General Terms and Conditions (T&C) of myCARE for the area mail order
Valid from: 01.02.2018
§ 1 General issues
The following conditions apply exclusively as conditions of delivery and payment. Verbal ancillary agreements and deviating purchase agreements of the customer are confirmed by us in writing. In general, only German law shall apply to the entire business relationship, with the exclusion of international law. Conclusion of contract takes place in German, telephone orders can also be submitted in English. All of the goods offered on our website and catalogue pages represent a request for an offer, i.e. in the event of non-availability, the goods do not have to be supplied. Upon an order by a customer, an offer is made which is accepted by us when we send the goods, not when the receipt of the order is confirmed. Acceptance takes place within the delivery periods, at the latest within five days from the receipt of the order. If an order is not fulfilled, the customer is informed about this. The ordering of medications is binding for us, insofar as a valid medical prescription exists in the case of prescription medicines. We do not sell any goods to minors and other persons who are only legally competent to a limited degree, insofar as the goods are not ordered by a legal representative. The prices that were valid when the customer submitted his offer apply.
§ 2 How is an order made
Orders can be made in writing by letter, fax or e-mail, by phone, by submitting a prescription, or over the Internet.
For orders over the Internet, the customer selects the items to be ordered on the accessed website. This can take place either using the error-tolerant item search in the upper area of the page or using the categories on the left-hand side of the page. The desired items are added to the order list by clicking on the symbol with the ‘shopping basket’. The order quantity can be changed by selecting the desired number in the "drop-down menu". The shopping basket can be found in the upper right-hand corner of the screen. Clicking on the ‘shopping basket’ symbol displays the number of selected products. In the shopping basket, the selection can be edited or, to complete the order, the symbol ‘go to checkout’ can be clicked on.
Login then takes place, either by logging in using an e-mail address and password, or by creating a new account. It is also possible to place an order as a “guest” without registration. After completing the login or the entering of the required information as a guest, there is the opportunity to select the delivery address, type of shipping and payment method. After clicking on the symbol ‘continue with the order’, you can check and amend the information about your order on the following page.
The information about the right of cancellation and data protection is displayed. After taking note and confirming the terms and conditions as well as consent to data storage, the order can be concluded by pressing the button "Buy Now>".
A legally binding offer is submitted upon completion of the order. The receipt of the order is confirmed by e-mail.
The contract text is not saved and can no longer be accessed once the order process is concluded. The order details can be printed out immediately after submission or saved as a PDF document.
In the event of requests for amendments or questions about returns, you can contact our customer service team on:
Telephone: 0800 8770120 (Freephone Germany) or from overseas 0049 (0) 3491 877012
Fax: 0800 8770121 (Freephone Germany) or from overseas 0049 (0) 3491 877014
Further information can be found on our help pages at www.mycare.de.
§ 3 Terms of delivery / inland Germany:
(1) Shipping costs
Delivery within Germany is free of charge from an order value of 39.00 € as long as express is not selected. Below this sum, a shipping flat-rate for postage and packing amounting to 2.49 € is payable, where not otherwise agreed with the customer. Orders for prescription medications are generally free of shipping costs as long as express is not selected and delivery takes place within Germany. The condition for the provision of prescription medications is that a valid prescription exists.
For all delivery addresses in Germany - except for German islands - we also offer DHL express shipping for all orders (Monday to Friday) of products marked with “can be delivered immediately”. We charge 11.90 € for postage and packaging for this service (delivery by 12 noon on the next working day). You also have the possibility of choosing delivery between 5pm and 10pm on the next working day. We charge a shipping flat-rate of 25.90 € for this service.
(2) Delivery times
Goods offered in the online shop and marked with green text “can be delivered immediately” are shipped within 1-2 working days after the order is received. These items are either in stock or can be obtained from a wholesaler within one day. Items that have the yellow label ‘delivery time’ can only be shipped within 3-10 working days as these items are neither in our warehouse nor in the warehouse of our wholesaler and need to be obtained directly from the manufacturer. It is unfortunately not possible to order items marked in red as ‘not currently available’.
Goods offered in catalogues, brochures and other promotional materials are shipped within 1-2 working days after the order is received.
If information or advice is required, the customer is contacted immediately. The goods are then shipped after the information or advice is provided, where applicable.
If the shipping of one or more ordered products is delayed or no longer possible, we will inform the customer immediately and the customer is given the option to cancel the order. If subsequent deliveries are required, these are naturally free of charge. Despite careful stockpiling, it is possible that a promotional item may sell out faster than anticipated. We are therefore unable to provide a delivery guarantee, and promotional offers are only valid while stocks last.
If a product cannot be delivered due to force majeure or an interruption in production, we cannot obtain the ordered goods under acceptable conditions, the circumstances only occur following the confirmation of the order contract, and we are not responsible for non-delivery, we are released from the obligation to deliver. The customer is informed of this immediately. Any money paid by the customer is refunded immediately.
We reserve the right to only supply standard domestic quantities.
The shipping times of the partner company DHL, according to its own information, amount to one to three working days within Germany and one working day for express delivery. The precise time of delivery can be arranged over the telephone.
§ 4 Terms of delivery / overseas
(1) General issues
The terms of domestic delivery fundamentally also apply to overseas orders, insofar as not otherwise agreed below. It is not possible to deliver orders to war zones or crisis regions.
Please note that orders from Austria can be made exclusively via www.mycare.at. Orders made via the mycare.de shop cannot be delivered.
Chilled goods will not be delivered.
(2) Shipping costs
The shipping costs for postage and packaging for deliveries to the following countries are: (DT = delivery time after notification from DHL)
Shipping costs to Switzerland: 10.99 € (without VAT, DT 2 days, max 20 kg)
Zone 1 (17.00 € shipping, incl. VAT)
Belgium (DT 2 days, max. 20 kg), Bulgaria (DT 5-7 days, max. 20 kg), Denmark (including Faroe Islands and Greenland) (DT 2-3 days, max. 20 kg), Estonia (DT 4-6 days, max. 20 kg), Finland (DT 4 days, max. 20 kg), France (DT 3 days, max. 20 kg), Greece (DT 4-5 days, max. 20 kg), Great Britain (DT 2-3 days, max. 20 kg), Ireland (DT 3-4 days, max. 20 kg), Italy (DT 3 days, max. 20 kg), Latvia (DT 3-5 days, max. 20 kg), Lithuania (DT 4-6 days, max. 20 kg), Luxembourg (DT 2-3 days, max. 20 kg), Malta (DT 4-6 days, max. 20 kg), Monaco (DT 3-4 days, max. 20 kg), Netherlands (DT 2 days, max 20 kg), Poland (DT 2-3 days, max. 20 kg), Portugal (including Azores and Madeira) (DT 4-5 days, max. 20 kg), Romania (DT 6-8 days, max. 20 kg), San Marino (DT 5-8 days, max. 20 kg), Sweden (DT 3 days, max. 20 kg), Slovenia (DT 3 days, max. 20 kg), Spain (including Balearics and Can. Islands) (DT 4-5 days, max. 20 kg), Czech Republic (DT 2-3 days, max. 20 kg), Hungary (DT 4 Days, max. 20 kg), Cyprus (DT 3-5 days, max. 20 kg)
Zone 2 (22.00 € shipping, incl. VAT)
Andorra (DT 3-5 days, max. 20 kg), Liechtenstein (DT 2-3 days, max. 20 kg), Norway (DT 4-5 days, max. 20 kg), Vatican (DT 5-7 days, max. 20 kg)
Zone 3 (30.00 € shipping, incl. VAT)
Bosnia-Herzegovina (DT 12 days, max. 20 kg), Georgia (DT 10-12 days, max. 20 kg), Gibraltar (DT 7-13 days, max. 20 kg), Iceland (DT 5-10 days, max. 20 kg), Kazakhstan (DT 8-15 days, max. 20 kg), Croatia (DT 7-8 days, max. 20 kg), Macedonia (DT 7-15 days, max. 20 kg), Moldova (DT 10-12 days, max. 20 kg), Montenegro (DT 7-10 days, max. 20 kg), Russian Federation (DT> 14 days, max. 20 kg), Serbia (including Kosovo) (DT 7-10 days, max. 20 kg), Turkey (DT 10-15 days, max. 20 kg), Ukraine (DT 8-19 days, max. 20 kg), Belarus (DT 9 days, max. 20 kg)
Zone 4 (36.00 € shipping, incl. VAT)
Egypt (DT 8-12 days, max. 20 kg), Albania (DT 16 days, max. 20 kg), Algeria (DT 15 days, max. 20 kg), Armenia (DT 8-12 days, max. 20 kg), Azerbaijan (DT 10 days, max. 20 kg), Iraq (DT 15-19 days, max. 20 kg), Iran (DT 10-14 days, max. 20 kg), Israel (DT 8-12 days, max. 20 kg), Jordan (DT 8-12 days, max. 20 kg), Qatar (DT 8-12 days, max. 20 kg), Kuwait (DT 8-12 days, max. 20 kg), Lebanon (DT 8-12 days, max. 20 kg), Libya (DT 12-14 days, max. 20 kg), Morocco (DT 8-12 days, max. 20 kg), Oman (DT 8-12 days, max. 20 kg), Syria (DT 12 days, max. 20 kg), Tunisia (DT 8-12 days, max. 20 kg)
Zone 5 (40.00 € shipping, incl. VAT)
Argentina (DT 10-12 days, max. 20 kg), Australia (DT 11 days, max. 20 kg), Bahrain (DT 8-12 days, max. 20 kg), Brazil (DT 8-12 days, max. 20 kg), Chile (DT 10-12 days, max. 20 kg), China (VR and Taiwan) (DT 11 days, max. 20 kg), Hong Kong (DT 10 days, max. 20 kg), India (DT 10-14 days, max. 20 kg), Indonesia (DT 10-12 days, max. 20 kg), Japan (DT 10 days, max. 20 kg), Canada (DT 10 days, max. 20 kg), Colombia (DT 10-14 days, max. 20 kg), Korea North (DT 15-19 Days, max. 20 kg), Korea South (DT 10 days, max. 20 kg), Malaysia (DT 8-12 days, max. 20 kg), Mexico (DT 8-12 days, max. 20 kg), New Zealand (DT 10-12 days, max. 20 kg), Pakistan (DT 11 days, max. 20 kg), Peru (DT 10-14 days, max. 20 kg), Philippines (DT 10-14 days, max. 20 kg), Saudi Arabia (DT 9-13 days, max. 20 kg), Singapore (DT 6-8 days, max. 20 kg), South Africa (DT 8-12 days, max. 20 kg), Thailand (DT 12 days, max. 20 kg), United States (DT 10-12 days, max. 20 kg), Venezuela (DT 10-14 days, max. 20 kg), United Arab Emirates (DT 8-12 days, max. 20 kg)
Zone 6 (40.00 € shipping, incl. VAT)
Afghanistan (DT 15-19 days, max. 20 kg), Angola (DT 10-16 days, max. 20 kg), Anguilla (Caribbean) (DT 14-19 days, max. 20 kg), Antigua / Barbuda (Caribbean) (DT 14-19 days, max. 20 kg), Equatorial Guinea (DT 15-19 days, max. 20 kg), Aruba (Caribbean) (DT 10-13 days, max 20 kg), Ascension (DT n/a, max. 20 kg), Ethiopia (DT 8-12 days, max. 20 kg), Bahamas (DT 10-14 days, max. 20 kg), Bangladesh (DT 15-19 days, max. 20 kg), Barbados (Caribbean) (DT 10-14 days, max. 20 kg), Belize (DT 13-19 days, max. 20 kg), Benin (DT 15-19 days, max. 20 kg), Bermuda (Caribbean) (DT 10-16 days, max. kg), Bhutan (DT 10-14 days, max. 20 kg), Bolivia (DT 10-14 days, max. 20 kg), Botswana (DT 10-14 Days, max. 20 kg), Brunei (DT 8-12 days, max. 20 kg), Darussalam (DT 8-12 days, max. 20 kg), Burkina Faso (DT 12-16 days, max. 20 kg), Burundi (DT 12-16 days, max. 20 kg), Costa Rica (DT 8-
12 days, max. 20 kg), Dominica (DT 14-16 days, max. 20 kg), Dominican Republic (DT 12-14 days, max. 20 kg), Djibouti (DT 10-16 days, max. 20 kg), Ivory Coast (DT 10-16 days, max. kg), Ecuador (DT 12 days, max. 20 kg), El Salvador (DT 10-14 days, max. 20 kg), Eritrea (DT 8-12 days, max. 20 kg), Falkland Islands (DT 10-15 days, max. 20 kg), Fiji (DT> 30 days, max. 20 kg), French Guiana (DT> 30 days, max. 20 kg), Fr. Polynesia (DT> 30 days, max. 20 kg), Gabon (DT 10 14 days, max. 20 kg), Gambia (DT 10-14 days, max. 20 kg), Ghana (DT 10-14 days, max. 20 kg), Grenada (DT 15-19 days, max. 20 kg), Guadeloupe (DT> 30 days, max. 20 kg), Guatemala (DT 10 14 days, max. 20 kg), Guinea (DT 11-15 days, max. 20 kg), Guinea-Bissau (DT 12-16 days, max. kg), Guyana (DT 15-19 days, max. 20 kg), Haiti (DT 12-14 days, max. 20 kg), Honduras (DT 10-14 Days, max. 20 kg), Jamaica (DT 12-14 days, max. 20 kg), Brit. Virgin Islands (DT 14-19 days, max. 20 kg), Cayman Islands (DT 14-19 days, max. 20 kg), Cambodia (DT 13 days, max. 20 kg), Cameroon (DT 12-16 days, max. 20 kg), Cape Verde (DT 15-19 days, max. 20 kg), Kenya (DT 10-14 days, max. 20 kg), Kyrgyzstan (DT 15-19 days, max. 20 kg), Kiribati (DT> 30 days, max. 20 kg), Comoros (DT 12-16 days, max. 20 kg), Congo (DT 10-14 days, max. 20 kg), Cuba (DT 10-14 days, max. 20 kg), Laos (DT 15-19 days, max. 20 kg), Lesotho (DT 10-14 days, max. 20 kg), Liberia (DT 12-16 days, max. 20 kg), Macau (DT 11 days, max. 20 kg), Madagascar (DT 12-16 days, max. 20 kg), Malawi (DT 12-16 days, max. 20 kg), Maldives (DT 12-16 days, max. 20 kg), Mali (DT 10-14 days, max. 20 kg), Martinique (DT> 30 days, max. 20 kg), Mauritania (DT 10-14 days, max. 20 kg), Mauritius (DT 10 Days, max. 20 kg), Mongolia (DT 12-19 days, max. 20 kg), Montserrat (DT 14-19 days, max. 20 kg), Mozambique (DT 10-14 days, max. 20 kg), Myanmar (DT 10-14 days, max. 20 kg), Namibia (DT 10-12 days, max. 20 kg), Nauru (DT> 30 days, max. 20 kg), Nepal (DT 10-14 days, max. 20 kg), New Caledonia (DT> 30 days, max. 20 kg), Nicaragua (DT 10-14 days, max. 20 kg), Dutch Antilles (DT 10-13 days, max. 20 kg), Niger (DT 12-15 days, max. 20 kg), Nigeria (DT 10-14 days, max. 20 kg), Panama (DT 8-12 days, max. 20 kg), Papua New Guinea (DT 12-15 days, max. 20 kg), Paraguay (DT 10-14 days, max. 20 kg), Pitcairn (DT> 30 days, max. 20 kg), Reunion (DT 11-14 Days, max. 20 kg), Rwanda (DT 10-14 days, max. 20 kg), Solomon Islands (DT> 30 days, max 20 kg), Zambia (DT 10-15 days, max. 20 kg), Samoa (DT> 30 days, max. 20 kg), Sao Tone (DT 13-15 days, max. 20 kg), Senegal (DT 12-15 days, max. 20 kg), Seychelles (DT 10-13 days, max. 20 kg), Sierra Leone (DT 11-15 days, max. 20 kg), Zimbabwe (DT 10-13 days, max. 20 kg), Sri Lanka (DT 8-12 Days, max. 20 kg), St. Helena (DT 14-19 days, max. 20 kg), St. Kitts u. Nevis (DT 12-14 days, max. 20 kg), St. Lucia (DT 12-14 days, max. 20 kg), St. Pierre u. Miquelon (DT> 30 days, max. 20 kg), St. Vincent u. Grenadines (DT 12-14 days, max. 20 kg), Sudan (DT 10-14 days, max. 20 kg), Suriname (DT 10-14 days, max. 20 kg), Swaziland (DT 9-13 days, max. 20 kg), Tajikistan (DT 10-14 days, max. 20 kg), Tanzania (DT 10-14 days, max. 20 kg), Togo (DT 10-14 days, max. 20 kg), Trinidad u. Tobago (DT 12-14 days, max. 20 kg), Tristan da Cunha (DT n/a, max. 20 kg), Chad (DT 10-14 days, max. 20 kg), Turkmenistan (DT 10-14 days, max. 20 kg), Turks- u. Caicos Islands (DT 14-19 days, max. 20 kg), Tuvalu (DT> 30 days, max. 20 kg), Uganda (DT 10-14 days, max. 20 kg), Uruguay (DT 14 days, max. 20 kg), Uzbekistan (DT 10-14 days, max. 20 kg), Vanuatu (DT> 30 days, max. 20 kg), Vietnam (DT 10-14 days, max. 20 kg), Valais u. Futuna (DT> 30 days, max. kg), Central Africa (DT 10-14 days, max. 20 kg)
The shipping costs for heavier packages are available upon request. If customs costs are occurred, these are not included in the delivery charge and must be paid by the customer.
(3) Delivery times
The shipping times of the partner company DHL, according to its information, amount to 2 to 10 days in Europe and at least 5-10 working days outside of Europe, although they may be considerably longer as delays can occur due to poor logistics links, customs processing etc.
§ 5 Terms of payment / Inland Germany:
The purchase price becomes payable upon conclusion of the contract, i.e. when the goods are handed over to the carrier, and is to be paid within 10 days of receipt of the goods. A cash discount is not permitted unless this has been explicitly agreed with the customer. All prices are final prices in euros including the applicable value-added tax. For some products, item procurement costs may be incurred, which are declared separately. The payment methods available are invoice, PayPal, prescription (statutory health insurance), prepayment, SEPA direct debit, and credit card payment. We reserve the right to exclude payment methods without providing justification. When prepayment is chosen as the preferred payment method, delivery will only be after the total purchase price has been credited; when paying with prescription only after its receipt (the customer agrees to pay immediately / to send in the receipt). You can pay with these credit cards: American Express, MasterCard or Visa. Your credit card account is only charged with the invoice sum on the day of despatch. Fees charged by the banks for reversing a transaction due to incorrect account information and which are not due to a fault on our part are borne by the customer. The following bank details are to be used for transfers within Germany: myCARE, Deutsche Bank AG, BIC: DEUTDEDBLEG, IBAN: DE12 8607 0024 0667 8338 00, stating the invoice number as the reason for payment.
We bear the return service risk until the handover of the ordered goods by the carrier to the customer, insofar as the customer is a consumer. According to section 286 III of the German Civil Code [BGB], the customer will be in default if he has not paid within 30 days of the payment becoming due and of receipt of the invoice, or an equivalent request for payment. The customer will be once again notified of the invoice with the request of payment.
§ 6 Terms of payment / overseas
The purchase price becomes payable upon conclusion of the contract, i.e. when the goods are handed over to the carrier. All prices are final prices in euros including the applicable value-added tax. For some products, item procurement costs may be incurred, which are declared separately. The payment methods available are prescription (German statutory health insurance), prepayment, PayPal and credit card payment. For prepayments, delivery will only be made after the whole purchase price is credited. You can pay us by using these credit cards: American Express, MasterCard or Visa. The credit card account is naturally only charged with the invoice sum on the day of despatch. We reserve the right to exclude payment methods.
The following bank details are to be used for transfers:
IBAN: DE12 8607 0024 0667 8338 00
stating the invoice number as the reason for payment.
§ 7 Cancellation / costs of returns
The right to cancel is only granted to a consumer within the meaning of section 13 of the German Civil Code [BGB] and refers to goods ordered from myCARE, which were not prefabricated and for the manufacture of which an individual selection or designation by the customer is crucial or which are clearly tailored to the personal needs of the customer and/or are not suitable for return for reasons of health protection and hygiene when their seal is removed following delivery and/or can quickly spoil or their expiry date is quickly exceeded.
Right of withdrawal
You have the right to withdraw from this contract, without providing justification, within fourteen days. The cancellation period amounts to fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. In the event that we undertake numerous deliveries for one order, the cancellation period amounts to fourteen days from the day on which you or a third party named by you, who is not the carrier, took or takes possession of the last goods.
To exercise your right of withdrawal, you must inform us (myCARE e.K., P.O. Box 100 158, 06140 Halle/Saale, Fax: +49 (0) 3491-877014, E-mail: email@example.com) in a clear statement (e.g. a letter sent by post, fax or an e-mail) of your decision to withdraw from this contract. You can use the enclosed template withdrawal form, although this is not mandatory. To observe the cancellation period, it is sufficient that you submit the notification about your exercising of the right of withdrawal before the cancellation period expires.
Consequences of a cancellation
If you withdraw from this contract, we are to pay back to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from you choosing another form of delivery than the cheapest, standard delivery we offered), immediately and at the latest within fourteen days from the day on which the notification about your withdrawal from this contract was received by us. To make this repayment, we use the same method of payment that you used when making the original transaction, unless we explicitly agree otherwise with you; in no case are you charged fees due to this payment. We can refuse the repayment until we have either received the returned goods back or until you provide evidence that you have sent back the goods, whichever is the earliest.
You are to send back to us or hand over the goods immediately and in all cases at the latest within fourteen days from the day on which you inform us of your withdrawal from this contract. The period is observed when you send the goods before the period of fourteen days expires. You bear the direct costs of sending back the goods.
You must only compensate for any loss of value of the goods if this loss of value is attributable to unnecessary handling by you to inspect the characteristics, properties and functioning of the goods.
Cancellation policy with cancellation form to save and print out
End of cancellation policy
§ 8 Defects/warranty/liability:
We fundamentally provide a warranty according to the statutory provisions. Notwithstanding this, it is agreed that the warranty period amounts to two years, calculated from the passing of risk. The information and illustrations that are contained in the online shop or catalogues, in particularly those contained in price lists, are of a purely informative nature and do not represent guarantees. Insofar as the customer is a merchant and the contract forms part of his trading activities, section 377 of the German Commercial Code [HGB] applies. If there is a breach of duty for which we are responsible, the customer is obliged to provide notification of this and can provide us with a suitable period of time to provide subsequent deliveries or rectifications. If the subsequent delivery or rectification is unsuccessful, the customer is entitled, as he chooses, to request a subsequent delivery or reduction of the purchase price, or to withdraw from the purchase agreement and/or demand compensation. If the customer also demands compensation, we are only liable for damage to the ordered goods. Further claims by the customer for compensation are excluded, insofar as there is no guarantee, no personal injury, bodily harm or damage to health, no intent and no gross negligence.
The information provided on this website was inspected carefully and is updated regularly. However, no guarantee can be assumed that all information is complete, correct and up to date at all times. This applies in particular to product information from the manufacturers from the package insert shown.
We have placed links on our website to other pages on the Internet. These pages were inspected before the link was created and no legal infringements could be identified. We have no influence whatsoever on the design or content of the linked pages and we would like to explicitly distance ourselves from all content on the linked pages of third parties and we do not appropriate this content. This declaration applies to all links displayed and to all content on pages to which links lead.
§ 9 Information on the battery law / electronics law:
In connection with the sale of disposable and rechargeable batteries and with the delivery of equipment that contains disposable or rechargeable batteries, we are bound by the battery law to inform you of the following:
Batteries cannot be disposed of with domestic waste. As the end consumer, you are legally required to return used batteries. You can return used batteries to the retailer or in its immediate vicinity (e.g. to communal collection points or to shops) free of charge. You also return batteries from our product range in normal quantities to us by post.
Disposable or rechargeable batteries that contain harmful substances are labelled with the symbol of a crossed-out refuse bin. The chemical designation of the harmful substance can be found near the refuse bin symbol. ‘CD’ stands for cadmium, ‘Pb’ for lead and ‘Hg’ for mercury.
Electrical and electronic devices must not be disposed of in the household waste. Disposal is only possible via the local community collection points.
§ 10 Data protection:
We collect, process and transfer the data required for handling the order on data carriers for our own business purposes while observing the corresponding statutory regulations. For security reasons and to perform our pharmaceutical service, we use and handle further personal data from the customer, which is provided on a voluntary basis. We confirm that we only use the data to perform the respective pharmaceutical services and do not pass this information on to third parties. By submitting the medicine check, the customer grants his consent that the stated data can be collected, processed and transferred to provide pharmaceutical services while observing the data protection laws. For the purposes of contract management, the collected data is processed and, where required for contract management, transferred to service providers commissioned by myCARE e.g. DHL. In this case, the recipient of the data is bound to comply with the Federal Data Protection Act [BDSG]. For the purpose of deciding on the justification, implementation or termination of the contractual relationship (purchase through invoice) and taking into account the respective legitimate interest of the customer to the exclusion of the transfer or its use, we transfer the for this purpose required data to Bürgel Wirtschaftsinformationen GmbH & Co. KG, Radlkoferstraße 2, 81373 München. This service provider issues us with the stored data of the customer in their database including address and credit information, including such on the basis of mathematical-statistical method determined data available, insofar as we have credibly demonstrated a legitimate interest. We transfer to the aforementioned service provider, where applicable, together with names and addresses, any negative data of which we become aware as part of the business relationship due to an inability or refusal to pay by the customer as part of legal proceedings. This data can be provided to third parties for creditworthiness checks if there is a legitimate interest to the use of this data. A transfer of the data to other third parties (address sales) does not take place. Please note: The customer can object at any time to the use, processing and transfer of the personal data to fulfil pharmaceutical services by sending an informal notification to the address stated below. However, this does not apply to data required to process the order. On receipt of the objection, we will use, process and transfer the data exclusively to process the order.
On request, we will be happy to provide information free of charge to the customer regarding the saved data that relates to their person. Our data protection officer is available for this purpose and for other notifications:
Mrs Yvonne Buse
P.O. Box 100158, 06140 Halle (Saale)
Telephone: +49 (0) 3491-8770268
Fax: +49 (0) 3491 877014
There are no costs other than the cost of sending the revocation.
§ 11 Severability clause: The invalidity of individual provisions does not affect the validity of the remaining provisions. In particular, the contract remains effective for both parties
§ 12 Place of jurisdiction:
For customers who have their permanent residence outside the European Union, the exclusive place of jurisdiction and place of fulfilment is at our place of business, and the same applies to dealers. In dealings with customers within the European Union, the law at the customer’s place of residence may also apply, insofar as the customer is an end customer and the matter concerns mandatory consumer-law regulations.
We are available to participate in a dispute resolution procedure at the following Consumer Arbitration Body:
General Consumer Arbitration Board of the Center for Mediation e.V.
Straßburger Str. 8
Telephone: +49 (0) 7851 79579 40
Fax: +49 (0) 7851 79579 41
§ 12 Supplier information
Head office address:
Owner: Christian Buse
Area: Mail Order
Friedrichstr. 125 b
06886 Lutherstadt Wittenberg
Queries from Germany:
Telephone: 0800-8770120 (Freephone),
Fax: 0800-8770121 (Freephone)
Queries from Overseas:
P.O. Box 100158
Mr Christian Buse
Country in which the title was acquired:
Responsible supervisory body:
State Administration Office Halle
Department: Pharmaceuticals and pharmacy
06112 Halle/Saale, Germany
Telephone: +49 (0) 345-514-0
Fax: +49 (0) 345-514-1291
Responsible pharmacist association:
Apothekerkammer Saxony-Anhalt, Managing Director: Dr. Ch. Heinrich
39120 Magdeburg, Germany
Telephone: +49 (0) 391-609040
Fax: +49 (0) 391-6090435
Professional code of conduct for pharmacists, Federal State of Saxony-Anhalt:
Commercial register court and number:
Local Court Stendal HRA 10287
VAT ID No.:
The following data protection declaration applies to all services provided by myCARE in stationary pharmacies. It relates to mail-order products as well as the websites, apps and social networks that we use and customer cards and other services - hereinafter referred to as services.
II. Information on data processing
1. Collection and storage of personal data as well as the type, purpose and duration of its use
We collect your personal data and health data, if necessary, in order to provide our pharmaceutical services, in particular:
- t o supply the health products ordered
- to check interactions and intolerances
- to provide advice, if necessary, on delivery bottlenecks or replacement products
- for documentation, correspondence, billing and credit assessment
- for advertising and individualised offers.
The collection of data is necessary both for contractual and legal reasons in order to provide our services so that the contract can be fulfilled and contact can be made. Otherwise we cannot adequately assess any health risks that may arise and cannot provide careful and comprehensive pharmaceutical care/recognition of your rights. The data will continue to be used for our own legitimate interests in order to offer vouchers, discounts, special offers and other targeted promotions to you by email or post.
a) For this purpose, the following data is collected, in particular:
- Personal master data such as first names, surnames, addresses, dates of birth, insurance data,
telephone numbers, emails, age, gender, bank details etc.
- Health-related data on illnesses, physical injuries, intolerances and interactions
- Data and information about agreements and arrangements, order data, payment data, shipping, invoicing and other data that you provide for the purchase or shipment of the ordered products as well as information required for customs clearance (e.g. tax number or other identification numbers) and relevant shipping information (e.g. shipment numbers and shipment tracking).
- Other information necessary for the provision of our pharmaceutical services, the collection and processing of which we are legally obliged or entitled to collect and which we require for your authentication or identification or for the verification of the data we collect, such as data from credit agencies.
- IP address, your browser history data and your weblog information.
b) Your data will be processed for the following purposes:
The processing of the data includes the collection, capture, organisation, arrangement, storage, adaptation or modification, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, deletion or destruction of the data.
c) We need personal master data in order to delivery the goods ordered and to prepare the invoice. We need your email address in order to send you e.g. order and shipping confirmation, information about the goods and to clarify shipping arrangements by email. We need your telephone number in case we have any questions about your order or if we need to give you pharmaceutical information. We are legally obliged to do so.
By collecting your date of birth, we ensure that you are at least 18 years old. We need to do so in order to provide any necessary information about the products ordered as their use may require age-specific information. We use your bank data to process the payment. We also process your personal master data for our own business purposes in order to create services tailored to your needs, for our own marketing purposes and for technical administration.
d) We process health data to protect your interests in order to recognise and check interactions and to give you pharmaceutical advice about the use of the products as required, to make recommendations, to inform you about risks that may only become known after the order and to carry out possible product recalls.
e) The data collected will be stored for at least 10 years; if we come to have a legal interest in this, then the data can be stored for up to 33 years if it is required to defend against liability claims. In order to process your data, it is necessary that you give your consent to this data processing. Consent is voluntary.
2. Data from third parties
3. Disclosure of data to third parties WITH/WITHOUT your consent
a) Disclosure of data to third parties WITH your consent
For the provision of our pharmaceutical services it may be necessary to disclose your health-related data to third parties. This includes passing data on to your doctors, nursing services, other pharmacies, pharmaceutical manufacturers, accounting offices, your nursing facilities, your representatives or to authorities. The data passed on may be used by the third party exclusively for the purposes mentioned. The duty of confidentiality remains unaffected. Data will only be passed on to third parties in consultation with you and with your express consent.
b) Forwarding data to third parties WITHOUT your consent
aa) Billing data
Necessary personal data will be passed on to cooperating financial service providers, your health insurance companies and billing service providers to process transactions.
bb) Shipping companies
Address data necessary for delivery will be forwarded to cooperating shipping companies (e.g. DHL, Deutsche Post). This also enables shipment tracking.
cc) Tax advisers, lawyers, courts, law enforcement authorities
In order to enforce possible payment claims by court order and to combat any existing fraudulent activities, the data may be passed on to third parties (tax advisers, lawyers, courts, law enforcement authorities, parties involved in legal proceedings) if there is a legitimate interest. Data may also be passed on to authorised third parties (tax advisers/tax offices) for tax advice and auditing purposes and for the preparation of tax returns. Data may also be disclosed in order to avert imminent grave danger to life and limb.
You can use our services with a customer account or as a guest without a customer account.
a) Customer account
We set up password-protected access to your stored inventory data (customer account) for every customer who registers accordingly. Here you can view data about your orders and manage your address data, bank details and the newsletter, use your personal notepad and, if necessary, track your bonus hearts.
You agree to treat your personal access information confidentially and not to make it available to any unauthorised third parties. We can accept no liability for the misuse of passwords, unless we are responsible for said misuse.
After your consent we will use your data:
- to provide our pharmaceutical services, such as interaction control and recall management
- to provide pharmaceutical advice by telephone, letter or email
- for the transmission of advertising by letter, package inserts, telephone, or email
- for the transmission of advertising from third parties (package inserts)
- to enable transactions via the respective payment method
b) Guest customer
You can also conveniently order from us without your own online customer account. Please note that your personal data will be collected, processed and used for the respective order even if you place an order without registering. With each order you must enter your details again.
When you order from us as a guest, we use the data of your order:
- for the provision of our pharmaceutical services, such as interaction control and managing recalls
- for pharmaceutical advice via telephone, letter or email
- to enable transactions via the respective payment method
c) You can withdraw your consent informally at any time.
The revocation of consent shall not affect the legality of any processing carried out on the basis of the consent provided before its revocation.
d) Credit assessment
When using the payment methods "invoice and direct debit", we use your personal data for the purpose of deciding on the establishment, execution or termination of the contractual relationship, taking into account your interests worthy of protection in preventing the transmission or use of your data. We forward the data required for this purpose to CRIF Bürgel GmbH, Radlkoferstr.2, 81373 Munich. This service provider provides us with the customer's address and creditworthiness data stored in its database, including such data determined on the basis of mathematical-statistical procedures provided that we have substantiated a legitimate interest.
By choosing the credit card or prepayment payment method you avoid transmitting data to the Bürgel company.
e) Email communication
According to the state of present technology, email communication is not considered secure without adequate encryption because third parties could view emails and their attachments. This can be particularly worrying when sensitive data is exchanged, e.g. your medication orders.
Nevertheless, email communication has established itself as a fast and paperless communication channel in our daily practice. We would like to continue to send you information about your order, e.g. availability, replacement products, maximum quantity limits etc. by email. For this we need your separate consent.
The same applies to email communication with third parties, e.g. your relatives, health insurance provider, authorities, doctors, nursing services etc. Here it may be necessary for us to exchange your personal data quickly and in electronic form by email. We also need your separate consent for this.
5. Duty of confidentiality
We are subject to a legal duty of confidentiality. In order to process your orders, it may be sensible and necessary, in consultation with you, to forward data and health data to your doctors, your nursing services, other pharmacies, pharmaceutical manufacturers, accounting offices, your nursing facilities, your representatives and to authorities for the production of blister packs for myCARE Homeservice GmbH or to communicate with you or the aforementioned third parties. In order to enable this data forwarding, you must release us from the legal duty of confidentiality. The release from the duty of confidentiality can also be revoked at any time through informal notification to us.
In addition to processing your data for order processing, we also use your data to inform you about special offers and marketing campaigns.
You can opt out of the use of your personal data for advertising purposes at any time, either completely or for individual measures. All you need to do is send a short message to datenschutzmycare.de
We use the double opt-in procedure for registration to the mycare.de newsletter. Upon registeringhttps://www.mycare.de/newsletter-abmelden or by email to datenschutz mycare.de, without incurring any costs other than the sending costs according to the basic rates. In addition, you will find an unsubscribe link in each newsletter.
When you sign up for our newsletter, your email address will be used for our own promotional purposes until you unsubscribe from the newsletter. You will receive regular information by email on current topics and emails for special occasions. The emails can be personalised and individualised based on our information about you.
By registering for the newsletter, we obtain your consent for user-related analysis and profiling. Only register for the newsletter if you agree to the evaluation described below. The revocation of your consent also automatically means that you will not receive any more newsletters. For the purposes of displaying the newsletter and calling up individual links from the newsletter, information is collected and analysed, which is transmitted automatically. The data collected is used to create personalised user profiles. In this way, mycare.de is trying to continuously improve the service for you and to inform you about suitable offers and promotions in an even more personalised way.
This website uses session cookies to make your shopping experience as convenient as possible. Access to our shopping basket is not possible without cookies. Cookies are small amounts of data that your internet browser stores on your computer. These do not stay on your computer. Temporary cookies are also deleted when you leave our site. We can analyse usage patterns on our website using the information collected. In this way we can optimise our website for you. We assure you that no personal data or data relevant to your security is stored in the cookies and that they are not linked to personal data.
On www.mycare.de you will find personal recommendations. These are based on categories that you have already looked at, searched for or purchased from at www.mycare.de. This information is stored in a so-called cookie. If you are not registered as a mycare.de customer, no personal data such as your name, date of birth and address will be stored and it will not be possible to draw conclusions about you personally. If you have registered as a new customer in the shop, an encrypted reference to your customer number is stored in the cookie.
Our website uses technologies from Emarsys eMarketing Systems AG (Märzstraße 1, A-1150 Vienna). This means that Emarsys cookies are stored on your hard drive when you visit our website. These are automatically deleted after 12 months. Cookies help to make our internet offer and our website more interesting and improve our email newsletters, especially by adapting information and offers to your individual interests and needs.
If you do not accept the use of browser cookies, you can set your browser to refuse the storage of cookies. Please note that in this case you may only have restricted use of our website and may not be able to use it at all. If you only want to accept our own cookies but not those of our service providers and partners, you can select the setting "block third party cookies" in your browser.
3. Retargeting technology
This website uses retargeting technology. This makes it possible to target visitors to our website who are already interested in our shop and our products with personalised adverts relating to their interests. The assimilation of advertising media during retargeting is based on a cookie-based analysis of previous user behaviour in order to collect anonymous data about your interests and thus adapt the advertising individually according to the stored information. Of course, no personal data is stored and the use of retargeting technology is also carried out in compliance with the applicable legal data protection regulations.
b) Criteo GmbH
On this website, information about the surfing behaviour of website visitors is collected for marketing purposes (targeting/retargeting) and stored anonymously using the technology of Criteo GmbH. This data is stored on your computer using cookies. Criteo uses an algorithm to analyse surfing behaviour and can then display advertising banners on other websites (so-called publishers). Under no circumstances can the data collected be used to personally identify the visitor to this website. The data collected is only used to improve the offer. Any other use or disclosure to third parties will not take place. If you would like Criteo to disable tracking, please visit http://www.criteo.com/privacy. Please note that if you deactivate personalised ads from Criteo and other advertisers, you will continue to receive ads that are less tailored to your interests/surfing habits.
c) Google Retargeting
This website uses retargeting technology from Google Inc. ("Google"). This makes it possible to target visitors to our website who are already interested in our shop and our products. The incorporation of advertising media is done according to a cookie-based analysis of the user's previous behavior. No personal data is, however, stored during this process. In cases of retargeting technology, a cookie is stored on your computer or mobile device to capture anonymous data on your interests and to customise advertising according to the saved information. These cookies are small text files that are stored on your computer or mobile device.
Further information and the data protection regulations regarding advertising and Google can be viewed here: http://www.google.com/policies/technologies/ads/
Use of Bing Ads Universal Event Tracking (UET)
Data on our website is collected and stored using Bing Ads technologies from which user profiles are created using pseudonyms. This is a service from Microsoft Corporation, One Microsoft Way Redmond, WA 98052-6399, USA. This service makes it possible to track the activities of users on our website when they reach our website via ads from Bing Ads. If you access our website via such an advertisement, a cookie is placed on your computer. A Bing UET tag is integrated into our website. This is a code used in connection with the cookie to store some non-personal data about the use of the website. Information about your identity is not collected. The information collected is transferred to the Microsoft server in the USA and stored there for a maximum of 180 days. You can prevent the collection of data generated by the cookie and related to your use of the website and the processing of this data by deactivating the placement of cookies. This may restrict the functionality of the website. In addition, Microsoft may be able to track your usage across multiple electronic devices through cross-device tracking, enabling it to display personalised advertising on or in Microsoft websites and apps.
You can disable this behaviour under the following link: http://choice.microsoft.com/en-EN/opt-out
For more information on Bing's analysis services, please visit the Bing Ads website:
This website uses Google Analytics, a web analysis service from Google Inc. ("Google"). Google Analytics uses "cookies", text files that are stored on your computer and that enable your use of the website to be analysed. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be truncated by Google within the member states of the European Union or in other countries that are contracting parties to the agreement in the European Economic Area. In exceptional cases only, the complete IP address may be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website in order to compile reports on the activities of the website and to provide further services relating to the use of the website and the internet usage vis-a-vis the operator of the website. The IP address that your browser transmits within the scope of Google Analytics will not be associated with any other data held by Google. You can stop these cookies from being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website.
Furthermore, you can prevent the collection of data generated by the cookie and related to your usage of the website (incl. your IP address) and the processing of the data by Google by downloading and installing the browser plugin available under the following link.
Place an opt-out cookie for this browser and website
For the demand-oriented design and optimisation of our website, anonymised data is collected and stored by solutions and technologies from econda GmbH (www.econda.de) and user profiles are created from this data using pseudonyms. Cookies may be used for this purpose in order to allow the internet browser to be recognised. However, user profiles are not merged with data about the bearer of the pseudonym without express consent of the visitor. In particular, IP addresses are made unrecognisable directly after collection, which makes it impossible to assign user profiles to IP addresses.
You can opt out of this data collection and storage here at any time for the future.
c) Visual Website Optimiser
5. Social Plugins: Facebook, Google+, Twitter, YouTube, Instagram
Social plugins from Facebook, Google+, Twitter, YouTube and Instagram are used on this website. You can recognise the social plugins by the logos that can be viewed on the social network websites.
When you visit a site that contains such a plugin, your browser connects to social networks and the content is loaded from those sites. Your visit to this website may be tracked by the social networks, even if you do not actively use the social plugin function. If you have an account on Facebook, Google, etc., you can use such a social plugin to share information with your friends. myCARE has no influence on the content of the plugin and the transmission of information.
Facebook, Google+ and Twitter provide detailed information on the scope, type, purpose and further processing of your data on their websites. Here you will also find further information on your rights and settings options for protecting your privacy.
- facebook.com: Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.
Facebook data protection policy:https://www.facebook.com/about/privacy
- Google+: Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
- Twitter: Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA
- YouTube: Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
- Instagram: Instagram LLC, represented by Kevin Systrom and Mike Krieger, 1601 Willow Rd, Menlo Park CA 94025, USA.
IV. Your rights
If you have created a customer account, you can access, check and change the stored personal and/or health data after logging in. We can also close your customer account upon request.
Regardless of whether you have created a customer account or not, you have the following rights:
- to informally revoke your consent once given to us at any time. The revocation of consent shall not affect the legality of any processing undertaken on the basis of this consent before its withdrawal.
- to request information about your personal data processed by us. In particular, you may request information on the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or to opt out, the existence of a right of complaint, the origin of your data, insofar as it has not been collected by us;
- to request the immediate correction of incorrect or incomplete personal data stored by us;
- to request the deletion of your personal data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information or to fulfil a legal obligation for reasons of public interest or to raise, exercise or defend legal claims;
- to request the restriction of the processing of your personal data if you dispute the accuracy of the data, if the processing is unlawful but you do not wish to delete it and we no longer need the data, but you need it to assert, exercise or defend legal claims or if you have filed an objection to the processing;
- to receive the personal data you have provided to us in a structured, current and machine-readable format or to request its transfer to another responsible person and
- to complain to a regulatory authority. You can contact the State Commissioner for Data Protection of Saxony-Anhalt, Leiterstraße 9, 39104 Magdeburg | Postal address: P.O. Box 1947, 39009 Magdeburg Email: firstname.lastname@example.org, Phone: 0391/ 81803-0; Fax: 0391/ 81803-33.
Right of objection
If your personal data is processed on the basis of legitimate interests, you have the right to object to the processing of your personal data provided that there are reasons for this arising from your particular situation.
If you wish to object, you can do so by sending an email to datenschutzmycare.de.
6. Data protection officer
Our data protection officer is available for your communications:
myCARE e.K., P.O. Box 100158, 06140 Halle (Saale)
Zur Speicherung Ihrer Gesundheitsdaten möchten wir folgendes mitteilen:
Gemäß Artikel 9 der EU Datenschutz-Grundverordnung (EU DS-GVO) genießen sogenannte sensible personenbezogene Daten einen ganz besonderen Schutz. Darunter fallen sämtliche gesundheitsbezogene Daten. Bei diesen Daten ist die Verarbeitung grundsätzlich untersagt, sofern keine Einwilligung vom Betroffenen/Kunden vorliegt oder einer der Ausnahmetatbestände eingreift.
Sie bestellen bei uns Gesundheitsprodukte. Aufgrund dieser Bestellung könnten Rückschlüsse auf mögliche Leiden, Krankheiten oder Gebrechen gezogen werden, somit geben Sie im Rahmen Ihrer Bestellung auch Gesundheitsdaten an.
Hierbei ist bisher noch nicht rechtsicher geklärt, ob wir Ihre Gesundheitsdaten auch ohne ausdrückliche Einwilligung verarbeiten dürfen. Da wir den Datenschutz sehr ernst nehmen, klären wir Sie über die Datenverarbeitung auf und erbitten Ihre ausdrückliche Einwilligung zur Verarbeitung Ihrer Gesundheitsdaten.
Ich willige ein in die Kommunikation per E-Mail.
Auszug aus der Datenschutz-Erklärung: Stand 25.5.18
II. Hinweise zur Datenverarbeitung
Nach dem Stand der Technik wird die E-Mail-Kommunikation ohne hinreichende Verschlüsselung als nicht sicher bewertet, denn Dritte könnten sich Einblicke in E-Mails und deren Anlagen verschaffen. Das kann insbesondere bedenklich sein, wenn sensible Daten ausgetauscht werden, wie z.B. Ihre Medikamentenbestellungen.
Gleichwohl hat sich die E-Mail-Kommunikation hat als schneller und papierloser Kommunikationsweg in unserer täglichen Praxis durchgesetzt. So würden wir Hinweise zu Ihrer Bestellung z.B. über Lieferfähigkeit, Ersatzprodukte, Höchstmengenbegrenzungen etc. gern weiterhin per E-Mail an Sie senden. Dazu benötigen wir Ihre gesonderte Einwilligung.
Gleiches gilt für die E-Mail-Kommunikation mit Dritten, wie z.B. Ihre Angehörigen, Krankenversicherung, Behörden, Ärzte, Pflegedienste etc. Hier kann es erforderlich sein, dass wir Ihre personenbezogenen Daten per E-Mail schnell und in elektronischer Form austauschen. Auch dafür benötigen wir Ihre gesonderte Einwilligung.