General Terms and Conditions and Cancellation Policy of Sanopoly GmbH (www.sanopoly.com)
§ 1 Scope of application
(1) These General Terms and Conditions (hereinafter referred to as "GTC") of Sanopoly GmbH, Max-Planck-Str. 20, 63303 Dreieich (hereinafter referred to as "Sanopoly GmbH") apply only to consumers pursuant to § 13 of the German Civil Code [BGB], i.e. any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity (hereinafter referred to as "Customers").
(2) For the business relationship with our customers, including information and advice, these General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Any deviating terms and conditions of the customer shall not apply.
(3) References to the validity of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply insofar as they are not directly amended or excluded in these General Terms and Conditions.
§ 2 Conclusion of contract
(1) The customer's order addressed to Sanopoly GmbH constitutes an offer to conclude a sales contract.
(2) The customer can select products from the Sanopoly GmbH product range, in particular vitamin preparations and dietary supplements, and collect them in a so-called shopping basket by clicking the "Add to shopping basket" button. The customer can choose between a one-off delivery/purchase or a subscription ("savings subscription") in accordance with § 3 below.
(3) The Customer submits a binding request to purchase the products in the shopping basket via the "Order at cost" button. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these GTC by ticking the box "I have read and agree to the GTC, data protection declaration and revocation instructions" and has thereby included them in his application.
(4) Sanopoly GmbH will then send the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print using the "Print" function. The automatic acknowledgement of receipt merely documents that the customer's order has been received by Sanopoly GmbH and does not constitute acceptance of the application. The contract is not concluded until Sanopoly GmbH has submitted a declaration of acceptance, which is sent by a separate e-mail ("order confirmation"), or until the goods have been dispatched to the customer. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of order, GTC and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection regulations.
(5) The contract is concluded in German.
§ 3 Subscription ("savings subscription")
(1) If the customer chooses a subscription ("savings subscription") as part of an order, a subscription contract is concluded with Sanopoly GmbH for the fixed term specified in the order (6, 12 or 24 months). The subscription contract is also only concluded when Sanopoly GmbH accepts it (cf. § 2 Para. (4)).
(2) The start of delivery depends on the date stated in the order or on the next possible sales date. Subsequent deliveries shall be made once a month to the delivery address specified by the customer. Name changes and changes of address must be communicated to Sanopoly GmbH immediately in text form in order to ensure correct and punctual delivery. In the event of non-delivery of products due to a notification that has not been made or has been made late, the customer shall bear the additional costs incurred as a result (in particular the costs of return shipment and reshipment).
(3) The "Savings Subscription" has a fixed term of 6, 12 or 24 months and can be terminated with a notice period of 4 weeks to the end of the fixed term. After the fixed term has expired, the "savings subscription" is extended indefinitely and can be terminated at any time with a notice period of 4 weeks.
(4) The subscription prices stated include statutory value-added tax. Payment by the customer must be made in advance for the entire subscription period, but not more than 24 months in advance. Payment shall be made via the means of payment offered in the web shop of Sanopoly GmbH (currently by PayPal, direct debit, credit card, invoice, advance payment or cash on delivery).
§ 4 Terms of delivery/payment
(1) Delivery times stated by Sanopoly GmbH shall be calculated from the date of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If for the respective products in our on-line shop www.sanopoly.com no or no deviating delivery time is indicated, this amounts to approx. 7 days.
(2) If no copies of the product selected by the customer are available at the time the order is placed, Sanopoly GmbH shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, Sanopoly GmbH shall refrain from issuing an order confirmation. In this case, a contract shall not be concluded.
(3) All prices quoted on the Sanopoly GmbH website are inclusive of the applicable statutory value-added tax. The purchase price becomes due upon receipt of the products by the customer and must be paid within 14 days of delivery of the goods and receipt of the invoice at the latest. The customer can also pay in the web shop via PayPal, direct debit, credit card, invoice (not possible as a "guest"), prepayment or cash on delivery.
(4) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Dispatch and delivery costs are indicated in the context of the order and are observable in all other respects under https://www.sanopoly.com/de/zahlung-versand/
§ 5 Retention of title
Sanopoly GmbH retains title to the delivered goods until the purchase price has been paid in full.
§ 6 Withdrawal
Sanopoly GmbH reserves the right to withdraw from the contract if the customer is in default of payment. The legal claims of the customer remain unaffected.
§ 7 Customs duties/import tax
Imports of goods into countries outside the European Union may be subject to import duties. These have to be paid by the customer. The import duties vary in the customs territories. The customer is responsible for the proper collection of the necessary customs duties and fees. Import duties are not shipping costs. Sanopoly GmbH does not charge VAT for deliveries to non-EU countries.
§ 8 Warranty
(1) Sanopoly GmbH shall be liable for material defects in accordance with the applicable statutory (warranty) provisions, in particular §§ 434 ff. of the German Civil Code. BGB (GERMAN CIVIL CODE). An additional guarantee exists for the goods delivered to Sanopoly GmbH only if this was expressly stated in the order confirmation for the respective article.
(2) The limits set out in § 9 below shall apply to compensation for damages or reimbursement of futile expenses incurred by the customer.
§ 9 Exclusion of liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations ("cardinal obligations") as well as liability for other damages based on an intentional or grossly negligent breach of duty by Sanopoly GmbH, its legal representatives or vicarious agents. Material contractual obligations (cardinal obligations) are those that characterise the contract and whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, Sanopoly GmbH shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions in paragraphs (1) and (2) shall also apply in favour of the legal representatives and vicarious agents of Sanopoly GmbH if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs (1) and (2) shall not apply if Sanopoly GmbH fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same shall apply if Sanopoly GmbH and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
§ 10 Cancellation policy
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Sanopoly GmbH, Max-Planck-Str 20, 63303 Dreieich, firstname.lastname@example.org, telephone: +49-6103-3767740) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods.
You 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 testing their condition, properties and functionality.
Exceptions to the right of withdrawal
The right of revocation does not apply to contracts for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and the sealing of which was removed after delivery.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Sanopoly GmbH, Max-Planck-Str 20, 63303 Dreieich, email@example.com
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate.
§ 11 Data protection
(1) The data necessary for order processing will be processed and stored in accordance with the Federal Data Protection Act ("BDSG") and the Basic Data Protection Ordinance ("DSGVO"). All personal data will be treated confidentially. The customer has a right to information as well as a right to correction, blocking and deletion of the stored data.
(2) In addition, we refer you to our data protection declaration, which is available at https://www.sanopoly.com/de/datenschutz/
§ 12 Rights of use and copyrights
For documents, texts, pictures and other information published in the advertising material of Sanopoly GmbH and on its homepage, the copyright law applies without restriction. In particular, individual reproductions, e.g. copies and printouts, may only be made for private use. The production of further reproductions is not permitted without the express written permission of Sanopoly GmbH. The user is responsible for compliance with legal regulations and may be held liable in the event of misuse.
§ 13 Final provisions
(1) Contracts between Sanopoly GmbH and the customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions limiting the choice of law and the applicability of mandatory (consumer protection) provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
(2) The EU Commission provides a platform for out-of-court settlement of disputes. This gives consumers the opportunity to initially settle disputes in connection with their online order out of court. The dispute resolution platform can be found at: https://ec.europa.eu/consumers/odr/ In addition, Sanopoly GmbH does not participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
(3) For complaints or questions relating to our products, customers can contact us at any time by telephone, in writing or by e-mail at the following address
63303 Dreieich, Germany
Local Court Offenbach am Main, HRB 45070
VAT ID No. DE273524545
Managing Director: Jan Veen
(4) Amendments and supplements to these GTC require text form. This also applies to this text form agreement itself. The priority of the individual agreement according to § 305b BGB remains unaffected by this.