TERMS & CONDITIONS
For all business relationships resulting from use of the online shop of MITOcare GmbH & Co. KG (MITOcare), only the following terms and conditions apply, in the version valid at the time of the order. Divergent conditions are not recognised unless their validity is expressly agreed in writing. The contractual relationship comes into effect between MITOcare GmbH & Co. KG, Lindenschmitstr. 44, D-81371 Munich, Germany (“MITOcare”) and the customer (“Customer”) when an order is placed.
The order placed by the Customer (e.g. by phone, email) is a binding offer.
The online product representations of MITOcare do not constitute a binding offer to conclude a contract, but an invitation to place an order (Customer offer). When purchasing using the online order form, the products selected for purchase are stored in the ‘shopping cart’. The Customer can access the shopping cart by the icon in the navigation bar and make changes at any time. After opening the ‘Cashier’ page and entering the required personal, payment, and shipping details, the complete order summary will be shown. Before submitting the order, the Customer can review all information, change or cancel the purchase (also by using the ‘back’ function of the Internet browser). By submitting the order with the option ‘Order with obligation to pay’, the Customer submits a binding offer to MITOcare .
MITOcare is entitled to accept an offer within two weeks by sending the ordered goods or, if the goods cannot be delivered within this time, by sending an order confirmation within this period of time.
The Customer has the right to withdraw from this contract within fourteen (14) days without providing any reason.
To exercise a right of withdrawal, the Customer must contact us with a clear statement (e.g. by telephone, letter or email) of an intent to withdraw from the contract.
MITOcare GmbH & Co .KG
The attached „Muster-Widerrufsformular“ may be used, although this is not obligatory.
The cancellation period is 14 days and starts from the day on which the Customer or a third party named by the Customer, who is not the carrier, receives the product(s). If the Customer orders several products and these are delivered separately, the cancellation period is 14 days from the day on which the Customer or a third party named by the Customer, who is not the carrier, receives the final product. If the Customer orders products which are delivered regularly over a specified period, the period of cancellation is 14 days from the day on which the Customer or a third party named by the Customer, who is not the carrier, receives the first product.
Payment at the purchase price is due in full upon delivery, unless otherwise stated in the order form, the delivery documents, the invoice, or the order confirmation. The Customer pays the costs of shipment ex-works unless otherwise agreed or the costs exceed a reasonable proportion of the value of the delivered product(s).
Our prices do not include Value Added Tax (VAT) unless explicitly indicated. VAT will be shown separately in the invoice at the statutory rate.
Statutory rights regarding the consequences of late payment apply. In particular, the Customer will be in default if payment is not received within 30 days of the due date and receipt of the invoice or equivalent payment schedule.
The Customer is only entitled to set-off rights if his or her counterclaims are legally established, undisputed, or acknowledged by MITOcare. The Customer is entitled to exercise a right of retention to the extent that his or her counterclaim is based on the same contractual relationship.
Compliance with our obligation to deliver assumes the timely and proper fulfilment of the Customer's obligation. The exception of the unfulfilled contract remains reserved.
Partial deliveries are permitted, provided they are approved by the Customer.
If the customer is in default of acceptance or culpably violates other obligations to cooperate, MITOcare is entitled to demand compensation for the damage incurred, including any additional expenses. Further claims are reserved.
Provided that the conditions of paragraph (2) are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the time when the latter is in default of acceptance or payment.
As far as the underlying purchase contract is a transaction for a delivery on a fixed date in the context of § 286 paragraph 2 No. 4 BGB or § 376 HGB, the legal liability provisions apply. This also applies if, due to a delay in delivery for which MITOcare is responsible, the Customer is entitled to cancel the fulfilment of the contract.
MITOcare is liable according to the relevant legal provisions if the delay in delivery results directly from an intentional or grossly negligent breach of contract for which MITOcare is responsible. A fault of our representatives or vicarious agents is also attributable to us. If the delay in delivery is not the result of an intentional breach of contract for which MITOcare is responsible, the liability for damages is limited to that of predictable and commonly occurring damage.
MITOcare is liable in accordance with the relevant statutory provisions as far as the delay in delivery for which it is responsible is due to the culpable breach of a material contractual obligation. In this case, the liability for damages is limited to that of predictable and commonly occurring damage.
MITOcare is liable for delay of performance in cases of intent or gross negligence by MITOcare or a representative or vicarious agent in accordance with statutory provisions. In other cases of delay of performance, our liability for damages is limited to 5% in addition to the performance, and 15% of the value of the delivery for damages in place of performance. MITOcare is only liable for injury to life, body, or health. Further claims of the customer due to delay of the service are excluded.
A change of the burden of proof to the disadvantage of the Customer is not affected by the above regulations.
The Customer is required to handle any purchased product with care and to store the products in a suitably cool and dry place to ensure that the quality is not impaired.
The statutory liability for defects applies.
Warranty claims by merchants require that the Merchant has properly complied with a duty to inspect and complain pursuant to § 377 HGB. Contrary to paragraph (1), written notice must be given without delay.
If there is a defect in the purchased item, MITOcare is entitled, at our discretion, to deliver a replacement item or to provide a supplementary service to remedy the defect. MITOcare bears all required expenses to remedy the defect, provided these are not increased by the fact that the object of sale has been moved to a place other than the place of performance or the replacement product is to be delivered to a place other than the place of performance. If the remedial service is not provided, the Customer is entitled to a refund or replacement.
MITOcare is liable according to the relevant legal provisions as far as the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Unless MITOcare is charged with intentional breach of contract, the liability for damages is limited to that of predictable and commonly occurring damage.
MITOcare is liable according to the relevant legal provisions if it culpably violates an essential contractual obligation. In this case, the liability for damages is limited to that of predictable and commonly occurring damage.
As far as the Customer is entitled to compensation for damage rather than issues of service, MITOcare’s liability is also limited within the scope of para. (3) to compensation for predictable and commonly occurring damage.
Liability for culpable injury to life, body or health remains unaffected. This applies to liability under the Product Liability Act.
Unless otherwise stipulated above, liability is excluded.
Further liability for damages as provided for in § 7 is excluded, regardless of the legal nature of the claim. This applies to claims for damages arising from negligence on conclusion of the contract, due to other breaches of duty, or as a result of tort claims for compensation for property damage in accordance with § 823 BGB.
The limitation according to para. (1) also applies if the customer, rather than claiming compensation for damage, claims compensation for useless expenditures instead of the delivery.
As far as liability for damages towards MITOcare is excluded or limited, this also applies to personal liability for damages of our employees, wage-earners, staff-members, representatives, and vicarious agents.
MITOcare reserves the ownership of the purchased item until receipt of all payments agreed in the delivery contract. In the event of breach of contract by the Customer, particularly in the case of default of payment, MITOcare is entitled to the return of the purchased item, which is considered a cancellation of the contract. Upon return of the purchased item, MITOcare is entitled to supply the product elsewhere. The proceeds of the liquidation will be credited towards the Customer's liabilities, less reasonable costs associated with supplying the product elsewhere.
In the event of seizure or other interference by third parties, the Customer must notify MITOcare immediately in writing for MITOcare to file an action pursuant to § 771 ZPO. As far as the third party is not able to reimburse MITOcare for the court and out-of-court costs of a claim in accordance with § 771 ZPO, the Customer is liable for the loss incurred by MITOcare.
The Customer expressly agrees that the personal data the Customer provides may be stored by MITOcare or a commissioned third party for the duration of the contract and its processing, as well as thereafter, for the maintenance of the customer relationship.
MITOcare commits itself to using data provided by the Customer only for its own purposes and the purpose of processing the order (e.g. invoicing). MITOcare is not permitted to disclose Customer data to unaffiliated third parties, except where there is a legal or regulatory obligation.
If the Customer is a merchant, the place of business is the place of performance. However, MITOcare is entitled to take legal action against the Customer at his or her place of residence.
The law of the Federal Republic of Germany applies, to the exclusion of the UN Sales Law.
Unless otherwise stated in the order confirmation or the delivery documents, the place of business is the place of performance.
The limitation period for claims for damages due to defects for any legal reason is limited to one year.
The limitation periods applicable to claims for damages pursuant to paragraph 1 also apply to other claims for damages against MITOcare , irrespective of their legal basis. They also apply if claims are not related to a defect.
The above limitation periods apply with the provisos that:
The periods of limitation shall generally not apply in the case of intent or fraudulent concealment of a defect or if the seller has assumed a guarantee for the quality of the delivery item.
The limitation periods do not apply to claims for damages in cases of injury to life, body, health, or freedom, for claims under the Product Liability Act, for a grossly negligent breach of duty or culpable violation of essential contractual obligations. Furthermore, they do not apply in the cases of § 438 para. 1 no. 1 and no. 2 BGB.
The period of limitation with all claims for damages begins at the delivery.
Insofar as claims for damages are made in this provision, claims for the reimbursement of futile expenses are also recorded.
Unless expressly determined otherwise, the statutory provisions on the beginning of the limitation period, the suspension of expiry, the suspension and the new start of the period remain unaffected.