I. Area of applicability
1. The following terms and conditions apply to the contract signed between the seller and the buyer regarding the delivery of goods.
2. All agreements reached between the seller and the buyer in regard to the sales contract are specified in writing in the contract, in these conditions and in the order confirmation of the seller.
II. Unrestricted right of return
We guarantee the right of the customer to return goods up to 14 days after their receipt. We accord our customers with an unrestricted, legally binding right of return. The returns claim need not contain a reason and the item must be returned within 14 days. The 14-day period shall begin after issuance of the statement of the concluded transaction. The period shall not however begin before the goods have been received. It is sufficient to send your returns claim within the 14-day period on a permanent medium, e.g. via E-mail, fax, postcard, etc. All claims sent within 14 days after issuance of the statement of the concluded transaction shall be considered sent in due time. The period shall not however begin before the goods have been received.
The goods or returns claims should be sent to:
MASSUNDA Medizintechnik, Inh.: Marc Drescher, Hauptstr. 16, 82380 Peissenberg, Germany, Fax: fax: 0049ľ8803-9009911, E-mail: firstname.lastname@example.org.
The seller must refund payment within 30 days of receiving the customer's claim. In accordance with ž 312d BGB (German Civil Code), the right of return does not extend to distant selling contracts, nor to delivery of goods that have been manufactured to customer specifications or clearly customised for personal requirements. If the customer exercises his/her right of return, he/she must ship the item complete (including operating manuals, etc.) and in its original packaging to the aforementioned address of the seller. It is explicitly to be noted that for goods exhibiting signs of wear, compensation for the deterioration will be demanded. The customer can avoid this by removing the item from the packaging only for testing purposes and not for actual use prior to making the decision of whether to return the item.
III. Offer and conclusion of contract
1. The offers of the seller are subject to change without notice and are without obligation unless the seller has explicitly indicated in writing that these are legally binding.
2. Figures, drawings as well as other documents belonging to the non-binding offers of the seller, remain property of the seller and are only approximately authoritative if not explicitly indicated by the seller as binding.
IV. Prices / Terms of payment / International customers
1. Provided that no other agreement has been made with the buyer, the prices of the seller do not include transport costs. The respectively applicable VAT within Germany and the packaging costs are included in the price.
2. If no other written agreement has been made with the buyer, the purchase price without deduction is due to be paid by the buyer within 14 days after receipt of the invoice.
3. If the buyer falls behind schedule with a payment, the seller has the right to demand interest in the amount of 5% above the respective base rate of the European Central Bank (EZB) from the relevant time point onward. The seller reserves the right to submit evidence of greater damages.
4. The buyer has the right to offset charges, including if claims or counterclaims have been asserted, if the buyer has legally established the counterclaims, had them recognised by the seller or they are without dispute. The buyer is only entitled to exercise a right of detention if his/her counterclaims refer to the same purchase contract.
5. The seller accepts the following payment types:
- By C.O.D. (only for customers from Germany, Austria, Holland, Belgium and Luxemburg). Delivery by C.O.D. is excluded for the following products: KARAT-EGEMA-AVANTI-TANDEM-DELTA-PICOLO-PRACTITIONER TABLES-FANGO and for individually ordered supports.
- By prepayment through bank account transfer to account no. 855 551, bank code 703 510 30, Vereinigte Sparkasse Weilheim i. OB, Marienplatz 2, D-82362 Weilheim/Germany, account holder Marc Drescher, BIC: BYLADEM1WHM (Bank Identifier Code), IBAN: DE56 7035 1030 0000 8555 51 (International Bank Account Number)
- By automatic debit transfer system (only if a German bank account is available)
- By credit card
6. Special conditions for customers with residence / company headquarters abroad:
- Customers with residence / company headquarters in Switzerland are not required to pay VAT. This furthermore applies to EU foreign customers who possess a sales tax identification number and customers from other non-EU countries. The import sales tax to be paid is in these cases billed to the customer by the shipping agent.
- Bank fees for international payments shall be borne by the customer. Please mark "our cost" for the respective payment.
V. Delivery time and time of performance
1. Delivery deadlines or periods that are not explicitly agreed upon as legally binding are exclusively non-binding statements.
2. If the seller is unable to meet an agreed upon deadline or otherwise falls behind, the buyer must accord the seller a reasonable grace period, starting on the day the seller receives the written reminder or starting after the specified elapsed date within a calendar. After this grace period has expired with no result, the buyer has the right to withdraw from the contract.
3. The seller is liable according to the legal regulations, subject to the following limitations: if the contract is in regard to short selling, or the buyer is entitled to discontinue his/her interest in the fulfillment the contract due to the consequences of a delivery delay for which the seller is responsible.
4. The seller is liable for deliveries to the buyer in accordance with the legal regulations if the delivery delay was the result of deliberate or gross negligence attributable to the seller in regard to fulfilling an obligation. Faults made by the seller's representatives or vicarious agents shall be attributed to the seller. If the delivery delay was not due to deliberate or gross negligence on the part of the seller, the seller's liability is limited to the foreseeable, typically occurring damages.
5. If the delivery delay for which the seller is responsible concerns a non-accidental breach of an essential contractual duty or a cardinal obligation, the seller is liable according to the legal regulations; in this case, the liability compensation is limited to the foreseeable, typically occurring damage.
6. The seller is entitled to make partial deliveries and provide partial services at any time, providing the buyer finds this reasonable.
1. If the goods have a defect for which the seller is responsible, the seller must provide supplementary performance, which thereby excludes the rights of the buyer to withdraw from the contract or have the purchase price reduced. Legal regulations may, however, allow the seller to refuse to provide the supplementary performance. The buyer shall accord the seller a reasonable time period for providing the supplementary performance.
2. This supplementary performance may be the repairing of the defect or delivery of new goods, at the seller's discretion. During the supplementary performance, the reduction of the purchase price or withdrawal from the contract on the part of the buyer is excluded. The improvement is deemed a failure upon the second unsuccessful attempt. If the supplementary performance is deemed a failure, the buyer may either reduce the purchase price or withdraw from the contract.
3. Claims for damages due to defects can only be made by the buyer under the following conditions once the supplementary performance has failed. The right of the buyer to make further claims for damages under the following conditions remains unaffected.
4. The seller is unrestrictedly liable according to the legal regulations for all health or bodily damages resulting from deliberate or gross negligence in fulfilling an obligation on the part of the seller or his/her legal representatives or vicarious agents, as well as for any damages falling under the Product Liability Act, and for all other damages resulting from deliberate or gross negligence or fraudulent intent on the part of the seller or his/her legal representatives or vicarious agents. If the seller has submitted a warranty in regard to the properties or service life of the goods or their components, the seller is also liable within the frame of this guarantee.
For damages based on the properties or service life not meeting the guarantee, but which do not directly occur on the goods, the seller is only liable if the risk of such damage is obviously included in the properties and service life under warranty.
5. The seller is also liable for damages resulting from simple negligence if this represents an infringement of an essential contractual duty or cardinal obligation. The same applies if the buyer is entitled to make claims for damage compensation instead of performance. The seller is only liable however if the damages can be linked with the contract in a typical manner and are foreseeable.
6. Any further liability of the seller is excluded without consideration of the legal nature of the asserted claim; this especially applies to tort liability claims or claims for compensation of futile efforts instead of performance. If the liability of the seller is excluded or limited, this also applies to the personal liability of the seller's employees, representatives and vicarious agents.
VII. Reservation of ownership
1. The seller reserves the ownership of the goods until all payments specified in the purchase contract have been received.
2. The buyer must notify the seller without delay of all interventions by third parties, especially foreclosure measures as well as any other encroachments upon the seller's property. The buyer must compensate the seller for all damages and costs resulting from failure to meet this obligation and which arise due to necessary counter-interventions to halt the interventions of third parties.
3. Should the buyer act in breach of the contract, especially if the buyer does not meet his/her payment obligations despite a reminder notice from the seller, the seller may, after giving a reasonable period of notice, withdraw from the contract and demand the delivery of goods which are still under the seller's ownership. If the goods are revoked by the seller, this represents withdrawal from the contract. The transport costs incurred shall be borne by the buyer. If the goods are seized by the seller, this always represents withdrawal from the contract. The seller is entitled to resell the goods after having them returned. The proceeds of the sale, minus reasonable administrative expenses, becomes the liability of the seller.
VIII. Final provisions, applicable law, place of jurisdiction
The relationships between the contractual parties are dictated exclusively according to the applicable laws in Germany. The application of the uniform law on the international sale of movable goods as well as the law on the signing of international commercial contracts for movable goods is excluded. If the buyer is a merchant, the business headquarters of the seller is the place of jurisdiction; however, the seller is also entitled to bring suit against the customer at the customer's locality / residential place of jurisdiction. If the order confirmation does not specify otherwise, the business headquarters of the seller is the place of performance. If a provision within these conditions is or becomes invalid or inexecutable, this has no effect upon the efficacy of the other conditions.