Terms and Conditions

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General Terms and Conditions

1. Applicability

1.1. The business relationship between White Label Pharma GmbH, Owner: Ernst Jan Rolloos, Hohenzollernring 38-40, 50672 Cologne (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.1.2. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.1.3. Deviating conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.

2. Offers, Service Descriptions

2.1. The presentation of products in the online shop is to be understood as an invitation to place an order and does not constitute a legally binding offer. Descriptions of services in catalogs or on the Seller's websites are not to be equated with a promise or guarantee.2.2. All offers are valid "while stocks last" unless otherwise stated in the respective product description. Errors excepted.

3. Ordering Process, Conclusion of Contract

3.1. The Customer may select products from the Provider's range and collect them in a "shopping cart" via the [Add to cart] button. The Customer can then go to their shopping cart and change their selection as needed, for example, by removing a product. When the Customer is satisfied with their selection, they can proceed to the final step of the ordering process using the [Proceed to checkout] button.3.2. By clicking the button [Place binding order / Place order with obligation to pay], the Customer makes a binding offer to purchase the goods in the shopping cart. Before the order is sent, the Customer can view and change their order data at any time and return to the shopping cart via the "back" function of their browser or cancel the ordering process. Mandatory fields are marked with an asterisk (*).3.3. The Provider will then send the Customer an automatic acknowledgment of receipt by email, in which the Customer's order is listed again and which can be printed using the "Print" function (order confirmation). The automatic acknowledgment of receipt merely documents the receipt of the Customer's order by the Seller and does not constitute acceptance of the order. A binding purchase agreement is only concluded when the Seller dispatches or hands over the ordered product to the Customer within 2 days, or confirms the dispatch of the ordered product within 2 days by sending a second email, an order confirmation, or an invoice.3.4. For Customers who are entrepreneurs, the aforementioned period for dispatch, delivery, or order confirmation is seven days instead of two.3.5. If the Seller offers the option of prepayment, the contract is concluded at the moment the Customer provides their bank details and complies with the payment request. If payment is not received by the Seller within 10 calendar days after the dispatch of the order confirmation, despite being due and a reminder having been sent, the Seller has the right to rescind the contract, whereby the order expires and the Seller is released from their delivery obligation. At that point, the order is considered settled without further consequences for the Customer or the Seller. Products for which prepayment is offered can therefore be reserved for a maximum of 10 calendar days.

4. Prices, Shipping Costs

4.1. All prices stated on the Seller's website include the statutory VAT at the currently applicable rate.4.2. The Seller charges delivery costs in addition to the stated prices. The delivery costs are clearly explained to the Customer on a separate webpage and during the ordering process itself.

5. Delivery, Availability of Products

5.1. If the Customer chooses the prepayment method, delivery will only take place after receipt of the invoice amount.5.2. The Seller is entitled to rescind the contract if the delivery of the goods fails despite three delivery attempts due to the Customer's fault. Payments already made by the Customer will be refunded without delay.5.3. The Seller is entitled to rescind the contract if the ordered product is not available because the Seller is not supplied with the desired product by its supplier through no fault of its own. In this case, the Seller will inform the Customer immediately and may offer to deliver a comparable product. If no comparable products are available or the Customer does not wish to receive a comparable product, the Seller will immediately refund any payments already received.5.4. The Customer will be informed of delivery times and delivery restrictions (e.g., delivery to certain countries to the exclusion of others) on a separate webpage or in the respective product description.5.5. For Customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated for shipment; the stated delivery dates and periods are not fixed deadlines, subject to other promises and agreements.5.6. Delays in delivery and performance due to force majeure and unforeseen events that significantly complicate or make delivery impossible for the Seller are not the responsibility of the Seller towards Customers who are entrepreneurs, even in the case of bindingly agreed periods and dates. In this case, the Seller is entitled to postpone the delivery or performance for the duration of the hindrance plus a reasonable lead time. The right to postponement also applies to Customers who are entrepreneurs in the event of unforeseen events affecting the business of a sub-supplier for which neither the sub-supplier nor the Seller is responsible. For the duration of the hindrance, the Customer is also released from their contractual obligations, in particular payment. If the delay is unreasonable for the Customer, the Customer may rescind the contract by means of a written declaration after a reasonable period to be set by them or after consultation with the Seller.

6. Payment Terms

6.1. The Customer is free to choose one of the available payment methods during the ordering process; the choice is made before the completion of the ordering process. Customers are informed about the available payment methods on a separate webpage.6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the associated invoice. For all other payment methods, full payment must be made in advance.6.3. If third-party providers are tasked with payment processing (e.g., PayPal), the General Terms and Conditions of these providers apply.6.4. If the due date for payment is defined as a calendar date, the Customer is in default as soon as they fail to meet the due date and shall owe the statutory default interest.6.5. The buyer's obligation to pay default interest does not exclude the Seller's claim for other damages caused by the delay.6.6. The Customer only has a right of set-off if their counterclaims have been irrevocably established or recognized by the Seller. The Customer may only exercise a right of retention if their claims arise from the same contractual relationship as the Seller's claims.

7. Retention of Title

The Seller retains ownership of the delivered goods until full payment has been made. For Customers who are entrepreneurs, the following also applies: The Seller retains ownership of the goods until full settlement of all claims from an ongoing business relationship; the buyer is obliged to treat the purchased item with care as long as ownership has not yet passed to them. In particular, they are obliged to sufficiently insure it at their own expense against theft, fire, and water damage at replacement value, insofar as this is reasonable or customary in the industry. If maintenance and inspection work must be carried out, the buyer must perform this in a timely manner at their own expense. Any processing or transformation of the goods delivered under retention of title by the Customer is always carried out for the Seller. If the goods are processed with other objects not belonging to the Seller, the Seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed objects at the time of processing. For the item created by processing, the same applies as for the goods delivered under retention of title. The Customer also assigns the claim to the Seller as security for the claims that arise against a third party through the connection of the reserved goods with real estate. Seizures by third parties of goods owned or co-owned by the Seller must be reported immediately by the Customer. The Customer shall bear the costs of a third-party opposition proceeding or the costs of an out-of-court release arising from such interventions. The Customer is entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns to the Seller as security the claims arising from the resale or any other legal grounds regarding the reserved goods (including all balance claims from current accounts). The Seller revocably authorizes the Customer to collect the claims assigned to the Seller in their own name for the Seller's account. This collection authorization may be revoked if the Customer does not properly fulfill their payment obligations. The Seller undertakes to release the securities to which it is entitled at the Customer's request insofar as their sales value exceeds the sum of all outstanding claims of the Seller from the business relationship by more than 10% (or by more than 50% in the event of imminent liquidation). The choice of the securities to be released lies with the Seller. Upon fulfillment of all the Seller's claims from delivery transactions, the ownership of the reserved goods and the assigned claims pass to the buyer.

8. Customer Account

8.1. The Seller provides the Customer with a customer account. Within the customer account, the Customer receives information about orders and their customer data stored by the Seller. The information stored in the customer account is not public.8.2. To place an order, the Customer must create a customer account. A guest order is not possible. / [Alternative: Customers can also order as a guest without having to create a customer account.]8.3. Customers are obliged to provide truthful information in the customer account and to adjust the data to changed circumstances as necessary (e.g., a changed email address upon a change or a changed postal address before an order). The Customer is solely responsible for disadvantages arising from incorrect data.8.4. The customer account may only be used in accordance with the applicable legal provisions, in particular the provisions for the protection of third-party rights, and in accordance with the Seller's General Terms and Conditions using the access masks and other technical access options provided by the Seller. Any other form of use, in particular by external software such as bots or crawlers, is prohibited.8.5. Insofar as Customers store, list, or otherwise place content or information (hereinafter referred to as "Content") within the customer account, the Customers are responsible for this information. The Seller does not adopt the content of the customers as its own. However, the Seller reserves the right to take appropriate measures depending on the degree of risk of legal infringement posed by the content, in particular the danger to third parties. Measures that take into account the criteria of necessity, proportionality, care, objectivity, and the interests of all parties involved, in particular the fundamental rights of the customers, may include the (partial) deletion of content, requests for action and statements, warnings, and access bans.8.6. The Customer can cancel the customer account at any time. The Seller can cancel the customer account at any time with a reasonable notice period, which is usually two weeks. The cancellation must be reasonable for the Customer. The Seller reserves the right to extraordinary termination.8.7. From the moment of cancellation, the customer account and the information stored therein are no longer accessible to the Customer. It is the responsibility of the Customer to secure their data upon cancellation of the customer account.

9. Product Warranty and Indemnification

9.1. The warranty (liability for defects) is governed by statutory provisions, subject to the following regulations.9.2. A warranty for the goods delivered by the Seller only exists if the Customer was expressly pointed to such a warranty and its terms before the start of the ordering process.9.3. If the Customer is an entrepreneur, they must inspect the goods immediately without prejudice to statutory complaint obligations and report recognizable defects immediately, at the latest within two weeks after delivery, and non-recognizable defects immediately, at the latest within two weeks after discovery, in writing. Deviations in quality, weight, size, thickness, width, design, pattern, and color that are customary in the trade and permissible according to quality standards, as well as minor deviations, do not constitute defects.9.4. If the Customer is an entrepreneur, they have the choice between repair or replacement delivery of the defective goods by the Seller.9.5. Notwithstanding the liability regulations in these General Terms and Conditions, claims for defects for Customers who are entrepreneurs expire after one year from the transfer of risk, unless the law, in particular in the case of special regulations for the entrepreneur's recourse, prescribes longer periods. For used goods, the warranty towards Customers who are entrepreneurs is excluded.9.6. If the Customer, who is an entrepreneur, has installed the defective item within the meaning of § 439 para. 3 BGB (German Civil Code) in another item or connected it with another item according to its intended use, the Seller is not obliged to reimburse the Customer for the necessary costs for removing the defective item and installing or connecting the repaired or delivered defect-free item as part of supplementary performance, subject to an express agreement and notwithstanding other warranty obligations. Accordingly, the Seller is also not obliged to reimburse costs for removing the defective item and installing or attaching the repaired or delivered defect-free item as part of a recourse of the Customer within the supply chain (i.e., between the Customer and its customers).

10. Liability

10.1. The following exclusions and limitations of liability in connection with the Seller's obligation to pay damages apply regardless of other legal requirements for claims.10.2. The Seller is liable without limitation if the damage was caused intentionally or by gross negligence.10.3. The Seller is also liable for slight negligence in the breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, and for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely. In this case, however, the Seller's liability is limited to the typical, foreseeable damage for the contract. The Seller is not liable for slight negligence in the breach of obligations other than those mentioned in the preceding sentences.10.4. The aforementioned limitations of liability do not apply in the event of damage resulting from injury to life, body, or health, for defects discovered after the provision of a guarantee for the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.10.5. To the extent that the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

11. Storage of the Contract

11.1. The Customer can print the contract using the print function of their browser in the last step of the ordering process (i.e., before placing their order with the Provider).11.2. The Seller also sends the Customer an order confirmation with all order data to the email address provided by the Customer. In addition, the Customer receives a copy of the Seller's General Terms and Conditions (including the instructions on the right of withdrawal and information on shipping costs and the Seller's delivery and payment terms) with the order confirmation or at the latest upon delivery of the goods. If you have registered in our shop, you can view the orders you have placed in your profile. We also store the contract in your profile but do not make it accessible on the internet.11.3. Customers who are entrepreneurs can receive the contract documents by email, in writing, or by reference to an online source.

12. Final Provisions

12.1. If the buyer is an entrepreneur, the place of performance is the Seller's registered office, unless otherwise agreed or mandatory legal regulations apply, while the competent court is the Seller's registered office if the Customer is a merchant, a legal entity under public law, or a special fund under public law, or if the buyer has no general competent court in the country of the Seller's registered office. The Seller's right to choose another permitted competent court remains reserved.12.2. Towards entrepreneurs, the law of the [Federal Republic of Germany / Republic of Austria] applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory legal provisions dictate otherwise.12.3. The language of the contract is German.12.4. European Commission Consumer Platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/. We are willing to participate in a dispute resolution procedure before a consumer arbitration board.Alternative Dispute Resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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