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General terms and conditions
General Terms and Conditions of Use of the customer portal of HEROSAN Healthcare GmbH (www.herosan.eu)
1. Scope of application
1.1 These general terms and conditions of use (hereinafter "GTC") of the customer portal of Herosan Healthcare GmbH (hereinafter "HEROSAN") apply to the use of the customer portal on the website www.herosan.eu (hereinafter "Customer Portal") as well as to orders processed via the Customer Portal.
1.2 Contracts with HEROSAN are concluded exclusively on the basis of these General Terms and Conditions.
1.3 Deviations from these General Terms and Conditions, as well as conflicting general terms and conditions of HEROSAN's contractual partner (hereinafter the "Customer"), shall only apply if HEROSAN has expressly approved them in writing in the individual case through its authorized representatives. HEROSAN employees are not authorized to make commitments or enter into agreements that deviate from these General Terms and Conditions.
1.4 HEROSAN reserves the right to change these Terms and Conditions at any time. No explicit notice of such changes will be given. The customer is responsible for independently reviewing these Terms and Conditions for changes before concluding each new contract. The version published in the customer portal at the time of the order applies to each order.
2. Offer / Conclusion of contract
2.1 The products shown in the customer portal represent a non-binding online catalog.
2.2 The customer has the option of placing the offered products in his electronic shopping cart by clicking on the “Add to cart” button.
2.3 Before submitting an order (by clicking the “order with payment” button), the customer has the opportunity to check all information again and change it if necessary.
2.4 Before submitting an order (by clicking the “order with payment” button), the customer will be informed about the essential characteristics of the goods, HEROSAN’s contact details, the total price of the goods including shipping and other costs, as well as the period within which the goods will be delivered.
2.5 By placing an order (by clicking on the “order with payment” button), the customer makes a binding offer to conclude a contract with regard to the products contained in his electronic shopping cart.
2.6 After placing the order, the customer will receive an automatic order confirmation. This constitutes acceptance of the contract.
2.7 As an alternative to point 2.6, a contract with HEROSAN is concluded implicitly through fulfillment of the contract (dispatch of the ordered goods) even without an order confirmation.
2.8 The contract thus concluded will be stored electronically by HEROSAN. It is not accessible to the customer; however, the customer will receive an overview of the contract content with the order confirmation in accordance with Section 2.6 or in paper form upon delivery of the goods.
2.9 Contracts with HEROSAN are concluded exclusively in German.
3. Prices / Payment / Late Payment
3.1 The prices applicable to an order are those valid at the time the order is placed (by clicking the "Place order with payment" button). Promotional prices are valid exclusively for the duration of the promotion, including any recurring orders.
3.2 Prices are final prices and include Austrian VAT and shipping costs. Any additional shipping costs incurred by the customer will be expressly disclosed before the order is completed.
3.3 Payment of the purchase price is based on the payment methods stated in the online shop.
3.4 When paying by credit card, the customer account will be debited upon conclusion of the contract.
3.5 The purchase price is due upon receipt of the invoice.
3.6 In the event of late payment caused by the customer, the customer will be charged default interest at a rate of 8% per annum.
4. Delivery, shipping
4.1 The place of performance for deliveries, services and payments shall be the business premises at the registered office of HEROSAN (Grazer Straße 9, 8434 Neutillmitsch).
4.2 When the goods are dispatched, the risk of loss or damage to the goods shall pass to the customer as soon as the goods are delivered to the customer or to a third party designated by the customer, other than the carrier.
4.3 Delivery to Germany, Austria, Switzerland, Italy, Slovenia, Croatia, Slovakia, France, the Netherlands, Belgium, Denmark, Finland, Luxembourg, Poland, Romania, Sweden, the Czech Republic and Hungary will be made to the delivery address specified in the order by a commissioned transport company.
4.4 Delivery is regular. Delivery times for Austria and Germany are within 2-4 working days. For all other countries, we generally deliver within 3-5 working days.
4.5. Island surcharge of €25 net on orders to the German islands, regardless of order value.
5. Retention of Title
6. Prohibition of offsetting
7. Content of the online offer
7.1 HEROSAN assumes no liability for the timeliness, accuracy, completeness, or quality of the information provided in the customer portal. Liability claims against HEROSAN relating to material or immaterial damages caused by the use or non-use of the information provided, or by the use of incorrect or incomplete information, are excluded, unless HEROSAN can be proven to have acted with intent or gross negligence.
7.2 The product offerings on the customer portal are subject to change and non-binding. HEROSAN reserves the right to change, add to, or delete parts of the website or the entire product offering on the customer portal, or to temporarily or permanently discontinue publication thereof without prior notice.
8. Warranty
8.1 HEROSAN warrants that the goods are free from defects at the time of delivery in accordance with statutory provisions. The statutory warranty periods apply.
8.2 HEROSAN guarantees the shelf life of the products sold within the best-before dates indicated on the packaging, provided that they are stored after delivery in accordance with the storage recommendations indicated on the goods.
8.3 Any information provided by HEROSAN regarding contents and other product-specific information is only approximate or exemplary.
9. Liability
9.1 HEROSAN is liable exclusively for gross negligence (gross negligence, intent).
9.2 Liability for damages caused by slight negligence is expressly excluded.
9.3 HEROSAN shall be liable for personal injuries and under the Product Liability Act in accordance with the applicable law.
9.4 HEROSAN assumes no liability for the constant and uninterrupted availability of the online trading system or for technical and electronic errors over which HEROSAN has no influence, in particular for the delayed processing of orders.
10. Withdrawal
10.1 Customers who are consumers within the meaning of Directive 2011/83/EU have the right to withdraw from a contract concluded with HEROSAN via the customer portal without giving reasons in accordance with the following points.
10.2 The cancellation period shall expire after 14 days from the day on which the customer or a third party other than the carrier designated by the customer takes possession of the goods. In the case of multiple goods ordered in a single order which are delivered separately, the cancellation period shall expire after the day on which the consumer or a third party other than the carrier designated by the consumer takes possession of the last delivered goods.
10.3 To exercise his right of withdrawal, the customer must inform HEROSAN of his decision to withdraw from this contract by means of a clear declaration by post (HEROSAN Healthcare GmbH, Grazer Straße 9, 8434 Neutillmitsch) or by email (info@herosan.eu). Refund Request Form Template may be used, but this is not mandatory.
10.4 To comply with the cancellation period, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
10.5 There is no right of withdrawal for:
10.5.1 Goods which are liable to deteriorate rapidly or whose expiry date would be quickly exceeded;
10.5.2 Goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery. Grazer Straße 9, 8434 Neutillmitsch
11. Consequences of revocation
11.1 In the event of a cancellation, HEROSAN shall reimburse the customer all payments received from the customer in connection with the canceled order, including delivery costs, without undue delay and at the latest within 14 days from the date on which HEROSAN received notification of the cancellation of the contract.
11.2 Unless otherwise agreed, HEROSAN will refund the amount using the same payment method used by the customer for the original transaction. Under no circumstances will the customer be charged any fees for this refund.
11.3 In the event of a cancellation pursuant to Section 10, the consumer must return the goods in question to HEROSAN immediately and in any event within 14 days from the date on which the customer notified HEROSAN of the cancellation of the contract in question. The return period is met if the goods are dispatched before the expiry of the 14-day period.
11.4 The customer shall bear the direct costs of returning the goods.
11.5 The customer shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
11.6 HEROSAN may refuse to refund until HEROSAN has received the goods back or until the customer has provided evidence that the goods have been returned, whichever is earlier.
12. Data protection, data storage, cookies
13. Copyright/Liability
13.1 The content of the customer portal is protected by copyright. The information is intended for personal use only. Any further use, in particular storage in databases, reproduction, and any form of commercial use, as well as the transfer to third parties, even in part or in a revised form, without the consent of the respective organization is prohibited. Any integration of individual pages of our offering into third-party frames is prohibited.
13.2 HEROSAN assumes no liability for the authenticity, accuracy, or completeness of the information provided on this website. No liability is assumed for the availability or operation of this website and its contents. Any liability for direct, indirect, or other damages, regardless of their cause, arising from the use or unavailability of the data and information on this website is excluded, to the extent legally permissible.
References and links
14.1 The website contains references to third-party websites (so-called "links"). Using a link may redirect the user to a third-party website. HEROSAN assumes no responsibility or liability for the accuracy, completeness, or timeliness of the content of such third-party websites.
14.2 HEROSAN expressly distances itself from any illegal content on third-party websites and will, upon knowledge of any illegal activity or information and upon knowledge of facts or circumstances from which illegal activity or information becomes apparent, take immediate action to remove the link.
Copyright and Trademark Law
15.1 Photo credit: HEROSAN Healthcare GmbH
15.2 HEROSAN endeavours to respect the copyrights of the graphics, audio documents, video sequences and texts used in all publications, to use graphics, audio documents, video sequences and texts created by itself or to use license-free graphics, audio documents, video sequences and texts.
15.3 All brands and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by third-party rights.
15.4 The copyright for published material created by HEROSAN remains solely with the owner of the website. Reproduction or use of such graphics, audio documents, video sequences, and texts in other electronic or printed publications is not permitted without HEROSAN's express consent.
16. Dispute Settlement
The EU Regulation on Online Dispute Resolution for Consumer Affairs (No. 09.01.2016/524) has been in effect since January 2013, XNUMX. Disputes between consumers and traders in connection with online sales contracts or online service contracts can be resolved via the following online platform.
17. Place of jurisdiction and applicable law
17.1 Unless mandatory provisions of the Consumer Protection Act (KSchG) conflict with this, the exclusive place of jurisdiction for all disputes arising from contractual relationships or contract initiations with HEROSAN Graz is.
17.2 All legal relationships between HEROSAN and the customer shall be governed by Austrian law, excluding the conflict of law provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
18. Disclaimer
Disclaimer and general information on human and veterinary medical topics.
The content presented on our website is for informational purposes only. All information does not constitute a recommendation or promotion of the products described, nor does it imply diagnostic methods or treatments in these areas. The texts provided make no claim to completeness, timeliness, accuracy, or balance of the information presented, and do not imply any guarantees.
The texts and product descriptions on our website are in no way a substitute for professional advice from a human or veterinary physician, and they should not be used as a basis for independent diagnosis, including the initiation, modification, or termination of treatments or illnesses. If you have any health-related questions or complaints, please consult a trusted physician or veterinarian!
All information provided and products offered are not intended as a substitute for prescribed therapies, medications or for self-diagnosis.
The information provided is not intended to diagnose, treat, cure or prevent any disease.
Our company and our authors assume no liability for complications or damages resulting from the use of our website, the information, and the products presented therein. We do not intend to create the impression of disseminating false information.
Do not use our products if you are pregnant, breastfeeding or if you have small children.
The CBD products we offer are made from certified EU industrial hemp varieties listed in the common catalogue of varieties of agricultural plant species pursuant to Article 17 of Council Directive 2002/53/EC of 13 June 2002, OJ No. L 193/2002 p.1 or in the Austrian list of varieties pursuant to Section 65 of the Seed Act 1997, Federal Law Gazette I No. 72/1997, as amended.
According to legal regulations, we are not authorized to provide information about the health aspects of the products, and any promises of healing are prohibited.
Cannabidiol (CBD) is a natural component of the hemp plant. Hemp has been used in a variety of ways around the world for thousands of years. Clinical studies are rapidly increasing, supporting its medical relevance in humans and animals.
19. Severance clause
