Version 1.1 - Effective Date: 03.05.2016

Terms of Sale

These terms of sale (the “Terms of Sale”) apply to any purchases of items through the website www.merz-institute.com (the "Website").
Sales on the Website are made by Merz Pharmaceuticals GmbH (“Merz”, “we” or “us”) with its registered office at Eckenheimer Landstrasse 100, 60318 Frankfurt, Germany, CEO: Philip Burchard, Managing Director: Stefan Brinkmann.
Purchases through the Website are open to Registered Users only. Registration is subject to the Terms of Use. To register you must be a natural person with full legal capacity and a healthcare professional (medical practitioner/physician, dentist or pharmacist). Note that the capacity to use certain products within certain settings may be limited by the laws of your country. Please familiarise yourself with such possible restrictions prior to purchasing any item from us.

1 Purchase

You are required to put a product you wish to purchase in the virtual shopping list and to enter your payment details as requested. You will be given the opportunity to review and amend the details of your order. You will enter into a binding purchase agreement by clicking on “BUY”. We will save the details of your purchase to process your order and you will receive a confirmation email.

2 Prices and Payment

The prices indicated are in Euros and for Europe and Switzerland inclusive VAT. For all other countries prices correspond to net prices. Our electronic services might be subject to local VAT. In this case this tax is additionally payable by the customer and must be remitted directly to the responsible tax office (if applicable Reverse Charge). Only payments via credit card and pay pal are accepted. All prices must be paid in full upon ordering. Your credit card will be charged immediately after the purchase. The text on your credit card statement will be “Course – Merz Institute of Advanced Aesthetics”.
In the performance of the payment for services your personal data is proceeded to the external provider Payone GmbH (“Payone”), Fraunhoferstrasse 2-4, 24118 Kiel, Germany, Kiel District Court, HRB 6107, General Managers: Carl Frederic Zitscher, Jan Kanieß, who will process the payment. Payone will not use your data for any other than the payment process. Payone and Merz have entered into a data processing agreement according to the legal requirements.

3 Licence to digital content

If you purchase via the Website a license for digital content, the basis on which the digital content is made available to you (stream or download), the applicable viewing period as well as information regarding the functionality of the digital content will be indicated on the Website’s product detail page for that digital content.
Any license for digital content purchased via the Website is granted to you personally and you must not use the digital content for any purpose other than your activity as a healthcare professional. In particular, without our written consent, you must neither lease nor rent digital products nor sublicense, share, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the digital content other than as expressly permitted by applicable law.

4 Technical protection measures and interoperability

In order to be able to stream or download the digital content, you will need to use a personal computer or other device that meets the following system and compatibility requirements (the "Compatible Device"), as well as connectivity to the internet:
Desktop, notebook or tablet device with:
  • Internet Explorer 9 and later
  • Firefox 34 and later
  • Chrome 38 and later
  • Safari 8 and later
  • iOS version 7 and later
  • Android version 4.1 and later

5 Defects

In the event of a defect the German statutory provisions shall apply. If an additional manufacturer’s guarantee applies, any claims based on such manufacturer’s guarantee do not affect any statutory rights you may have.

6 Right of Withdrawal

If you enter into the purchase agreement with us as a consumer the following applies:
Instructions for Right of Withdrawal:
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Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Merz Pharmaceuticals GmbH, Global Medical Education and Training Aesthetics, Eckenheimer Landstrasse 100, 60318 Frankfurt, Germany, e-mail: content-support@merz-institute.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as result of such reimbursement.
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With regard to the supply of digital content which is not supplied on a tangible medium your right of withdrawal expires in case we began with our performance after you expressly consented that we can begin with our performance before the withdrawal period ends and you acknowledged that you thereby lost your right of withdrawal.

7 Miscellaneous

This Terms of Sale together with the Terms of Use contain the entire understanding of the Parties with respect to the matters contained herein and therein.
In the event of any provisions of this Terms of Sale being or becoming ineffective or of any omission being discovered, the validity of the remaining provisions shall not thereby be affected.
In place of the ineffective provisions or for the purpose of rectifying the omission a reasonable arrangement shall operate being the nearest legally possible approach to that which the Parties hereto desired or would have desired in consideration of the spirit and object of this Terms of Sale had they considered the point.
The Parties agree that in case of any inconsistencies or differences, regarding the interpretation of any term or wording in this Terms of Sale the interpretation according to the German meaning shall prevail.

8 Applicable Law

This Terms of Sale shall be governed by and construed in accordance with the laws of Germany excluding the UN Sales Convention on Contracts for the International Sale of Goods and without reference to conflict of laws principles.
The venue for all disputes arising from this Terms of Sale shall be Frankfurt am Main, Germany.

Modal Withdrawal Form

(If you wish to withdraw from the contract please complete and return this form via mail or email.)
- To Merz Pharmaceuticals GmbH, Global Medical Education and Training Aesthetics, Eckenheimer Landstrasse 100, 60318 Frankfurt, Germany, email address: content-support@merz-institute.com
I/We ( ⃰ ) hereby give notice that I/we ( ⃰ ) withdraw from my/our ( ⃰ ) contract of sale of the following course(s) ( ⃰ ):
- Purchased on ( ⃰ ):
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if this form is notified on paper):
- Date:

( ⃰ ) Delete as appropriate