General Terms and Conditions (GTC)

(1) These GTC apply to all contracts for the paid CSS and listing service of The Pharmacy between DREXP CONSULTANTS SRL (hereinafter "The Pharmacy") and the respective merchant.

(2) The offer is aimed exclusively at businesses. Contracts with consumers are excluded.

(3) Conflicting or deviating terms and conditions of the merchant do not become part of the contract unless The Pharmacy expressly agrees to their application in text form.

(1) The Pharmacy operates a Comparison Shopping Service (CSS) accredited by Google within Google's CSS programme, as well as the price comparison site The Pharmacy.

(2) The service comprises in particular:

• admitting the merchant's Merchant Center account to the CSS of The Pharmacy, so that the merchant's shopping ads are served through that CSS,
• on request, listing the merchant's products on the price comparison site The Pharmacy,
• a self-service portal for managing the services.

(3) Serving ads through a CSS may affect effective cost per click compared with booking directly. No particular saving, placement, reach or commercial success is warranted.

(1) The contract is concluded when the merchant registers on The Pharmacy and completes the paid subscription process via the payment service provider Stripe.

(1) Admission to the CSS requires the merchant to confirm the transfer of its Merchant Center account to the CSS of The Pharmacy in its Google account. Google determines the transfer process and its deadlines (currently a period of up to 14 days provided for by Google); The Pharmacy has no influence on this.

(2) Listing on the price comparison site requires the merchant to provide a machine-readable product feed. Product data is updated regularly, as a rule daily.

(3) The Pharmacy provides the services with reasonable availability. There is no claim to uninterrupted availability; maintenance work and disruptions, in particular at third-party services (e.g. Google), remain reserved.

(1) The Pharmacy analyses the data arising under this contract — in particular the merchant's product and feed data, the product and account issues reported by Google, price benchmarks and click and performance data from the price comparison — and derives from it proposals for optimising the merchant's product data and campaigns. The analysis and the proposals are also produced automatically.

(2) The Pharmacy makes changes to product data exclusively through its own supplemental data source in the merchant's Merchant Center account. The merchant's original feed remains unchanged; The Pharmacy can withdraw supplemented values at any time.

(3) A change only takes effect once the merchant has approved the relevant proposal in the portal; the merchant may also grant that approval permanently for individual types of change. Changes are made only within the scope of the access rights the merchant has granted The Pharmacy in its Google accounts. The merchant may revoke an approval and withdraw the access rights at any time; The Pharmacy will make no further changes thereafter.

(4) Notes on campaigns, in particular on structure, bids and budgets, are recommendations. The merchant runs the campaigns in its own Google Ads account; The Pharmacy makes adjustments there only where the merchant has expressly granted access for that purpose.

(5) Optimisation is a service; no particular outcome is owed. Visibility, placement, click volumes, click prices, revenue and profitability are neither assured nor guaranteed; the results depend substantially on circumstances over which The Pharmacy has no influence, in particular on Google's decisions and algorithms, on competition and on the merchant's assortment, prices and budget. The merchant remains responsible for the accuracy, completeness and lawfulness of its product data under Section 6. Liability is governed by Section 11.

The merchant is obliged

• to provide accurate, current and complete product, price and company data; for consumers, the details shown in the merchant's shop always prevail,
• to list only products whose promotion and sale are lawful and which comply with Google's policies (in particular the Shopping policies),
• to run its own Merchant Center and Google Ads account; the merchant bears the cost of serving ads (click costs) directly towards Google,
• to perform the acts of cooperation required for the provision of the services (in particular confirming the CSS transfer).

(1) The use of Google services (Merchant Center, Google Ads) is based on separate contracts between the merchant and Google. The Pharmacy thereby becomes neither a contracting party nor a vicarious agent of Google.

(2) The Pharmacy has no influence on Google's decisions, in particular on account suspensions, product disapprovals, policy changes or the design of the CSS programme. Such decisions do not constitute a defect in the services of The Pharmacy.

(3) The cost advantage over Google Shopping results from the fact that Google Shopping, as a CSS, adds a markup to its merchants' bids which does not apply when participating through The Pharmacy. The Pharmacy has no influence on the size of this markup, on the pricing in Google's auctions or on the saving actually achieved in an individual case. Figures such as "around 20%" describe an order of magnitude; they are neither a warranted characteristic nor a guarantee.

(1) The merchant pays the monthly flat fee shown when the subscription is concluded. No revenue-based or click-based commission is payable to The Pharmacy.

(2) Billing takes place monthly in advance via the payment service provider Stripe. All prices are exclusive of statutory VAT.

(3) The Pharmacy announces price changes at least four weeks in advance in text form; they apply from the following billing period at the earliest. In the event of an increase, the merchant may terminate the contract with extraordinary effect as of the date the change takes effect.

(1) If a payment fails, the services initially remain active while payment is requested again via the payment service provider. The merchant is informed of this and can update its payment details in the self-service portal.

(2) If the renewed payment attempts remain unsuccessful, the subscription ends and The Pharmacy discontinues the services; in particular, the merchant's products are removed from the price comparison site and the assignment to the CSS of The Pharmacy is terminated. A new booking is possible at any time.

(1) The contract runs for an indefinite period and may be terminated by either party at any time with effect from the end of the current billing period. The merchant can declare termination at any time via the self-service portal (subscription management).

(2) The right to extraordinary termination for good cause remains unaffected. Good cause exists for The Pharmacy in particular if the merchant repeatedly breaches Section 6.

(3) After the end of the contract, The Pharmacy arranges for the Merchant Center account to be removed from the CSS; the account's further CSS status is governed by Google's requirements and the merchant's decisions.

(1) The Pharmacy is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

(2) In the case of simple negligence, The Pharmacy is liable only for the breach of material contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the merchant may regularly rely), limited to the foreseeable damage typical for this type of contract.

(3) Liability is otherwise excluded; in particular, The Pharmacy is not liable for the merchant's lost profit or for damage arising from Google's decisions within the meaning of Section 7(2).

Information on the processing of personal data can be found in the privacy policy at /privacy.

The Pharmacy may amend these GTC with effect for the future where there is a legitimate reason to do so (e.g. changes in the legal situation or in Google's CSS programme). Amendments are announced to the merchant in text form at least four weeks before they take effect. If the merchant neither objects before the amendments take effect nor terminates the contract, the amended GTC apply; this is pointed out separately in the announcement.

(1) Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.

(1) Use of the price comparison site The Pharmacy is free of charge for visitors; no contract of use is concluded.

(2) All product, price and availability information comes from the listed merchants or their data feeds and is updated regularly. Nevertheless, information may in individual cases be out of date or incomplete; the details shown in the respective merchant's shop at the time of ordering always prevail.

(3) Purchase contracts are concluded exclusively between the visitor and the respective merchant. The Pharmacy is not a party to these contracts and does not act as a representative or intermediary of either party.