imprint & co
imprint
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Register entry
Sales tax identification number according to § 27a UStG
Authorized Managing Directors
Dr. Martin Schloh; Dr. René Glas-Albrecht; Birgit Pscheidl, Dipl.-Chem.
Registration number according to §9 paragraph 1 VerpackG:
DE1071217236246
Responsible for the content of the website according to the Interstate Broadcasting Treaty § 55 paragraph 2 RStV
Birgit Pscheidl, Dipl.Chem.
Wholesale regulator
privacy
introduction
This Privacy Policy describes Fortis-Pharma ("we", "our" or "the Company") practices with respect to information collected from users who access our website located at www.fortis-pharma.de ("Site") or us otherwise provide personal information (collectively: "Users").
Responsible authority within the meaning of the General Data Protection Regulation (GDPR): BayLDA (www.lda.bayern.de)
We attach great importance to data protection. The collection and processing of your personal data takes place in compliance with the applicable data protection regulations, in particular the EU General Data Protection Regulation (GDPR). This statement describes how and for what purpose your data is collected and used and what choices you have in connection with personal data.
By using this website, you agree to the collection, use and transfer of your data in accordance with this privacy policy.
1. Responsible body
Responsible body for the collection, processing and use of your personal data within the meaning of the GDPR is: Birgit Pscheidl
b.pscheidl@fortis-pharma.de
If you wish to object to the collection, processing or use of your data by us in accordance with these data protection regulations, either as a whole or for individual measures, you can address your objection to the responsible body named above. You can save and print out this data protection declaration at any time.
2. General Use of the Website
Access data On the Internet, information about you is automatically collected when you use this website. The access data includes name and URL of the retrieved file, date and time of retrieval, amount of data transferred, notification of successful retrieval (HTTP response code), browser type and browser version, operating system, referrer URL (ie the previously visited page), IP address and the requesting provider. Log data is created without assignment to your person or other profiling.
E-mail contact If you contact us (e.g. via the contact form or e-mail), we will save your details. We only store and use other personal data if you give your consent or if this is legally permissible without special consent.
Google Analytics We use Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about the use of this website by site visitors is usually transmitted to a Google server in the USA and stored there.
If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. IP anonymization is active on this website. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide us with other services related to website activity and internet usage.
The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you can if applicable not use all functions of this website in full.
You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: http://tools.google.com/dlpage/gaoptout?hl=de.
Legal basis and storage period
The legal basis for data processing in accordance with the above paragraphs is Article 6 (1) (f) GDPR. Our interests in data processing are, in particular, ensuring the operation and security of the website, investigating how visitors use the website, and simplifying the use of the website.
Unless specifically stated, we only store personal data for as long as is necessary to fulfill the purposes pursued.
3. Your rights as a data subject
Under the applicable laws, you have various rights in relation to your personal data. If you would like to assert these rights, please send your request by e-mail to the address given in Section 1, clearly identifying yourself. Below you will find an overview of your rights.
Right to confirmation and informationYou have the right to receive confirmation from us at any time as to whether personal data relating to you is being processed. If this is the case, you have the right to obtain free information from us about the personal data stored about you together with a copy of this data. There is a right to the following information:
- the processing purposes; the categories of personal data being processed; the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organizations; if possible, the planned duration for which the personal data is stored or, if this is not possible, the criteria for determining this period; the existence of a right to rectification or deletion of the personal data concerning you or to restriction of processing by the person responsible or a right to object to this processing; the existence of a right of appeal to a supervisory authority; if the personal data is not collected from you, all available information about the origin of the data; the existence of automated decision-making including profiling in accordance with Article 22 para 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved as well as the scope and intended effects of such processing for you.
If personal data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate guarantees in accordance with Article 46 GDPR in connection with the transfer.
Right to rectification You have the right to request us to rectify any incorrect personal data concerning you without undue delay. Taking into account the purposes, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.
Right to Erasure (“Right to be Forgotten”) You have the right to request that we erase personal data concerning you immediately. We are obliged to delete personal data immediately if one of the following reasons applies:
- The personal data are no longer necessary for the purposes for which they were collected or otherwise processed. You revoke your consent on which the processing was based in accordance with Article 6 paragraph 1 GDPR letter a or Article 9 paragraph 2 letter a GDPR and there is no other legal basis for the processing. You object to the processing pursuant to Article 21 Paragraph 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Article 21 Paragraph 2 GDPR a.The personal data were processed unlawfully.The erasure of the personal data is necessary for compliance with a legal obligation in Union or Member State law to which we are subject.The personal data were collected in relation to information society services offered pursuant to Article 8(1). GDPR raised.
If we have made the personal data public and we are obliged to delete them, we shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you have requested them to delete any links to, or copies or replications of, that personal information.
Right to restriction of processing You have the right to request that we restrict processing if one of the following conditions is met:
- the accuracy of the personal data is disputed by you for a period of time that enables us to verify the accuracy of the personal data, the processing is unlawful and you have refused to delete the personal data and instead restrict the use of the personal data request; we no longer need the personal data for the purposes of processing, but you need the data to assert, exercise or defend legal claims, or you have lodged an objection to the processing in accordance with Article 21 Paragraph 1 DSGVO, as long as it is not yet clear whether the legitimate reasons of our company outweigh yours.
Right to data portabilityYou have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format, and you have the right to transmit this data to another person responsible without hindrance from us, provided that
- the processing is based on consent in accordance with Article 6 paragraph 1 letter a GDPR or Article 9 paragraph 2 letter a GDPR or on a contract in accordance with Article 6 paragraph 1 letter b GDPR and the processing is carried out using automated procedures.
When exercising your right to data portability in accordance with paragraph 1, you have the right to have the personal data transmitted directly by us to another person responsible, insofar as this is technically feasible.
Right to object You have the right, for reasons that arise from your particular situation, to object at any time to the processing of personal data relating to you, which is based on Article 6 paragraph 1 letter e or f GDPR; this also applies to profiling based on these provisions. We no longer process personal data unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed by us in order to operate direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
You have the right, for reasons arising from your particular situation, to object to the processing of your personal data for scientific or historical research purposes or for statistical purposes in accordance with Article 89 Paragraph 1 GDPR, unless , the processing is necessary to fulfill a task in the public interest.
Right to revoke consent under data protection law You have the right to revoke consent to the processing of personal data at any time.
Right to lodge a complaint with a supervisory authority You have the right to lodge a complaint with a supervisory authority, in particular in the Member State where you live, work or where the alleged infringement took place, if you believe that the processing of your personal data is unlawful.
4. Data Security
We make every effort to ensure the security of your data within the framework of the applicable data protection laws and technical possibilities.
Your personal data will be transmitted encrypted with us. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) coding system, but would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.
To secure your data, we maintain technical and organizational security measures that we constantly adapt to the state of the art.
We also do not guarantee that our offer will be available at certain times; Malfunctions, interruptions or failures cannot be ruled out. The servers we use are regularly and carefully backed up.
5. Transfer of data to third parties, no data transfer to non-EU countries
In principle, we only use your personal data within our company. If and to the extent that we engage third parties to fulfill contracts (e.g. logistics service providers), they only receive personal data to the extent that transmission is necessary for the corresponding service.
In the event that we outsource certain parts of the data processing ("order processing"), we contractually oblige processors to only use personal data in accordance with the requirements of data protection laws and to ensure the protection of the rights of the person concerned.
6. Data Protection Officer
If you have any questions or concerns about data protection, please contact our data protection officer: Ms. Birgit Pscheidl
b.pscheidl@fortis-pharma.de . You will be contacted immediately.
General Terms and Conditions (GTC)
General Terms and Conditions of Sale of FORTIS Pharma GmbH (as of July 31, 2020)
1. Scope and General
1.1. These General Terms and Conditions of Sale (GTC) apply to the sale and delivery of all products from FORTIS Pharma GmbH (FORTIS), unless consumer transactions are involved. The General Terms and Conditions come into force on the date specified as "Status" and become part of all contracts in the area of application at the latest upon receipt of the goods by the customer. Terms and conditions of the customer that deviate from these GTC shall not become part of the contract unless they are expressly recognized in writing by FORTIS.
1.2. These GTC also apply to all future business relationships with the customer, even if they are not expressly included again, and if FORTIS delivers the goods in the knowledge of deviating or conflicting conditions.
2. Orders and Order Acceptance
2.1. All FORTIS offers are non-binding in terms of quantity, price, delivery period and availability. This does not apply if such information has been expressly designated as binding, at least in text form. In all cases, however, delivery dates apply subject to correct and timely self-delivery.
2.2. An order placed by the customer is a binding offer. FORTIS is entitled to accept this offer by sending an order confirmation (in writing or in text form) or by sending the ordered goods within two weeks. The sale takes place exclusively in accordance with the content of the order confirmation or the delivery note from FORTIS and in accordance with these General Terms and Conditions.
2.3. If the quantities ordered by the customer deviate insignificantly from the sales unit or the commercial form, FORTIS is entitled to independently adjust the order quantity accordingly.
3. Dispatch, assumption of risk
3.1. Unless otherwise agreed (cf. e.g. Section 4.2 of these General Terms and Conditions), the ordered goods are dispatched by FORTIS at the customer's risk and, in principle, also at the customer's expense (sales by mail). FORTIS is free to choose the transport company and the type of transport. The risk for the shipped goods is transferred to the customer when FORTIS dispatches the goods, even if FORTIS assumes the costs of delivery.
3.2. Delivery always presupposes the timely and proper fulfillment of the customer. The exception of the unfulfilled contract remains reserved. In the event of default in acceptance or any other culpable breach of a customer's obligation to cooperate, the customer is obliged to compensate FORTIS for the resulting damage along with any additional expenses. Further claims remain reserved.
3.3. If shipping is delayed due to circumstances for which the customer is responsible, the risk of loss or deterioration of the goods passes to the customer at the time the goods are made available for shipping. The customer shall bear any costs incurred as a result of the delay (e.g. storage costs).
3.4. FORTIS is not obliged to insure the shipment or have it insured against damage in transit, unless FORTIS has assumed a corresponding obligation in writing at the request of the customer. The costs of such transport insurance will be passed on to the customer.
3.5. FORTIS is not liable for the impossibility of delivery or for delays in delivery if these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of all kinds, difficulties in procuring materials or energy, non-delivery or late delivery by suppliers). were caused for which FORTIS is not responsible.
3.6. If the delivery becomes significantly more difficult or impossible due to the events mentioned under Section 3.5 and the hindrance is not only of a temporary nature, FORTIS is entitled to withdraw from the contract.
3.7. In the event of a delay in delivery or non-delivery for which FORTIS is responsible, the customer has the right to withdraw from the contract, to the exclusion of further rights, after having previously set a reasonable grace period in writing with the declaration that he will refuse to accept the delivery after this period has expired. If the customer does not make use of his aforementioned right of withdrawal, he can only demand compensation for any damage caused by delay or non-performance in accordance with and within the limits of the provisions made in these General Terms and Conditions.
3.8. Partial deliveries by FORTIS are permitted.
4. Prices and Delivery Costs
4.1. All prices are in euros and ex works, plus the applicable statutory sales tax and including packaging costs. The prices valid on the day of delivery according to the FORTIS price list apply, unless another price has been expressly agreed in writing or in text form.
4.2. If the customer requests a special shipping method (e.g. express delivery), he always bears the resulting additional costs for transport and packaging.
4.3. The aforementioned terms of delivery only apply to deliveries to the Federal Republic of Germany. Higher transport costs, customs and insurance fees, taxes and other additional costs for deliveries abroad are borne by the customer.
5. Terms of Payment, Offsetting, Retention and Depreciation
5.1. Invoices are due and payable no later than the due date stated on the invoice, usually 30 days from the invoice date, without any deductions, however, subject to the discount regulation below.
5.2. Special conditions apply to letters of credit.
5.3. If the agreed payment period is exceeded, FORTIS is entitled to demand interest on arrears on the invoice amount at the current rate in accordance with Section 288 Paragraph 2 of the German Civil Code, currently 9 percentage points above the base interest rate.
5.4. With discharging effect, payments can only be made directly to FORTIS. If several claims are outstanding, unless otherwise specified by FORTIS, the customer's payments shall apply to the oldest claims plus interest and costs, even if the customer has expressly paid for a specific claim when making the payment.
5.5. The customer's right of retention and set-off is excluded, unless the claims are undisputed or have been legally established.
5.6. The customer is entitled to reimbursement of loss of storage value due to changed reimbursement prices from a difference of 10 euros and within three (3) months of notification of the price change.
6. Retention of Title and Resale
6.1. All delivered goods remain the property of FORTIS until the purchase price for the respective goods has been paid in full and all other claims from the customer's purchase of goods have been settled (extended retention of title). If the customer breaches the contract, including default in payment, FORTIS is entitled to reclaim the goods.
6.2 The customer is only entitled to resell the goods subject to retention of title in the ordinary course of business. Under no circumstances may the goods subject to retention of title be transferred to third parties as security.
6.3. If the goods subject to retention of title are sold, the purchase price paid to the customer takes the place of the goods. The customer already assigns to FORTIS all claims arising from a sale, whether before or after processing. The buyer is authorized to collect this claim as long as he meets his payment obligations towards FORTIS.
6.4. Should the aforementioned securities exceed the value of the claims to be secured by more than 10%, FORTIS is obliged to release the securities at its own discretion at the request of the customer.
6.5. If the customer's claim from the resale has been offset as part of a current account agreement, the buyer hereby also assigns his claim from the current account against his customers to FORTIS. The assignment takes place in the amount of the invoice amount charged by FORTIS to the customer for the reserved goods.
6.6. In the event of the seizure of the goods subject to retention of title by the customer, the latter is obliged to inform FORTIS immediately of the seizure by sending a copy of the foreclosure report. The customer is also obliged to make an affidavit that the seized goods are goods that are subject to FORTIS' retention of title.
6.7. Insofar as FORTIS asserts rights from a retention of title, this does not release the customer from his contractual obligations. The value of the goods subject to retention of title at the time of taking them back will be offset against the existing claims of FORTIS against the customer.
6.8. The customer is obliged to treat the goods properly. FORTIS products may only be sold or otherwise handed over after uninterrupted proper storage and compliance with the relevant statutory provisions.
7. Warranty and obligation to give notice of defects
7.1. The customer must notify the transport company of any obvious defects in the packaging upon receipt of the goods and note them on the acknowledgment of receipt. The customer must also report such defects to FORTIS immediately, but no later than 3 working days after delivery.
7.2. The customer is also obliged to inspect the delivered goods immediately after delivery and to notify FORTIS of any defects immediately, but no later than 7 working days after delivery. The customer must report hidden defects immediately, but at the latest within 3 working days of their discovery.
7.3. If a complaint is not made in good time in the cases mentioned in sections 7.1 and 7.2, the goods are deemed to have been approved and are excluded from the warranty. Each notification must be made at least in text form and must include the order data.
7.4. The customer is obliged to notify FORTIS of the return of the goods in the event of a defect, at least in text form.
7.5. For returns that do not relate to defects, the FORTIS returns regulations apply, where applicable.
7.6. If there is a justified defect in the goods, which was also reported in good time by the customer, FORTIS has the right to decide at its own discretion whether a new delivery or a remedy of the defect should take place. The customer only has the right to withdraw from the contract if the supplementary performance has failed more than twice.
8. Liability
8.1. In the event of intent or gross negligence on the part of FORTIS or on the part of FORTIS' representatives or vicarious agents, FORTIS is liable in accordance with the statutory provisions; this also applies to culpable violation of essential contractual obligations. Insofar as there is no intentional breach of contract, FORTIS's liability for damages is limited to the foreseeable, typically occurring damage.
8.2. Liability for culpable injury to life, limb or health as well as liability under the Product Liability Act remain unaffected.
8.3. Unless otherwise expressly stipulated above, our liability is excluded. This applies in particular to consequential damage that is not covered by Section 8.2.
9. Statute of Limitations
9.1. Claims by the customer for material defects become time-barred one year after the transfer of risk.
9.2. Excluded from this are claims for injury to life, limb or health as well as claims for damages based on grossly negligent or intentional behavior by FORTIS or its representatives or vicarious agents. In this respect, the statutory limitation periods apply.
10. Confirmation of Arrival
10.1. The customer acknowledges that he will receive an invoice without sales tax if he collects the goods himself or if they are picked up by a carrier commissioned by the customer and the goods arrive in another EU member state. The prerequisite for this tax exemption is confirmation by the customer that the goods have arrived in another EU member state (confirmation of arrival). The customer is obliged to issue FORTIS with a written confirmation of arrival immediately, but no later than two months after collection.
10.2. In addition to the date and signature, the confirmation of arrival must include the name and address of the customer, the customary description of the goods and their quantity, the date of self-collection, the month and year of the end of the transport to the other EU member state, the member state and the location of getting included. For this purpose, the form sent by FORTIS with each order must be used.
10.3. If FORTIS does not receive the customer's confirmation of arrival within three months of collection, FORTIS is entitled to subsequently invoice the customer for the sales tax, which the customer must pay immediately.
11. Miscellaneous
11.1. Should a provision of these GTC be or become invalid or void, the validity of all other provisions of these GTC and any individual contractual provisions shall remain unaffected.
11.2. This contract is exclusively subject to the law of the Federal Republic of Germany (to the exclusion of the UN Sales Convention).
11.3. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Munich.