General Terms and Conditions of MediTECH Electronic GmbH
§ 1 General information
(1) The contractual partner within the meaning of the following General Terms and Conditions is the party that enters into a business relationship with us. This applies to both consumers and entrepreneurs within the meaning of the law.
(2) Our offers are subject to change. If order confirmations or letters of confirmation are sent by us, these are decisive for the content of the contract.
(3) Illustrations, drawings, weight specifications, descriptions, etc. in offers, price lists and other general printed matter are prepared or determined to the best of our ability. Unless they are expressly designated as binding, we reserve the right to make minor deviations. We reserve the right of ownership and copyright of drawings and other documents. They may not be made available to third parties without our consent.
(4) With the appearance of the latest title of a publication published by us or with the publication of new offers, all previous offers and prices lose their validity.
(5) In the case of orders via the Internet, our online terms and conditions of business also apply, which can be accessed in their current version at www.agb.meditech.de/.
§ 2 Terms of delivery/shipping
(1) Events of force majeure, such as e.g. a lawful industrial dispute in our own or third-party companies on which we are dependent through the purchase of materials, war, etc., entitle us to postpone the performance of the contract. Claims for damages are excluded in these cases.
(2)In the event of an illegal industrial action, liability can only be considered in cases of gross negligence.
(3) Subject to immediate availability of the goods, we deliver as soon as possible by parcel service, post or forwarding agent. We are not liable for meeting delivery dates, unless we have confirmed such a date in writing. In the latter case, our obligation to pay compensation is limited to the free return of goods delivered late.
(4)If the contractual partner has chosen payment in advance, we will not ship the goods before receipt of payment.
(5) The shipment is generally carried out by parcel service (UPS) or post (abroad). Depending on the size and weight of the transported goods, other forms of shipment such as private parcel services, freight forwarding, air freight or rail freight are also possible. The choice of the appropriate form of dispatch and means of transport is up to us.
(6) Within Germany, we assume the entire risk of damage or loss of the goods in transit. For this service a share is included in the flat rate for postage and packaging.
(7) If goods delivered by us are subject to legal import or export restrictions, our duty of care is limited to the marking of the goods as embargo goods. Any further necessary measures are the responsibility of the contractual partner. Up to a value of goods of EUR 500.00, no movement certificate EUR 1 and no form EUR 2 can be issued for the preferential movement of goods.
§ 3 Terms of payment (prices, shipping costs)
(1) The prices quoted are final prices according to PAngV and include the statutory value added tax and other price components. In addition there are possible shipping costs.
(2) For each online order under € 200.00 we charge shipping costs of 6.90 Euro for delivery within Germany. Shipping costs to foreign countries are charged separately. The calculation basis is available for inspection at http://shop.meditech.info/popup_content.php?coID=1. Cash on delivery charges of the post office are at the expense of the customer.
(3) The contractual partner has the option of payment in advance, cash on delivery, PayPal, invoice or direct debit.
(4) As far as you as a consumer make use of an existing right of revocation, you have to bear the regular costs of the return shipment, if the delivered goods correspond to the ordered goods and if the price of the goods to be sent back does not exceed an amount of 40 Euros or, in case of a higher price of the goods, if you have not yet rendered the return service or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you.
(5) If the contractual partner has chosen payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.
(6) If elementary information is not transmitted with the order (e.g. date of birth), the delivery of the ordered goods is always cash on delivery. The customer will be charged for the additional costs incurred.
(7) If we make deliveries against open invoices, our invoices are payable within 10 days of the invoice date. Our invoices are payable strictly net, without deduction of cash discount or other deductions.
(8) If a time according to the calendar is specified for the payment in the confirmation letter and/or the invoice and this payment deadline is not met, the consequences of default occur without the need for a reminder.
(9) If an agreed direct debit is not possible due to wrong data or insufficient funds in the account, the customer will be charged the fees of 10 Euro.
§ 4 Retention of title
The Seller reserves the right of ownership of the goods until all claims of the Seller against the Buyer arising from the business relationship, including future claims also arising from contracts concluded at the same time or later, have been settled.
§ 5 Warranty
(1) Obvious defects of the goods are to be complained about by the customer within two weeks after receipt. The private customer is entitled to the statutory warranty rights within 24 months after delivery, although we reserve the right to repair or replacement free of charge for the customer. In all other respects one year warranty applies. MediTECH Electronic GmbH is not liable for manufacturer warranties. We are not liable for defects that have arisen as a result of incorrect handling or external influences.
(2) For installations, the safety and VDE regulations must be observed. We do not assume any warranty for defects caused by improper handling, incorrect use, faulty connection and insufficient or faulty peripheral equipment (e.g. antennas, monitors, printers, etc.).
(3) In all other respects, the warranty shall be governed by the statutory provisions. As far as used goods are subject of the sales contract and the buyer is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty period for the purchase of used goods is one year.
§ 6 Liability
(1) Our liability is limited to intent and gross negligence. This limitation does not apply in the case of slight negligence if essential contractual obligations have been violated. Liability for personal injury and under the Product Liability Act remains unaffected.
(2) Our liability for delay and impossibility of performance and for consequential damages is limited to half of the respective net value of the goods or half of the invoice amount.
(3) We shall only be liable for false information if an expressly agreed consultation preceded the conclusion of the contract. Technical information is not binding and without any guarantee.
§ 7 Resignation
(1) We are entitled to withdraw from the contract if,
(a) we are not able to deliver the object of sale due to force majeure.
(b) the contractual partner exceeds the agreed payment date by more than 14 days and allows a grace period of at least 14 days set for him to expire.
(c) the contractual partner has made untruthful statements about facts concerning his creditworthiness.
(2) The contractual partner has the right to withdraw from the contract if,
(a) we make the execution of the delivery impossible through intentional or negligent behaviour.
(b) we do not comply with the delivery time extended by a reasonable grace period.
§ 8 Privacy
(1) When initiating, concluding, handling and reversing a sales contract, we collect, store and process data within the framework of the statutory provisions.
(2) When you visit our website, the IP address currently used by your PC, the date and time, the browser type and operating system of your PC and the pages you view are logged. Conclusions about personal data are neither possible nor intended.
(3) The personal data that you provide us with, for example when placing an order or by e-mail (e.g. your name and contact details), will only be processed for correspondence with you and only for the purpose for which you have provided us with the data. We will only pass on your data to the shipping company commissioned with the delivery of your order, as far as this is necessary for the delivery of the goods. For the processing of payments, we pass on your payment data to the credit institute commissioned with the payment.
(4) We assure you that we will not pass on your personal data to third parties unless we are legally obliged to do so or you have given your express prior consent. Insofar as we use the services of third parties for the execution and handling of processing procedures, the provisions of the Federal Data Protection Act are observed.
Duration of storage
Personal data that has been communicated to us via our website is only stored until the purpose for which it was entrusted to us has been fulfilled. Insofar as retention periods under commercial and tax law must be observed, the duration of storage of certain data can be up to 10 years.
If you no longer agree to the storage of your personal data or if it has become incorrect, we will, upon your instruction, delete, correct or block your data in accordance with the legal provisions. Upon request, you will receive information free of charge about all personal data that we have stored about you. If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact.
Medi TECH Electronic GmbH, Langer Acker 7, 30900 Wedemark
Tel.: +49 (0)5130-97778-0, E-Mail: email@example.com
§ 9 Repairs
(1) For repair orders, we provide written cost estimates if the pure repair costs exceed an amount of 50 Euro. If the expected repair costs are below this amount, we presuppose the agreement and carry out the repair immediately.
(2) Within a period of four weeks after receipt of the repair order, we reserve the right to finally accept and carry out repairs, as well as to reject repair orders if we consider their execution to be economically and/or technically unacceptable. Therefore, no legal claim to fulfillment of the repair order can be derived from a confirmation of receipt of the repair order issued by us.
§ 10 Offsetting
The set-off against claims to which we are entitled from delivery and/or advertisement transactions, which are based on these General Terms and Conditions of Business, is only possible with undisputed or legally established claims.
§ 11 Place of jurisdiction / contractual language / applicable law
(1) Insofar as the contractual partner is a registered trader, a legal entity under public law, a special fund under public law or does not have its registered office or residence in the Federal Republic of Germany, Hanover shall be agreed as the place of jurisdiction for any disputes arising from the contract and the legal relations in connection therewith.
(2) Only German is available as contract language.
(3) German law applies exclusively. In relation to a consumer, this choice of law shall only apply insofar as it does not restrict any mandatory legal provisions of the state in which the consumer has his residence or habitual abode. The application of the UN Sales Convention is excluded.
§12 Qualified written form clause
(1) Amendments or supplements to this contract are only effective if they are agreed in writing. This also applies to any change to this written form clause.
Special conditions for the Internet
§ 1 Conclusion of the contract
(1) The presentation of the goods in the internet store does not represent a binding offer of the provider to conclude a sales contract. The customer is thereby only requested to submit an offer by placing an order.
(2) By sending the order in the Internet store, the customer submits a binding offer directed towards the conclusion of a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also recognizes these terms and conditions of business as solely authoritative for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not represent the acceptance of the contract offer by the offerer. It serves only the information of the customer that the order was received by the offerer. The explanation of the acceptance of the contract offer takes place via the distribution of the commodity or an express declaration of acceptance.
Verbraucher haben das folgende Widerrufsrecht
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§ 2 Right of withdrawal
You can cancel your contract declaration within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - also by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB and our obligations under § 312e para 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation is to be addressed to:
Medi TECH Electronic GmbH, Langer Acker 7, 30900 Wedemark
Tel: +49 (0)5130-97778-0, E-Mail: firstname.lastname@example.org
Consequences of withdrawal
In the event of an effective cancellation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are not able to return the received services and benefits (e.g. advantages of use) or only partially or in a deteriorated condition, you must compensate us for the value. For the deterioration of the goods and for the use of the goods, you must pay compensation only if the use or deterioration is due to handling of the goods that goes beyond the examination of the properties and functionality. By "examination of the characteristics and the function mode" one understands testing and trying out the respective commodity, as it is possible and usual for instance in the Ladengeschäft. Items that can be shipped as a parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the goods, for us with their receipt.
If you have financed this contract by a loan and you revoke the financed contract, you are also no longer bound to the loan agreement if both contracts form an economic unit. This is to be assumed in particular if we are also your lender or if your lender uses our cooperation with regard to the financing. If we have already received the loan when the revocation or the return becomes effective, your lender will enter into our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or the return. If you want to avoid a contractual obligation as far as possible, please revoke both contractual declarations separately.
Excluded from cancellation are trade magazines, books, construction folders, other literature, software, CDs/DVDs, batteries, electronic components as well as kits and parts that have already been installed or processed, and special orders.
### Ende der Widerrufsbelehrung ###
§ 3 Disclaimer
(1) Insofar as we refer or link from our Internet offer to the websites of third parties, we cannot assume any guarantee or liability for the correctness or completeness of the contents and the data security of these websites. As we have no influence on the compliance with data protection regulations by third parties, you should check the respective data protection declarations offered separately.
(2) This webshop and the descriptions and price information contained therein are compiled by us with the greatest care. Nevertheless, we cannot assume any liability for possible image errors, technical changes to the goods or for the continued availability of all goods.Stand: 01.07.2020