General Terms and Conditions (GTC)

Status April 2024

General Terms and Conditions (GTC) of Rosen-Apotheke OG, Längdorfer Straße 2, A-9184 St. Jakob im Rosental for purchase contracts concluded between it and the customer via the webshop www.onlineapo.at

§ 1 Scope of application

Subject to individual arrangements and agreements, which take precedence over these GTC, the following GTC shall apply exclusively to the business relationship between us and our customers within the framework of ONLINEAPO.at in the version valid at the time of the order. Conflicting terms and conditions of the customer shall not apply unless we expressly agree to their validity in writing in advance.

Due to legal regulations on the mail order business with prescription and prescription-only medicines, we do not accept orders for prescription and prescription-only medicines without exception. Orders for medicinal products are only permitted within the scope of normal personal requirements.

The customer must be at least 18 years of age and have full legal capacity. By submitting the purchase offer, the customer confirms the accuracy of his details, in particular his name, age, legal capacity and address.

YOUR CONTRACTUAL PARTNER:

The purchase contract is concluded with:

Rosen-Apotheke OG
Längdorfer Street 2
9184 St. Jakob im Rosental
Austria
Phone: +43 4253 / 8278
Fax: +43 4253 / 8278 - 20
E-mail: info@onlineapo.at

UID number: ATU78555216
Legal form: Open company
Company register number: FN 589754 k
Commercial register court: Klagenfurt regional court
Management: Mag. pharm. Ingeborg Sabernik
Object of the company: Pharmacy
Competent supervisory authority: Federal Ministry for Safety in Health Care
Chamber affiliation: Austrian Chamber of Pharmacists
Applicable professional regulations: Pharmacy Act, Pharmacy Operating Regulations, Professional Code of Conduct, Medicinal Products Act.

Available at www.apotheker.or.at and at www.ris.bka.gv.at

Responsible pharmacist Rosen-Apotheke OG: Mag. pharm. Ingeborg Sabernik

Under the following link you will find our imprint

§ 2 Right of cancellation

In principle, you have the right to cancel a distance selling contract within fourteen days without giving reasons.

However, in certain cases described in more detail below, you as the customer have no right of cancellation.

The right of cancellation does not apply to the following goods:

• Goods that have been specially manufactured according to customer specifications or that have been customised to the customer's personal requirements or have been specially ordered for the customer (delivery time min. 7 - 14 working days).
• Goods that can spoil quickly or whose expiry date would be quickly exceeded.
• Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
• Goods which, due to their nature, have been inseparably mixed with other goods after delivery; alcoholic beverages whose price was agreed upon conclusion of the contract but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence.
  
• Medicinal products sold by distance selling (labelled "pharmacy-only").

Medicinal products are excluded from the right of cancellation due to their nature and the associated storage regulations, as spoilage of the medicinal product due to improper handling or storage cannot be ruled out. In accordance with Section 3 (4) (8) of the Distance Selling Ordinance (Ordinance of the Federal Minister of Health on the Dispensing of Speciality Medicinal Products for Human Use by Distance Selling), the pharmacy manager must ensure in particular that medicinal products that have been returned to the pharmacy are not placed back on the market when medicinal products are dispensed by distance selling.

The right of cancellation remains unaffected for all other goods and articles from our range. If you wish to exercise your right of cancellation, please note the following conditions.

Provisions on the right of cancellation:

• 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 goods.
• This right of withdrawal only applies if the delivered goods have not been opened and neither soiling nor wilful damage to the goods by the customer has taken place.
• The customer must bear the full cost of returning the goods.

If there are any uncertainties regarding your right of cancellation, you are welcome to contactusat any time.

To exercise your right of cancellation (right of withdrawal), you must contact us at

Rosen-Apotheke OG
Längdorfer Street 2
9184 St. Jakob im Rosental
Austria
Phone: +43 4253 / 8278
Fax: +43 4253 / 8278 - 20
E-mail: rosenapotheke@aon.at/info@onlineapo.at (subject "Right of cancellation")

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation

In the event of cancellation, the purchase price including shipping costs (with the exception of additional costs resulting from the fact that you have chosen a shipping method other than the cheapest standard shipping offered by us) will be refunded concurrently with the return of the goods received from the customer. The refund will be made immediately and no later than fourteen working days from the day on which we receive notification of your cancellation of this contract. For the refund of the purchase price including the shipping costs, we will use the same means of payment that you used for the original conclusion of the contract, unless a different method of repayment has been expressly agreed with you. We will refuse to refund the purchase price until we have received the goods back or you have provided us with proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen working days at the latest from the day on which you notify us of the cancellation of this contract. The deadline remains valid if you dispatch the goods before the expiry of the fourteen-day period. The cost of returning the goods to us shall be borne by the customer. The goods should be returned in unused and resalable condition and in their original packaging. We will charge a reasonable fee for the reduction in value for items that are impaired by signs of use, provided that these have not been caused by normal intended use. The same applies if accessories or parts are missing when the goods are returned.

If you wish to withdraw from the contract, please print out this sample return form and enclose it in the parcel with the goods to be returned. You will find more details on the return form itself.

Sample return form

§ 3 Conclusion of the purchase contract

The webshop - www.onlineapo.at does not constitute a legally binding offer, but merely provides a non-binding overview and information about our products and offers customers an invitation to make an offer. A contract is only concluded after acceptance on our part, at the latest when the goods are dispatched. An order is only possible if all mandatory fields marked with * in the order form are completed. If information is missing or if we are unable to fulfil the order for other reasons, the customer will receive an error message. Before the final submission of the order, the customer is given the opportunity to correct his order. The customer receives supporting detailed information directly during the ordering process.

As soon as the order process has been completed and received by us, the customer is notified by means of an e-mail "We have received your order", which contains an order overview. This does not constitute our acceptance of the customer's offer.

The customer remains bound to his order for seven days from receipt of the order. The statutory right of cancellation remains unaffected. The contract is only concluded when Rosen-Apotheke sends the customer notification that the ordered goods are on their way to the customer.

The contract language is German.

Our offer is aimed at customers residing in the European Union (Austria, Germany, Belgium, Italy, Croatia, Luxembourg, Netherlands, Slovakia, Slovenia, Czech Republic, Hungary, Denmark, Finland, France, Poland, Sweden, Bulgaria, Estonia, Greece, Ireland, Latvia, Lithuania, Malta, Portugal, Romania, Cyprus, Spain), Norway and Switzerland.

The customer will be informed immediately if goods are unavailable. In this case, the consideration will be refunded immediately. Rosen-Apotheke is authorised to reject offers without giving reasons. Rosen-Apotheke reserves the right to refuse or reduce the quantity ordered for compelling reasons of drug safety; in this case, the remuneration to be paid shall be reduced accordingly. In particular, we shall reject an offer if a consultation required for pharmaceutical reasons is not possible for any reason whatsoever, in particular as a result of refusal or other hindrance by the customer, or if there is a suspicion of misuse of the medicinal product.

Orders from commercial customers are generally not accepted. The products are only sold in normal household quantities (maximum of 3 unit packs for medicines).

The pharmacy only stocks medicines that are authorised and registered in Europe in accordance with the provisions of the German Medicines Act.

§ 4 Terms of payment

• The amount to be paid is due at the latest upon collection/handover of the ordered goods. The purchase price is calculated from the gross prices stated (including the applicable statutory VAT), whereby packaging material is included in the price stated. Rosen-Apotheke only accepts the terms of payment offered by it in the context of the order. Our sales prices do not include the costs of delivery (shipping), which can be viewed under § 8 Goods & shipping prices, payment methods, payment conditions and retention of title.
• Partial deliveries shall be invoiced separately by us and the aforementioned payment conditions shall apply. If delivery is delayed at the customer's request or through the customer's fault, the invoice shall be issued and become due when the Rosen-Apotheke is ready to deliver.

§ 5 Right of retention, offsetting, default of acceptance:

• The customer may only exercise a right of retention against claims based on the same contractual relationship. In the case of an ongoing business relationship, each individual order shall be deemed a separate contractual relationship.
• Only claims recognised by Rosen-Apotheke or legally established claims as well as claims that are legally related to the customer's liability shall entitle the customer to offset.

If you do not collect the goods dispatched by us and deposited at a post office or a post box in due time and these are subsequently returned to us, the costs of returning the goods to us shall be borne by you and will be invoiced or charged to you accordingly. The same applies if you refuse to accept delivery and if you make delivery to you impossible by providing an incorrect delivery address and the goods are returned to us for this reason.

• If the customer is in default of acceptance (non-collection, refusal to accept delivery, incorrect address given), we are entitled to store the goods at our premises, for which we will charge a storage fee of € 5 per calendar day or part thereof. At the same time, we remain entitled to insist on fulfilment of the contract. In this case, we will reship the goods as soon as the customer has paid our additional expenses (costs of reshipment, storage costs). However, we are also entitled to withdraw from the contract after setting a reasonable grace period and to utilise the goods elsewhere. In the event of our cancellation of the contract, any purchase price already transferred shall be refunded less the costs incurred by us.

§ 6 Warranty

We accept and consider complaints about delivered goods only within fourteen working days of receipt of the goods by the customer. Complaints must be made in writing (e-mail, letter or fax). Damage that has occurred during transport must be recorded immediately in a suitable form for any claims for compensation. In this case, the customer shall receive a credit note in the amount of the invoice paid. For this purpose, the invoice must be submitted by e-mail, letter or fax.

• The warranty shall be governed by the statutory provisions. In the event of a justified complaint, the customer shall initially have the right to rectification, and if necessary, the right to replacement of the goods.
• The customer is obliged to send the rejected goods to Rosen-Apotheke at his own expense. In the event of a justified complaint, the customer shall be reimbursed for these shipping costs.
• In any case, in the event of a complaint, the customer must prove the date of purchase with the invoice belonging to the goods complained about, a copy of which must be sent with the goods complained about.
• The customer does not receive any guarantees in the legal sense from Rosen-Apotheke. Manufacturer guarantees remain unaffected by this.

Complaints based on statutory warranty claims can be made to the following address:

Rosen-Apotheke OG
Längdorfer Street 2
9184 St. Jakob im Rosental
Austria
Telephone: +43 4253 / 8278
E-mail: info@onlineapo.at(subject"Warranty")

§ 7 Liability information

• The details and information contained on the Rosen-Apotheke website are for the customer's general information only and may differ from the details in the instructions for use. The same applies to all verbal and written information provided by Rosen-Apotheke about possible applications, warnings, interactions and the effectiveness of the goods offered. This data and information is in no way a substitute for information obtained from the instructions for use or a doctor or a personal consultation with Rosen-Apotheke. No guarantee is given for correctness, completeness and topicality and liability for damages of any kind arising directly or indirectly from the use of the applications/products presented is excluded.
• Rosen-Apotheke is not liable for the content of any websites referred to by hyperlink.
• The content and structure of the website and webshop www.onlineapo.at are protected by copyright. The reproduction of information or data, in particular the use of texts, parts of texts or images, requires the prior consent of the Rosen-Apotheke licence holder.
• Rosen-Apotheke shall only be liable for property damage and financial loss in the event of wilful intent and gross negligence.

§ 8 Prices of goods & dispatch, payment methods, terms of payment, retention of title, service and maintenance work

All offers and information on offers are subject to change and non-binding. The prices quoted are gross prices in euros and include all statutory charges (e.g. VAT). In particular, they do not include all costs incurred in the course of shipping and possible import costs (e.g. customs duties). Information on the prices of medicines takes into account the statutory provisions (Price Act, Austrian Pharmacy Tax). The list prices of the day on which the order is received by Rosen-Apotheke apply. The prices are daily prices and are valid from midnight to midnight. If you pre-order medicines or products for collection from Rosen-Apotheke and have a valid prescription from a health insurance fund or a prescription authorised by a doctor, the prices are for information purposes only. You will of course only pay the current prescription charges.

1. payment

Payment is made via the following payment options, which are specified in the pharmacy's webshop.
Payment of the purchase price must be made during the ordering process. An order confirmation will only be issued after the purchase price has been paid.

Payment methods:

in the case of dispatch:

• cash in advance
• credit card
• PayPal
• Pay Now, Pay in 3, Pay Later and Financing from Klarna AG
• Purchase on account (only applies to first aid co-operation companies)

InvoiceThe payment period is fourteen days from dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. If no other method of payment has been agreed, the customer undertakes to pay the purchase price in full upon receipt of the goods to the account specified by us. Unless otherwise agreed, the customer is not entitled to any deductions from the purchase price.

Bank details:

- Recipient: Rosen-Apotheke OG - Onlineapo.at

- IBAN: AT44 3948 7000 0003 0338

- BIC: RZKTAT2K487

- Reference number: [order number]

Credit card, PayPal, SofortüberweisungThe debit of your account takes place immediately after placing the order, by credit card (Visa/ Mastercard), instant bank transfer or the other payment options offered to the bank account specified by us.

2. double payments outside the euro currency area

In the case of orders that have been paid for twice by mistake and were not made within the euro currency area (Switzerland, Norway, Bulgaria, Czech Republic, Hungary, Poland, Romania, Sweden), the costs incurred for the return transfer will be charged. The charges will be automatically deducted from the amount to be refunded.

3. shipping costs & delivery

The respective standard shipping costs are added to the value of an order. Deliverable items are usually delivered within 1-7 working days. If delivery is delayed by more than fourteen working days, cancellation is possible at any time free of charge without giving reasons.

The shipping costs are based on the delivery and shipping conditions published on our website: https: //www.onlineapo.at/Footernavigation/Informationen/Liefer-und-Versandkosten/

If a customer's order initially appears to be free of shipping costs due to the value of the goods, but one item in the order is not available and the value of the goods therefore falls below the minimum order amount for free shipping, we must charge the applicable flat-rate shipping fee for the reduced order if the customer wishes to purchase the other items from their order.

For orders of extraordinary goods (e.g. first aid kits/first aid kits), higher weight-based shipping costs may apply.

Self collection

You can also specify/select the option "self-collection" when placing your order.
You must then collect the order from the following address:

Rosen-Apotheke OG
Längdorfer Street 2
9184 St. Jakob im Rosental
Austria

You can find the opening hours under the following link: www.onlineapo.at

You will also be informed when the goods are available. Please present a printed copy of the order confirmation when collecting the goods.

Free delivery for first aid co-operation companies

Within a radius of 15km of the Rosen-Apotheke location and Villach-Stadt or Klagenfurt-Stadt on request.

Dispatch

The customer expressly authorises the usual modes of dispatch for the ordered goods, e.g. post, rail, air, ship, private courier and delivery companies such as DHL, etc., upon dispatch.

Terms of payment and retention of title

The goods ordered by the customer remain the property of Rosen-Apotheke OG, Längdorfer Straße 2, A-9184 St. Jakob im Rosental until full payment has been received. In the event of default of payment by the customer, we shall be entitled to assert our rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a cancellation of the contract, unless we expressly declare the cancellation of the contract.

§ 9 Place of fulfilment, place of jurisdiction, applicability of Austrian law

• For consumers, the statutory provisions on the place of fulfilment and jurisdiction shall apply. For entrepreneurs, the place of fulfilment is Klagenfurt and the parties agree that the competent court in Klagenfurt shall have jurisdiction for all disputes relating to delivery or payment.
• Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers domiciled in the EU, the mandatory provisions of the consumer protection law of the Member State in which the consumer is domiciled shall also apply, insofar as these are more favourable to the consumer than the provisions of Austrian law. The choice of law also does not affect the application of the international mandatory provisions of the law of the court seised.

§ 10 Data protection

Personal data of the customer shall only be collected within the framework of the statutory provisions on data protection and shall only be used to process the transaction with the customer. The data transmitted to us by the customer will be stored electronically for these purposes, but will not be passed on to third parties unless this is necessary for the fulfilment of the contract. Further details on data protection can be found in the Rosen-Apotheke data protection declaration .

§ 11 Severability clause, dispute resolution instruction

• Should individual provisions of these general terms and conditions or of the purchase contract concluded with the customer be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of the terms and conditions and the contract. The invalid provision shall be replaced by the valid provision which the parties to the contract would have agreed in order to achieve the same result if they had been aware of the defect at the time the contract was concluded.
• Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . Our email is: info@onlineapo.at

Disclaimer of liability

1. content of the online offer

We have compiled the content of this website with the greatest possible care. However, we cannot guarantee the topicality, correctness, completeness or quality of the information provided. Any liability or warranty for the content provided is excluded. . All offers presented in the webshop - www.onlineapo.at are subject to change and non-binding. We cannot guarantee uninterrupted availability of the website. Temporary connection interruptions are therefore to be expected. We reserve the right to carry out maintenance work at any time. We expressly reserve the right to change, supplement or delete parts of the website or the entire website without prior notice or to discontinue publication temporarily or permanently.

2 References and links

Our website may contain links to external third-party websites over whose content we have no influence. The respective provider or operator is always responsible for the content of the linked websites. We do not adopt the content of linked websites as our own. Therefore, we cannot accept any liability for this third-party content. We declare that at the time of linking, no illegal content was recognisable on the websites linked by us. We have no influence whatsoever on the current or future design of the websites linked via hyperlinks. If we become aware of any legal infringements, we will remove such links immediately.

The operator of the linked website is solely liable for incorrect, illegal or incomplete content and in particular for damages resulting from the use or non-use of the linked information.

3. copyright & trademark law

The content contained on the website, e.g. texts, data, images, graphics as well as the design and structure of the website and its content are subject to trademark and/or copyright protection rights. This content may not be reproduced, transmitted, made available or otherwise utilised without express written consent. We grant you the limited, non-transferable, revocable and non-exclusive right to access and display the content on this website.

ONLINEAPO.at is a registered trademark of Rosenapotheke OG.

4 Data protection

If the opportunity for the input of personal or business data (email addresses, telephone numbers, dates of birth, names, addresses) is given, the input of these data takes place voluntarily. The use of and payment for all services offered is - insofar as technically possible, legally permissible and reasonable - also permitted without providing such data or by providing anonymised data or a pseudonym. The use of contact data such as postal addresses, telephone and fax numbers and email addresses published in the legal notice or comparable information by third parties for the purpose of sending information that has not been expressly requested is not permitted. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition.

Cancellation policy

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, have taken possession of the goods.

To exercise your right of cancellation, you must inform us

Rosen-Apotheke OG
Längdorfer Street 2
9184 St. Jakob im Rosental
Austria
Phone: +43 4253 / 8278
Fax: +43 4253 / 8278 - 20
E-mail: info@onlineapo.at(subject"Right of cancellation")

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from 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 withdraw from 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; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify 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 and 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.

The right of cancellation does not applyto the following goods:

• Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene (e.g. bandages, clinical thermometers, etc.), provided their seal has been removed after delivery.
• Goods that can spoil quickly or whose expiry date would be quickly exceeded,
• Goods that have been specially manufactured according to customer specifications or that have been customised to the customer's personal requirements or that have been specially ordered for the customer (delivery time min. 7 - 14 working days).
• Medicines sold by distance selling (labelled "pharmacy-only").

If you wish to withdraw from the contract, please print out this sample returns form and enclose it in the parcel with the goods to be returned.
You can find more details on the return form itself.

Sample return form