Terms and conditions
General Terms and ConditionsVersion A-11-02-2020
Only the english version shall apply in a dispute.
1.1 These general terms and conditions (GTC) of asia-med GmbH (hereinafter "seller") apply for all contracts concerning the delivery of goods that an entrepreneur (hereinafter "customer") concludes with the seller with regard to the goods offered by the seller in their online shop. The offered products are only aimed at entrepreneurs in accordance with Section 14 of the German Civil Code (BGB) that are members of specialist groups in line with the German Drug Advertisement Law (HWG). The inclusion of the customer's own conditions is herewith rejected, unless other terms are agreed upon.
1.2 Entrepreneurs in the sense of these GTC are any natural or legal entity or a partnership with legal capacity that concludes a legal transaction in the execution of their commercial or independent professional activity.
2.1 The product descriptions in the seller's online shop do not represent binding offers by the seller, but serve only for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the online shop of the seller. In doing so, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button to conclude the order process, after placing the selected goods in the virtual shopping card and going through the electronic ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email, post, or via the online contact form.
2.3 The seller can accept the offer made by the customer within five days
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after he or she has submitted the order.
If several of the aforementioned alternatives are available, 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 following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his or her declaration of intent.
2.5 When placing an offer via the online order form of the seller, the contract text is stored by the seller and sent to the customer after he or she has submitted his or her order together with the existing GTC in text form (such as email, fax or letter). In addition, the contract text is archived on the seller's website and can be retrieved free of charge by the customer via his or her password-protected customer account, by entering the respective login information, provided that the customer has created a customer account in the seller's online shop before submitting his or her order.
2.6 Before the binding placement of the order via the online order form of the seller, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the zoom function of the browser, with which the display on the screen is enlarged. The customer can correct his or her inputs using normal keyboard and mouse functions during the electronic ordering process until he or she clicks on the button that concludes the order process.
2.7 German and English languages are available for the conclusion of the contract.
2.8 Order processing and contact are generally done via email and automated order processing. The customer must ensure that his or her email address specified for order processing is correct, so that the emails sent by the seller can be received at this address. In particular, the customer must make sure when using spam filters that all emails sent by the seller or by third parties charged by the seller with the processing of the order can be delivered.
3.1 Customers are entitled to the right of withdrawal. E-learning products are excluded from the right of withdrawal.
3.2 Further information on the right of cancellation can be found in the cancellation policy of the seller (see Right of withdrawal).
4.1 Unless the seller's product description indicates otherwise, the prices quoted are total prices that include the statutory value-added tax. If applicable, additional delivery and shipping costs will be specified separately in the respective product description.
4.2 In the case of deliveries to countries outside of the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and that must be borne by the customer (see Payment and delivery). These include, for example, costs for the transfer of funds by banks (such as transfer fees and currency conversion fees) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds when the customer makes the payment from a country outside of the European Union, even if the delivery is not made to a country outside of the European Union.
4.3 The payment option(s) will be communicated to the customer in the online shop of the seller.
4.4 If advance payment by bank transfer is agreed upon, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If "purchase on invoice" is chosen as the payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 10 (ten) days of receipt of the invoice without deductions, unless otherwise agreed. The seller reserves the right to offer the purchase on account payment method only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. In this case, the seller will inform the customer in their payment information in the online shop of a corresponding payment restriction. The seller further reserves the right to carry out a credit check when the purchase on account payment method is selected and to reject this method of payment if the credit check is negative.
5.1 The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order process of the seller is decisive.
5.2 If the shipping company sends the goods back to the seller because a delivery to the customer was not possible, the customer bears the cost of the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances leading to the impossibility of the delivery, or if he or she was temporarily prevented from accepting the offered service, unless the seller informed him or her of the service a reasonable time in advance. Furthermore, this shall not apply to the cost of the consignment if the customer exercises his or her right to cancellation effectively. For the return costs, the provision in the cancellation policy of the seller concerning a customer's right of cancellation shall apply in the case of effective exercising of the right of cancellation by the customer.
5.3 Collection by the customer is not possible for logistical reasons.
If the seller pays in advance, they reserve the right to ownership of the delivered goods until full payment of the purchase price owed.
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to file a complaint regarding delivered goods with obvious transport-related damage with the delivery agent and to inform the seller thereof. If the customer does not comply with this procedure, this shall have no effect on his or her legal or contractual claims for defects.
8.1 Vouchers issued by the seller free of charge as part of promotional offers with a specific period of validity and that cannot be purchased by the customer (hereinafter "campaign vouchers"), can only be redeemed in the seller's online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher offer, provided that a corresponding restriction is specified in the content of the campaign voucher.
8.3 Campaign vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 Only one campaign voucher can be redeemed during an order.
8.5 The value of goods must at least be equal to the amount of the campaign voucher. Any remaining balance will not be refunded by the seller.
8.6 If the value of the campaign voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller can be selected to settle the difference.
8.7 The balance of a campaign voucher is neither paid in cash nor interest.
8.8 The campaign voucher will not be refunded if the customer returns all or part of the goods paid for with the campaign voucher as part of his or her legal right to cancellation.
8.9 The campaign voucher is only intended for use by the person named on the voucher. Transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.
For all legal relationships between the parties, the laws of the Federal Republic of Germany shall apply, excluding the laws regarding the international purchase of movable goods.
If the customer acts as a merchant, legal entity under public law, or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside of the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to file their claim with the court in the customer's place of business.
11.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr/
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.