General Terms and Conditions & Customer Information
§1 Scope of application
(1) The following General Terms and Conditions apply to all orders placed by consumers (hereinafter referred to as "Customer") via the online shop of
Li-iL GmbH Arzneimittel, Arzneibäder, Leipziger Str. 300, 01139 Dresden, Germany
Dresden. Furthermore, these General Terms and Conditions apply to the conclusion of purchase contracts within our factory outlet on our company premises at the address given, as well as to orders placed by the customer by telephone or e-mail.
(2) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
(3) The language available for concluding the contract is German.
§ 2 Order process, correction options and conclusion of the contract in the online shop
(1) The customer can find the essential characteristics of the goods we offer and the validity period of limited offers in the individual product descriptions in the online shop.
(2) By placing the products in the online shop, we are making a binding offer to conclude a contract for these items.
(3) The customer can select products from our range and add them to the shopping basket by clicking on the ‘Add to basket’ button on the relevant product detail page or on the product overview pages. This process is non-binding and does not constitute acceptance of a contract. The customer can view the shopping basket at any time by clicking on the ‘Basket’ button or on the ‘Show basket’ button and remove products from the shopping basket by clicking on the ‘Delete’ button. Likewise, the customer can change the quantity in the ‘Quantity’ field. If the customer wants to purchase the products in the shopping basket, they must initiate the order process by clicking on the ‘Proceed to Checkout’ button. Alternatively, there is the option of initiating the order process directly via the ‘amazon pay’ button.
(4) After initiating the order process by clicking the ‘Checkout’ button, the customer is asked to enter their data. The mandatory information is marked with an asterisk (*). The customer can optionally register with our online shop and open a customer account. The mandatory information required for this is marked with an asterisk (*). When making future purchases, the customer can order by entering their email address and password without having to re-enter their data. Before placing an order, the content of the order, including the customer data, is summarised on an overview page. The customer can correct all order and personal data there using the respective change buttons. By clicking the ‘Order with obligation to pay’ button, the customer accepts the offer for the products contained in the shopping cart. This concludes the purchase agreement. When selecting payment via Amazon Pay, PayPal or Sofort Überweisung, the customer is redirected to the website of the selected payment service provider, where they must log in with their access data and authorise the payment. When paying by credit card, the customer may be redirected to their bank's website to authorise the payment. Immediately after completing the purchase process, the customer will receive another confirmation by email.
(5) After initiating the order process by clicking on the ‘amazon pay’ button, the customer must log in to Amazon with their access data. The customer's personal data does not need to be entered. Rather, the data stored by the customer in their Amazon account for the delivery address and payment method are automatically adopted and can be changed using the change buttons provided for this purpose. After that, the customer clicks on the ‘Go to checkout’ button to get to our final order page, where they can check their entries again, identify any errors and correct them using the respective change buttons. By clicking on the ‘Order with obligation to pay’ button, the customer completes the order process. This is when the purchase contract is concluded. Immediately after sending the order, the customer receives another confirmation by email.
§ 3 Conclusion of contract outside of the online shop
(1) The customer's order by telephone or email constitutes a binding offer to conclude a purchase contract.
(2) In the case of an order by email, confirmation of receipt of the order together with our acceptance of the contract will be sent by email without delay after its receipt. The purchase contract is concluded with this email confirmation.
(3) When an order is placed by telephone, a contract is formed between us and the customer if we accept the customer's offer by e-mail or telephone within three days.
§ 4 Prices, Shipping Costs
(1) (1) The prices stated on the article pages include the statutory sales tax and other price components and, unless the conditions for free shipping are met, do not include shipping.
(2) An overview of the shipping options and the resulting shipping costs can also be found under the link "Shipping costs". The shipping costs are also displayed to the customer on the overview page before the order is placed.
§ 5 Payment
(1) Payment is made at the customer's option by credit card, IMMEDIATE transfer, PayPal, Amazon Pay or prepayment.
(2) When selecting the credit card payment method, the customer simultaneously transmits their credit card details when placing the order. Immediately after the order has been placed, the customer's credit card company is requested to initiate the payment transaction, which is carried out automatically and debits the customer's credit card account.
(3) When selecting the IMMEDIATELY transfer payment method, the customer is redirected to the online provider's website after placing the order. In order to pay the invoice amount via SOFORT Überweisung, the customer must have an online banking account with a PIN/TAN procedure that is activated for participation in SOFORT Überweisung, must identify himself accordingly and confirm the payment instruction. The customer will receive further information during the ordering process or on the SOFORT Überweisung website. The payment transaction will be carried out immediately afterwards by SOFORT Überweisung and the customer's account will be debited.
(4) If the customer selects PayPal as the payment method, they will be redirected to the PayPal website after placing the order. In order to pay the purchase price via PayPal, the customer must be registered there or register first, authenticate with their access data and confirm the payment instruction to us. After placing the order in the online store, we request PayPal to initiate the payment transaction. This is carried out automatically by PayPal immediately afterwards.
(5) (5) If the customer selects the payment in advance option, the customer will receive the bank details by means of a separate e-mail (transaction receipt) after the order has been completed. The invoice amount is to be transferred to the specified account within 10 days of the conclusion of the contract. We will only ship the goods after receipt of payment. If no payment has been received in the specified account within 2 weeks of the conclusion of the contract, we are entitled to withdraw from the contract without a reminder.
(6) If the customer selects Amazon Pay as the payment method, they will be redirected to the Amazon website after placing the order. To pay the purchase price via Amazon, the customer must be registered there or register first, authenticate with their access data and confirm the payment instruction to us. After placing the order in the online shop, we request Amazon Payments Europe to initiate the payment transaction. This is carried out automatically by Amazon immediately afterwards.
(7) Payment for orders placed by email or telephone is made by prepayment via bank transfer or by invoice. When ordering by email and paying in advance, the customer will receive our bank details in a separate email. When ordering by email or telephone and paying by invoice, the customer will receive the bank details on the invoice, which is enclosed with the delivery. The invoice amount is to be transferred to the account specified within 10 days of the conclusion of the contract (in the case of advance payment) or receipt of the invoice.
(8) During a delay in payment by the customer, we are entitled to demand default interest in the amount of 5 percentage points above the respective base interest rate announced by the Deutsche Bundesbank in the Federal Gazette. We reserve the right to prove higher damages.
(9) The customer shall only be entitled to rights of set-off with undisputed, legally established or recognised claims. The customer shall also be entitled to set-off against our claims if they assert complaints or counterclaims from the same purchase contract. The customer shall only be entitled to exercise a right of retention if their counterclaim is based on the same contractual relationship. This shall not apply to undisputed or legally established counterclaims.
§6 Delivery
(1) The delivery time is 3 to 5 working days, unless otherwise stated on the item page in the offer. The delivery is carried out by DHL.
(2) If an ordered item cannot be delivered because we are not supplied by our supplier through no fault of our own despite the supplier's contractual obligation, we are entitled to withdraw from the contract. In this case, we shall inform the customer immediately that the ordered goods are not available and shall reimburse any payments already made without delay.
(3) Section 6 (2) shall apply accordingly if the unavailable item is a product for which it was expressly stated in the online shop as part of the product presentation that delivery will only be made while stocks last.
§Section 7 Right of cancellation
(1) Consumers (Section 1 (2)) have a fourteen-day right of cancellation.
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise the right to cancel, you must inform us (Li-iL GmbH Arzneimittel, Arzneibäder, Leipziger Str. 300, 01139 Dresden, phone: 0351/8941210, fax: 0351/89412-26 or e-mail: bestellung@dresdner-essenz.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached model cancellation form, but this is not obligatory. You can also electronically complete and submit the model cancellation form or another clear declaration on our website(www.dresdner-essenz.com/de). If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail).
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel 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 cancel this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You shall only be 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.
(2) The right of cancellation does not apply to the delivery of goods
- which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer,
- which can spoil quickly or whose expiry date would be quickly exceeded,
- which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
§8 Retention of title
The delivered goods remain our property until they have been paid for in full.
§9 Warranty rights
In the event of a material defect in the purchased item, the statutory provisions shall apply in principle. This means that the customer can first and foremost demand subsequent fulfilment, i.e. subsequent delivery or rectification of defects, at his discretion. If the other legal requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract. In addition to the statutory requirements, the requirements set out in § 10 apply to claims for damages due to a defect in the goods.
§10 Liability for damages
The following exclusions and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory requirements for claims:
(1) We shall be liable if we are guilty of intent or gross negligence. We shall only be liable for simple negligence in the event of a breach of an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. Otherwise, liability for compensation for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
(2) Insofar as we are liable for simple negligence in accordance with paragraph 1, our liability shall be limited to the damage that we could typically expect to occur according to the circumstances known at the time the contract was concluded.
(3) The above exclusions and limitations of liability shall not apply if we have assumed a guarantee for the quality of the goods, nor for damages that are to be compensated under the Product Liability Act, nor for damages to life, body or health.
(4) The above exclusions and limitations of liability shall also apply in favour of our employees, vicarious agents and other third parties whose services we use to fulfil the contract.
§11 Returns
In the event of a return, the customer must contact Dresdner Essenz Customer Service in writing or by telephone.
§ 12 Gift vouchers and discount campaigns
Gift vouchers and discount codes cannot be combined with other vouchers or discount codes. A generally valid discount code can be redeemed once per customer, within the promotion period, for the specified minimum order value. The discount code or gift voucher code is entered in the order process under point 3 "Check and order" in the "Further options" field and must be confirmed by clicking on the red arrow. The customer will then see the code in the item listing and can place the order subject to payment. It is not permitted to use the code for an online order in any other way or subsequently.
§Section 13 Data protection
(1) We collect and store the customer's data required for business transactions. When processing the customer's personal data, we comply with the statutory provisions. Further details can be found in the data protection declaration available in our online offer.
(2) The customer may request information about the personal data stored about him at any time.
§14 Applicable law
These terms and conditions and all legal relationships between us and our contractual partners shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the state in which the consumer has his habitual residence remain unaffected.
§15 Final provisions
Should individual provisions of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
§16 Supplier identification, summonable address
Our address for complaints and other declarations of intent as well as our summonable address is: Li-iL GmbH Arzneimittel, Arzneibäder, Leipziger Str. 300, 01139 Dresden (Commercial Register: Dresden District Court HRB 6297). You can reach our customer service for questions, complaints and objections on weekdays from 09:00 to 17:00 on the telephone number 0351/8941210 as well as by e-mail at shop@dresdner-essenz.de or via the contact options on our website.
§Section 17 Online dispute resolution, consumer arbitration
The European Commission provides a platform for online dispute resolution (OS). You can find the platform at http://ec.europa.eu/consumers/odr/. Our email address is: info@li-il.com. We are prepared to settle disputes with consumers before the following consumer arbitration centre, which consumers can contact Zentrum für Schlichtung e.V., Straßburger Str. 8, 77694 Kehl, www.verbraucher-schlichter.de.
Here you can download the General Terms and Conditions / General Terms and Conditions & Customer Information as a PDF file.