STC for distance contracts

The following STCs also contain legal information about your rights pursuant to the regulations concerning distance contracts.

§ 1

Scope of Application and Provider

(1) These standard terms and conditions of business shall apply to all
contracts concluded by a consumer or businessperson with us,

Dr. Rath Education Services B.V.

Postbus 657, 6400 AR Heerlen, The Netherlands

Commercial Register No. 06086004

Telephone: +31 – 457 – 111 222

Email: info@rath-eduserv.com

(2) “Consumer” means any natural person who concludes a legal transaction
for purposes not mainly attributable to his commercial or independent
professional activity. We shall not accept from the customer, any
contradictory or differing terms and conditions, unless we have expressly
consented to their application.

§ 2

Ordering Process and Conclusion of Contract

(1) The presentation of the products in the online shop is not a legally
binding offer, but an invitation to place an order. The customer can choose
from our selection of goods and collect the products in a so-called
“shopping cart”. By clicking the button “buy now”, a binding order of the
products in the shopping cart and an offer to conclude a purchase contract
is made. Prior to finishing the ordering process, the customer can at any
time view and change entered data. The offer to conclude a purchase
contract can only be made by ticking the box(es) agreeing with the Terms of
Service and acknowledging the Cancellation Information.

(2) The receipt of the order is confirmed by an automatic email. This
automatic order confirmation does not, however, represent an acceptance of
the customer’s offer. The order confirmation only lists the customer’s
ordered goods. A contract is concluded only when we accept your order by
declaring our acceptance or by delivering the ordered goods to you. We are
free to decide whether or not to accept an order.

§ 3

Delivery, Availability and Reservation of Ownership

(1) Delivery of the goods shall take place within 5 working days of receipt
of the order or – if prepayment is agreed – within 5 working days of
receipt of payment. We will point out any different delivery periods on the
item page or during the ordering process, e.g. by telephone.

(2) We are entitled to make partial deliveries if you can reasonably be
expected to accept this.

(3) We deliver by either parcel service, mail or forwarding company.

(4) The delivered goods remain our property until all of our claims against
you – now or in the future – are settled.

§ 4

Terms of Payment, Prices and Delivery Costs

(1) The tables below show the payment types for the respective delivery
area and order.

[Tabellen]

(2) All prices listed by us include the respective applicable VAT.

(3) In addition to the listed prices, a shipping fee, which is listed
explicitly during the ordering process, e.g. on the printed ordering form,
is due. If payment on delivery is selected, the same applies.

(4) In case of payment on delivery, payment of the entire sum (purchase
price, shipping fee and cash on delivery fee, if applicable) is due to the
deliverer.

(5) In case of an order by way of the printed order form, a subscription
order is possible. The 1st or 15th day of a month may be chosen
as delivery date. A processing fee of € 6.90, including statutory value
added tax and all other price components, shall be charged for every
amendment to a subscription order. The product combination of a
subscription can be changed within a period of 14 days to the next delivery
date.

§ 5

Right of Cancellation

According to the statutory provisions, you have a right of cancellation if
you are consumer. We inform you on this right according to the statutory
provisions in the following. A standard cancellation form is available here.

CANCELLATION INFORMATION

You have the right to cancel this contract without specifying any reasons,
within 14 days. The deadline for cancellation is 14 days from the day on
which you or a third person nominated by you, who is not a consignor, gains
possession of the goods.

To exercise your right of cancellation, you must inform us:

Dr Rath Education Services B.V.

Sourethweg 9, 6422 PC Heerlen, The Netherlands

Telephone: +31 – 457 – 111 222

Fax: +31 – 457 – 111 119

Email: info@rath-eduserv.com

of your decision to cancel this contract by means of an unequivocal
statement (e.g. a letter sent by surface mail, fax or email). You may use
the standard cancellation form available here
and included with your delivery, although this is not a requirement.

To comply with the cancellation period, it is sufficient that the notice
concerning the exercise of the right of cancellation is sent off to us
before expiry of the cancellation period.

Consequences of cancellation

If you cancel this contract, we must return all payments received from you,
including delivery costs (excluding additional costs arising from your
choice of a different type of delivery from the standard delivery offered
by us), without delay and – at the latest – within 14 days from the day on
which the notice concerning your cancellation of this contract was received
by us. For this refund we shall use the same payment method as you used for
the original transaction unless we expressly agreed otherwise with you; in
no event will you be charged for this refund. We can refuse to make the
refund until we have received the goods back or you have produced evidence
that you have returned the goods, whichever is the sooner.

You must send back or hand over the goods to us without delay and in any
event within 14 days of the day on which you inform us about the
cancellation of this contract. This deadline shall be complied with if you
send the goods off to us before the expiry of the 14-day period. We shall
bear the cost of returning the goods. You are only responsible for any
decrease in the value of the goods if this decrease in value is
attributable to handling the goods other than is necessary to inspect the
qualities, characteristics and functioning of the goods.

END OF THE CANCELLATION INFORMATION

§ 6

Data Protection

(1) During the order process, we collect, process, store and use the
following data: form of address, name, home address, delivery address, date
of birth, email address, telephone number, and, depending on the billing
information chosen, bank details, credit card data (name of card holder,
credit card number, validity date, security number).

(2) We store your data in order to fulfil the contract including the
communication prior to concluding the contract, and delete them as soon as
we are no longer legally obligated to store them, i.e. after we have
fulfilled our contract and when the obligations under tax and commercial
law to retain data have ceased. In order to deliver your ordered goods to
you, we transmit your name and delivery address to the commissioned
shipping company. In order to facilitate payment, we transmit your bank
details or credit card data to the commissioned credit institute. The legal
basis for this data processing is Art. 6 Sec. 1 Sentence 1 lit. b) GDPR
since these data are necessary in order to fulfil our contractual
obligations. Without collection, storage or processing of the mandatory
fields, fulfilling the contract is impossible.

(3) If you inform us of your email address, you will regularly receive
product information by email. You will receive this product information
independently from any newsletter subscription. You can object to this at
any time. A message in text form to the above contact data (e.g. e-mail,
fax, letter) is sufficient for this. Of course, you will also find an
unsubscribe link in every email. The legal basis for this data processing
is Art. 6 Sec. 1 Sentence 1 lit. f) GDPR since the targeted information of
existing customers is our legitimate interest.

(4) Further information regarding data collection, processing and use, as
well as your general rights regarding privacy, are found in our Privacy
Policy, which you can find on our website and which we are happy to provide
for you.

§ 7

Warranty

If a product delivered by us is defective, you are entitled to the
statutory warranty rights.

§ 8

Applicable Law

These standard terms and conditions of business and the entire business
relationship between us are subject to Dutch law. This choice of law shall
apply to consumers only if it does not deprive them of the protection
awarded by the mandatory provisions of the law of the state in which they
habitually reside.

§ 9

Concluding Provisions

(1) Amendments or supplements to these standard terms and conditions of
business or the contracts of which they form part are required to be made
in text form. This shall also apply to the removal of this requirement for
text form.

(2) If individual provisions of these standard terms and conditions of
business, or the contracts of which they form part, are or become invalid,
the validity of the other provisions of these standard terms and conditions
of business and the contracts shall not be affected. The legally invalid
provision shall be replaced by the legally valid provision that comes
closest to achieving the economic purpose of the legally invalid provision.
The above rule shall apply analogously in the event of any gaps.