STC for distance contracts
The following STCs also contain legal information about your rights pursuant to the regulations concerning distance contracts.
1. Scope of Application and Provider
- These standard terms and conditions of business shall apply to all contracts concluded by a consumer or businessperson with us,
Dr. Health Programs B.V.
Postbus 657, 6400 AR Heerlen, The Netherlands
Commercial Register No. 06086003
Telephone: +31 - 457 - 111 112
Fax: +31 - 457 - 111 119
- Consumer means every natural person who concludes a legal transaction for the purposes that are not mainly attributable to his commercial or independent professional activity. We shall not accept any of the customer’s contradicting or differing terms and conditions, unless we have expressly consented to their application.
2. Ordering Process and Conclusion of Contract
(1) The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. The customer can choose from our selection of goods and collect the products in a so-called shopping cart. By clicking the button “buy now”, a binding order of the products in the shopping cart and an offer to conclude a purchase contract is made. Prior to finishing the ordering process, the customer can at any time view and change entered data. The offer to conclude a purchase contract can only be made by ticking the box(es) agreeing with the Terms of Service and acknowledging the Cancellation Information.
(2) The receipt of the order is confirmed by an automatic email. This automatic order confirmation does not, however, represent an acceptance of the customer’s offer. The order confirmation only lists the customer’s ordered goods. A contract is concluded only when we accept your order by declaring our acceptance or by delivering the ordered goods to you. We are free to decide whether to accept an order.
3. Delivery, availability and reservation of ownership
- Delivery of the goods shall take place within 5 working days of receipt of the order or – if prepayment is agreed – within 5 working days of receipt of payment. We will point out any different delivery periods on the item page or during the ordering process, e.g. by telephone.
- We are entitled to make partial deliveries if you can reasonably be expected to accept this.
- We deliver by either parcel service, post or forwarding company.
- The delivered goods remain our property until all of our claims against you – now or in the future – are settled.
4. Terms of payment, prices and delivery costs
- The tables below show the payment types for the respective delivery area and order.
- All prices listed by us include the respective applicable VAT.
- In addition to the listed prices, an additional shipping fee which is listed explicitly during the ordering process, e.g. on the printed ordering form, is due. If payment on delivery is selected, the same applies.
- In case of payment on delivery, payment of the entire sum (purchase price, shipping fee and cash on delivery fee, if applicable) is due to the deliverer.
- In case of an order by way of the printed order form, a subscription order is possible. The 1sts or 15th day of a month may be chosen as delivery date. A processing fee of € 6.90, including statutory value added tax and all other price components, shall be charged for every amendment to a subscription order. The product combination of a subscription can be changed period of 14 days to the next delivery date.
5. Right of cancellation
According to the statutory provisions you have a right of cancellation if you are consumer. We inform you on this right according to the statutory provisions in the following. A standard cancellation form is available here.
You have the right to cancel this contract without specifying any reasons within 14 days. The deadline for cancellation is 14 days from the day on which you or a third person nominated by you, who is not a consignor, gains possession of the goods.
To exercise your right of cancellation, you must inform us
Dr Rath Health Programs B.V.
Sourethweg 9, 6422 PC Heerlen, The Netherlands
Telephone: +31 - 457 - 111 112
Fax: +31 - 457 - 111 119
of your decision to cancel this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the standard cancellation form available here and included with your delivery, although this is not a requirement.
To comply with the cancellation period, it is sufficient that the notice concerning the exercise of the right of cancellation is sent off to us before expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must return all payments received from you, including delivery costs (excluding additional costs arising from your choice of a different type of delivery to the standard delivery offered by us), without delay and – at the latest – within 14 days from the day on which the notice concerning your cancellation of this contract was received by us. For this refund we shall use the same payment method as you used for the original transaction unless we expressly agreed otherwise with you; in no event will you be charged for this refund. We can refuse to make the refund until we have received the goods back or you have produced evidence that you have returned the goods, whichever is earlier.
You must send back or hand over the goods to us without delay and in any event within 14 days of the day on which you inform us about the cancellation of this contract. This deadline shall be complied with if you send the goods off to us before the expiry of the 14 day period. We shall bear the cost of returning the goods. You are only responsible for any decrease in the value of the goods if this decrease in value is attributable to handling the goods other than is necessary to inspect the qualities, characteristics and functioning of the goods.
END OF THE CANCELLATION INFORMATION
6. Data protection
- During the order process, we collect, process, store and use the following data: form of address, name, home address, delivery address, date of birth, email address, telephone number, depending on the billing information chosen bank details, credit card data (name of card holder, credit card number, validity date, security number).
- We store your data in order to fulfil the contract including the communication prior to concluding the contract and delete it as soon as we are no longer legally obligated to store it, i.e. after we have fulfilled our contract and when the obligations under tax and commercial law to retain data have ceased. In order to deliver your ordered goods to you, we transmit your name and delivery address to the commissioned shipping company. In order to facilitate payment, we transmit your bank details or credit card data to the commissioned credit institute. The legal basis for this data processing is Art. 6 Sec. 1 Sentence 1 lit. b) GDPR since this data is necessary in order to fulfil our contractual obligations. Without collection, storage or processing of the mandatory fields, fulfilling the contract is impossible.
- If you inform us of your email address, you will regularly receive product information by email. You will receive this product information independently from any newsletter subscription. You can object to this at any time. A message in text form to the above contact data (e.g. e-mail, fax, letter) is sufficient for this. Of course, you will also find an unsubscribe link in every e-mail. The legal basis for this data processing is Art. 6 Sec. 1 Sentence 1 lit. f) GDPR since the targeted information of existing customers is our legitimate interest.
If a product delivered by us is defective, you are entitled to the statutory warranty rights.
8. Applicable Law
These standard terms and conditions of business and the entire business relationship between us are subject to Dutch law. This choice of law shall only apply to consumers if it does not deprive them of the protection awarded by the mandatory provisions of the law of the state in which they habitually reside.
9. Concluding provisions
- Amendments or supplements to these standard terms and conditions of business or the contracts they form part of are required to be made in text form. This shall also apply to the removal of this requirement for text form.
- If individual provisions of these standard terms and conditions of business, or the contracts they form part of, are or become invalid, the validity of the other provisions of these standard terms and conditions of business and the contracts shall not be affected. The legally invalid provision shall be replaced by the legally valid provision which comes closest to achieving the economic purpose of the legally invalid provision. The above rule shall apply analogously in the event of any gaps.