Skip to content

T&C

General Terms and Conditions of Use and Business of the Customer Portal of HEROSAN Healthcare GmbH (www.herosan.eu)

1. Scope of application

1.1 These General Terms and Conditions of Use and Business (hereinafter referred to as ” T&C “) of the customer portal of Herosan Healthcare GmbH (hereinafter referred to as ” HEROSAN “) shall apply to the use of the customer portal of the website www.herosan.eu (hereinafter referred to as ” customer portal “) as well as to the orders processed via the customer portal.

1.2 Contracts with HEROSAN shall be concluded exclusively on the basis of these T&C.

1.3 Deviations from these T&C as well as conflicting general terms and conditions of the contractual partner of HEROSAN (hereinafter referred to as the “Customer”) shall only apply if HEROSAN has expressly agreed to them in writing by its authorized representatives in the individual case. Employees of HEROSAN are not authorized to make any promises or agreements that deviate from these T&C.

1.4 HEROSAN reserves the right to change the T&Cs at any time. There will be no explicit reference to the change of the T&C. The customer has to check the T&C independently, before each new conclusion of the contract, for changes. For each order, the version published in the customer portal at the time of the order shall apply.

2. offer / conclusion of contract

2.1 The products shown in the customer portal represent a non-binding online catalog.

2.2 The customer has the possibility to put the offered products into his electronic shopping cart by pressing the button “add to cart”.

2.3 Before submitting an order (by clicking the button “order subject to payment”), the customer has the opportunity to check all information again and change it if necessary.

2.4 Before submitting an order (by clicking the button “order subject to payment”) the customer will be informed about the essential characteristics of the goods, the contact details of HEROSAN, the total price of the goods incl. the delivery price. shipping and other costs, as well as about the period within which the goods will be delivered.

2.5 By placing an order (by clicking the button “order subject to payment”), the customer bindingly declares an offer to conclude a contract with regard to the products entered in his electronic shopping cart.

2.6 After placing the order, the customer receives an automatic order confirmation. This constitutes acceptance of the contract.

2.7 As an alternative to clause 2.6, a contract with HEROSAN shall also be concluded impliedly without order confirmation by performance of the contract (shipment of the ordered goods).

2.8 The contract thus concluded shall be stored electronically by HEROSAN. It is not accessible to the customer, but the customer receives an overview of the content of the contract with the order confirmation according to point 2.6 or in paper form with the delivery of the goods.

2.9 Contracts with HEROSAN shall be concluded exclusively in German.

3. prices / payment / default of payment

3.1 For an order, the prices at the time of placing the order (pressing the button “order subject to payment”) shall apply.

3.2 Prices are final prices and include the Austrian statutory value added tax as well as shipping costs. If additional shipping costs are incurred by the customer, they will be explicitly announced before the order is completed.

3.3 The payment of the purchase price shall be governed by the payment methods specified in the online store.

3.4 If payment is made by credit card, the customer’s account shall be debited upon conclusion of the contract.

3.5 The purchase price shall become due upon receipt of the invoice.

3.6 In the event of a delay in payment for which the Customer is responsible, the Customer shall be charged interest on arrears in the amount of 8% p.a..

4. delivery, shipment

4.1 The place of performance for deliveries, services and payments shall be the business premises at the registered office of HEROSAN (Paula-Neuroth-Straße 1, 8403 Lebring).

4.2 When the goods are shipped, the risk of loss or damage to the goods shall pass to the customer as soon as the goods are delivered to the customer or to a third party designated by the customer and different from the carrier.

4.3 Delivery shall be made to Austria and Germany to the delivery address specified in the order by a commissioned transport company.

4.4 Delivery is regularly made within 2-4 business days.

5. ownership reservation

HEROSAN retains title to the delivered products until the invoice amount has been paid in full.

6. offsetting prohibition

The customer may set off counterclaims against the purchase price claim of HEROSAN only if the counterclaim is (i) is legally related to the customer’s liability, (ii) judicially determined or (iii) has been recognized by HEROSAN; furthermore (iv) in the event of insolvency of HEROSAN.

7. content of the online offer

7.1 HEROSAN does not assume any liability for the up-to-dateness, correctness, completeness or quality of the information provided in the customer portal. Liability claims against HEROSAN regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected, unless HEROSAN can be proven to have acted with intent or gross negligence.

7.2 The product offer of the customer portal is subject to change and non-binding. HEROSAN reserves the right to change, supplement or delete parts of the homepage or the entire product range of the customer portal without prior notice, or to cease publication temporarily or permanently.

8. warranty

8.1 HEROSAN warrants in accordance with the statutory provisions that the goods shall be free from defects at the time of delivery. The statutory deadlines apply.

8.2 HEROSAN guarantees the shelf life of the distributed products within the minimum shelf life dates indicated on the packaging, provided that they are stored after delivery in accordance with the storage recommendation indicated on the goods.

8.3 The information provided by HEROSAN wherever on content quantities and other goods-specific information is only approximate or exemplary.

9. liability

9.1 HEROSAN shall be liable exclusively for gross negligence (gross negligence, intent).

9.2 Liability for damages caused by slight negligence is expressly excluded.

9.3 HEROSAN shall be liable for personal injury and under the Product Liability Act in accordance with the applicable law.

9.4 HEROSAN shall not be liable for the continuous and uninterrupted availability of the online trading system or for technical and electronic errors over which HEROSAN has no control, in particular for delays in processing orders.

10. right of withdrawal

10.1 Customers who are consumers within the meaning of Directive 2011/83/EU have the right to revoke a contract concluded with HEROSAN via the customer portal without giving any reasons in accordance with the following points.

10.2 The revocation period is 14 days from the day on which the customer or a third party named by the customer who is not the carrier has taken possession of the goods. In the event that several goods were ordered in a single order, which are delivered separately, on the day on which the consumer or a third party designated by the consumer, not acting as a carrier, acquires possession of the last delivered goods.

10.3 In order to exercise its right of withdrawal, the customer must inform HEROSAN by means of a clear declaration by mail (HEROSAN Healthcare GmbH, Paula-Neuroth-Straße 1, 8403 Lebring) or by e-mail (info@herosan.eu), of its decision to withdraw from this contract. For this purpose, the Muster-Widerrufsformular can be used, which is, however, not mandatory.

10.4 In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

10.5 No right of revocation exists for:

10.5.1 Goods that can spoil quickly or whose expiration date would be quickly exceeded;

10.5.2 Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.

11. consequences of revocation

11.1 In the event of a revocation HEROSAN shall refund to the customer all payments received by HEROSAN from the customer in connection with the revoked order, including the costs of delivery, without undue delay and at the latest within 14 days from the day on which HEROSAN has received the notice of the revocation of the contract.

11.2 In the absence of any agreement to the contrary, HEROSAN shall use the same means of payment for the repayment as the customer used for the original transaction. Under no circumstances will the customer be charged any fees due to this repayment.

11.3 In the event of a revocation pursuant to clause 10, the consumer shall return the relevant goods to HEROSAN without undue delay and in any case within 14 days from the day on which the customer has notified HEROSAN of the revocation of the relevant contract. The return period is met if the goods are dispatched before the expiry of the 14-day period.

11.4 The customer shall bear the direct costs of returning the goods.

11.5 The customer shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for the inspection of the quality, characteristics and functioning of the goods.

11.6 HEROSAN may refuse repayment until HEROSAN has received the goods back or until the customer has furnished proof that the goods have been returned, whichever is the earlier.

12. data protection, data storage, cookies

The privacy policy is part of the contract with HEROSAN. The customer has read these and declares his consent to them.

13 Copyright/Liability

13.1 The content of the Customer Portal is protected by copyright. The information is intended for personal use only. Any further use, in particular storage in databases, reproduction and any form of commercial use as well as disclosure to third parties, even in part or in revised form, without the consent of the respective organization is prohibited. Any integration of individual pages of our offer into external frames is to be refrained from.

13.2 HEROSAN does not warrant the authenticity, accuracy or completeness of the information provided on this website. No warranty is given for the availability or the operation of the present website and its contents. Any liability for direct, indirect or other damages, regardless of their cause, arising from the use or unavailability of the data and information on this website is excluded to the extent permitted by law.

14. references and links

14.1 The Website contains references to third-party websites (so-called “links”). By using a link, the user may be redirected to the Internet site of a third party. HEROSAN assumes no responsibility or liability for the accuracy, completeness and timeliness of the content of any such third party website.

14.2 HEROSAN expressly distances itself from any illegal content on third-party websites and will take immediate action to remove the link if it becomes aware of any illegal activity or information and of any facts or circumstances from which any illegal activity or information is apparent.

15. copyright and trademark law

15.1 Picture credits: HEROSAN Healthcare GmbH

15.2 HEROSAN shall endeavor to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts it has created itself or to make use of graphics, sound documents, video sequences and texts that are in the public domain.

15.3 All brand names and trademarks mentioned on the website and, if applicable, protected by third parties, are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties.

15.4 The copyright for any material created by HEROSAN is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without HEROSAN’s agreement.

16. dispute settlement

Since 09.01.2016, the EU Regulation on Online Dispute Resolution in Consumer Matters (No. 524/2013) applies. Disputes between consumers and merchants in connection with online purchase contracts or online service contracts can be settled via the following online platform.

17 Jurisdiction and Applicable Law

17.1 Unless mandatory provisions of the Austrian Consumer Protection Act (KSchG) conflict therewith, the exclusive place of jurisdiction for all disputes arising from contractual relationships or contract initiations with HEROSAN shall be Graz.

17.2 All legal relationships between HEROSAN and the customer shall be governed by Austrian law, excluding the conflict of law rules of the IPR and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

18. exclusion of liability

Disclaimer and general notice on human medical, as well as veterinary topics.

The content presented on our website is for neutral information and general information purposes only. All information does not constitute a recommendation or promotion of the products described, this also implies diagnostic methods, as well as treatments in these areas. The texts provided do not claim completeness, timeliness, accuracy or balance of the information presented and do not imply any guarantees.

The listed texts and product descriptions on our web pages do not in any way replace the professional advice of a human or veterinary doctor and they may not be used as a basis for independent diagnosis, this includes both the beginning, changes or termination of treatments or diseases. If you have any health questions or complaints, be sure to consult a trusted doctor/veterinarian!

All listed information and offered products are not intended as a substitute for prescribed therapies, medications or for self-diagnosis.

The information provided is not intended to diagnose, treat, cure or prevent any disease.
Our company and our authors do not assume any liability for complications or damages resulting from the use of our website, as well as presented information and products. It is not aimed at giving the impression of spreading false information.
Do not use our products under any circumstances during pregnancy, while breastfeeding or with young children.

The CBD products we offer are derived from certified EU commercial hemp varieties listed in the Common Catalogue of Varieties of Agricultural Plant Species in accordance with Article 17 of Council Directive 2002/53/EC of June 13, 2002, OJ. No. L 193/2002 p.1 or in the Austrian List of Varieties according to § 65 Seed Act 1997, BGBl. l No. 72/1997, as amended.

According to the legal regulations, we are not authorized to give information about health aspects of the products, as well as any healing promises are prohibited.

A natural component of the hemp plant is cannabidiol (CBD). Hemp has been used in many ways around the world for thousands of years. Clinical studies are rapidly increasing, underpinning the medical relevance in humans and animals.

Section 19 Severability clause

If individual provisions of the T&C are invalid or not effective, the validity of the remaining conditions shall remain unaffected. The invalid or ineffective condition shall be replaced by one that comes as close as possible to the original provision. This also applies to legal loopholes and to the interpretation of these general terms and conditions.