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General Terms and Conditions (GTC)

Welcome to www.zimplynatural.com (hereinafter "Online Shop")!

Please read our General Terms and Conditions (GTC) carefully. At this point it should be mentioned in advance that we adapt our terms and conditions from time to time, for example, to take into account changes in the legal framework or an expanded product range. For this reason, we ask you to read the terms and conditions thoroughly in the context of each individual order.
so that you are aware of the current terms and conditions at the time of ordering. For each individual order, the current terms and conditions at the time of order apply.

1. scope of application/contractual partners/language of contract

  1. These GTC apply to all contracts concluded between you and us via our online store. In this context, "us" means ZIMPLY NATURAL GmbH (hereinafter "ZNG") with its registered office at Landwehrstr. 35, 80336 Munich, Germany (Amtsgericht München, HRB 264827). ZNG is represented by its managing director Dr. Markus Kick, who has sole power of representation. You can reach us for questions as well as complaints under +49 (0)89 21 52 76 17 and kontakt@zimplynatural.de.
  2. When you order an individual prescription drug through us, your contract partner is one of the following pharmacies ("partner pharmacy"):

    Herz-Jesu Apotheke (owner: Dr. Andre Vicariesmann), Hauptstraße 57, 51789 Lindlar (Cologne Local Court, HRA 16619).
    Dr. Vicariesmann's professional title is pharmacist, awarded by Germany. His pharmacy is under the supervision of the Apothekerkammer Nordrhein. The professional regulations of the Apothekerkammer Nordrhein apply (regulations can be viewed at: https://www.aknr.de).
    Contact details:
    Phone: +49 (0)2266/459819
    Fax: +49 (0)2266/459821
    Email: info@herz-jesu-apotheke.de

    Rosen Apotheke (owner: Nadja Wehner e.K.), Happinger Straße 77 b, 83026 Rosenheim (Traunstein District Court, HRA 111040).
    Nadja Wehner's professional title is pharmacist, awarded by Germany. Her pharmacy is under the supervision of the Bavarian State Chamber of Pharmacists. The professional regulations of the Bavarian State Chamber of Pharmacists apply (regulations can be viewed at: https://www.blak.de).
    Contact details:
    Phone: +49 (0)8031/9416969
    Fax: +49 (0)8031/9412355
    Email: info@rosenapotheke-rosenheim.de

    St. Hubertus Pharmacy (Owner: Reinhard Eger e.K.), Schönfließer Str. 16, 16540 Hohen Neuendorf (Neuruppin Local Court, HRA 1001).
    Reinhard Eger's professional title is pharmacist, awarded by Germany. His pharmacy is under the supervision of the Brandenburg State Chamber of Pharmacists. The professional regulations of the Brandenburg State Chamber of Pharmacists apply (regulations can be viewed at: https://www.lakbb.de).
    Contact details:
    Phone: +49 (0)3303/402525
    Fax: +49 (0)3303/5095541
    Email: kontakt@sankthubertusapotheke.de

    Adler Apotheke (owner: Philipp Aude e.K), Häuslerei 1, 19260 Vellahn (Schwerin Local Court, HRA 2657).
    Philipp Aude's professional title is pharmacist, conferred by Germany. His pharmacy is under the supervision of the Chamber of Pharmacists Mecklenburg-Vorpommern. The professional regulations of the Chamber of Pharmacists Mecklenburg-Western Pomerania apply (regulations can be viewed at: https://akmv.de).
    Contact details:
    Phone: +49 (0)38848/20316
    Fax: +49 (0)38848/20725
    Email: kontakt@adler-apotheke-vellahn.de

    Apotheke Am Zoopark (owner: Claudia Minnella e.K.), Julius-Leber-Ring 5a, 99087 Erfurt (Jena Local Court, HRA 102433).
    Claudia Minnella's professional title is pharmacist, awarded by Germany. Her pharmacy is under the supervision of the Thuringian State Chamber of Pharmacists. The professional regulations of the Thuringian Chamber of Pharmacists apply (regulations can be viewed at: https://www.lakt.de).
    Contact details:
    Phone: +49 (0)361/7454736
    Fax: +49 (0)361/79693022
    Email: info@apo-am-zoopark.de
 
 
 

2. minimum age, subject of performance and conclusion of contract

  1. The minimum age for ordering from ZNG is 18 years. 
  2. ZNG does not provide any therapeutic or pharmaceutical services itself. ZNG enables you to create a naturopathic individual prescription ("mixed prescription") via a "configurator" on the platform www.zimplynatural.com.
  3. You can purchase the mixing instructions from ZNG. ZNG will then send you the mixing instruction as a PDF document by e-mail. The mixing instructions specify the ingredients and the respective proportions of the ingredients. You can then have the prescription drug manufactured as a prescription drug at a pharmacy of your choice on the basis of the purchased mixing instructions and purchase and pay for it directly at the pharmacy.
  4. Alternatively, you can purchase the individual prescription drug via ZNG. In this case ZNG mediates and organizes the conclusion of the contract with the partner pharmacy (see above) and the contract processing (including the payment processing). The production of the prescription drug is carried out by the partner pharmacy in accordance with the regulations of the Pharmacy Operations Code, therefore the preparation is alcohol-based. All prescription drugs contain between 22 vol. % and 30 vol. % alcohol, depending on the mixture. The pharmacy has a shipping license according to § 11a Pharmacy Act and transfers the manufactured drug to a shipping service provider (currently DHL). The transfer to the shipping service provider usually takes place within two working days. During the ordering process and afterwards, you can ask our partner pharmacy questions about your prescription drug at any time and get free advice (see above for contact details). A prerequisite for the delivery of medicines is that you provide a telephone number when ordering, where the pharmaceutical staff of the pharmacy can reach you to advise you if necessary (at no additional cost to you). The consultation hours are as follows: Monday to Friday (weekdays) from 08:00 to 18:00 and on Saturdays, which are working days, from 8:00 to 12:30.
  5. The ZNG configurator guides you to the recommended mixing instructions based on various questions. The configurator includes different questions about symptoms, pre-existing conditions and/or any allergies, as well as any medications, life circumstances and other information.
  6. The configurator and its contents are continuously monitored, evaluated and further developed both technically and professionally. The configurator merely represents the therapeutic knowledge of our team of therapists in terms of software. However, the configurator itself does not influence the composition of the recommended prescription drug, does not analyze your data independently, and does not use artificial intelligence or the like. Accordingly, the configurator is not a medical product and in particular is not intended to serve the detection, prevention, monitoring, treatment or alleviation of diseases.
  7. Tobias Eisenkolb, a non-medical practitioner, is technically responsible for the healing therapy knowledge depicted in the configurator. Tobias Eisenkolb is also responsible for quality control and regular further development of the configurator. For quality assurance reasons, our therapists randomly check mixing instructions issued by the configurator at regular intervals.
  8. We would like to point out at this point that for the mixed instruction as well as for the naturopathic prescription drug ordered by you via ZNG, if applicable, scientific proof of efficacy (both with regard to complaints and pre-existing conditions) is naturally not available. You can find more information about the naturopathic procedure on which the prescription is based here: https://www.zimplynatural.com/de/rezepturarzneimittel

3. no medical diagnosis or advice; customer's duty of care

  1. ZNG's Configurator does not constitute, and is not intended to replace, a medical diagnosis or consultation. Do not discontinue any medically prescribed or recommended medication because of taking the prescription drug ordered through ZNG. In case of doubt, consult a doctor. This is especially true if your symptoms worsen.
  2. You are responsible for your own safety:
    • Before taking the medicine, check if you have received the ordered medicine (check that there is no wrong delivery)
    • Before taking the drug, check whether the outer packaging and any seal are intact or whether the package or spray bottle is damaged
    • Check the expiration date printed on the package or spray bottle before taking the medicine.
    • Before taking the drug carefully read and follow the applied dosing instructions and other instructions.

4. order process, delivery and prices

  1. You can place your configured prescription drug or your individual mixing instructions in a virtual shopping cart by clicking the "Buy now" button. After entering your delivery and billing address and making various declarations (e.g. on the inclusion of these GTC and on data processing) by actively clicking on "checkboxes", you can complete the ordering process by clicking on the "Order subject to payment" button. By doing so, you make an offer to purchase the mixing instruction from us or to purchase the prescription drug from the partner pharmacy. Before submitting an order, you have the opportunity to check and correct the data entered in the order form at any time.
  2. When you order a mixing instruction, ZNG will send you an order confirmation. This concludes the contract with ZNG. In the order confirmation your order is summarized again. ZNG will then send you the mixing instruction as a PDF document in another e-mail.
  3. If you purchase the prescription drug through ZNG from our partner pharmacy, the process is as follows:
    1. You purchase a digital voucher from ZNG for an individual prescription drug that is accepted by our partner pharmacy for payment of the drug manufactured by the pharmacy and shipped to you.
    2. The voucher will be redeemed by ZNG for you at the partner pharmacy. If the voucher is not redeemed at the partner pharmacy after purchase (see below), you can cancel the voucher at any time by sending us a message in text form. If you do not cancel the voucher, you can redeem the voucher until the end of the third year after the purchase of the voucher. A resale of the voucher is not possible.
    3. The purchase contract for the prescription drug with the partner pharmacy is not concluded until you receive confirmation of the shipment of the prescription drug. The automatic order confirmation from ZNG by e-mail, in which your order is summarized, does not yet represent an acceptance of the offer. The reason for this is that the partner pharmacy has certain inspection obligations under pharmacy law and therefore also reserves the right, if from its own knowledge professional objections speak against the production or administration of the drug, to consult with you or refuse the production of the prescription drug. In this case, the partner pharmacy will not accept your offer of a purchase contract. In such a case, ZNG would notify you and, if requested, assist you in finding a solution as much as possible. Alternatively, you can cancel the voucher and get your money refunded (see above).
  4. In the case of stated delivery times, payment of the purchase price is assumed. If no or no deviating delivery time is specified for the respective goods in our online store or in a confirmation, it is up to 7 days.
  5. ZNG currently only delivers to delivery addresses within the EU. The partner pharmacy also delivers within the EU. If you would like delivery to another country, please contact us so that we can check your request on a case-by-case basis.
  6. The prices listed in the online store at the time of the order apply. The price is also displayed in the order form before you submit the order. All prices include the applicable statutory sales tax.
  7. Delivery of all orders through ZNG is free of shipping costs.
  8. Promised free additional services, such as the free consultation with a naturopath, can only be used once free of charge by each customer. ZNG reserves the right to refuse the free additional service in individual cases. There is no legal entitlement to the additional service granted. 

5. retention of title

Until full payment, the delivered goods remain the property of ZNG or the partner pharmacy.

6. payment modalities

Payment of the purchase price is due immediately upon conclusion of the contract. You can pay by SEPA direct debit or credit card (via payment provider Stripe), Klara invoice or installment purchase (via payment provider Klarna), Apple Pay, Google Pay or PayPal. The terms and conditions of the respective payment provider you select also apply. If you return a successful payment via direct debit or other payment method or the payment is subsequently rejected due to insufficient funds, the costs incurred directly by us as a result will be forwarded to you subsequently and charged to you. 

    7. warranty for defects, guarantee

    1. ZNG or the partner pharmacy shall be liable for defects in accordance with the statutory provisions applicable to this.
    2. An assurance or additional guarantee only exists if this has been expressly stated in the order confirmation for the respective item or otherwise in express form. Product descriptions and similar statements in the online store do not have the character of an assurance or guarantee.

    8. liability

    1. We or the partner pharmacy shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.
    2. In other cases, we or the partner pharmacy shall only be liable - insofar as not otherwise regulated in para. 3 - in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability and the liability of the partner pharmacy is excluded subject to the provision in paragraph 3.
    3. Our liability and the liability of Partner Pharmacy for damages arising from injury to life, limb or health, in the event of fraudulently concealed defects and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

    9. revocation and revocation form

    Information about your right of withdrawal can be found on the following information page: https://www.zimplynatural.com/de/widerruf

    10. data protection

    The protection of your data, which you provide to ZNG, has top priority for ZNG. ZNG guarantees the confidential handling of your personal data in accordance with the relevant legal provisions on data protection as well as the regulations on data protection in accordance with our Privacy policy.

    11. copyrights

    The use of images, films, texts, logics and similar content published in the online store is not permitted without our express consent.

    12. dispute resolution / consumer arbitration board

    The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. 

    We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. The same applies to our partner pharmacy.

    13. final provisions

    The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Should a delivery be made to a country other than Germany, any statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions of the state in which you as a consumer have your habitual residence shall remain unaffected.

    Status of the GTC: 19.10.2023
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