Terms and Conditions

§ 1 Scope of Application

 

(1) These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Sanopoly GmbH, Max-Planck-Str. 20, 63303 Dreieich (hereinafter referred to as "Sanopoly GmbH") apply only to consumers as defined in § 13 of the German Civil Code [BGB], i.e., any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity (hereinafter referred to as "Customers").

(2) For the business relationship with our customers, including for information and advice, these Terms and Conditions in their version valid at the time of order shall apply exclusively. Any deviating conditions of the customer shall not apply.

(3) References to the applicability of statutory provisions are merely clarificatory in nature. Statutory provisions therefore apply even without such clarification, insofar as they are not directly modified or excluded in these Terms and Conditions.

§ 2 Conclusion of Contract

(1) The customer's order directed to Sanopoly GmbH constitutes an offer to conclude a purchase agreement.

(2) The customer may select products from the range of Sanopoly GmbH, in particular vitamin preparations and dietary supplements, and collect them in a so-called shopping cart using the "Add to Cart" button. In doing so, the customer has the choice between a one-time delivery/one-time purchase or concluding a subscription ("Savings Subscription") in accordance with the following § 3.

(3) By clicking the "Purchase with Charge" button, the customer submits a binding offer to purchase the products contained in the shopping cart. Before sending the order, the customer may change and review the data at any time. However, the offer may only be submitted and transmitted if the customer accepts these Terms and Conditions by checking the box "I have read the Terms and Conditions, Privacy Policy, and Right of Withdrawal Notice and agree to them" and thereby incorporates them into his offer.

(4) Sanopoly GmbH shall thereupon send the customer an automatic order confirmation by email, in which the customer's order is listed again and which the customer can print using the "Print" function. The automatic order confirmation merely documents that the customer's order has been received by Sanopoly GmbH and does not constitute an acceptance of the offer. The contract is concluded only upon the issuance of the acceptance declaration by Sanopoly GmbH, which is sent by separate email ("Order Confirmation") or by dispatch of the goods to the customer. In this email or in a separate email, but no later than upon delivery of the goods, we shall send the contract terms (consisting of the order, terms and conditions, and order confirmation) to the customer on a permanent data carrier (email or paper printout) (Contract Confirmation). The contract terms shall be stored in compliance with data protection regulations.

(5) The conclusion of the contract shall be conducted in the German language.

§ 3 Subscription ("Savings Subscription")

(1) If the customer selects a subscription ("Savings Subscription") as part of an order, a subscription agreement with Sanopoly GmbH shall be concluded for the fixed term specified in the order (6, 12, or 24 months). The subscription agreement shall likewise only come into effect upon acceptance by Sanopoly GmbH (see § 2 para. (4)).

(2) The commencement of delivery shall be based on the date specified in the order or the earliest date feasible from a distribution standpoint. Subsequent deliveries shall be made once per month to the delivery address provided by the Customer. Any changes to the name and changes to the address must be notified to Sanopoly GmbH immediately in written form to ensure correct and timely delivery. If products cannot be delivered due to notification not being provided or being provided late, the Customer shall bear the additional costs arising from this (in particular the costs of return shipment and resending).

(3) The "Savings Subscription" has a fixed term of 6, 12, or 24 months and may be terminated for good cause with a notice period of 4 weeks at the end of the fixed term. Upon expiration of the fixed term, the "Savings Subscription" shall be automatically renewed for an indefinite period and may be terminated at any time with a notice period of 4 weeks.

(4) The subscription prices stated above include the statutory value-added tax. The customer's payment must be made in advance for the entire subscription period, however no more than 24 months in advance. Payment is made via the payment methods offered in the webshop of Sanopoly GmbH (currently via PayPal, direct debit, credit card, invoice, prepayment or cash on delivery).

(5) The product line ESSENTIALS is not available as a savings subscription. It is also excluded from any other discounts.

§ 4 Delivery Terms/Payment

(1) Delivery times specified by Sanopoly GmbH are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except in the case of payment on account). If no delivery time or a different delivery time is not specified for the respective products in our online shop www.sanopoly.com, it is approximately 7 days.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, Sanopoly GmbH shall notify the customer of this in the order confirmation without undue delay. If the product is permanently unavailable, Sanopoly GmbH shall refrain from issuing an order confirmation. In this case, no contract shall be concluded.

(3) All prices stated on the website of Sanopoly GmbH are inclusive of the applicable statutory value added tax. Upon receipt of the products by the customer, the purchase price becomes due and must be paid within a maximum of 14 days from goods delivery and receipt of the invoice. The customer may furthermore pay in the web shop via PayPal, direct debit, credit card, invoice (not possible as a

(4) Unless otherwise agreed, delivery shall be made to the delivery address specified by the purchaser. Shipping and delivery costs are displayed during the ordering process and can otherwise be viewed at https://www.sanopoly.com/de/shop/payment-shipping/.

(5) For shipments that are lost due to individual agreements between the recipient and courier services, Sanopoly cannot assume any liability.

§ 5 Retention of Title

Sanopoly GmbH reserves ownership of the delivered goods until full payment of the purchase price has been made.

§ 6 Withdrawal

In the event of payment default by the customer, Sanopoly GmbH reserves the right to withdraw from the contract. The statutory claims of the customer remain unaffected.

§ 7 Customs/Import Tax

When importing goods into countries outside the European Union, import duties may be incurred. These are to be borne by the customer. Import duties vary in customs territories. The customer is responsible for the proper payment of the necessary customs duties and fees. Import duties are not shipping costs. For deliveries to non-EU countries, Sanopoly GmbH does not separately indicate value-added tax.

§ 8 Warranty

(1) Sanopoly GmbH is liable for defects in goods in accordance with the applicable statutory warranty provisions, in particular §§ 434 et seq. BGB (German Civil Code). An additional guarantee for goods supplied to Sanopoly GmbH exists only if it has been expressly granted in the order confirmation for the respective item.

(2) For claims for damages or reimbursement of fruitless expenses by the customer, the limits set out in the following § 9 shall apply

§ 9 Limitation of Liability

(1) The customer's claims for damages are excluded. This exclusion does not apply to the customer's claims for damages arising from injury to life, body, health, or from violation of essential contractual obligations ("cardinal obligations") as well as liability for other damages arising from intentional or gross negligent breach of duty by Sanopoly GmbH, its legal representatives, or vicarious agents. Essential contractual obligations (cardinal obligations) are those that characterize the contract and whose performance is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, Sanopoly GmbH shall be liable only for typical contractual, foreseeable damage if it was caused by simple negligence, unless it is a claim for damages by the customer resulting from injury to life, body, or health.

(3) The limitations in subsections (1) and (2) shall also apply in favor of the statutory representatives and vicarious agents of Sanopoly GmbH if claims are asserted directly against them.

(4) The limitations of liability arising from subsections (1) and (2) shall not apply to the extent that Sanopoly GmbH fraudulently concealed the defect or assumed a warranty for the quality of the goods. The same applies to the extent that Sanopoly GmbH and the customer have concluded an agreement regarding the quality of the goods. The provisions of the Product Liability Act remain unaffected.

§ 10 Information concerning the exercise of the right of withdrawal

Right of withdrawal

You have 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 you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Sanopoly GmbH, Max-Planck-Str. 20, 63303 Dreieich, Germany, phone: +49 6103 3767740, email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to Sanopoly Fulfillment, Bäderstraße 9, 65321 Heidenrod, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions from the right of withdrawal

The right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

§ 11 Data Protection

(1) The data necessary for order processing shall be processed and stored in accordance with the Federal Data Protection Act ("BDSG") and the General Data Protection Regulation ("GDPR"). All personal data shall be treated confidentially. The customer has the right to information as well as the right to correction, blocking, and deletion of stored data.

(2) We additionally refer to our privacy policy, which is available at https://www.sanopoly.com/de/shop/privacy-policy/.

§ 12 Usage and Copyright Rights

For documents, texts, images and other information published in the advertising materials of Sanopoly GmbH and on its homepage, the copyright law applies without restriction. In particular, individual reproductions such as copies and printouts may only be made for private use. The production and distribution of further reproductions is not permitted without express written permission from Sanopoly GmbH. The user is responsible for compliance with applicable legal provisions and may be held liable in case of misuse.

§ 13  Final Provisions

(1) Contracts between Sanopoly GmbH and customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of choice of law and the application of mandatory (consumer protection) provisions, in particular those of the state in which the customer as a consumer has his or her habitual residence, remain unaffected.

(2) The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online order out of court in the first instance. The dispute resolution platform can be found at: https://ec.europa.eu/consumers/odr/. Furthermore, Sanopoly GmbH does not participate in dispute resolution proceedings before a consumer arbitration body (§ 36 VSBG).

(3) For complaints or inquiries regarding our products, customers may contact us at any time by telephone, in writing or by email:

Sanopoly GmbH
Max-Planck-Str 20
63303 Dreieich

[email protected]
Telephone: 06103-3767740

District Court Offenbach am Main, Commercial Register No. 45070
VAT ID No. DE273524545
Managing Director: Jan Veen

(4) Amendments and supplements to these Terms and Conditions require text form. This also applies to this text form agreement itself. The precedence of individual agreements pursuant to § 305b BGB remains unaffected hereby.

As of: 28.06.2019