General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and payment conditions
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Special conditions for repair services
- Redemption of action coupons
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of MedSolut AG (hereinafter referred to as “seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “customer”) concludes with the seller regarding the goods displayed by the seller in his online store. Herewith the inclusion of the customer’s own conditions is contradicted, unless otherwise agreed.
1.2 Consumer in the sense of these terms and conditions is every natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve to provide a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or online contact form.
2.3 The seller can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online store before sending his order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contact are usually done via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation can be found in the seller’s revocation instruction.
3.3 The right of revocation shall not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may arise will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option/s in the seller’s online store.
4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method Invoice Purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case the seller will inform the customer in his payment information in the online store about a corresponding payment restriction. The Seller further reserves the right to carry out a credit check when selecting the payment method Invoice Purchase and to reject this payment method if the credit check is negative.
5) Delivery and shipping conditions
5.1 The delivery of goods is carried out by dispatch to the delivery address indicated by the customer, unless otherwise agreed. When processing the transaction, the delivery address indicated in the order processing of the seller is decisive. Notwithstanding the foregoing, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.
5.2 In the case of goods delivered by a forwarding agent, delivery shall be “free kerbside”, i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in Seller’s online store and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of revocation by the customer, the provision made in the seller’s revocation instruction shall apply to the return costs.
5.4 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller’s place of business after consultation with the seller. In this case no shipping costs will be charged.
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this applies to used goods: Warranty claims are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year after delivery of the goods can be claimed within the legal limitation period. The reduction of the liability period to one year does not apply
for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses of the customer, and
in the event that the Seller has fraudulently concealed the defect
7.3 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Special conditions for repair services
If, according to the content of the contract, the seller is obliged to repair an item belonging to the customer, the following applies:
8.1 Repair services shall be performed at Seller’s registered office.
8.2 The Seller shall provide his services at his discretion either in his own person or through qualified personnel selected by him. The Seller may also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller’s service description, the customer has no right to select a specific person to perform the desired service.
8.3 The customer must provide the seller with all information necessary for the repair of the item, provided that its procurement does not fall within the scope of the seller’s obligations according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the error and inform him of all circumstances that could be the cause of the error detected.
8.4 Unless otherwise agreed, the customer shall ship the item to be repaired to the registered office of the seller at his own expense and risk. The seller recommends the customer to take out transport insurance for this purpose. Furthermore, the seller recommends the customer to send the goods in a suitable transport packaging to reduce the risk of transport damages and to hide the contents of the packaging. The seller will inform the customer immediately about obvious transport damages, so that the customer can assert his rights against the carrier.
8.5 The return of the goods is at the expense of the customer. The risk of accidental loss and accidental deterioration of the item is transferred to the customer when the item is handed over to a suitable transport person at the seller’s place of business. At the request of the customer, the seller will take out transport insurance for the item.
8.6 The aforementioned provisions do not limit the Customer’s statutory rights in case of purchase of goods from the Seller.
8.7 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
9) Redemption of promotion vouchers
9.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter “campaign vouchers”) can only be redeemed in the Seller’s online store and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. A subsequent offsetting is not possible.
9.4 Only one promotion voucher can be redeemed per order.
9.5 The value of goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
9.8 The promotion voucher will not be refunded if the customer returns the goods wholly or partially paid for with the promotion voucher within the scope of his statutory right of revocation.
9.9 The promotion voucher is transferable. The seller can make payments with discharging effect to the respective owner who redeems the promotion voucher in the seller’s online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective owner.
10) Applicable law
10.1 The laws of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10.2 Furthermore, this choice of law with regard to the statutory right of revocation shall not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
11) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer’s place of business is outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s registered office.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes from online purchase or service contracts in which a consumer is involved.
12.2 The Seller is not obliged to participate in dispute settlement proceedings before a consumer arbitration board, but is generally prepared to do so.