General Terms and Conditions with Customer Information

Last Update: 22. January 2025

Table of contents

1. Validity of the GTC

  • The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between CARDIOWORLD GmbH, Erich-Kiefer-Straße 8, 71116 Gärtringen (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products.
  • Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
  • 2. Ordering Process and Conclusion of Contract

  • The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
  • By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
  • A contract between the Customer and the Vendor may also be concluded by e-mail. The Customer may transmit a binding offer to the Vendor by e-mail or, in the event of the transmission of a binding offer by the Vendor, accept it by e-mail.
  • 3. Order Process and Conclusion of Contract on the Amazon Platform

  • The conditions of this section apply to orders placed via the Amazon platform. The purchase contract is concluded with the Vendor and not with Amazon.
  • The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
  • In addition to the ordering process via Amazon's "Shopping Cart" system, the Customer can complete the ordering process directly by pressing Amazon's "1-Click" or "Buy Now" buttons. In this case, an order is automatically created and sent to the delivery address provided by the Customer to Amazon. The order can then be changed or cancelled in the overview of orders in the "My Account" area. The purchase price is paid via the payment method deposited by the Customer at Amazon for the "1-Click" or "Buy Now" procedure. The Customer will be informed about the delivery and payment options by a separate notice and can also change the delivery and payment details in the "My Account" area. The use of the "1-Click" or "Buy Now" procedures may further require their activation by the Customer in their Amazon account.
  • The Vendor may accept the Customer's offer within five days (hereinafter referred to as the "Acceptance Period"). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer's offer by means of an explicit acceptance of the offer expressed by him or by Amazon, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor or Amazon to the Customer and at the latest by the completion of the payment process. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer's offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.
  • 4. Contract Text and Contract Language

  • The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
  • The contractual language is German, contracts can be concluded in this language.
  • The contract languages are German and English, contracts can be concluded in these languages.
  • 5. Prices and Shipping Costs

  • Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
  • Unless otherwise stated, all prices are net, plus the applicable statutory value added tax (VAT).
  • Information page with details of delivery and shipping costs: https://www.lactateplus.de/versand
  • 6. Payment Methods and Terms

  • When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
  • The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
  • If the Vendor assigns its payment claim against the Customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The contractual obligations of the Vendor towards the Customer, in particular the performance and warranty obligations, observance of withdrawals as well as contractual ancillary obligations shall not be affected by the assignment.
  • Prepayment - If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences..
  • Credit card payment - When placing an order, Customers provide their credit card details. The Customer's credit card will be charged immediately after completion of the order and after the Customer's authorisation as the legitimate cardholder.
  • Amazon - Payment is processed by Amazon, and the Customer can settle the payment amount owed by credit card or direct debit. The Vendor does not receive any payment data of the Customer from Amazon. Amazon offers for items sold through Amazon-Marketplace via the domain Amazon.de (i.e. items not sold by Amazon.de) and for items marked with the note "Shipping by Amazon" as additional payment methods the monthly invoice (here in cooperation with arvato Payments Solutions GmbH), financing (here in cooperation with '"Barclaycard", offered by Barclays Bank Ireland PLC Hamburg Branch), BLIK, Bancontact as well as iDeal and Przelewy24. In the case of the payment methods BLIK, Bancontact, iDeal and Przelewy24, the payment is debited immediately after completion of the order. In the case of payment methods credit card, direct debit, monthly invoice, financing, the payment is made after the shipment of goods. In case of iDEAL payment method the Customer needs a Dutch bank account, in case of Bancontact a Belgian bank account and in case of Przelewy24/BLIK a Polish bank account. Financing requires registration with Barclaycard. The use of the payment methods monthly invoice and financing requires a successful address and credit check of the Customer. More information about ordering through Amazon Marketplace: https://www.amazon.de/gp/help/customer/display.html?nodeId=GFBWMNXEPYVJAY9A. Further information on the accepted payment methods: https://www.amazon.de/gp/help/customer/display.html?nodeId=GFBWMNXEPYVJAY9A; Further information for Customers who are entrepreneurs and buy on account: https://www.amazon.de/gp/help/customer/display.html?nodeId=201961660; Information on the payment methods is also available to the Customer in the "My account" area under "Your payments".
  • PayPal - The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/legalhub/home and will be communicated to the Customer during the payment process.
  • PayPal Express - The customer pays the amount owed by means of the PayPal transaction.
  • PayPal Plus (PayPal) - The Customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.
  • PayPal Plus (Direct Debit) - The Customer can pay by means of PayPal's direct debit procedure even if he does not have a PayPal account. The Customer issues a SEPA direct debit mandate to PayPal. By issuing the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, which automatically debits the Customer's bank account. The Customer will be informed about the date of the debit of the bank account (referred to as "Pre-Notification").
  • PayPal Plus (Credit Card) - The customer can pay by credit card via PayPal even if he does not have a PayPal account. The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer's account is automatically debited.
  • In the context of the "PayPal Checkout payment method, the Vendor may use third party payment service providers for the purpose of payment processing. The following information applies to PayPal or the respective named third party payment service providers (collectively referred to as "Checkout payment service providers"). The terms and conditions of the Checkout Payment Service Provider communicated to the Customer shall apply. If the Vendor offers a purchase on account or payment by installments via the Checkout payment service provider, the Vendor reserves the right that a prerequisite of the payment method is a successful check of the address and creditworthiness of the customer by the Checkout payment service provider. The Vendor assigns the payment to the Checkout payment service provider. A debt-discharging payment can only be made to the Checkout payment service provider in accordance with the conditions and the selected, or stated, payment term of the Checkout payment service provider. In the event of payment by means of a SEPA direct debit mandate, the Customer shall issue a SEPA direct debit mandate to the Checkout payment service provider. By issuing the SEPA direct debit mandate, the Checkout payment service provider is authorized to initiate the payment transaction, which automatically debits the Customer's bank account. The Customer will be informed about the date of debiting the bank account (referred to as "Pre-Notification").
  • Amazon Pay - The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. The Customer will be redirected to Amazon Pay before completing the order and can choose from the payment methods offered at Amazon Pay. After the order is placed, the payment transaction is ordered via Amazon Pay. Further information and conditions: https://pay.amazon.com/.
  • Stripe - The use of Stripe may require registration for this payment method, depending on the selected payment methods. The payment transaction is carried out on the basis of Stripe's terms and conditions, which are also communicated to the Customer during the ordering process. Further information and conditions: https://stripe.com/de.
  • 7. Purchase on account

  • If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
  • For Customers who are Entrepreneurs, the following rules apply to the Products, which remain the property of the Vendor until full payment has been made (hereinafter referred to as "Retained Goods"). If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full. The Vendor shall retain title to the Retained Goods until all claims arising from an ongoing business relationship have been settled in full; the Customer shall be obliged, as long as title has not yet passed to him, to treat the Retained Goods with care. In particular, the Customer is obliged to insure it adequately at its own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Customer shall carry this out in good time at its own expense. The processing or transformation of the Retained Goods by the Customer shall always be carried out for the Vendor. If the Retained Goods are processed with other items not belonging to the Vendor, the Vendor shall acquire co-ownership of the new item in the ratio of the value of the Retained Goods to the other processed goods at the time of processing. In all other respects, the same shall apply to the goods created by processing as to the Retained Goods. The Customer also assigns the claim to secure the claims against him which arise against a third party as a result of the combination of the Retained Goods with a real property. Access by third parties to the Retained Goods owned or co-owned by the Vendor shall be reported by the Customer immediately. The Customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The Customer shall be entitled to resell the Retained Goods of title in the ordinary course of business. The Customer hereby assigns to the Vendor by way of security all claims arising from the resale or other legal grounds in respect of the Retained Goods of title (including all current account balance claims). The Vendor revocable authorises the Customer to collect the claims assigned to the Vendor for its account and in its own name. This direct debit authorisation may be revoked if the Customer does not duly meet its payment obligations. The Vendor undertakes to release the securities to which the Vendor is entitled at the Customer's request if their total sales value exceeds the sum of all outstanding claims of the Vendor arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The choice of the securities to be released is incumbent on the Vendor.
  • 8. Delivery, Availability of Goods

  • The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
  • If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
  • Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
  • If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
  • In the case of delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Vendor, the Vendor shall not be responsible for such delays with respect to Customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Vendor shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to Customers who are entrepreneurs in cases of unforeseeable events which affect the operations of a pre-supplier and for which neither the pre-supplier nor the Vendor are responsible. For the duration of such hindrance, the Customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the Customer, the Customer may withdraw from the contract by means of a written declaration after a reasonable period of time to be set by the Customer or after mutual consultation with the Vendor.
  • For Customers who are Entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer as soon as the Vendor has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment; the stated delivery dates and deadlines are not fixed dates, subject to any promises and agreements to the contrary.
  • 9. Instructions on Withdrawal

  • The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal.
  • 10. Warranty and Liability

  • The warranty (liability for defects) and liability for other poor performance are subject to statutory provisions, except as otherwise provided.
  • Notwithstanding the liability provisions of these GTC, material defects shall become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the recourse of the entrepreneur.
  • The Customer's rights of recourse against the Seller within the scope of the entrepreneur's right of recourse in the case of purchases of consumer goods, which cannot be excluded by law, shall not be restricted.
  • 11. Final provisions

  • The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively 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 place of jurisdiction shall be at the Vendor's (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor's country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.
  • 12. Dispute Resolution

  • The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
  • We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.
  • Legal text by Dr. Schwenke - please click for further information.