, all information relevant to the order will be displayed in summary. By pressing the button "buy now" the order process is finished and the order is sent. By sending the order in the Internet shop, the customer makes a binding offer directed to the conclusion of a purchase contract for the goods contained in the shopping cart. With the sending of the order the customer recognizes also these trading conditions as for the legal relation with the offerer alone authoritatively. The subscription standing for the customer for the selection arranges itself in the term as follows:
Three-month delivery of three monthly packs each, a total of 12 packs per year.
The contract period is at least twelve months, the contract is automatically extended after twelve months and does not have to be extended additionally by the customer.
Packages are sent every third month on the same day, starting from the day on which the subscription is taken out, as long as this day does not fall on a weekend. (Example: If the subscription was concluded on 12 November, the next packages will be sent on 12 February, 12 May, etc.). The supplier confirms the receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contractual offer is made within two days by the first delivery of the goods selected in the subscription or an express declaration of acceptance. Notices of termination can be sent at any time to firstname.lastname@example.org or to the following address:
Neurofelix Handels GmbH c/o Esanum
Schönhauser Allee 45a
The revocation conditions from §13 of these gtc apply.
§ 4 Prices
For orders, the prices listed for the products at the time of the order shall apply. All prices quoted include German statutory value-added tax and do not include shipping costs. Additional costs will be charged separately.
§ 5 Terms of delivery
For delivery to Germany or Austria, shipping costs of € 4.99 will be charged if the value of the goods is less than € 40. If the value of the goods is more than 40 €, shipping to Germany and Austria is free of charge. The supplier is entitled to partial deliveries and partial services. The costs arising from this shall be borne by the supplier. The delivery within Germany takes place via DHL. The supplier ships from Monday to Friday noon. If a buyer does not accept the goods, the supplier can sell the goods to a third party after a period of 2 weeks and make the original buyer liable for any loss incurred. Should the goods not be available due to force majeure or product discontinuance or should the supplier not be able to procure the ordered products under reasonable conditions and should these circumstances only occur after conclusion of the contract and not be the responsibility of the supplier, the supplier is released from the delivery obligation. Should events occur which make delivery significantly more difficult or impossible for the Supplier - for example strikes, lockouts, official orders or similar - the Supplier shall not be responsible for delays even in the case of bindingly agreed deadlines and dates. If you make use of your right of revocation, the provider shall bear the regular costs of the return shipment.
§ 6 Terms of payment
For one-time orders, which are not subscriptions, we offer prepayment, invoice, credit card (Visa, Mastercard), direct debit (direct debit), PayPal as payment methods. We reserve the right to exclude certain payment methods. For subscription orders, we offer the following payment methods: invoice, credit card (Visa, Mastercard), direct debit and PayPal. We reserve the right to exclude certain payment methods. In the case of subscriptions, the debit is made quarterly with the dispatch of the goods. In the case of payment by invoice or advance payment, payment is due immediately after conclusion of the contract. Please transfer the total amount to this bank account:
Account holder: Neurofelix Handels GmbH
Account number: 150 610 95
Bank sort code: 700 202 70
Neurofelix Handels GmbH checks and evaluates your data details and maintains a data exchange with other companies and credit agencies in the case of justified interest and cause. Your personal data will be treated in accordance with the applicable data protection regulations.
If you pay by credit card, the reservation of the amount is made upon completion of the order, the debit of the account when shipping the goods. Credit card statements are carried out by :
PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal
Commercial register number: R.C.S. Luxembourg B 118 349
Personally liable shareholder of PayPal (Europe) S.à r.l. et Cie, S.C.A.: PayPal (Europe) S.à r.l., Commercial register number: R.C.S Luxembourg B 127 485
Conseil de gérance der PayPal (Europe) S.à r.l.: David Engel, David Ferri, Rupert Keeley, Kenneth Frank Sommer
PayPal (Europe) S.à r.l. et Cie, S.C.A. is managed as a bank throughout the EU. The supervisory authority is the Luxembourg banking supervisory authority CSSF. (Commission de Surveillance du Secteur Financier).
Payment by invoice via PayPal Plus
In cooperation with Paypal we offer you the purchase on account as a payment option. Please note that PayPal invoice is only available for consumers and that the payment has to be made to PayPal.
When buying on account with PayPal, you always get the goods first and you always have a payment period of 14 days. The online shop charges a fee of 0 Euro per order when buying on account with PayPal.
Account holder: PayPal Europe
Account number: 150 610 80
Bank sort code: 700 202 70
Bank: Deutsche Bank
Purchase by direct debit; direct debit authorisation; processing fee for return direct debits
When purchasing by direct debit, the payment amount is due immediately for payment by collection from the current account specified in the ordering process at the bank specified there (the current account). You hereby grant Neurofelix Handels GmbH a SEPA direct debit mandate to collect due payments and instruct your financial institution to redeem the direct debits. The creditor identification number of Neurofelix Handels GmbH is DE19ZZZ00000237180. The mandate reference number will be sent to you by email at a later date.
Note: Within eight weeks, starting with the debit date, you can request reimbursement of the debited amount. The conditions agreed with your financial institution apply. Please note that the claim remains due even in the case of a return debit. The preliminary information on the collection of the SEPA direct debit will be sent to you at least one day before the due date by email to the email address you provided during the ordering process. If the current account does not have the required coverage, the account-holding credit institution is not obliged to redeem the SEPA direct debit. Partial payments will not be made by direct debit. The payment method purchase by direct debit does not exist for all offers and presupposes among other things a successful credit check as well as a current account led in Germany. If the customer is permitted to purchase certain offers by direct debit after checking the creditworthiness, payment is processed in cooperation with Paypal GmbH, to whom we assign our payment claim. In this case, the customer can only make payment to Paypal GmbH with debt discharging effect. We remain also responsible with the purchase by direct debit over Paypal for general customer inquiries (e.g. to the commodity, delivery time, dispatch), Returns, complaints, revocation declarations and - sending or credit notes. The "General Terms and Conditions" of Paypal GmbH apply.
By specifying the current account you confirm that you are entitled to direct debit via the corresponding current account and will provide the necessary cover. Return debit notes are associated with a high expenditure and costs for us and Billpay GmbH. In the case of a return debit note (due to lack of required funds in the current account, due to expiry of the current account or unauthorised objection by the account holder), you authorise Billpay to submit the debit note a second time for the payment obligation due in each case. In such a case, you are obliged to pay the costs incurred by the returned direct debit. Further claims are reserved. In view of the effort and costs involved in return direct debits and in order to avoid the processing fee, we ask you not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with us, the reversal of the payment will take place by remittance of the corresponding amount or by credit note.
§ 7 transfer of perils
In the case of customers, the risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the customer or a recipient designated by the customer when the goods are handed over. This applies regardless of whether the shipment is insured or not. In all other cases, the risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the buyer upon delivery, in the case of sale to destination upon delivery of the goods to the forwarding agent or other person or institution designated to carry out the shipment.
§ 8 Retention of title
In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
§ 9 Maturity
Payment of the purchase price is due upon conclusion of the contract.
§ 10 DisclaimerClaims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
Excluded from the exclusion of liability specified under item 1 are claims for damages due to injury to life, limb, health and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty on the part of the provider, its legal representatives or vicarious agents.
§ 11 Prohibition of assignment and pledging
The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded without the consent of the provider, unless the customer proves a justified interest in the assignment or pledging.
§ 12 Set-off and right of retention
The customer shall only have a right of set-off if his claim for set-off has been legally established or is undisputed. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship. If the customer is in arrears with any payment obligations towards us, all existing claims shall become due immediately.
If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data as well as for the revocation of consents given, please contact us by telephone: + 49 (0) 30 588 49 166, by e-mail: email@example.com or by post to: Neurofelix GmbH c/o Esanum, Schönhauser Allee 45a, 10437 Berlin.
§ 13 Revocation instruction
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days:
In the case of a purchase contract from the date on which you or a third party designated by you, other than the carrier, have taken possession of the goods. In the case of a contract for several goods ordered under a single order and delivered separately from the date on which you or a third party other than the carrier designated by you took possession of the last goods. In the case of a contract for the regular delivery of goods over a fixed period of time from the date on which you or a third party other than the carrier designated by you took possession of the first goods. In order to exercise your right of withdrawal, you must inform us (neurofelixir, a trademark of Neurofelix Handels GmbH c/o Esanum, Schönhauser Allee 45a, 10437 Berlin, firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can do this by using the attached Use a model withdrawal form, but this is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will refund to you all payments we have received from you, excluding delivery charges (and any additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier. You must return the goods immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest to the following address. Neurofelix GmbH
c/o DHL Home Delivery GmbH
Vor der Hecke 12, Tor 500
The deadline is met if you send the goods before the expiry of the fourteen-day deadline. The customer bears the costs of returning the goods < br />. You'll have to pay for a possible The loss in value of the goods shall only be incurred if such loss in value is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
§ 14 Revocation form
If you wish to cancel the contract, please complete this form and return it to
Neurofelix Handels GmbH c/o Esanum, Schönhauser Allee 45a, 10437 Berlin / email@example.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name(s) of the consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s) (only for paper communication):
(*) Cross out not applicable.
§ 15 Legal liability for defects
The statutory liability for defects applies to all our products.
Important note: Please consult your doctor in case of known intolerances. The same applies to possible interactions with other products taken at the same time.
§ 16 Vouchers & promotions
Vouchers cannot be purchased, but are issued as part of advertising campaigns. These are only valid for the specified period. The voucher expires after one use or expiration of the validity period. Individual products can be excluded from the voucher action.
For administrative reasons it is not possible to refund any residual value of the vouchers or credits. If the value of a voucher or credit is not sufficient for the order, the remaining amount can be balanced with the offered payment options.
Vouchers and credits can only be redeemed before completion of the order process. A subsequent settlement is not possible.
Vouchers and credits cannot be transferred to third parties. Multiple vouchers cannot be combined.
Vouchers will not be refunded if goods are returned in whole or in part. neurofelixir.de is not liable for the loss or theft of promotional vouchers.
§ 17 Choice of law & place of jurisdiction
The contractual relations between the provider and the customer shall be governed by the laws of the Federal Republic of Germany. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
Place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 18 Data Protection & Privacy
The regulations of our data protection declaration apply to data protection.
§ 19 Access to the text of the contract
Wir save the contract text and send you the order data by e-mail. You can view the gtc at any time. You can view past orders in your customer account.
§ 20 Out-of-court online dispute resolution
The European Commission provides a platform for extrajudicial online dispute resolution (OS), which you can find under the link to the Platform of the European Commission. We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration body.
§ 21 Severability clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
Neurofelix Handels GmbH
Commercial register number: HRB 233312, County court München
Managing Director Thomas Forner, Peter Schmitz
State: August 2017
The provisions of the German Civil Code (BGB) mentioned in these General Terms and Conditions can be found at http://bundesrecht.juris.de/volltextsuche.html