GENERAL TERMS OF BUSINESS OF THIS WEBSITE

1    Scope
2    Registration
3    Formation of Contract
4    Prices
5    Pick-up from the place of business
6    Delivery, Forwarding Expenses
7    Granting of rights of use for digital content and software licences
8    Reservation of title, Rescission of Contract
9    Effective period and termination of the contract in the case of subscription agreements
10  Due date and payment
11  Cancellation
12  Warranty and liability
13  Addresses
14  Privacy, Copyright, Trademarks

Version of: April 27, 2020
 

1) Scope

These General Terms of Business (GTB) are applicable to business relations between Flegis d.o.o., a subsidiary of Curaden AG, (hereinafter: Curprox/Curaden) and consumers or businesses (hereinafter "Customer" or "Customers") in the latest version that is available when you open the website or order products with respect to the products displayed by Curaprox/Curaden in the online shop.

These GTB shall apply, mutatis mutandis, to contracts for the provision of digital content, software licenses or coupons, unless expressly agreed otherwise. When supplying software licences, the seller's obligation is to provide a licence key enabling use of the software sold. The Customer does not acquire any intellectual property rights to the software. Regarding the characteristics of the software, the relevant product description is authoritative.

These GTB may apply to contracts concerning products (goods or services) provided in the form of either a one-time delivery or an ongoing supply ("subscription agreement"). In the case of a subscription agreement, Curaprox/Curaden undertakes to supply the required product throughout the agreed effective period of the contract.

From time to time, the Privacy Notice or the present GTB of the Online Shop may be adapted, supplemented or modified. Whenever you access or visit the website, the version of the website accessible at that time shall be the authoritative version. Please visit this page regularly to view the latest rules. We shall keep you informed of any substantial changes in this Privacy Notice by displaying a notice on our website and/or mobile Apps as well as an updated version of the Privacy Notice. If you do not agree with the modified rules, please inform us of your objection by sending an e-mail to support@curaproxusa.com and delete your user profile, if you have created one, by the effective date of the changes. Without your cancellation, you user profile will continue to be displayed under the new rules even after the effective date of the changes.

A “consumer” for the purposes of these GTB means any individual who enters into legally binding transactions for purposes that are not primarily commercial and/or attributable to independent business activities. A “business” for the purposes of these GTB means an individual or legal entity or partnership with legal personality that enters into a legally binding transaction in the exercise of commercial or independent business activities.

Orders and deliveries are possible only within the USA. Orders may be placed exclusively by Customers who are at least 18 years of age or have obtained the signature of their legal representative.

Exclusively these General Terms of Business are applicable. Curaprox/Curaden will not recognize any of the Customer's terms of business that contradict and/or differ from the present Terms of Business unless Curaprox/Curaden expressly consents to such terms in writing in the specific case.

2) Registration

Every order of goods requires registration as a Customer and/or creating a user profile at Curaprox/Curaden. Multiple registrations under different names or addresses is prohibited.

Curaprox/Curaden may revoke its authorization at any time without stating any reasons. In that case, Curaprox/Curaden is entitled to block and delete the user name and associated password immediately.

3) Formation of Contract

The presentation of the Curaprox/Curaden product range in the Online Shop does not constitute an offer to enter into a purchase agreement with the Customer. It is not binding.

By clicking on the “Buy now” button, the Customer makes a binding offer to buy.

By placing an order with Curaprox/Curaden on the internet (Online Shop), by e-mail, telephone, fax or other channel of communication, the Customer makes an offer to enter into a binding purchase agreement with Curaprox/Curaden. The Customer will receive a confirmation of receipt of the order ("Confirmation of Receipt of Order"). That confirmation does not constitute acceptance of the offer but merely informs the Customer that Curaprox/Curaden has received the order. Curaprox/Curaden will inform the Customer of any errors in the information about the product range on the website and make the Customer a corresponding counter-offer where appropriate.

The contract with Curaprox/Curaden is formed when Curaprox/Curaden expressly accepts the Customer's offer ("Order Confirmation") or when Curaprox/Curaden sends the product ordered to the Customer.

Curaprox/Curaden's acceptance is subject to the legality of the order and the availability of the ordered goods or services. If Curaprox/Curaden cannot accept the Customer's order the Customer will receive a notice of unavailability instead of acceptance of the order. Products that cannot be delivered temporarily will be reserved for the Customer and the Customer's order shall remain valid.

4) Prices

The prices in effect at the time of purchase and placement of the order in Rands shall apply to the purchase and ordering of goods and services. We reserve the right to price changes.

Price changes are possible, in which case the price in effect at the time of placement of the order shall be applicable.

All prices contain the USA Value Added Tax (VAT) at the legal rate and, where applicable, the advance recycling fee.

The prices do not include additional forwarding expenses (arising between Curaprox/Curaden and the Customer).

5) Pick-up from the place of business

Subject to prior arrangement by telephone, the Customer can pick up the product from an agreed place of business of Curaprox/Curaden.

In case of product pick-up, the contract with Curaprox/Curaden is formed when Curaprox/Curaden expressly accepts the Customer's offer ("Order Confirmation") or when Curaprox/Curaden hands the product over to the Customer.

6) Delivery, Forwarding Expenses

Curaprox/Curaden shall deliver the goods ordered as quickly as possible to the address given by the Customer in the order or (if PayPal is selected as the payment method) to the address of record at PayPal. Curaprox/Curaden is entitled to deliver goods or perform services in more than one instalment to the extent reasonable for the Customer. Whenever Curaprox/Curaden makes deliveries in several instalments, Curaprox/Curaden shall assume any extra postage costs. 

The delivery shall be made according to the forwarding expenses stated in the specific case.

The delivery time within the USA is usually 3-5 working days. Information provided about the estimated delivery time is not binding.

Digital content, coupons and software licence keys are delivered to the Customer exclusively through electronic transmission (i) by downloading or (ii) or by e-mail, at Curaprox/Curaden's option.
 

7) Granting of rights of use for digital content and software licences 

Unless stated otherwise in the description of the content in the Curaprox/Curaden Online Shop, Curaprox/Curaden grants the Customer a non-exclusive right, limited in time and space, to use the content made available for private and/or business purposes.

The delivery of a licence key for a software licence entitles the Customer to use the software and/or content indicated in the relevant product description and licence provisions to the extent described therein.

Any transfer of the contents to third parties or making of copies for third parties beyond the scope of these GTB and/or of the licence provisions is not permitted without the seller's consent to such transfer to third parties of the license under the contract.

The right thus granted shall not enter into effect until the Customer has paid the stipulated contractual fee in full. 
 

8) Reservation of title, Rescission of Contract 

Curaprox/Curaden reserves title to all the goods delivered until payment in full.

If the Customer breaches the contract, particularly by failing to meet the payment obligations despite receiving a reminder from Curaprox/Curaden, Curaprox/Curaden may rescind the contract, after setting a reasonable grace period, and demand the return of the goods to which Curaprox/Curaden still retains title. The recovery or attachment of the goods by Curaprox/Curaden constitutes rescission of the contract. Any resulting forwarding expenses incurred shall be borne by the Customer. Curaprox/Curaden is authorized to sell the goods after recovery.

Curaprox/Curaden reserves the right to refrain from entering into a contract in case of the negative outcome of a credit check.
 

9) Effective period and termination of the contract in the case of subscription agreements

Subscription agreements are open-ended but are formed for at least the minimum effective period indicated in the relevant product description in the Curaprox/Curaden Online Shop. The subscription agreement may be terminated at any time during the minimum effective period, effective upon expiry of the minimum effective period, or after the expiry of the minimum effective period at any time on 14 days’ notice sent by letter or by fax/e-mail to the address specified in item 13.

The foregoing shall be without prejudice to extraordinary termination for good cause. Good cause shall be deemed to exist if continuation of the contractual relationship until the agreed termination date or until expiry of the notice period cannot be considered reasonable for the terminating party in light of the circumstances of the specific case, after weighing the interests of both parties.
 

10) Due date and payment

In the ordering process, Curaprox/Curaden accepts only the payment methods displayed to the Customer (in the Online Shop). Curaprox/Curaden reserves the right to agree with its Customers in writing to payment methods other than those mentioned in this section.

For payment processing via the Online Shop, Curaprox/Curaden uses the payment solution Mollie by Mollie B.V., in order to allow the Customer safe and secure payment by credit card or possible alternative means of payment.

In the case of payment by means of a payment method provided by PayPal, the payment is processed by the payment service provider PayPal (Europe) Sàrl. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - in case the Customer does not have a PayPal account – subject to the terms of payment without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

The purchase price and any forwarding expenses are due and payable upon formation of the contract, subject to paragraph (3). If cash in advance by bank transfer is agreed upon, the payment is due and payable immediately after formation of the contract, unless the parties have agreed to a later due date.

Curaprox/Curaden may demand without stating any reasons cash in advance. The order will be processed after receipt of payment.

If the Customer defaults on payment, Curaprox/Curaden is entitled to charge a flat-rate reminder fee specified in the ordering process. The foregoing is without prejudice to Curaprox/Curaden's right to claim further compensation, particularly for the costs of debt enforcement through a collection agency or attorney.

Coupons for the Curaprox/Curaden Online Shop must be redeemed before completion of the ordering process and no deduction will be permitted thereafter.

Coupons are redeemable exclusively under the terms and conditions indicated on the coupon and for the product groups specified on the coupon. Certain products may be excluded from the coupon campaign.

Coupons or legally permissible discounts (e.g., volume discounts) can not be applied cumulatively to an individual order. Coupons cannot be redeemed for cash.

The coupon is transferrable. Curaprox/Curaden can effectively discharge its obligations by tendering performance to any bearer of the coupon who redeems it in the Online Shop.
 

11) Statutory right of revocation in respect of Curaden/Curaprox merchandise

Information regarding the right of revocation:

You have the right to revoke this contract within 14 days without giving any reasons. The period of revocation is 14 days from the day on which you, or a third party designated by you (but who is not the carrier), took possession of the last item of merchandise.

In order to exercise your right of revocation you must notify us (Curaprox USA, 4325 Indeco Court, Cincinnati OH 4541 U.S.A., Phone: +1 (513) 871-9200, email: support@curaproxusa.com) of your decision to revoke the contract by sending us an unequivocal declaration (e.g. a letter sent by post, a fax or an e-mail). If you wish, you may use the attached revocation form, but there is no requirement to do so.

You may also complete and submit the revocation form or other unequivocal declaration online through the contact form on our website. If you submit your notice of revocation online, we will send you a confirmation of receipt without undue delay (e.g. by e-mail). You will be deemed to have complied with the revocation period if you send your notice of revocation before such period expires.

Consequences of revocation

If you revoke this contract, we are required to refund all payments we received from you, including delivery costs (except any additional costs incurred as a result of you choosing a delivery method other than the lowest-cost standard delivery offered by us), without undue delay and at least within 14 days from the day on which we received your notice of revocation of this contract. Refunds will be processed using the same method of payment which you used for the original transaction, unless expressly agreed otherwise with you. We will not charge you any fees for the refund. We may hold off completing your refund until we have received the merchandise back, or you have supplied us with proof that you have returned the merchandise, whichever occurs earlier.

You are obliged to return or hand over all merchandise to us without undue delay, but at least within 14 days from the day on which you gave us your notice of revocation of this contract.

The above requirement is deemed satisfied if you return the goods before expiry of the 14-day period. We will assume the return shipping costs, provided you use the return shipping label provided by us for shipment from the country in which delivery was made to you, otherwise you will be required to pay the return shipping costs. You are only obliged to cover any depreciation in the value of merchandise if the depreciation is attributable to your improper handling of the merchandise when examining its condition, properties and function.

Revocation form

(If you wish to revoke the contract, please complete this form and return it to us)

Curaden USA Inc.
4325 Indeco Court
Cincinnati, Ohio 45241
USA
email: support@curaproxusa.com

I/we (*) hereby revoke the contract concluded by me/us (*) to purchase the following merchandise (*)/:

— ordered on (*)/received on (*) 
— name of customer(s)
— address of customer(s)
— date

(*) Delete where applicable

The right of cancellation expires prematurely for contracts subject to sealed goods which have been unsealed after delivery and which are not suitable for return due to hygienic reasons, Deliveries of goods that were custom-made products especially for the Customer or tailored to the Customer's personal needs. The Customer is required without exception to take delivery and pay for all components without exception, Deliveries of pharmaceutical products are non-returnable;

End of notice

12) Warranty and liability

If the delivered goods are defective at the time of the passage of risk, (e.g., manufacturing defects), or in case of incorrect delivery, the Customer is exclusively entitled to the right of subsequent repair or exchange (replacement). If the replacement is unsatisfactory, the Customer is entitled to cancel the purchase. The claim shall lapse if the Customer fails to give Curaprox/Curaden notice of the defect or improper delivery within 14 days after receipt of the goods by e-mail support@curaproxusa.com, by telephone, fax or post.

Curaprox/Curaden’s liability is subject to the applicable statutory provisions. Curaprox/Curaden’s liability is excluded in cases (i) of ordinary negligence, (ii) indirect and consequential damages and lost profit, (iii) unrealized savings, (iv) losses from late delivery, and (v) any actions or omissions by Curaprox/Curaden's vicarious agents, whether based in contract or in tort.

Moreover, Curaprox/Curaden shall not be liable for loss or damage attributable to any of the following causes:

  • storage, configuration or use of the products in a manner that it is improper, contrary to the contract or illegal;
  • use of incompatible spare parts or accessories (e.g., power supply);
  • omission of servicing and/or improper modification or repair of the products by the Customer or by a third party;
  • official orders or cases of force majeure, particularly damage caused by natural disasters, moisture, falls and impacts, etc., beyond Curaprox/Curaden's control.

Any service provider hired to supply goods or provide services shall be liable for any resulting defects, delayed performance and loss or damage arising from the service provider's performance.

Curaprox/Curaden shall not be held liable for any misprints in advertising materials, data errors in the Online Shop, incorrect price tags, errors in product illustrations, photographs, descriptions or other texts, e.g., in coupon or discount campaigns, or late or omitted deliveries.
 

13) Addresses

Offeror and contract partner for the offers on this websites:
Curaden AG, Amlehnstrasse 22, CH-6010 Kriens, Tel. +41 (0) 319 45 00
support@curaproxusa.com
www.curaden.ch 
 

14) Privacy, Copyright, Trademarks

The Privacy Notice is an integral part of these GTB. By accepting these GTBs, the Customer expresses agreement with the Privacy Notice, too.

All rights to trademarks, images and copyrights [for the relevant products] are held by Curaprox/Curaden or its partners. Downloading, storage, copying, printing of data, images and PDF files, even in excerpts, is prohibited without Curaprox/Curaden's written approval. All rights reserved. Any use by the Customer for purposes other than the intended use of the relevant product is prohibited.