General Terms and Conditions with Customer Information
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter „GTC“) of MedicBite (hereinafter „Seller“) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter „Customer“) concludes with the Seller concerning the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.
1.2 These GTC also apply accordingly to contracts for the delivery of digital content, unless expressly stipulated otherwise.
1.3 These GTC also apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.5 Digital content within the meaning of these GTC refers to all data not located on a physical data carrier that is produced in digital form and provided by the Seller with specific rights of use regulated in these GTC.
1.6 The subject of the contract may be, depending on the product description of the Seller, both the one-time delivery of goods and the continuous delivery of goods (hereinafter „subscription contract“). In the case of a subscription contract, the Seller undertakes to deliver the contractual goods to the Customer for the duration of the agreed contract period at the agreed intervals.
2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit 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. By placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that concludes the order process.
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), with the receipt of the order confirmation by the Customer being decisive, or
- delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
- requesting payment from the Customer after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., under the PayPal terms of use. The contract is concluded at the moment the Customer clicks the button to complete the order.
2.5 If „Amazon Payments“ is selected, payment processing is carried out via Amazon Payments Europe s.c.a. By clicking the button to complete the order, the Customer simultaneously issues a payment order to Amazon. The Seller accepts the Customer’s offer at this moment.
2.6 After the conclusion of the contract, the Seller stores the contract text and sends it to the Customer in text form. If the Customer has created a user account before submitting the order, the order data is archived and can be accessed by the Customer.
2.7 Before submitting the order, the Customer can identify and correct input errors using the usual keyboard and mouse functions. A useful technical tool for better detection is the zoom function of the browser.
2.8 The contract language is exclusively German.
2.9 Order processing and contact usually occur via email. The Customer must ensure that the provided email address is correct and that emails from the Seller can be received.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information can be found in the Seller’s withdrawal policy.
4) Prices and Payment Conditions
4.1 Prices are total prices including statutory VAT. Additional shipping costs are stated separately.
4.2 Available payment methods are specified in the Seller’s online shop.
4.3 If prepayment is agreed, payment is due immediately unless otherwise agreed.
4.4 Payments via „SOFORT“ are processed through SOFORT GmbH. More information is available at https://www.klarna.com/sofort/.
4.5 Payments via „Shopify Payments“ are processed by Stripe Payments Europe Ltd. More info: https://www.shopify.com/legal/terms-payments-de.
4.6 Credit card payments via Stripe are due immediately upon contract conclusion. Stripe may conduct a credit check and reject payment if negative.
5) Delivery and Shipping Conditions
5.1 Goods are delivered to the delivery address provided by the Customer.
5.2 If delivery fails due to the Customer’s fault, the Customer bears the resulting costs.
5.3 Pickup is not possible.
5.4 Digital content is provided via email.
5.5 Vouchers are provided via email.
6) Granting of Rights for Digital Content
6.1 Unless otherwise stated, the Customer is granted a non-exclusive, unlimited right to use the content.
6.2 Content may not be shared or copied for third parties without Seller’s permission.
6.3 Rights are granted only after full payment.
7) Contract Duration and Termination for Subscriptions
7.1 Subscription contracts are indefinite and can be terminated by the Customer with 14 days‘ notice.
7.2 Extraordinary termination for good cause remains unaffected.
7.3 Terminations must be in writing or text form (e.g., email).
8) Retention of Title
Goods remain the Seller’s property until full payment.
9) Liability for Defects (Warranty)
9.1 Legal warranty provisions apply.
9.2 Consumers are asked to report transport damage to the carrier and inform the Seller.
10) Redemption of Promotional Vouchers
10.1 Promotional vouchers can only be redeemed in the Seller’s online shop and during the specified period.
10.2 Certain products may be excluded.
10.3 Redemption is only possible before order completion.
10.4 Multiple vouchers can be used per order.
10.5 The order value must at least equal the voucher value.
10.6 Remaining amounts must be paid by the Customer.
10.7 No cash or interest for voucher value.
10.8 Vouchers are not refunded in case of returns.
10.9 Vouchers are non-transferable.
11) Redemption of Gift Vouchers
11.1 Gift vouchers can only be redeemed in the Seller’s online shop.
11.2 They are valid until the end of the third year after purchase.
11.3 Redemption only possible before order completion.
11.4 Multiple vouchers can be used per order.
11.5 They cannot be used to buy other vouchers.
11.6 Remaining amounts must be paid by the Customer.
11.7 No cash or interest for voucher value.
11.8 Gift vouchers are transferable. The Seller may fulfill to the bearer unless aware of unauthorized use.
12) Applicable Law
German law applies. For consumers, this only applies as long as it doesn’t deprive them of mandatory protections of their home country.
13) Jurisdiction
If the Customer is a merchant or legal entity, the Seller’s place of business is the exclusive jurisdiction. This also applies to foreign business Customers.
14) Alternative Dispute Resolution
14.1 The EU Commission offers an online dispute resolution platform: https://ec.europa.eu/consumers/odr
14.2 The Seller is not obliged nor willing to participate in dispute resolution before a consumer arbitration board.