Conditions of Use
§ 1 General
1. The following General Terms and Conditions (“Shop-Terms”) apply for sales from AUROSAN to buyers based outside Germany, residing in the European Community (EC). Deviating Terms and Conditions of the buyer or changes and additions to our Terms and Conditions are only valid in the extent in which they have been explicitly confirmed by AUROSAN in writing prior to any purchase.
Our contact data are:
AUROSAN GmbH, Frankenstr. 231, D - 45134 Essen, Germany
phone: +49 (0)201 21961-701
fax: +49 (0)201 21961-731
Registered at the Courts of Essen, HR B 24558; VAT ID: DE288149260; CEO: Dr. Michael W. Delfs
§ 2 Contracting
With any promotion of products AUROSAN does not offer a binding purchase contract.
The interested customer may select products from the AUROSAN shops into the shop basket by clicking on the button “basket”. Prior to clicking the “buy” button, all selected products in the shop basket incl. the total gross price will be shown in summary. The customer may still change or correct his selection at this time prior to conclude the binding order. The binding order is being placed with hitting the “buy” button which is possible only after accepting (“checking”) the Shop-Terms and the Rules of Return at which time the customer becomes a buyer.
AUROSAN will automatically send to the buyer a receipt of the purchase request listing again the order received. This receipt email only documents the receipt of order but does not close a purchase contract between the buyer and AUROSAN which becomes established only with AUROSAN executing the order by sending out the ordered goods.
Purchase contract language is German.
The contract text is being saved by AUROSAN, and maybe sent to the buyer upon request.
§ 3 “Rules of Return” - Right to withdraw from the purchase contract
1. With the purchase request submitted by the buyer to AUROSAN the request and subsequent purchase contract are subject to the “Rules of Return” accessible here and the Shop-Terms.
§ 4 Product delivery and availability
AUROSAN will inform buyer immediately if at the time or purchase request no product or insufficient quantity of product is available. If product may not become available during four weeks or longer, AUROSAN will not accept the purchase request and no purchase contract will be established. Vice versa, if no product is being delivered for four weeks from the purchase request, he may withdraw the purchase request.
The minimum order quantity and the batch size provided in our quotes and price-lists are mandatory for the order fulfilment. Accordingly, we will upgrade divergent order sizes to the superior amount or align them to the minimum suitable order quantity or batch size.
Products are typically delivered by a parcel transport & delivery service. All deliveries are executed upon risk of the buyer, and without transport insurance. AUROSAN may split the product delivery across multiple sendings. The buyer may contact the AUROSAN customer service desk at any time and request information on the expected time to delivery of his order.
The order is fulfilled once the goods are handed over to the parcel handling service ex works Essen. AUROSAN may request from the buyer, prior to shipment, a confirmation of his permission to purchase the products (e.g. medical certificate; pharmacy certificate; wholesaler permission etc.)
Packaging, parcel service and tariff may be chosen by us as a consequence of customer demand and product characteristics. Besides from this, as we sell ex works, the buyer may instruct a third party to pick up the goods, for as long as we receive this information at the time of purchase order.
AUROSAN at its discretion may choose not to deliver products or to request pre-payment. All costs, direct or indirect, are to be covered by the purchaser.
§ 5 Ownership
The delivered goods remain our property until full payment is received for all outstanding debits in the business relationship with the specific buyer. Bailments, security transferences or provisions and other extraordinary rights of disposal are prohibited, with the exception of the proper execution of sale. The customer is obligated to immediately inform AUROSAN if third parties seize the reservation of ownership. The buyer is liable to insure the unpaid products against possible damages. In case of damage he transfers the claim on the products’ value from the insurance coverage to AUROSAN.
§ 6 Trading products purchased from AUROSAN
Our products may only be resold in their unchanged original packaging, forwarding also the instructions for use, and not in parts or subsets. It is not permitted to repackage or relabel the original package with divergent information, names or brands.
§ 7 Pricing. Cost of Delivery; other Costs
The prices listed in our webshops and referred to in these Shop-Terms are referral prices for domestic trade including applicable German VAT. All invoices are set in Euro (€) according to the prices which are in force at the date of invoicing, subject to regular change.
We generally deliver uninsured at the buyer’s own account and risk. For deliveries with a net order value of less than Euro 100.00 net value to addresses within Germany, we charge additionally 5.99 Euro net shipping costs. For all deliveries abroad independent of order value, charges for freight and export administration are charged to the buyer.
§ 8 Payment
The seller’s employees are not entitled to receive payments. Payments may be made
8.1 Via pre-payment:
AUROSAN may request pre-payment even if the customer has selected invoice or SEPA direct debit as mode of payment. In case of pre-payment chosen AUROSAN will e-mail send the buyer a pro-forma invoice with our bank details and ship the goods only after receipt of payment. Relevant for the fulfilment of the duty of payment is the date of credit on the AUROSAN account.
8.2 Via SEPA Direct Debit:
With his request for SEPA direct debit, customer will receive by e-mail our SEPA direct debit mandate form, which can also be downloaded from our website www.aurosan.de. Please enter all relevant data and send us the fully filled-in and signed form back via e-mail to service[at]aurosan.de or via fax to +49 (0)201 21961-731.
Based on your approval on the SEPA form, amounts due from the purchase will be deducted 8 days after delivery. Should for any reason, direct debit be refused, resulting costs will be charged to the buyer.
8.3 Via Invoice:
Purchase via invoice is only possible after individual approval if your delivery address and invoice address is in Germany, unless otherwise agreed. Our invoices are payable within 30 days after the date of billing, and without any deduction. The date of receipt of payment is decisive for the fulfilment of the payment duty. All information on payment will be included on the invoice delivered on the day of product delivery.
We do not accept payments via check or cash.
8.4 Late payments:
Late payments will be fined with interest charges of 5% over Deutsche Bundesbank base rate. We explicitly reserve the right to enforcement of further damage caused by default.
§ 9 Complaints and Return of Goods
AUROSAN takes over product liability in accordance with the Applicable Law. Any guaranty AUROSAN will accept only to the extent it had granted to the buyer at the time of purchase in writing.
Claims on the amount of product units delivered can be considered only in written form, and within a period of three working days from the date of receipt of goods together with the delivery note. The buyer shall claim the receipt of damaged goods and the resulting consequences to the freight carrier. AUROSAN reserves the right to share product across multiple buyers pro rata based on market shares.
A return of purchased, non-defective goods is excluded.
A return of cool-storage goods, products in sterile packaging or any medical drug is excluded. The same applies for products with broken seals or damaged primary or secondary packaging.
Prior to any product return shipment, the return must be agreed with us in written form. If nevertheless products are returned without our prior written consent, we are neither obligated to accept delivery, store nor to refund or subsequently replace any product. The buyer bears the risk of returned goods.
§ 10 Liability of AUROSAN
AUROSAN takes liability for ordinary negligence causing major violation of contractual obligations limited to the foreseeable damage in height of the purchase transaction value.
AUROSAN does not take liability for all other kinds of ordinary negligence. AUROSAN does not take liability for direct or indirect consequential damages, nor vain expenditures.
Beforementioned provisions are subject to enforceable liability under applicable German law, in particular the “Produkthaftungsgesetz” as well as for wilful caused damage to life, body or health, or to guaranties AUROSAN may have granted to buyer.
§ 11 Data Protection Declaration
§ 12 Company Logo and Trade Mark
Our products, company name and logo are under global trademark protection. The content of our website is protected by copyright. The use of content beyond proper re-sale purpose requires our prior written permission considered case by case. This includes the use of product names, company names and logo on the product packaging, labels and advertising materials etc.
The use of company names, logos, product names and pictures of third parties is strictly limited to the purpose of providing information and precising the promotion.
All pictures are for illustration only. Deviations from the products are possible.
§ 13 Other Terms
All contracts between AUROSAN and a buyer are made under the right of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods (“Applicable Law”).
Place of fulfilment is Essen, Germany. Place of jurisdiction are the Courts of Essen, Germany.
Should one or more terms of these General Terms and Conditions become ineffective or be found invalid, the validity of the rest of this contract is not affected.