Terms of service
OVERVIEW
This website is operated by Dr. Alber Health Products GmbH. Throughout the site, the terms “we,” “us,” and “our” refer to Dr. Alber Health Products. Dr. Alber Health Products offers this website, including all information, tools, and services available on this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or content providers. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions. Any new features or tools added to the current store will also be subject to these terms and conditions. You can review the most current version of the terms and conditions at any time on this page. We reserve the right to update, change, or replace any part of these terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS AND CONDITIONS
By agreeing to these terms and conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate the laws of your jurisdiction (including, but not limited to, copyright laws). You may not transmit any worms or viruses or any code of a destructive nature. A breach or failure to comply with any of the terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted and may require (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission. The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible for the accuracy, completeness, or timeliness of information provided on this site. The materials on this site are for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current sources of information. Any reliance on the materials on this site is at your own risk. This site may contain certain historical information. Historical information is not necessarily current and is provided for your information only. We reserve the right to modify the content of this site.
SECTION 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or to any third party for any modifications, price changes, suspensions, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY] We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right in any individual case. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue production of any product at any time. All offers for products or services made available on this website are void except as prohibited by law. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed by you with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed with or through the same customer account or credit card and/or using the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you, if possible, by email and/or the billing address/phone number you provided when placing the order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed. You agree to keep your account and other information up to date, including your email address and credit card numbers and their expiration dates. For further details, please see our refund policy: [LINK TO REFUND POLICY]
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control, nor over which we have any influence. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the Site is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms and conditions under which the tools are provided by the relevant third-party provider. We may also offer new services and/or features through the Site in the future (including the release of new tools and resources). These new features and/or services will also be subject to these Terms and Conditions. These new features and/or services are also subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we do not warrant or assume liability for any third-party materials or websites, or for any other materials, products, or services provided by third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit certain types of submissions (for example, contest entries) or, without such request, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall remain under no obligation (1) to maintain any Comments in confidence, (2) to pay compensation for any Comments, or (3) to respond to any Comments. We may, but are not obligated to, monitor, edit, or remove content that, in our sole discretion, is unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. ``` You agree that your comments will not infringe any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor will they contain any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL DATA
Your submission of personal information through the store is governed by our Privacy Policy, which you can view here: [LINK TO PRIVACY POLICY]
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions that could relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without notice (even after you have submitted your order) if any information in the Service or on any related website is inaccurate. We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. An update or refresh date provided in the Service or on any related website should not be interpreted as indicating that all information in the Service or on any related website has been changed or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful activity; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to make false or misleading statements; (g) to upload or transmit viruses or other types of malicious code that will or may be used in any way that will affect the function or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, impersonate, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for any prohibited use in accordance with the Terms of Service.
SECTION 13 – DISCLAIMER; LIMITATION OF LIABILITY
We do not guarantee or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that we may remove the service from time to time for indefinite periods or cancel the service at any time without notice to you. You expressly agree that your use of, or inability to use, the service is entirely at your own risk. The Service and all products and services provided to you through the Service are provided (unless expressly stated otherwise by us) "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement. Under no circumstances may Dr. Alber Health Products, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the Service or products obtained through the Service, or for any other claims in any way related to your use of the Service or any product, including but not limited to errors or omissions in content or any loss or damage of any kind resulting from the use of the Service or content (or products) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such loss or damage. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability is limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless Dr. Alber Health Products and our parent, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any and all claims and demands of third parties, including reasonable attorneys' fees, arising out of your breach of these Terms of Service or the documents referenced herein, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY CLAUSE
If any provision of these Terms of Service is found to be unlawful, invalid, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a finding shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These terms and conditions shall remain in effect until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our services or by ceasing to use our site. Furthermore, if, in our sole discretion, you breach, or we suspect you have breached, any term or provision of these terms and conditions, we may terminate this agreement without notice at any time. In such event, you shall remain liable for all amounts due up to and including the termination date; and/or we may accordingly deny you access to our services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by the laws of Germany.
SECTION 19 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
If you have any questions about the Terms and Conditions, please contact us at info@dralberhp.com. ``` Our contact information can be found here: [INSERT COMPANY NAME] info@dralberhp.com [INSERT BUSINESS ADDRESS] [INSERT BUSINESS PHONE NUMBER] [INSERT BUSINESS REGISTRATION NUMBER] [INSERT VAT NUMBER] Terms and Conditions: General Terms and Conditions of Dr. Alber Health Products GmbH
Section 1 Contractual Partner
The contractual partner under these General Terms and Conditions of Sale and Delivery is the company named in Section 16. Its name, address, contact details, authorized representatives, and other information are listed there.
Section 2 Offer and Conclusion of Contract
The goods and services offered in the shop do not constitute an offer to conclude a contract, but merely an invitation to the customer to submit an offer. The order placed by the customer in the shop constitutes an offer to the contractual partner. The contract is concluded upon delivery of the goods, unless otherwise agreed or stipulated.
Section 3 Prices
The prices displayed in the shop include the applicable value-added tax (VAT).
Section 4 Shipping Costs
You can view the shipping costs for your order during the ordering process.
Section 5 Payment
5.1 We generally offer the following payment methods: prepayment, credit card, and PayPal. We reserve the right to not offer certain payment methods for any given order and to refer you to other payment options. Please note that we only accept payments from accounts within the European Union (EU). Any transaction fees are your responsibility.
5.2 If you pay by credit card, your credit card account will be charged when we ship your order.
5.3 We reserve the right to charge a flat-rate late payment fee of EUR 5.00 per reminder if you are in default of payment. You are permitted to prove that the actual damage incurred was significantly less than the flat rate or that no damage was incurred at all.
5.4 You agree to receive invoices and credit notes exclusively in electronic form.
§6 Cancellation
``` The contracting party reserves the right to withdraw from the contract if, through no fault of its own, it is not supplied by its own supplier and the goods cannot be reasonably procured from another supplier. In the event of withdrawal, the contracting party will inform the customer immediately and promptly refund any payment already received. This also applies if the contracting party is unable to perform due to force majeure. Statutory rights of withdrawal remain unaffected.
Section 7 Offsetting and Rights of Retention
The customer is entitled to offset only if their counterclaims have been legally established or are undisputed. The customer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
Section 8 Delivery Time
Delivery dates or deadlines are non-binding unless expressly agreed upon in writing as binding. The commencement of a delivery time agreed upon in writing as binding requires the timely and proper fulfillment of the customer's obligations. The right to raise the defense of non-performance of contract remains reserved.
Section 9 Transfer of Risk
The risk passes to the customer as soon as the goods have been handed over or the shipment has been handed over to the person carrying out the transport or has left the seller's premises for shipment. If shipment is delayed at the customer's request, the risk passes to the customer upon notification of readiness for shipment.
Section 10 Retention of Title
The delivered goods remain the property of the contractual partner (reserved goods) until all claims that the contractual partner has against the customer now or in the future, regardless of their legal basis, have been fully satisfied. The customer may not dispose of the reserved goods. In the event of third-party access (in particular: bailiffs) to the reserved goods, the customer shall inform the third party of the contractual partner's ownership and notify the contractual partner immediately so that the contractual partner can enforce its ownership rights. If the third party is unable to reimburse the contractual partner for the resulting legal or extrajudicial costs, the customer shall be liable for these costs. In the event of a breach of contract by the customer – in particular in the event of default of payment – the contractual partner is entitled to withdraw from the contract and demand the return of the reserved goods.
Section 11 Warranty and Notification of Defects
If the delivered item does not conform to the agreed specifications, is not suitable for the use stipulated in the contract or for general use, or lacks the required characteristics, SmartZell GmbH will, in principle, provide supplementary performance by delivering a replacement item free of defects. Multiple replacement deliveries are permitted. If two replacement deliveries fail, the customer may, at their discretion, reduce the purchase price appropriately or withdraw from the contract. In cases of replacement delivery, the customer must return the defective item and provide compensation for any use derived from it.
Section 12 Complaints
Complaints regarding price and/or quantity discrepancies, transport damage, delivery delays, etc., must be reported to Dr. Alber Health Products GmbH in writing without undue delay.
Section 13 Right of Withdrawal ...
Right of Withdrawal The customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which the customer acquires, or a third party other than the carrier and indicated by the customer acquires, physical possession of the goods. To exercise the right of withdrawal, the customer must inform the company of their decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for the customer to send their communication concerning their exercise of the right of withdrawal before the withdrawal period has expired. ... Consequences of Cancellation If the customer cancels the contract, the supplier must reimburse the customer for all payments received, including delivery costs (excluding any additional costs incurred because the customer chose a delivery method other than the cheapest standard delivery offered by the supplier), without undue delay and at the latest within 14 days from the day on which the supplier received notification of the cancellation. For this reimbursement, the supplier will use the same payment method that the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this reimbursement. The supplier may withhold reimbursement until the goods have been returned or until the customer has provided proof of return shipment, whichever is earlier. The supplier may withhold reimbursement until the goods have been returned or the customer has supplied evidence of having sent back the goods. The buyer must return or hand over the goods to the supplier without undue delay and at the latest within 14 days from the day on which the buyer informed the supplier of the cancellation of the contract. The deadline is met if the buyer sends the goods before the 14-day period expires. The supplier bears the costs of returning the goods. The buyer is only liable for any diminished value of the goods if this diminished value is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning.
Sample Cancellation Form:
To Dr. Alber Health Products GmbH Schweizerweg 3 69120 Heidelberg represented by: Stefanie Alber
I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) Ordered on (*)/received on (*) Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only if notification is on paper)
Date
* Delete as appropriate.
Section 14 Consumer Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR). This platform is intended to serve as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts and online service contracts. The platform can be accessed at https://ec.europa.eu/consumers/odr/. Our email address is: info@dralberhp.com.
We are neither obligated nor willing to participate in dispute resolution proceedings under the German Consumer Dispute Resolution Act (VSBG).
Section 15 Miscellaneous
This contract and all legal relations between the parties are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Should any provision of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected.
Section 16 Contracting Party
The contracting party is: Dr. Alber Health Products GmbH
Schweizerweg 3
69120 Heidelberg
represented by: Stefanie Alber