Terms and Conditions

Mail order business – , Bischofswiesen (www.Analhygiene.eu)

Last update:  11.06.2010

§ 1 Scope of the contract

(1) The following terms and conditions, in the version valid at the moment of order placement, shall form the sole legal basis for business relations. All dealings shall be subject to German law and not subject to the United Nations Convention on Contracts for the International Sale of Goods.

(2) These terms and conditions shall be valid for all business done between Dr. Ludwig Römhild, doctors and end users. Retailers are recommended to contact Dr. Ludwig Römhild directly to sign a distribution agreement.

§ 2 Contract signing, orders

(1) The products, promotion and prices presented in the internet are an unconditional encouragement for customers to place an order and are aimed at private individuals residing in Germany, the EU and in other foreign countries; as well as at legal and corporate entities based in Germany and the EU. On placement of an order for goods the customer submits an offer to close a contractual agreement. However, the immediate confirmation of receipt of an order via e-mail (order confirmation) does not confirm acceptance of the offer and is purely intended to inform the client that the order has been received.

A contractual relationship shall ensue when the client order has been accepted by us, by way of dispatch of ordered goods, or on receipt of order-specific confirmation we have sent out.

(2) If, through no fault of our own, a product should not be deliverable, due to force majeure or to production difficulties, and the goods ordered can not be produced or acquired under acceptable conditions, we shall be relieved of any duty to deliver. The client shall be informed of this situation immediately and payments already made by the client returned immediately.

§ 3 Guarantee, liability, prices

(1) Should the client identify a fault or omission, he/she shall be obliged to return the goods in question for inspection immediately. If a complaint is submitted within the agreed time limit and is found to be justified, the client shall be given the option of receiving a replacement, repair or money back. Subject to legal requirements we reserve the right to refuse to remedy the situation. The client shall have the right to choose to withdraw from the contract or, if the customer has agreed upon a reasonable deadline and the supplier has failed to remedy the situation within this period, to reduce the amount to be paid. Bearing in mind the interests of both parties to the contract, should there be circumstances to justify immediate withdrawal from the contract, there shall be no subsequent setting of deadlines permissible. Claims for damages/compensation shall not be excluded due to withdrawal.

Warranty claims are entitled only to the direct customer and are not transferable.

(2) Except in cases of gross negligence we shall only be held liable for contractual and extra-contractual violations in cases of failure to fulfil duties central to the contract and which lead to the endangerment of the purpose of the contract. Exceptions shall be made for rights and claims agreed prior to the contract. Liability shall be limited to the damages and compensation which can be typically expected for this type of case.

(3) Unless it can be otherwise proven that essential duties of contract have been violated there shall be no right to claim for compensation in mild cases of negligence. In particular we accept no liability for damages occurring to anything other than the delivered product itself.

(4) Return of the goods subsequent to opening the original packaging is explicitly excluded due to particular hygienic reasons.

(5) Dr. Ludwig Römhild shall accept no liability whatsoever for claims for physical injury resulting from serious misuse, careless or grossly negligent use of the good delivered. Detailed instructions for correct use of the ProctoClean cleaning tool are presented on the website www.analhygiene.eu and in the product brochure accompanying the goods taking into account all general and medical advice. The customer shall be obliged to read these general and medical instructions on ordering the ProctoClean cleaning tool and to use the cleaning tool accordingly.

(6) Details and depictions of the price lists and other price information in the online shop are purely for information purposes and in no way constitute assurances or warranties. Some depictions of goods are merely representative of the product and may deviate from the products ordered/delivered. All prices provided are gross prices and include the VAT contributions required at the point of purchase. Prices are bound to those stated at the time an order is submitted.

§ 4 Terms of delivery, offsetting costs, rights of ownership

(1) In general we aim to include all ordered goods in a single consignment. Should we be unable to do so, partial deliveries shall be considered permissible as long as this does not cause unacceptable inconvenience for the client. In such cases the client shall not be made liable to pay additional costs for transport and packaging.

(2) The client shall only be entitled to offset payments if his/her counterclaims have been adjudged to be res judicata or we have explicitly accepted their validity in writing or we do not dispute their validity. The client shall only be entitled to exercise the right of retention of payment in as far as his/her counterclaim is related to the same item of the contractual relationship.
(3) Until payment has been received in full the delivered goods shall remain in our ownership.

(4) Delivery shall be made subsequent to payment via credit card, PayPal or payment in advance, worldwide.
(5) Return of the goods subsequent to opening the original packaging is explicitly excluded due to particular hygienic reasons.

§ 5 Notice of right of revocation

Right of revocation

(1) Customers who are end consumers and not business entities shall be entitled to withdraw from the contract within 14 days without the duty to submit reasons in writing (letter, fax, e-mail) or - if the article has been transferred to the end consumer within the time limit - by returning the said article. Saturdays, Sundays and bank holidays shall also be included in the time limit. 7 working days shall be available (not including Saturdays, Sundays and bank holidays). The time limit shall begin on receipt of this notice in writing, but not before the article has been received by the recipient (in the case of repeated deliveries of identical articles - not before receipt of the first partial delivery and not before fulfilment of the duties to inform set down in article 246 § 2 in connection with § 1 paragraphs 1 and 2 EGBGB and our duties according to § 312e paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. Timely submission of notice of revocation, or of the article, shall suffice to honour the deadline.

(2) In general, businesses shall not be granted such a right of revocation.

(3) This right of revocation does not apply to goods produced according to consumer specifications and which have been clearly tailored to the personal requirements of the end consumer and are thus, due to their specific design, not suitable for return - as is the case with newspapers, magazines and illustrated periodicals - with the exception of contracts for printed periodicals.

(4) Due to the particularities of the need for absolutely hygienic conditions, revocation shall under no circumstances be permitted after the original product packaging has been opened.

(5) Revocation to be sent to:

• 
  Rauhensteinweg 1
  83483 Bischofswiesen, Germany
  Fax: 0049-8652-97 62 67
  E-Mail:
  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Consequences of revocation

(6) In the case of valid revocation, both sides shall be obliged to return all goods, reimburse and compensate for any benefits gained (i.e. interest).

(7) If you are not able to return the goods completely unused, or only able to return part of the goods unused, or you can only return the goods in a diminished state, you shall be obliged to compensate us to this degree. This obligation shall not apply for articles whose diminished state can only be traced back to an inspection as would have been possible in a shop. Otherwise, the duty of compensation for diminished quality due to proper use can be avoided by not using the article as your property and by doing nothing which could diminish the value of the article.

(8) Articles capable of being sent via parcel post shall be returned at our risk. You shall be obliged to bear the costs of returning the article if the goods delivered correspond with the order and the price of goods to be returned does not exceed €40 or if the goods are valued above €40 and the reciprocal duty or contractually agreed instalment remains unpaid at the time of revocation. In all other cases you will be able to return the goods free of charge. Espara shall not be held liable for damage occurring in transit due to poor packaging.

(9) Items which cannot be forwarded by parcel post will be collected from the customer.

(10) All duties of payment must be fulfilled within 30 days. Your time limit shall begin on forwarding your declaration of revocation or the item. Our time limit shall begin on receipt of the aforementioned.

§ 7 Payment

(1) The purchase price shall be due, and must be paid in full, prior to delivery of goods, via PayPal, credit card debiting or prepayment, without any deductions.

§ 8 Privacy

All information shall be treated fundamentally as being confidential. The client accepts that person-related details, particularly those related to contractual administration and order processing must be stored on data storage mediums, especially with respect to data protection guidelines, particularly those set down in the German data confidentiality laws. We do not partake in address marketing.

The client shall reserve the right to demand free information, rectification, the freezing or deletion of his/her details at any time. Should you wish to request such action, please contact us know by e-mail, or send your message by post or fax.

§ 9 Place of jurisdiction and sundry matters

(1) The place of jurisdiction for all commercial disputes related to orders shall be Traunstein, Germany.

(2) The invalidity of one or more of the agreed conditions shall have no effect on the legal validity of the contract as a whole or on the validity of the other conditions.

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