Terms & Conditions
In the following, you will find our General Terms and Conditions.
General Terms and Conditions
§ 1 General Provisions
(1) The following General Terms and Conditions apply to all contracts that you conclude with us as a supplier (DocCheck Shop GmbH) via the www.doccheckshop.eu website. The inclusion of your own Terms and Conditions, if any, is generally rejected.
(2) Please note that the offer of our shop is primarily aimed at Professionals (also "Entrepreneurs" or "Business Customers") within the meaning of § 14 Section 2 of the German Civil Code (BGB). A Professional/an Entrepreneur (§ 14 German Civil Code) is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity; this also expressly applies to freelancers such as doctors or pharmacists. A Consumer (Section 13 of the German Civil Code), on the other hand, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (also "Private Customers"). The burden of proof that the legal transaction you have concluded with us is predominantly or exclusively for non-professional or commercial purposes lies with you as the customer.
Our shop offers you the option to choose between the presentation for Business Customers and Private Customers (see footer at the end of the website). Please note the net and gross prices applicable to you (more under § 5.1 section (1)).
(3) Orders in our shop can be placed via your Customer Account or as a Guest. When you open a Customer Account, you also register as a DocCheck User. In addition, registration takes place in order to be able to credit your customer account with remuneration claims that you can acquire as a User within the scope of various DocCheck services. You can find more information about your Customer Account under § 6 Customer Account. The creation of your profile as a DocCheck User is carried out by a company affiliated with us, called DocCheck Community GmbH. Further information about your DocCheck User Profile can be found in the General Terms and Conditions and the Privacy Policy of DocCheck Community GmbH.
§ 2 Conclusion of the Contract, Contractual Goods & Terms and Termination
§ 2.1 General Information on the Conclusion of the Contract
(1) Identity of the retailer:
DocCheck Shop GmbH
Vogelsanger Str. 66
50823 Cologne
Germany
(2) The contract language is German; this translation is provided for comprehension purposes only.
(3) In general, by placing the respective product on our website, we are making you a non-binding offer to conclude a contract under the conditions specified in the product/article description (with the exception of § 2.2). The contract is concluded via the online Shopping Cart System as follows:
The goods and/or services intended for purchase are stored in the "Shopping Cart". You can call up the "Shopping Cart" via the corresponding button and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order summary page. If you use an instant payment system (e.g. PayPal/PayPal Plus, Sofort, credit card) as a payment method, you will either be taken to the order summary page in our online shop or you will first be redirected to the website of the provider of the instant payment system to enter your data. If you select an instant payment system, the contract is concluded as soon as the payment process is completed. You will then be redirected back to our online shop. Before submitting the order, you have the option of checking all details again, changing them or cancelling the purchase. By submitting the order via the "Order with obligation to pay" button, you are making a legally binding offer – unless an instant payment system has been selected.
The offer submitted by you shall only become binding for us (except in the case of instant payment systems) upon our written (delivery) confirmation or upon corresponding delivery.
(4) The concluded contract in writing is not saved by us. Before sending the order via the online Shopping Cart System, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
(5) In the case of requests for offers outside the online Shopping Cart System, you will receive all contractual data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
(6) Due to legal requirements, not all products may be delivered to all countries. If products in your order are subject to these restrictions, we will inform you of the cancellation of these order items as soon as possible after receipt of the order.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 2.2 Special Characteristics of Contracts for Download Products
(1) Special contractual conditions apply to the sale of so-called "download products" (digital content that is not supplied on a physical data carrier).
By placing the respective download product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description. By completing the ordering process described in § 2.1 paragraph (3), you accept the purchase offer formulated by us in a legally binding manner.
(2) There are no shipping costs for goods delivered by download. You can download items in the "My account" area under "instant downloads". The download will be made available within 24 hours of your order (if advance payment has been agreed, after the time of your payment instruction). You will also be informed of the availability by e-mail. Please note any information on the expiry of your right of cancellation in the case of an instant download.
(3) The download products offered are protected by copyright. You will receive a simple user licence for each download product purchased from us, unless otherwise stated in the respective offer. The single user licence includes permission to save and/or print a copy of the download product for your personal use on your computer or other electronic device. You are prohibited from making any further copies. You are expressly prohibited from modifying or editing a file or parts thereof and making it available to third parties in any way, either privately or commercially.
§ 2.3 Special Characteristics of Service Contracts
(1) Insofar as services are the subject of the contract concluded with you, the specific scope of services results from the respective service description. We provide services to the best of our knowledge and belief, either personally or through third parties.
(2) Information on the contract term and any cancellation options can be found in the product information.
§ 2.4 Special Characteristics of Subscription Contracts
The subscription contract concluded between you and us has an indefinite term. The contract can be cancelled by either party with a notice period of 3 weeks to the end of the month (unless otherwise stipulated in the respective offer). The cancellation must be made in text form. The right to terminate without notice for good cause remains unaffected by this.
§ 3 Customised Products
(1) Some products in our shop can be customised. You shall provide us with the appropriate information, texts or files required for the customisation of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be met.
(2) By providing the files or information mentioned under (1), you assure us that you will not transmit any data whose content violates existing third-party rights (in particular copyrights, naming rights, trademark rights) or which contains racist, pornographic, right-wing extremist, defamatory or prohibited statements or representations or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also applies to the costs of any legal representation required in this context.
If you are unsure whether the files you have provided are protected by trademark law, you can find out more about trademarks and their scope of protection (among other things) here:
(3) We do not check the transmitted data for correctness of content or spelling and in this respect accept no liability for any errors.
(4) If the content uploaded by you for customisation violates paragraph (2) of this section, we reserve the right to reject your order.
§ 4 Delivery Terms
(1) The expected delivery date and any existing delivery restrictions can be found in the respective product information on our website or in the respective offer. Please note that the actuality of the availability of goods and deliverability of articles can change at short notice due to simultaneous purchasing processes in the shop – we always endeavour to keep the presentation as up-to-date as possible. If the delivery is subject to special conditions (e.g. delivery by a shipping company), we will indicate these separately. The shipping partner cannot be picked individually.
(2) Please note that we do not split orders in our shop into several shipments, or only in exceptional cases. Products with longer delivery times may have an impact on the delivery times of your other ordered products.
(3) If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a shipping company not named by the entrepreneur or another person designated to carry out the shipment.
§ 5 Prices & Payment Terms
§ 5.1 Prices
(1) Depending on the form of presentation (see § 1 section 2), the prices shown for our products are gross or net prices. All prices do not include shipping costs.
(2) The shipping costs incurred are not included in the purchase price and vary depending on the destination and value of the goods. They can be called up via a corresponding button on our website or in the respective offer, are shown separately during the ordering process and are to be paid by you in addition, unless free delivery has been promised.
(3) If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be carried by you.
(4) Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall be covered by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
(5) Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
§ 5.2 Payment Terms and Special Agreements on Payment Methods
You can currently pay for your order on invoice, by SEPA direct debit, by instant bank transfer, by prepayment, by prescription, via your existing credit balance in your customer account (see § 6), by credit card or via PayPal.
(1) Credit Rating Check
If we make upfront deliveries, e.g. when paying by invoice or direct debit, your data will be passed on to creditPass GmbH, Mehlbeerenstr. 4, 82024 Taufkirchen, Germany, for the purpose of a credit check based on mathematical-statistical procedures in order to safeguard our legitimate interests. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.
(2) SEPA Direct Debit (Basic and/or Company Direct Debit)
When paying by SEPA Direct Debit or SEPA Business-to-Business Direct Debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. The direct debit will be collected within 10-15 days, in the case of foreign deliveries within 10-15 days after conclusion of the contract.
The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in your account on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.
§ 6 Customer Account
(1) When you register as a DocCheck User, a DocCheck Customer Account is automatically set up for you as a User. It is used to record and document the compensation claims of you as a user, which you can acquire as part of various DocCheck services of DocCheck Community GmbH. Find more information about the DocCheck Community services.
(2) During the payment process in the DocCheck Shop, you have the option of paying for your purchase with your DocCheck Customer Account credit; this only applies to purchases in euros (€). This option will be displayed automatically if your credit balance is at least €5. Any remaining credit will remain in your account. Find more information on how you can actively earn money with DocCheck and activate your Customer Account.
(3) The DocCheck Customer Account is not a bank account. Transfers and other payment transactions to third parties cannot be made with the customer account. Claims for remuneration that the user acquires against DocCheck are non-interest bearing. Information on how you can withdraw money earned on DocCheck can be found in the "Customer Account" section of DocCheck's General Terms and Conditions.
(4) As a user, you can only cancel your DocCheck Customer Account in connection with your DocCheck registration. However, you can delete your bank details at any time. If at the time of cancellation of the DocCheck registration there are still outstanding claims for remuneration, these will be transferred to you as a user if they exceed the amount of ten euros. For amounts up to ten euros, by cancelling your DocCheck registration you as the user implicitly declare that the remaining credit balance will be waived. DocCheck hereby accepts the cancellation.
(5) If it is not possible to pay out the credit balance on the DocCheck Customer Account due to missing or incorrect bank details, the credit balance expires in accordance with the statutory provisions.
§ 7 Promotion-based Cashback
(1) We partially grant registered customers of the DocCheck Shop/users of DocCheck proportional amounts on purchases in the DocCheck Shop on a campaign basis and for a limited period of time as so-called "cashback"; the order transactions mentioned in section (2) of this paragraph are excluded from cashback. What cashback is granted on can be found in the respective promotion conditions; in any case, cashback is only granted on gross amounts, less shipping costs. The cashback amount will be automatically credited to your customer account after the purchase has been made. To generate cashback, you must log in before completing your purchase.
(2) Cashback can only be granted on purchases made in euros (€). If the order is linked to the redemption of a prescription/the payment method "prescription" is selected, no cashback can be granted due to the legal requirements; this applies to the entire purchase. Cashback is also not granted on the purchase of price-bound items (e.g. books) or the purchase of vouchers.
(3) The requirement for activating the credited cashback amount in your Customer Account is that the purchase you have made has been paid for and the goods have not been returned or cancelled by you as the customer. Your cashback amount will be activated after 21 days at the earliest.
(4) The cashback amounts credited to you can be offset against your future purchases once they have been activated. Alternatively, you can also have the cashback amounts credited to you paid out to the bank account you have provided. You can find more information on payouts in DocCheck's Terms and Conditions in the "Customer Account" section.
§ 8 Right of Retention, Reservation of Ownership Title
(1) The goods ordered by you remain our property even after delivery until the purchase price has been paid in full.
(2) If you are an entrepreneur, the following also applies:
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 9 Warranty Rights & Manufacturer's Guarantee
§ 9.1 General Notes on Warranty Rights
(1) In the event of delivery of an incorrect, damaged or defective item, you are entitled to the statutory warranty rights. If you wish to assert warranty rights, please use our contact form before returning the goods and inform us of the extent to which the goods delivered to you are incorrect, damaged or defective.
The goods complained about must be kept available for inspection by us and must be stored and handled appropriately for the duration of the inspection.
Please return the defective or faulty goods to us at the following address after being requested to do so by our Customer Support:
DocCheck Shop GmbH
Dieselstr. 6
50354 Hürth
Germany
(2) Defects within the meaning of § 434 BGB may result from a deviation from the "agreed quality" of an item. Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we provide warranty at our discretion by repair or replacement. If the elimination of defects fails, you can demand a reduction in price or withdraw from the contract at your discretion. The elimination of defects is deemed to have failed after an unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of a repair, we do not have to bear the increased costs incurred by the transfer of the goods to a location other than the place of fulfilment, provided that the transfer does not correspond to the intended use of the goods.
(4) If a repair is carried out, this may take a few days depending on the repair work involved. If necessary, the product you have complained about must also be sent to the respective manufacturer for inspection; this may affect the deadlines for eliminating defects. Please also note our information in this regard under § 10 section 2. No refund of the purchase price will be made until the final examination of the claimed product defect by us or the manufacturer of the product. DocCheck will not provide a replacement during the inspection period.
(5) In the event of a refund of the purchase price paid, we will use the same means of payment that you used for the original transaction. We may also refuse to refund you for goods that can be sent by package until we have received these goods back or until you have provided proof that you have sent these goods back.
§ 9.2 Additional Information for Entrepreneurs/Professionals
(1) The warranty period for products supplied by us to entrepreneurs is twelve months.
(2) If the contract is a commercial transaction for both parties due to your entrepreneurial status, recognisable defects must be reported by you immediately after receipt of the goods in accordance with § 377 HGB, but within 7 days at the latest. Packaging must be checked for correctness immediately after delivery of the goods; if you discover any damage, you must notify us and/or the carrier immediately after delivery of the goods. The goods complained about by you must be kept available for inspection by us and must be stored in a manner appropriate to the product and handled appropriately.
§ 9.3 Additional Information for Consumers/Private Customers
(1) As a consumer, you are under no obligation to report defects immediately – however, we ask you to check the goods you have ordered immediately upon delivery for correctness, completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. For the sake of completeness, we would like to point out that you are obliged to return items to us that were sent to you in excess or by mistake. If you use the items sent to you by us in error or if you do not return them to us knowing that they are not goods or items ordered by you, we are entitled to charge you for the items sent to you in error.
(2) According to § 438 Section 1 No. 3 and Section 2 BGB, the buyer's claims due to defects in the purchased item generally expire after two years, whereby the period begins with the delivery of the item. As a consumer, you can invoke the reversal of the burden of proof resulting from § 477 BGB within one year of the transfer of risk (upon delivery of the goods).
§ 9.4 Information on the Manufacturer's Warranty
Some manufacturers of our products grant you a voluntary manufacturer's warranty. A "guarantee" is a voluntary promise of durability or functionality given by the manufacturer that typically goes beyond the statutory warranty. Details of the scope of such guarantees can be found in the guarantee conditions, which may be enclosed with the goods or referred to in the product description. If the manufacturer grants a warranty, you can also assert warranty claims against the manufacturer in addition to your warranty claims and send the defective product directly to the manufacturer. This can significantly shorten the processing time. In individual cases, we will support you as a customer in asserting warranty claims or any returns; please contact us via our contact form if you have any questions about a warranty claim. If there is no warranty case, we offer repairs in individual cases for a corresponding fee; the scope and costs of the repair services are shown in a separate offer.
§ 9.5 Notes on Return Shipping
(1) Please use the return label included in your delivery to return your goods. For the return of your parcel-capable goods, we ask you to choose the appropriate parcels with sufficient protection through filling material. We would also kindly ask you to return the goods in their original packaging.
(2) If the goods cannot be sent by parcel post, please contact us so that we can arrange a collection. Please note that you may incur costs for such a return in individual cases.
§ 10 Liability
(1) Liability is only assumed for intent and gross negligence. In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
(2) Liability for indirect and unforeseeable damage caused by slight negligence, loss of production and use, loss of profit, loss of savings and financial loss due to third-party claims is excluded – except in the case of injury to life, limb or health.
(3) Any further liability beyond that provided for in this contract is excluded, regardless of the legal nature of the claim asserted. The above limitations or exclusions of liability shall not apply to strict liability prescribed by law (e.g. under the German Product Liability Act, dt. "Produkthaftungsgesetz").
(4) Insofar as liability is excluded or limited in accordance with § 10 of these General Terms and Conditions, this shall also apply to the personal liability of our employees, workers, representatives, organs and vicarious agents.
§ 11 Choice of Law, Place of Fulfilment, Place of Jurisdiction, Alternative Dispute Resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of fulfilment for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(4) Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr.
We are not prepared to participate in dispute resolution proceedings before consumer arbitration boards.
Last update: 04/2024