General terms and conditions of the labaxetta online shop

1.1. For the business relationship between labaxetta AG, Gotthelfstrasse 22a 5000 Aarau, Switzerland, (hereinafter “labaxetta”, “supplier”, “we” or “us”) and the customer arising in conjunction with the labaxetta online shop at the URL www.labaxetta.com (hereinafter “online shop”), the following general terms and conditions (T&Cs) apply in the version valid at the time of the respective order. Delivery is only possible to the following countries: Germany, Austria, Belgium, Netherlands, France, Denmark, Spain, Luxembourg, Italy, United Kingdom, Sweden, Portugal, Switzerland, USA, Canada, Norway.

1.2. Deviating or supplementary conditions of the customer are not recognised unless we give our express written consent confirming their validity. Individual agreements made on a case-by-case basis always have precedence.

1.3.  The online shop is not intended for minors or commercial buyers.

2.1. The representation of the product range in the online shop does not constitute a legally binding offer, it is an invitation to customers to submit their own offer for the conclusion of a purchase contract.

2.2.  Orders are made by placing selected products in the labaxetta shopping basket and sending the order by clicking the “BUY NOW” button. By sending the order, you are making a binding offer for the conclusion of the purchase contract with regard to the products in your shopping basket. Before sending the order form, you have the chance to check your selection and the information you entered and correct any mistakes.

2.3.  You will then receive a confirmation e-mail confirming your order has been received (“confirmation of receipt”). This confirmation of receipt is merely a record of the fact that we have received your order and does not yet constitute an acceptance of your offer of contract.

2.4.  The contract only comes into effect if, within five days of the order being placed, we send you either a separate declaration of acceptance via e-mail (“purchase confirmation”) or a delivery confirmation for the items you ordered.

3.1. All prices in our online shop are given in euros and include applicable statutory VAT. The prices specified at the time of order are binding when determining the prices of the products.

3.2.  Any delivery costs to be borne by you are specified in the labaxetta shopping basket before sending your order. General information on delivery costs can be found here.

3.3. Payments for orders in the online shop can only be made via Amazon Pay, Apple Pay, Google Pay, PayPal, credit card (Visa Venmo, Mastercard, American Express) and Klarna. To process the payment, we commission the BAX Group AG [Gotthelfstrasse 22a, 5000 Aarau, Switzerland] and Adyen N.V., Simon Carmiggeltstraat 6–50, 1011 DJ, Amsterdam, Netherlands, as service providers.

3.4.  The payment of the purchase price is due immediately after conclusion of the contract. In the case of credit card payments, we collect the payment amount from the credit card when the items are dispatched.

3.5.  We reserve the ownership of the delivered items until full payment has been made.

4.1.  Unless otherwise agreed, the items are delivered to the address specified in the order process via the delivery method you selected.

4.2.  Delivery is made via FedEx. Unless otherwise specified, items should arrive with the customer max. 2–5 days after order placement for deliveries within Germany.

Below – in Item 5.1 – you will find information on statutory consumer cancellation rights. Please also note the provision in item 5.2.

5.1.  Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without specifying a reason. The cancellation period is fourteen days from the day that you or a third party appointed by you that is not the carrier took possession of the last item. In order to exercise your right of cancellation, you must notify us, labaxetta AG Gotthelfstrasse 22a 5000 Aarau, Switzerland (please also include all contact details including phone number, fax number and e-mail address), of your decision to cancel this contract in the form of a clear declaration (e.g. via post, telefax or e-mail). To do so, you can use the attached cancellation form template, though this is not a requirement. You can complete the cancellation form template or other clear declaration and send it to us. The cancellation period is deemed to have been observed if the notification of cancellation is sent before expiry of the cancellation period.

Consequences of cancellation

If you cancel the contract, we must refund all payments that we have received from you, including delivery costs (excluding additional costs arising from the selection of a delivery method other than the cheapest standard delivery method offered by us), immediately or at the latest within fourteen days of the day that we received your notification of cancellation. For this refund, we will use the same payment method used by you for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged fees on account of this refund. We can withhold the refund until we have received the items or until you have provided proof that you have returned the items, depending on which happens first. You must return or hand over the items to us, labaxetta AG Gotthelfstrasse 22a 5000 Aarau, Switzerland, immediately or at the latest within fourteen days of the day you notified us of the cancellation. This deadline is deemed to be met if you dispatch the items before expiry of the deadline.

We will cover the costs of returning the items.

You must only pay for any loss of value of the items if this loss of value is traced back to you using the items in a way that is not necessary for the inspection of the condition, properties and functioning of the items.

5.2.  Exclusion of cancellation rights

You do not have a right of cancellation for the delivery of items which were custom built according to customer specifications or are clearly tailored to your personal requirements or are of a nature unsuitable for return delivery.

5.3.  Cancellation form template

(If you wish to cancel the contract, please fill out this form and send it back to us)

To AG Gotthelfstrasse 22a 5000 Aarau, Switzerland (please include all contact details including phone number, fax number,

service@labaxetta.com).

I/we (*) hereby cancel the contract concluded by me/us (*) with regard to the purchase of the following items (*)/

— Ordered on (*)/received on (*)

— Name of the customer(s)

— Address of the customer(s)

— Date

(*) Delete as appropriate

End of cancellation policy

6.1.  We are liable for defects in accordance with the applicable statutory regulations.

6.2.  A warranty for the items delivered by us only exists if this was expressly issued, e.g. in the purchase confirmation of the respective items.

7.1.  In the case of malicious intent or gross negligence, we are liable for damages without limitation – regardless of the legal basis and including liability for legal representatives or vicarious agents. We are also liable without limitation for damages resulting from injury to like, body or health.

7.2.  Furthermore, we are liable for damages from slight negligence resulting from the violation of an essential contractual obligation (an obligation whose fulfilment is required for the performance of the contract and on which the contractual partner can reasonably expect to be able to rely); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage.

Our liability is excluded in all other cases.

7.3.  The liability limitations arising from the above provisions do not apply if we have fraudulently concealed a defect or have issued a warranty for the quality of the items. The same applies for your claims in accordance with the Product Liability Act (ProdHaftG).

7.4.  Insofar as our liability is excluded or limited, this also applies for the personal liability of employees, representatives a and vicarious agents.

We respect your privacy. You can find our privacy policy here.

The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/. The supplier is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body.

10.1.  If individual provisions of these T&Cs are or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions applicable in each case shall apply in place of the invalid provisions. This applies mutatis mutandis for closing any loopholes in these T&Cs.

10.2.  All contracts with us are exclusively subject to the laws of the Federal Republic of Germany, without giving effect to German conflict-of-law rules as well as all international and supranational legal systems, in particular the United Nations Convention on Contracts for the International Sale of Goods. If as a consumer the orderer is ordinarily resident in another country within the European Union at the time the respective contract was concluded, the applicability of mandatory legal requirements of that country remains unaffected by the choice of law in Sentence 1. The courts of jurisdiction for disputes arising from or in conjunction with these conditions are the courts of Munich, if the customer is a merchant.

10.3.  The contract is concluded in the German language, regardless of whether these T&Cs are also issued in other languages alongside the German language, in particular English. These T&Cs and the contract text are not stored separately on conclusion of the contract.