Section 1 Scope of Application
General Terms and Conditions of SCHOTT AG
for the Pharma Online Shop
Section 2 Conclusion of Contracts
- These General Terms and Conditions apply to all contracts between SCHOTT AG, Hattenbergstrasse 10, 55122 Mainz („SCHOTT“) and customers purchasing products of SCHOTT via its „Pharma Online Shop“.
- Offers of SCHOTT in its „Pharma Online Shop“ are exclusively for enterprises, i.e. natural persons or legal entities purchasing for business activities.
Section 3 Prices and Delivery
- Presentations of products in this „Pharma Online Shop“ are not legally binding offers. By presenting products SCHOTT invites customers to making binding offers to SCHOTT (Orders). After having chosen the products, the customer receives a compilation of the chosen products together with the net purchase prices as per Sec. 3.1. The customer will have the opportunity to check the choice of products, in particular as regards quantities and prices, and to correct it, if need be. The customer then issues a binding offer to SCHOTT by clicking on „Submit your order”. SCHOTT will confirm the receipt of the Order by email. However, such confirmation is not a legally binding acceptance of the Order, but informs the customer on the receipt of the Order by SCHOTT. The purchase contract becomes only effective if and when SCHOTT issues a pro-forma invoice on the Order to the customer.
- SCHOTT reserves the right to reject an Order if the relevant products are not available. Further, SCHOTT reserves the right to cancel a confirmed Order if it later turns out that the relevant products are not available. In such a case, SCHOTT will notify the customer without delay and reimburse any payments.
Section 4 Terms of Payment
- The prices valid for the Orders are those indicated at the time the Order was issued. Prices are net prices, excluding any Value Added Tax. Cost of delivery and any other additional cost will be shown in the compilation of the chosen products.
- SCHOTT delivery to the address indicated by the customer. A delivery is possible only within the countries indicated in the „Pharma Online Shop“.
- Deliveries are DAP as per the version of the Incoterms® applicable upon conclusion of the contract.
- Any date or time of delivery indicated in the pro-form invoice is legally not binding. Any delivery is subject to the receipt by SCHOTT of the purchase price. Any given time of delivery will be calculated from the receipt of payment.
- SCHOTT reserves the right to fulfill all or parts of its obligations through an entity directly or indirectly controlled by SCHOTT AG.
Section 5 Warranties and Liabilities
- All payments must be made by way of pre-payments based on the pro-forma invoice.
- All payments must be made within two weeks from receipt of the pro-forma invoice. SCHOTT reserves the right to cancel the Order without prior notice if payment has not been fully received within that time period.
Section 6 Data Protection
- SCHOTT warrants exclusively that the products purchased on the „Pharma Online Shop“ will conform to the technical details published therein.
- SCHOTT warrants that the products purchased on the „Pharma Online Shop“ will not infringe the intellectual property rights or copyrights of a third party in the country of their manufacture.
- SCHOTT will be liable without limitations for intentional and grossly negligent breach of contract as well as for damage from death, injury or health.
- Besides the above, SCHOTT will be liable without limitations for any breach of fundamental contractual obligations, being all such obligations on whose due fulfillment the customer did rightfully rely. For all other cases, SCHOTT’s liability in case of simple negligence will be limited to such damage as is typical and foreseeable upon conclusion of the contract.
- Liability as per Product Liability Law remains unaffected.
Section 7 Copyright
- We will collect process and use all personal data we receive from the customer exclusively in accordance with the applicable statutory provisions. Details on the scope of processing of personal data may be taken from the “Data Protection Policy” for this „Pharma Online Shop“.
- We may transfer personal data to third parties serving as our local sales partners for the provision of after sales services to the customer. We will restrict ourselves to data necessary for the relevant service and will ensure that the transfer is compliant with all required data security measures. SCHOTT will only transfer data to third parties having committed themselves to data protection and to the processing of all data in compliance with applicable law.
The content of the website “Pharma Online Shop”, including all texts, graphics, photos and illustration remain sole property of SCHOTT or its licensors. The content is legally protected by copyrights or otherwise. We hereby prohibit any acts of copying, saving or processing the content, in particular when using texts of pictures.
Section 8 Final Provisions
- Contractual language is English.
- If any of these provisions is or becomes invalid, the remaining provision remain unaffected. The parties will replace the invalid provision by such valid provision that comes closest to the economic purpose of the invalid provision.
- Exclusive venue for disputes is Mainz, Germany.
- The purchase contract is subject to Germany law, excluding its rules on Conflicts of Law and excluding the UN-Convention on the International Sale of Goods.
- The customer is responsible for the compliance with all statutory and administrative provisions regarding the export control of the Federal Republic of Germany and any other relevant countries, in particular for obtaining all approvals necessary for the export respectively import of the products. The customer confirms that the products will not, directly or indirectly into countries prohibiting or restricting their import.
SCHOTT – Last changed September 2020