Terms of service

1. General & Scope of Application 1.1. These General Terms and Conditions (hereinafter "GTC") apply to all offers, orders, deliveries, and services of Spitzweg-Apotheke, Sven Henneberger e.K., Günnigfelder Straße 70, 44866 Bochum (hereinafter referred to as the "Provider"), which are made via the Provider's online shop. 1.2. By placing an order, the customer acknowledges the validity of these GTC in the version valid at the time of the order. Deviating terms and conditions of the customer are hereby expressly rejected unless their validity has been agreed to in writing in advance. 1.3. Important product and health information: The dietary supplements and functional foods offered in the online shop are not medicines and are not intended to cure, alleviate, or prevent diseases. They are not a substitute for a balanced, varied diet and a healthy lifestyle. Always keep these products out of the reach of children. In case of known intolerances, pre-existing conditions, or if taking medication, a doctor or pharmacist should be consulted before consumption. 1.4. Consumer Dispute Resolution: The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

2. Conclusion of Contract, Prices & Storage of the Contract Text 2.1. All prices stated in the online shop are final prices in euros and include the statutory German value-added tax (VAT). Any applicable shipping costs will be indicated separately before the completion of the ordering process. 2.2. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking the "Order with obligation to pay" (Kostenpflichtig bestellen) button, the customer submits a binding purchase offer. 2.3. A legally binding contract is only concluded when the Provider confirms the order by a separate declaration of acceptance via email or dispatches the goods to the customer. A mere confirmation of receipt of the order (order confirmation) does not constitute acceptance of the offer. 2.4. The text of the contract is not permanently stored by the Provider in a form accessible to the customer after the conclusion of the contract. However, immediately after placing the order, the customer will receive all relevant order data as well as these GTC via email, which can be printed out or saved. The contract language is German.

3. Terms of Payment & Default 3.1. The purchase price and any applicable shipping costs are due immediately upon conclusion of the contract without deduction. 3.2. Unless otherwise agreed in the ordering process, the customer shall pay in advance. The payment methods indicated in the online shop (e.g., credit card, PayPal) are available to the customer. 3.3. If the customer defaults on payment, the statutory provisions shall apply. The Provider reserves the right to claim default interest and further damages caused by default.

4. Shipping, Delivery Terms & Transfer of Risk 4.1. Delivery is made ex works (from the warehouse) to the delivery address specified by the customer. 4.2. If the customer is a consumer (pursuant to Section 13 of the German Civil Code / BGB), the Provider bears the shipping risk. The risk of accidental loss or accidental deterioration of the goods only passes to the customer upon handover of the goods to the customer. If, however, the customer is an entrepreneur (pursuant to Section 14 BGB), the risk passes to the customer as soon as the goods have been handed over to the carrier. 4.3. Partial deliveries are permissible, provided they are reasonable for the customer. The customer will not incur any additional shipping costs as a result.

5. Duty of Inspection and Requirement to Give Notice of Defects (Only for Entrepreneurs) 5.1. If the customer acts as a merchant within the meaning of the German Commercial Code (HGB), they are obliged to inspect the delivered goods immediately upon receipt and to report any obvious defects or transport damage to the Provider immediately in writing. 5.2. If such notification is omitted, the goods shall be deemed approved, unless it is a defect that was not recognizable during the inspection. This obligation expressly does not apply to consumers.

6. Retention of Title The delivered goods remain the property of the Provider until the purchase price has been paid in full.

7. Right of Withdrawal for Consumers Right of Withdrawal Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of withdrawal, you must inform us: Spitzweg-Apotheke, Sven Henneberger e.K., Günnigfelder Straße 70, 44866 Bochum, Phone: +49-2327/23 01 73, Fax: +49-2327/23 01 75, Email: info@spitzweg-apotheke-bochum.de, of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

 

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. End of the Right of Withdrawal

7.1. Important Exceptions and Exclusion of the Right of Withdrawal The right of withdrawal does not apply to contracts for the delivery of:

  • Goods that can spoil quickly or whose expiration date would be quickly exceeded.

  • Sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery (e.g., opened packaging of dietary supplements, bars, or powder media).

8. Warranty & Liability for Defects 8.1. The statutory warranty rights apply, unless otherwise agreed below. 8.2. For consumers, the limitation period for defect claims for new goods is 2 years from delivery of the goods. For entrepreneurs, the warranty period is limited to 1 year from delivery.

9. Limitation of Liability 9.1. The Provider is fully liable for damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty, as well as for other damages based on an intentional or grossly negligent breach of duty or fraudulent intent.

9.2. In the event of a breach of essential contractual obligations (cardinal obligations), the Provider is also liable for slight negligence, but in this case limited to typical, foreseeable contractual damages. 9.3. Liability for improper use or overdosing of the products by the customer is excluded. The consumption recommendations on the product packaging must be strictly observed.

10. Copyright and Image Rights All images, graphics, texts, and trademarks used on the website and in the online shop are protected by copyright. Any use, reproduction, or distribution without the express written consent of the Provider or the respective rights holder is prohibited.

11. Final Provisions 11.1. Contracts between the Provider and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11.2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall exclusively be the Provider's registered office (Bochum). 11.3. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. Last updated: May 2026