Medner Medizintechnik Terms and Conditions
1. General/Scope
1.1 These general terms and conditions govern the legal relationships arising from sales contracts between Medner Germany GmbH & Co. KG, Uhlandstr. 20-25. 10623 Berlin (hereinafter: Medner Medizintechnik) and the customer and apply to all products and deliveries offered by Medner Medizintechnik in the online shop under the domain http://www.medner.de.
1.2 Customers within the meaning of these terms and conditions can be both consumers and entrepreneurs.
1.3 According to § 13 BGB, a consumer within the meaning of the General Terms and Conditions is any natural person who concludes a legal transaction with Medner Medizintechnik for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
1.4 According to Section 14 BGB, an entrepreneur within the meaning of the General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction with Medner Medizintechnik, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities. An entrepreneur in this sense is also a customer who represents a public special fund.
2. Subject of the contract/order placement
2. Conclusion of contract/information requirements
2.1 Key features of the goods
The main characteristics of the goods are derived from the product description of the offered item stored on the Medner Medizintechnik website.
2.2 Information on the conclusion of the contract
The product descriptions contained in the Medner Medizintechnik online shop do not represent binding offers from Medner Medizintechnik. The customer, on the other hand, can make a binding offer to conclude a purchase contract by using the online order form. When ordering via the online order form, the customer can first add the desired items in the desired quantity to the shopping cart. After the goods have been placed in the shopping cart, the customer can click on the shopping cart and complete the order there. After entering his personal data and choosing the desired payment method, the customer then clicks on the “Buy Now” button to place a binding order. After clicking the “Buy Now” button, any input errors can no longer be corrected.
Medner Medizintechnik can accept the customer's contract offer by sending a written or electronic order confirmation or by delivering the goods.
The contract is therefore concluded through an offer from the customer and acceptance of this offer by Medner Medizintechnik.
Before submitting the order, the customer can constantly correct his entries by using the usual mouse and keyboard inputs and by using the browser's back and forth buttons.
The conclusion of the contract is only available in German.
The contract text is not saved by Medner Medizintechnik and therefore cannot be retrieved by the customer. Medner Medizintechnik therefore advises customers to print out the order details themselves.
3. Prices and payment/delay
3.1 All prices are in euros plus the statutory value-added tax of the Federal Republic of Germany and plus shipping costs. The amount of shipping costs is shown as part of the ordering process. Shipping costs can also be found at the domain http://medner.de/versandkosten.
3.2 The displayed price valid at the time the contract is concluded applies to the customer.
3.3 The following payment methods are currently available:
by prepayment/bank transfer (The customer is obliged to pay the purchase price within seven days of conclusion of the contract by bank transfer to the account specified by Medner Medizintechnik.)
via Paypal/credit card
Cash on delivery (only within Germany) you pay directly to the postman, upon receipt of the goods plus a cash on delivery fee of 5.60€, which must be paid directly to the postman.
via instant bank transfer
3.4 In the event of late payment, the legal regulations apply.
4. Delivery and service time
Unless otherwise stated in the item description, the delivery time is 1 week from initiation of payment by the customer.
Force majeure, war, terrorism, suspicion of terrorism, riot, strike, lockout, disruption of raw materials and energy supply or other events which the seller is unable to avert despite the use of reasonable care and prevent the provision of the service release Medner Medizintechnik from the delivery and performance obligation for the respective duration of these disruptive events.
5. Cancellation policy for consumers in accordance with section 1.3 of these terms and conditions
Withdrawal policy
Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must tell us
Medner Germany GmbH & Co. KG
Uhlandstraße 20-25
10623 Berlin
Phone: + 49 (0) 30/88721015
E-mail: info@medner.de
inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheap standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling them that is not necessary to check the nature, properties and functioning of the goods.
6. Sample withdrawal form for consumers in accordance with section 1.3 of these terms and conditions
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
An
Medner Germany GmbH & Co. KG
Uhlandstraße 20-25
10623 Berlin
email: info@medner.de
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) /received on (*):
...
Name of consumer (s):
...
Address of consumer (s):
...
...
Signature of consumer (s): (only if notified on paper)
...
Date:
...
_______________________________
(*) Delete what is incorrect.
7. shipping method
Medner Medizintechnik will choose to ship if no special shipping method has been agreed with the customer when the contract is concluded. Shipping is carried out using logistics companies DHL and Hermes.
8. Notification of defects and warranty
8.1 The following applies to contracts with consumers: The legal warranty applies to our goods.
8.2 If the purchase is a commercial transaction for both parts, the customer must examine the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and if a defect appears, immediately report it to Medner Medizintechnik. If the customer fails to report this, the goods are considered approved, unless it is a defect that was not apparent during the inspection. In addition, Sections 377 et seq. of the German Commercial Code apply.
9. Limitation of liability
In principle, Medner Medizintechnik is only liable in the event of intent and gross negligence. Medner Medizintechnik is also liable for negligent breach of obligations, if this results in an injury to life, limb or health or if a warranty or claims under the Product Liability Act are affected. Medner Medizintechnik is also liable in the event of a negligent breach of obligations whose fulfilment makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies. In the latter case, however, Medner Medizintechnik is not liable for unforeseeable, non-contract-typical damage. Medner Medizintechnik is not liable for slightly negligent breaches of other obligations. The above limitations of liability also apply to vicarious agents of Medner Medizintechnik.
10. Data protection
The data necessary for transaction processing is stored.
10.1 Use and transfer of personal data
Insofar as the customer has provided Medner Medizintechnik with personal data, Medner Medizintechnik only uses it to answer customer inquiries, to process contracts concluded with the customer and for technical administration. Medner Medizintechnik will only pass on or otherwise transfer personal data to third parties if this is necessary for contract processing or billing purposes or if the customer has given his prior consent. The customer has the right to withdraw consent at any time with effect for the future.
10.2 The stored personal data is deleted when the customer withdraws consent to storage, when their knowledge is no longer required to fulfill the purpose for which they were stored, or if their storage is prohibited for other legal reasons. Data for billing and accounting purposes is not affected by a request for deletion.
10.3 Right to information
On written request, Medner Medizintechnik will inform the customer about the data stored about him. The request should be addressed to:
Medner Germany GmbH & Co. KG
Uhlandstraße 2025
10623 Berlin
email: info@medner.de
10.4 Security notice when using email
Medner Medizintechnik cannot guarantee complete data security when communicating by e-mail, so Medner Medizintechnik recommends sending confidential information by post.
11. Final provisions
11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
11.2 The exclusive place of jurisdiction for all disputes arising from the contractual relationship between the customer and Medner Medizintechnik, insofar as the customer is a merchant, is the registered office of Medner Medizintechnik.
11.3 Should individual clauses of these terms and conditions be invalid in whole or in part, this does not affect the effectiveness of the remaining clauses.