Webshop-General Terms and Conditions

Contractual Terms within the Scope of Purchase Agreements Concluded via the Platform

Between

Ümit Aktas Gesundheit GmbH
Grafenberger Allee 293
40237 Düsseldorf
+49 (0) 211 9076 19 19

info@drumitaktas.com

Registered in the Commercial Register of the District Court of Düsseldorf under HRB 107288, VAT Identification No.: DE 451 763 277 

Represented by its Managing Director Ümit Aktaş
– hereinafter referred to as the “Provider” –
and
the customer designated in § 2 of the contract
– hereinafter referred to as the “Customer” –
conclude the following agreement.

 

• 1 Scope of Application, Definitions of Terms

(1) The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between the webshop provider (hereinafter referred to as the “Provider”) and the customer (hereinafter referred to as the “Customer”).
Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their applicability in writing.

 (2) For the purposes of these Terms and Conditions, the term “Customer” includes both consumers and business entities.
A customer is considered a consumer if the purpose of the ordered goods and services cannot predominantly be attributed to their commercial or self-employed professional activity.
Conversely, a business customer is any natural or legal person or legally responsible partnership who, at the time of concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.

 

• 2 Conclusion of Contract

(1) The Customer can select products from the Provider’s range—particularly dietary supplements—and collect them in a virtual “shopping cart” by clicking the “Add to Cart” button.
By clicking the “Order with obligation to pay” button, the Customer submits a binding offer to purchase the items in the shopping cart.
Before submitting the order, the Customer can view and modify the information at any time.
However, the offer can only be submitted and transmitted if the Customer accepts these contractual terms by clicking the “I accept the Terms and Conditions” button, thereby including them in the offer.

(2) When clicking the [PAYPAL] button, the Customer is automatically redirected via another button to our payment service provider PayPal. If the Customer has a PayPal account, they can log in and select the desired shipping address and payment method in the input form that follows. If the Customer does not have a PayPal account, they can either create a new PayPal account and complete the payment process with PayPal, or choose an alternative payment method. After clicking the [CONTINUE] button, the Customer is automatically redirected back to our shop, where they can select the desired shipping method. Additionally, the Customer has the option to enter a gift card or discount code into the text field labeled [GIFT CARD OR DISCOUNT CODE] on the right-hand side and redeem it by clicking the adjacent [APPLY] button. The Customer can also revise the previously entered order details and shipping address at this point. After clicking [CONTINUE TO PAYMENT], the Customer can, in the next step [PAYMENT], choose the preferred payment method and enter the relevant payment information.
Input errors can be corrected by navigating back in the browser or canceling the order process and starting again. To complete the purchase, the Customer must click the [ORDER WITH OBLIGATION TO PAY] button. This action sends the order to us.

(3) The Provider then sends the Customer an automatic order confirmation via email, in which the Customer’s order is listed again and which the Customer can print using the “Print” function. This automatic confirmation merely documents that the Customer’s order has been received by the Provider and does not constitute acceptance of the offer. The contract is only concluded when the Provider issues a declaration of acceptance, which is sent in a separate email (order confirmation). In this email, or in a separate one—but no later than upon delivery of the goods—the contract text (consisting of the order, the terms and conditions, and the order confirmation) is sent to the Customer on a durable medium (email or printed copy) (contract confirmation). The contract text is stored in compliance with data protection regulations.

(4) The contract is concluded with: Ümit Aktas Gesundheit GmbH, Grafenberger Allee 293, 40237 Düsseldorf, Telephone: +49 (211) 9076 19 19, Email: info@drumitaktas.com, represented by Dr. Ümit Aktaş, VAT Identification Number pursuant to § 27a of the German VAT Act (UStG): DE 451 763 277.

(5) The contract is concluded in the German language.

 

• 3 Delivery, Product Availability

(1) The delivery times we specify are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance. If no delivery time or no differing delivery time is specified for the respective goods in our online shop, it is 3-5 working days.

(2) If no products are available at the time of the customer's order, the supplier shall inform the customer immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation. 

(4) The supplier only delivers to customers who have their habitual residence (billing address) in a country that is a member of the European Union and can provide a delivery address in the same country.

(5) The supplier is authorised to make partial deliveries to a reasonable extent.

• 4 Retention of Title

The delivered goods remain the property of the provider until full payment has been made.

 

• 5 Prices and Shipping Costs

(1) All prices stated are final prices, meaning they include all price components, including the statutory value-added tax (VAT). Additionally, the shipping costs listed below apply.

(2) The applicable shipping costs are indicated to the customer in the order form and must be borne by the customer, unless the customer exercises their right of withdrawal. For orders with a total value of 50 EUR or more, the provider delivers to the customer free of shipping charges.

(3) The shipment of the goods is carried out by postal delivery. The risk of shipment is borne by the provider if the customer is a consumer.

(4) In the event of a withdrawal, the customer must bear the direct costs of returning the goods.

 

• 6 Payment Terms

(1) The customer can make payment via Visa, Mastercard, American Express, Klarna, Google Pay, Apple Pay, Shop Pay, or PayPal.

(2) The customer can change the payment method stored in their user account at any time.

(3) The payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by calendar date, the customer is already in default by missing the deadline. In this case, the customer must pay the provider default interest at a rate of 5 percentage points above the base interest rate per year.

(4) The customer's obligation to pay default interest does not exclude the assertion of further damages caused by default by the provider.

 

• 7 Warranty for material defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

(2) An additional guarantee only exists for the goods delivered by the provider if this was expressly stated in the order confirmation for the respective article.

 

• 8 Liability

(1) Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for foreseeable damage typical for 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.

(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

 

• 9 Widerrufsbelehrung

(1) Consumers have a statutory right of cancellation when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). A sample cancellation form can be found in paragraph (3).

 

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, has taken possession of the goods. To assert your right of cancellation, you must inform us (Ümit Aktas Gesundheit GmbH, Grafenberger Allee 293, 40237 Düsseldorf, telephone: + 49 (211) 9076 19 19, e-mail: info@drumitaktas.com) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). 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 you all payments received from you, including the costs of delivery (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; in no event will you be charged fees for this reimbursement. We may withhold the reimbursement until we have received the goods back or you have provided evidence that you have sent the goods back, whichever occurs earlier. You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from 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 contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been broken after delivery (Section 312g (2) No. 3 BGB). This applies in particular to food supplements if their packaging has been opened or damaged.

 (3) The provider shall provide information on the model cancellation form in accordance with the statutory provisions at https://drumitaktas.com/pages/widerrufsformular or as follows:

Sample Cancellation Form   (If you wish to cancel the contract, please complete this form and return it to us.)   To  Ümit Aktas Gesundheit GmbH Grafenberger Allee 293  40237 Düsseldorf,  E-Mail: info@drumitaktas.com I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following  goods (*) Ordered on (*)/received on (*) Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only for notification on paper) Date (*) delete if not applicable

• 10 Platform for online dispute resolution (OS platform)

The EU Commission provides a platform for online dispute resolution (ODR platform) at http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

• 11 Submission of customer reviews

(1) Customers and users have the opportunity to submit a review for individual products offered by the provider. The review must be factual, truthful, and based on personal experience.

(2) It is not permitted to submit reviews that:

• are offensive, discriminatory, racist, or otherwise unlawful,
• make false statements of fact,
• contain advertising or spam,
• infringe the rights of third parties (e.g., copyright or personal rights).

(3) The provider reserves the right to review reviews and to not publish or to delete them in whole or in part without giving reasons, especially if they violate the rules stated in paragraph 2.

(4) By submitting a review, the customer grants the provider a non-exclusive, unlimited in time and territory, royalty-free right to use the review in connection with the reviewed product on the website as well as in marketing materials.

• 12 Privacy

The provider takes data protection very seriously and collects, processes, and uses the data submitted by the customer in accordance with the data protection regulations of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Further information about the provider’s handling of customers’ personal data can be found at https://drumitaktas.com/pages/gdpr-1 

• 13 Concluding provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.