Terms of service

§ 1 General – Scope

These General Terms and Conditions in the version valid at the time of the order apply exclusively to all business relationships that come into existence through the use of the online shop of NEOaging – brand of MITOcare GmbH & Co. KG (“MITOcare”). Deviating terms and conditions are not recognized, unless their validity has been expressly agreed to in writing. The contractual relationship comes into existence upon completion of an order between NEOaging – brand of MITOcare GmbH & Co. KG, Thalkirchner Str. 210, D-81371 Munich (“NEOaging”), and the purchaser (“Customer”).

§ 2 Offer

The order placed by the Customer (e.g. by fax, by telephone, via email) constitutes a binding offer.
The product presentations of the provider on the internet do not represent a binding offer to conclude a contract, but rather an invitation to submit an order (offer by the Customer).

When purchasing via the online order form, the goods intended for purchase are placed in the “shopping cart”. Via the corresponding button in the navigation bar, the Customer can access the “shopping cart” and make changes there at any time. After calling up the “checkout” page and entering personal data as well as payment and shipping conditions, all order data is displayed again on the order overview page.

Before submitting the order, the Customer has the opportunity to check all the information again, to change it (also using the “back” function of the internet browser), or to cancel the purchase. By submitting the order via the “order with obligation to pay” button, the Customer submits a binding offer to the provider.

We are entitled to accept these offers within two weeks by sending the ordered goods or, if the goods cannot be delivered within this period, within this period by sending an order confirmation.

§ 3 Right of Withdrawal for Consumers and Consequences of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days and begins on the day on which you, or a person designated by you who is not the carrier, have taken possession of the goods.

If you have ordered several goods together and they are delivered separately, the withdrawal period is fourteen (14) days from the day on which you, or a person designated by you who is not the carrier, have taken possession of the last good. If you have ordered goods that are delivered regularly over a fixed period of time, the withdrawal period is fourteen (14) days from the day on which you, or a person designated by you who is not the carrier, have taken possession of the first good.

To exercise your right of withdrawal, you must inform us…

NEOaging – brand of MITOcare GmbH & Co. KG
Thalkirchner Str. 210
81371 Munich
info@neoaging.de
www.neoaging.de

by means of a clear statement via email of your decision to withdraw from this contract. Please also take note of our cancellation policy for this.

In the event of an effective withdrawal, NEOaging – brand of MITOcare GmbH & Co. KG is obliged to refund all payments that it has received from you, including the delivery costs (with the exception of additional costs arising from a different type of delivery than the offered, inexpensive standard delivery, and in the case of a partial withdrawal), without undue delay and at the latest within fourteen (14) days from the day on which the notification of your withdrawal from this contract has been received by NEOaging – brand of MITOcare GmbH & Co. KG. The means of payment you used in the original transaction will be used for the refund by NEOaging – brand of MITOcare GmbH & Co. KG. Another means of payment may be used if expressly agreed. Under no circumstances will you be charged fees for this refund.

Upon effective withdrawal, the services received by both parties must be returned. NEOaging – brand of MITOcare GmbH & Co. KG is entitled to refuse repayment until it has received the goods back or until you have provided proof that you have sent the goods back, depending on which is the earlier point in time.

You must return or hand over the goods to NEOaging – brand of MITOcare GmbH & Co. KG, Thalkirchner Str. 210, 81371 Munich, without undue delay and in any event no later than fourteen (14) days from the day on which you informed NEOaging – brand of MITOcare GmbH & Co. KG of your withdrawal from the contract. The deadline is met if you dispatch the goods before the fourteen (14) days have expired. You bear the direct costs of returning the goods. Opened and used products will not be taken back or will only be taken back against payment of the value of the goods.

Intolerance of a product does not constitute a defect and does not entitle you to return the product. If, upon delivery, it is established that products are missing or defective or that incorrect goods have been delivered, you must notify NEOaging – brand of MITOcare GmbH & Co. KG without delay so that prompt rectification or replacement delivery can take place.

You are only required to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

In general, damage and contamination of the received goods should be avoided. Please return the goods to us, if possible, in the original packaging with all accessories and all packaging components as well as any protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging.
Please do not send the goods back to us freight collect (carriage forward) if possible.
Please note that the aforementioned points 1–2 are not a prerequisite for the effective exercise of the right of withdrawal.

Our General Terms and Conditions (neoaging.de/agbs) apply.

§ 4 Prices – Terms of Payment

The purchase price is due in full upon delivery, unless otherwise stated in the order form, delivery documents, invoice or order confirmation. The Customer bears the costs of shipment “ex works”, unless otherwise agreed, or if such costs exceed a reasonable proportion of the value of the goods delivered.

Statutory value added tax is not included in our prices, unless we have expressly indicated this. It is shown separately on the invoice at the statutory rate.

The statutory rules regarding the consequences of default of payment apply; in particular, the Customer shall be in default at the latest if it does not make payment within 30 days after the due date and receipt of the invoice or an equivalent payment statement.

The Customer is only entitled to set-off rights if its counterclaims have been legally established, are undisputed or have been acknowledged by us. Furthermore, it is entitled to exercise a right of retention only insofar as its counterclaim is based on the same contractual relationship.

§ 5 Delivery – Delivery Time

Compliance with our delivery obligation presupposes the timely and proper fulfillment of the Customer’s obligations. The defense of non-performance of the contract remains reserved.

Partial deliveries are permissible insofar as they are reasonable for the Customer.

If the Customer is in default of acceptance or culpably breaches other duties of cooperation, we are entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. Further claims remain reserved.

If the conditions of paragraph (2) are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the Customer at the time when the Customer is in default of acceptance or debtor’s delay.

If the underlying purchase contract is a fixed-date transaction within the meaning of § 286 para. 2 no. 4 BGB or § 376 HGB, the statutory liability provisions apply. This also applies if, as a result of a delay in delivery for which we are responsible, the Customer is entitled to assert that its interest in further performance of the contract has ceased.

We are furthermore liable according to the statutory provisions if the delay in delivery is due to a willful or grossly negligent breach of contract for which we are responsible; any fault on the part of our representatives or vicarious agents is attributable to us. If the delay in delivery is not due to a willful breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.

We are also liable according to the statutory provisions insofar as the delay in delivery for which we are responsible is due to a culpable breach of an essential contractual obligation; in this case, however, our liability for damages is limited to the foreseeable, typically occurring damage.

We are liable for delays in performance in cases of intent or gross negligence on our part or on the part of a representative or vicarious agent in accordance with the statutory provisions. In other cases of delay in performance, our liability for damages in addition to performance is limited to 5% and for damages in lieu of performance to 15% of the value of the delivery. Otherwise, we are only liable for injury to life, body or health. Further claims of the Customer due to delay in performance are excluded.

The above provisions do not involve a reversal of the burden of proof to the detriment of the Customer.

§ 6 Storage of Products

The Customer is obliged to treat the purchased item with due care; in particular, it is obliged to store the products in a suitable place, cool and dry, so that the condition of the products is not impaired.

§ 7 Liability for Defects

Statutory liability for defects applies.

Defect claims by merchants presuppose that they have properly fulfilled their inspection and notification obligations pursuant to § 377 HGB; in particular, the written notification must be made without delay, contrary to paragraph (1).

If a defect in the purchased item exists, we are entitled, at our discretion, to deliver a new defect-free item or to remedy the defect by subsequent performance. We bear all expenses necessary for the purpose of remedying the defect, provided these are not increased by the fact that the purchased item has been taken to a location other than the place of performance, or that the new defect-free item is to be delivered to a location other than the place of performance. If the subsequent performance fails, the Customer is entitled, at its discretion, to demand rescission (withdrawal) or reduction (price reduction).

We are liable according to the statutory provisions if the Customer asserts claims for damages that are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as no intentional breach of contract is attributed to us, liability for damages is limited to the foreseeable, typically occurring damage.

We are liable according to the statutory provisions if we culpably breach an essential contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage.

Insofar as the Customer is entitled to claim damages in lieu of performance, our liability is also limited to compensation for the foreseeable, typically occurring damage within the scope of paragraph (3).

Liability for culpable injury to life, body or health remains unaffected; this also applies to liability under the Product Liability Act (Produkthaftungsgesetz).

Unless otherwise provided above, liability is excluded.

§ 8 Overall Liability

Any further liability for damages than provided for in § 7 is excluded – regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from culpa in contrahendo (fault in conclusion of contract), due to other breaches of duty, or due to tortious claims for compensation of property damage according to § 823 BGB.

The limitation according to paragraph (1) also applies insofar as the Customer, instead of claiming compensation for damages, demands reimbursement of futile expenses in place of performance.

Insofar as liability for damages on our part is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

§ 9 Retention of Title

We retain title to the purchased item until all payments arising from the delivery contract have been received. In the event of conduct by the Customer contrary to the contract, in particular in the event of default of payment, we are entitled to take back the purchased item. Taking back the purchased item by us constitutes a withdrawal from the contract. After taking back the purchased item, we are entitled to exploit it; the proceeds of exploitation are to be credited against the Customer’s liabilities – less reasonable exploitation costs.

In the event of seizures or other interventions by third parties, the Customer must inform us immediately in writing so that we can bring an action pursuant to § 771 ZPO. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the Customer is liable for the loss incurred by us.

§ 10 Storage of Personal Data – Consent, Data Protection

The Customer expressly agrees that the personal data provided by it may be stored by us or by a third party commissioned by us for the duration of the contract and its handling and thereafter for the maintenance of the ongoing customer relationship.

We undertake towards the Customer to use the stored data only for our own purposes and for the purpose of order processing (e.g. in the case of purchase on account, for the necessary checks). We are not permitted to pass the data on to uninvolved third parties, unless there is a legal or official obligation to do so.

§ 11 Place of Jurisdiction – Place of Performance

If the Customer is a merchant, our place of business is the place of jurisdiction; however, we are also entitled to bring an action against the Customer at its place of residence.

The law of the Federal Republic of Germany applies; the application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Unless otherwise stated in the order confirmation or the delivery documents, our place of business is the place of performance.

§ 12 Limitation Period for Claims for Damages

  1. The limitation period for claims for damages due to defects – regardless of the legal basis – is one year.

  2. The limitation periods applicable to claims for damages according to para. 1 also apply to all other claims for damages against us, regardless of their legal basis. They also apply insofar as the claims are not related to a defect.

  3. The above limitation periods apply with the following provisos:

    • The limitation periods do not apply in cases of intent or fraudulent concealment of a defect or insofar as the seller has assumed a guarantee for the quality of the delivery item.

    • The limitation periods do not apply to claims for damages in cases of injury to life, body, health or freedom, to claims under the Product Liability Act, in cases of grossly negligent breach of duty or culpable breach of essential contractual obligations. They also do not apply in the cases of § 438 para. 1 no. 1 and no. 2 BGB.

  4. The limitation period begins for all claims for damages with the delivery.

  5. Insofar as this provision refers to claims for damages, this also includes claims for reimbursement of futile expenses.

  6. Unless expressly provided otherwise, the statutory provisions on the commencement of the limitation period, the suspension of expiry, the suspension and the recommencement of limitation periods remain unaffected.

Questions regarding the Terms of Use should be sent via email to info@neoaging.de.