GENERAL TERMS AND CONDITIONS OF ARKTIS BIOPHARMA GMBH & CO. KG

§1 scope

These general terms and conditions are the basis and part of all goods delivery or purchase contracts between us, Arktis BioPharma GmbH & Co. KG, Managing Directors: Mr. Dennis Fechner, Ms. Sabrina Fechner, Westerhaar 16, 58739 Wickede, Telephone: +49 (0) 23 77. 80 59 90. 0, fax: +49 (0) 23 77. 80 59 90. 69, email: post@arktisbiopharma.com hereinafter referred to as the ‘Arktis’, and private customers or buyers (consumers) as well as commercial customers or customers (customers).

Consumers Terms and Conditions are natural persons with whom Arktis enters into a business relationship without being able to be attributed to a commercial or independent professional activity. Commercial customers in the sense of Business terms and conditions are natural or legal persons or partnerships with legal personality, with whom a business relationship is entered into, who act in the exercise of a commercial or independent professional activity. Customer i.S.d. Terms and conditions are both consumers and entrepreneurs. We ask for your understanding that we will only recognize conflicting or deviating conditions of a customer if we have expressly agreed to them in individual cases.

§2 conclusion of contract

All offers from Arktis are subject to change. The products from Arktis are natural products, so that changes in shape, color and / or weight due to nature do not constitute a defect and must be reserved within reason.With the order of a product, the customer bindingly declares the ordered goods as want to acquire the above terms and conditions from Arktis. Arktis is entitled to accept the contract offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivering the goods to the customer. If the customer orders the goods electronically, Arktis will immediately confirm receipt of the order. The confirmation of receipt does not yet constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance. The contract is concluded subject to the correct and timely delivery by the supplier. This only applies in the event that the non-delivery is not the responsibility of Arktis, especially if Arktis concludes a congruent hedging transaction with a supplier.Orders will be informed immediately if the service is not available. In this case, any consideration already paid will of course be immediately reimbursed to the customer.If the customer orders the goods electronically, the contract text will be saved by Arktis and sent to the customer on request along with the present terms and conditions by e-mail.

§3 delivery / delivery times

In the case of a mail order sale, we endeavor to deliver goods that can be sent by post within 1-5 working days after ordering. In the case of bulky goods being dispatched, the freight forwarder or the supplier commissioned to deliver Arktis will contact the customer to arrange a delivery date / Delivery of the goods 14 working days.

§4 prices / terms of payment

Unless otherwise stated in the offer or the order confirmation, all prices apply to us “from Arktis headquarters”. Statutory value added tax is included in the Arktis prices and is shown separately on the invoice at the statutory rate on the day of invoicing. Shipping costs will be invoiced separately to the customer. Errors excepted for all Arktis prices and discounts on the Internet, brochures or other advertising media. All offers from Arktis are subject to change. All agreements should always be stated in writing. For deliveries to countries outside the European Union, the prices will be reduced by the German sales tax included; Country-specific import sales tax or customs is to be paid by the purchaser. The deduction of a discount requires a special express agreement. Unless otherwise agreed, the ordered goods are due for payment upon receipt of the order. The purchaser must pay for the goods promptly and free of charge by direct debit or bank transfer; we are fundamentally obliged to dispatch ordered goods only after receipt of payment. Should we exceptionally make a shipment before receipt of payment, the goods remain our property until full payment has been made. If the customer defaults on payment, default interest is charged at the statutory rate, namely currently five percent above the base rate for consumers and eight percent above the base rate for commercial customers. Arktis reserves the right to claim higher damage caused by delay. An orderer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. The purchaser is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§5 TRANSFER OF RISK

The risk of accidental loss and accidental deterioration of the goods only passes to the buyer when the goods are handed over. The handover is the same if the buyer is in default of acceptance. If Arktis sends the goods to a place other than Arktis’ place of business at the request of the customer, the risk passes to the customer as soon as Arktis hands the goods over to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. This does not apply if the customer is a consumer.

§6 WARRANTY

Arktis is obliged to provide the customer with the goods free of material and legal defects. The goods must be free of defects at the time the risk passes to the customer. The Arktis sales goods are natural products, so that natural changes in shape, color and / or weight do not constitute a defect and must be reserved within reason. In the event of a material defect, the purchaser’s warranty claims are initially limited to the right of subsequent performance. If the customer is an entrepreneur, Arktis initially provides warranty for defects in the goods at its own discretion by means of rectification or replacement delivery. If the buyer is a consumer, he first has the choice of whether the supplementary performance should take the form of rectification or replacement delivery. If the customer is not a consumer, but a commercial customer, the aforementioned option is only available to the Arktis. The supplementary performance requested by the customer or offered by Arktis must be carried out within a reasonable period. However, Arktis is entitled to refuse the type of supplementary performance chosen if it is only possible for Arktis with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer. If the subsequent performance fails, the purchaser can in principle demand a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). In the event of a minor breach of contract, in particular in the case of only minor defects, the customer has no right of withdrawal. The commercial customer must immediately report obvious defects in writing in accordance with the provisions of the HGB. Decisive for the observance of the deadline is the receipt of the information at Arktis. If the commercial customer fails to provide this information, the warranty rights due to this defect expire after the statutory notice period has expired, insofar as the Arktis cannot be blamed for malice because of the defect. The burden of proof for the point in time of the discovery of the defect then lies with the customer. If the purchaser has been persuaded by incorrect manufacturer statements to buy the item, the burden of proof is on him to make his purchase decision. If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he is not entitled to claim compensation for the defect. If the customer chooses compensation after failed subsequent performance, the goods remain with the customer if this is reasonable. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if Arktis has fraudulently caused the breach of contract. Further claims for damages due to breach of duty remain unaffected. For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. In the case of used items, the limitation period is one year from delivery of the goods. It should be noted, however, that Arktis products are natural products, so it is in the nature of these products to have only a limited expiration date. The customer must therefore store the products carefully and as dry and cool as possible in accordance with the relevant packaging instructions. Guarantees generally only relate to the guarantee declared by the manufacturer of the goods, unless the Arktis explains otherwise in individual cases or the parties have not agreed otherwise. Insofar as products with a manufacturer’s guarantee or a guarantee from the manufacturer are sold, the claims of the buyer based on this guarantee are directed exclusively against the manufacturer according to its guarantee conditions.

§7 LIMITATION OF LIABILITY

In the case of slightly negligent breaches of duty, Arktis’ liability is limited to the direct average damage that is foreseeable and typical for the type of goods. This also applies to slightly negligent breaches of duty by the legal representative or vicarious agent. Arktis is not liable to commercial buyers in the event of slightly negligent violation of insignificant contractual obligations. The above limitations of liability do not affect the purchaser’s claims arising from product liability. Furthermore, the liability restrictions do not apply to physical and health damage attributable to the Arktis or if the customer’s life is lost. Claims for damages by the purchaser due to a defect become statute-barred one year after delivery of the goods. This does not apply if the Arktis can be accused of malice or gross negligence, as well as in the event of damage to body and health or the loss of the customer’s life, insofar as this is attributable to the Arktis.

§8 RESERVATION OF OWNERSHIP

The delivered goods remain the property of Arktis until full payment. The customer is required to handle the product with care. The customer is particularly obliged to use and / or use the goods only in compliance with the packaging instructions given to them. Until the goods have been paid for in full, the customer is obliged to inform Arktis immediately of any third-party access to the goods, such as in the event of a seizure, as well as any damage or destruction of the goods. Likewise, he must immediately notify Arktis of a change of ownership of the goods or of his own change of residence until the goods have been paid for.

§9 Right of withdrawal and right of withdrawal for end consumers

Right of withdrawal for goods

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Arktis BioPharma GmbH & Co. KG, Westerhaar 16, 58739 Wickede, Germany, post@arktisbiopharma.com, phone: +49 237 780 599 00) by means of a clear statement (e.g. one sent by post Letter, fax or email) about your decision to cancel this contract. You can use the attached model withdrawal form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we have made all payments to you that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functioning of the goods.

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

  • To Arktis BioPharma GmbH & Co. KG, Westerhaar 16, 58739 Wickede, Germany, post@arktisbiopharma.com
  • Hereby I / we (*) cancel the contract concluded by me / us (*) for the purchase of the following
    Goods (*) / the provision of the following service (*)
  • Ordered on (*) / received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer (s) (only for notification on paper)
  • Date

(*) Delete where inapplicable.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must inform us (Arktis BioPharma GmbH & Co.KG, Westerhaar 16, 58739 Wickede, Germany, post@arktisbiopharma.com, Telephone: +49 237 780 59900) by means of a clear statement (e.g. one sent by post Letter, fax or email) about your decision to cancel this contract. You can use the attached model withdrawal form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.

Consequences of cancellation for services

If you cancel this contract, we have made all payments to you that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should start during the cancellation period, you have to pay us a reasonable amount, which is the proportion of the services already rendered in the service up to the point in time when you inform us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided in the contract.
The right of cancellation does not exist for the following contracts:

  • Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, vehicle rental, delivery of food and beverages and for the provision of other services in connection with leisure activities if the contract provides for a specific date or period for the provision.

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

  • To Arktis BioPharma GmbH & Co. KG, Westerhaar 16, 58739 Wickede, Germany, post@arktisbiopharma.com
  • Hereby I / we (*) cancel the contract concluded by me / us (*) for the purchase of the following
    Goods (*) / the provision of the following service (*)
  • Ordered on (*) / received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer (s) (only for notification on paper)
  • Date

(*) Delete where inapplicable.

§10 PLACE OF PERFORMANCE / JURISDICTION

The place of fulfillment and place of jurisdiction for commercial customers is Arktis’ place of business, unless otherwise required by law. Only German law applies to the respective contracts. This also applies if the customer is based abroad.

§11 DATA PROTECTION

All personal data are treated confidentially, Arktis observes applicable data protection law. The data necessary for the business transaction is saved and, as part of the contract execution, also given to third parties whose services Arktis uses to process the contractual obligations. This only happens if the members’ interests worth protecting are not impaired. Arktis is particularly entitled to transmit the customer data to third parties if this is necessary for the purpose of assignment or collection of the claim. The address data is collected and processed for internal marketing purposes. When processing data, the customers’ concerns worthy of protection are taken into account in accordance with the statutory provisions. Customers can object to the use and processing of their data for marketing purposes at any time by notifying Arktis by email, fax or post or withdrawing their consent.

CONTACT INFO:
Arktis BioPharma GmbH & Co. KG
Westerhaar 16
D-58739 Wickede (Ruhr)

Telephone:+49 (0) 2377. 80 59 90. 0
Fax:+49 (0) 2377. 80 59 90. 69
E-Mail:post@arktisbiopharma.com

§12 SEVERABILITY CLAUSE

Should one of the aforementioned provisions be or become partially or completely ineffective, the remaining provisions will not be affected. As far as legally permissible, the ineffective provision is replaced by the effective provision that the parties would have agreed if they had known of the ineffectiveness of the provision at the time the contract was concluded.

§13 FINAL REMARK IN OWN PROPERTY

For legal reasons, we are required to make the above conditions in this form and content.

However, since we are convinced of our products and we only want to have satisfied customers, we reserve the right – without prejudice and acknowledgment of a legal obligation – to offer our customers goodwill. If you are therefore unsatisfied with our products, for whatever reason, you can always contact us as a customer, even if statutory periods have expired or a defect i. S. of the law does not exist. We will then be on this as part of the goodwill.

On the other hand, we know that despite our constant efforts to meet our obligations to you as a customer as quickly and perfectly as possible, we may occasionally make mistakes. If this should ever be the case, please call us and we will iron it out immediately.

Otherwise we wish all our customers a lot of fun with our products.

Arktis BioPharma GmbH & Co. KG
58739 Wickede (Ruhr)
Updated: June 2015

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.