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General terms and conditions

General terms and conditions for customer information

Table of contents

1) Scope of application/terms

1.1 These “General Terms and Conditions” (GTCs) apply to all present and future business transactions with Heller Medizintechnik GmbH & Co. KG (seller), even if they are not expressly agreed upon again. They also apply to customers who are consumers as defined by § 13 BGB (Bürgerliches Gesetzbuch – German Civil Code).
 
1.2 A consumer is a natural person who enters into a legal transaction for purposes which cannot predominantly be attributed to either his/her commercial or his/her self-employed professional activity. Conflicting or supplementary terms and conditions will not be accepted.

2) Conclusion of contract

2.1 All offers (e.g. in the online shop, in brochures, catalogues, advertisements, Internet) are subject to confirmation and are non-binding.
 
2.2 The seller reserves the right to remove or replace the products presented in the online shop at any time and without prior notice.
 
2.3 The customer can place an online shop order (the contractual offer) via the integrated online order form. After placing the selected goods and/or services in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer to purchase or rent the goods and/or services contained in the shopping basket by clicking the button completing the ordering process ("Order Now"). The seller confirms receipt of the order by e-mail.
 
2.4 The customer may however also submit the order to the seller by post, e-mail, fax or telephone.
 
2.5 If the seller does not accept the customer's offer within five days of receiving the customer's order with a confirmation of order, the customer shall no longer be bound by the contractual offer.
 
2.6 A contract is only concluded when the seller has accepted the order in writing or has delivered the goods to the customer.
 
2.7 The acceptance of the order in the online shop takes place after the confirmation of receipt via a separate e-mail.
 
2.8 For orders in the online shop, the contractual text together with the GTCs and revocation instructions will be sent to the customer via e-mail upon conclusion of the contract. If an order is placed elsewhere, the contractual text together with the GTCs and revocation instructions will be sent to the customer by e-mail, fax or letter.
 
2.9 Contracts and the contractual text shall be concluded exclusively in German.
 
2.10 Order processing and contact are usually carried out via e-mail and automated order processing. When ordering online or by e-mail, the customer must therefore ensure that the e-mail address provided is correct and that all e-mails sent by the seller or by any third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 In principle, consumers are entitled to a right of withdrawal.
 
3.2 Further information about the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise agreed, the prices quoted on the product pages of the online shop at the time of the order shall apply. Any previously quoted prices will cease to be valid when the product page is updated.
 
4.2 Prices quoted in the online shop include any applicable statutory sales tax.
 
4.3 The shipping costs stated on the website or in the shopping cart are applied for delivery of the goods. Shipping is free for any orders over EUR 75.
 
4.4 Customers can choose to pay via a number of different payment methods as specified in the seller's online shop. When selecting the PayPal payment method, payment is processed in accordance with the PayPal Terms of Use, available at www.paypal.com.
 
4.5 When selecting to pay with one of the credit cards listed in the online shop, payment is subject to the terms of use of the respective company.
 
4.6 If a prepayment has been agreed, payment is due immediately after conclusion of the contract.

5) Terms of delivery and shipment

5.1 Unless otherwise agreed, delivery shall be made from the warehouse to the address specified by the customer. Deliveries and services to consumers take place within approx. 5 working days after receipt of payment, unless another time limit was agreed upon when accepting the order.
 
5.2 Should it become apparent during processing of the order that the product is not available, the customer will be informed immediately and, if the customer withdraws from the contract, the payment will be refunded.
 
5.3 Should the seller encounter any impediments to delivery beyond his/her control – e.g. force majeure, sovereign intervention, export and/or import bans, industrial disputes – the delivery or service period shall be extended accordingly even if there is already a delay in delivery or services. If such an impediment leads to a postponement of services for a further 14 calendar days, the customer may withdraw from the contract after granting a commensurate extension of the deadline. Should delivery or services become permanently unavailable due to such events, both contracting parties shall be entitled to withdraw from the contract.
 
5.4 These provisions shall also apply in the event of default or untimely self-delivery, insofar as the seller is not responsible for the default or delay.
 
5.5 The seller shall be entitled to provide part deliveries and part services at any time, unless the part delivery or part service is deemed unreasonable for the customer.
 
5.6 If the customer defaults on acceptance of the delivery or service for which he is liable, the seller shall be entitled to demand compensation for any damages incurred.
 
5.7 For logistical reasons, goods cannot be picked up by the customer.

6) Transport damages

6.1 In the event of transport damages, any obvious defects must be reported to the carrier in writing immediately after delivery.
 
6.2 Such notification shall also be sent to the seller immediately in writing together with a damage report.
 
6.3 Should the customer be a consumer, he/she shall not lose his/her statutory or contractual claims arising from defects due to non-compliance.

7) Reservation of ownership

7.1 In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full. The customer may not dispose of the reserved goods. In the event of third-party claims – in particular bailiffs or insolvency administrators – on the reserved goods, the customer is required to refer to the ownership of the seller and to inform the seller immediately so that the seller can assert his/her ownership rights. Where the third party is unable to reimburse the costs incurred within this context, the customer shall be liable to indemnify such costs.
 
7.2 In relation to business customers, the seller retains ownership of the delivered goods until complete settlement of all claims arising from the current business transaction. The customer is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties shall be assigned in advance by the customer to the seller to the amount of the respective invoice value (including value added tax). This assignment is valid regardless of whether the reserved goods have been resold before or after processing. The customer retains the right to recover the claims even after the assignment. The seller's right to recover any claims shall remain unaffected by this. Insofar as the customer meets their payment obligations towards the seller, is not in default of payment and has not filed an application for the opening of insolvency proceedings, the seller shall not pursue the claims.

8) Guarantee

8.1 Unless otherwise provided below, the warranty for defective goods already handed over at the time of delivery to the customer or, in the case of shipment, at the time of delivery to the forwarding agent, carrier, postal or parcel delivery service shall be governed by the statutory provisions.
 
8.2 Pursuant thereto, you shall have the right to demand subsequent provisions to remedy the defect or delivery of a defect-free item. Notwithstanding this, we may refuse the type of supplementary service chosen if it is disproportionately expensive and the alternative type of supplementary service does not entail significant disadvantages to you. If the supplementary service proves unsuccessful or unreasonable, you may demand a reduction of the purchase price in accordance with the statutory provisions or withdraw from the contract.
 
8.3 Any claims for damages arising from the defect shall be excluded. This shall not apply to intentional or fraudulent concealment of the defect by HELLER MEDIZINTECHNIK GmbH & Co. KG and in case of claims for damages arising from death, personal injury or health impairment.
 
8.4 In the event of defective assembly instructions, we shall only be obliged to supply non-defective assembly instructions and this only if the item has not been assembled correctly due to the defective assembly instructions.
 
8.5 In all other cases, the statutory provisions shall apply.
 
8.6 If the customer is a business as defined in § 14 of the German Civil Code (BGB), this provision shall not apply: The warranty period is 12 months. The business is required to inspect the goods received immediately and to notify of any defects immediately. Warranty claims for defects are void if no notice of defects is issued in due time. Section 377 HGB (Handelsgesetzbuch – German Commercial Code) shall apply.

9) Liability

9.1 This excludes any claims for damages made against the seller.
 
9.2 With the exception of claims for damages arising from death, personal injury or health impairment or from the breach of essential contractual obligations (cardinal obligations) and liability for other damages based on wilful or gross negligent violation of obligations by the Seller, the Seller's legal representatives, employees or vicarious agents, the Seller shall not be liable for any damages arising from the breach of contract. Fundamental contractual obligations (cardinal obligations) are those obligations which must be fulfilled in order for the contract to be properly executed and which the contractual partner regularly depends on and may rely on.
 
9.3 Should damages arise as a result of a violation of fundamental contractual obligations, then the Seller shall only be liable for damages that are expected for this type of contract, if such damages are merely caused by ordinary negligence, unless these are claims for damages arising from death, physical injury or health impairment.
 
9.4 Any indirect damages and damages resulting from defects of the delivered item shall in addition only be compensated to the extent that such damages are expected to be incurred when the delivered item is used as intended.
 
9.5 The above exclusions and limitations of liability shall apply to the same extent to the executive bodies, legal representatives, employees and other vicarious agents of HELLER MEDIZINTECHNIK GmbH & Co. KG, and this also applies if they are claimed directly.
 
9.6 The provisions of the Product Liability Act shall remain unaffected.

10) Rental of therapeutic devices

10.1 Should a medical product or a therapeutic device be provided to the customer to be used, the customer shall ensure that the product owned by the lessor is treated with care in accordance with its intended purpose, and in accordance with the instructions given in the operating manual.
 
10.2 In the event of any damage to or loss of the product, the client is liable to notify the lessor immediately by telephone or in writing. Any therapeutic device that is found to be damaged should be returned immediately. Any shipping costs shall be borne by the customer if the customer is responsible for the damage; otherwise the lessor shall bear the costs.
 
10.3 Any damages caused to the lessor's products/therapeutic devices shall be solely repaired by the lessor or a third party commissioned by the lessor. Should the product require maintenance, such maintenance may only be carried out by the lessor or a third party commissioned by the lessor. Should the product not perform correctly, through no fault of the customer, the costs of shipping and repair shall be borne by the lessor; failing this, the customer shall bear the costs.
 
10.4 Accessories and consumables for the rented product are solely to be obtained from the lessor. Should the product be damaged as a result of non-compliance with this obligation, the client shall be obliged to have the damage repaired by the lessor and shall bear the costs incurred.
 
10.5 Once the rental period has expired or the reasons for the provision no longer apply, the product must be returned to the lessor immediately. Shipping costs shall be borne by the customer. Should the customer not return the product immediately after termination of the rental agreement, the customer shall pay the rent up to the point in time at which the product was demonstrably returned. Should the lessor have suffered a loss as a result of the late return, the client shall also be obliged to compensate for this loss.

11) Data protection information

11.1 The seller collects, stores and processes personal data relating to the initiation, conclusion, settlement and reversal of contracts based on these GTCs. This shall be carried out within the scope of the statutory provisions. Your personal data will not be passed on to third parties for purposes other than those listed below.
 
11.2 The seller shall only disclose your personal data to a third party if you have given your explicit consent in accordance with Art. 6 para. 1 sentence 1 lit. a of the GDPR (EU General Data Protection Regulation), if the disclosure is permitted by law and is required for the processing of contractual relationships with you pursuant to Art. 6 para. 1 sentence 1 lit. b of the GDPR; if there is a legal obligation to pass on the information pursuant to Art. 6 para. 1 sentence 1 lit. c of the GDPR, if the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f of the GDPR is necessary to exercise or defend any legal rights and there is no reason to believe that you have an overriding legitimate interest in not disclosing your information.
 
11.3 Should a third party be used to provide services in relation to the processing of data, the provisions of the GDPR in compliance with the Federal Data Protection Act shall apply. The data provided by you in the context of the order will be processed exclusively for the purpose of establishing contact within the scope of contract processing and only for the purpose for which you have made the data available. The data will only be passed on to the billing company to the extent necessary for invoicing purposes to the social insurance providers and shipping companies that will deliver the goods as per order.
 
11.4 The data shall be deleted after termination of this contractual relationship unless the seller is subject to any data safe-keeping periods under commercial, social security or taxation law. Data may then be archived for up to ten years.
 
11.5 Pursuant to statutory provisions, personal data will be deleted, corrected, locked or restricted at your request. You also have the right to transmit your data in a structured, standard and computer-readable format. A detailed disclosure of all personal customer data held can be provided free of charge. Any queries and requests for deleting, correcting or blocking access to your personal data as well as questions about the collection, processing and use of such data may be addressed to: HELLER MEDIZINTECHNIK GmbH & Co. KG, Europaplatz 2, 35619 Braunfels or by e-mail to info@heller-medizintechnik.de. Please refer to the full comprehensive version of our data protection information at www.heller-medizintechnik.de.

12) Place of performance, applicable law

12.1 Place of performance, applicable law
 
12.2 Place of performance, applicable law

13) Place of jurisdiction

13.1 If the customer is a private final consumer and has no place of residence or is not domiciled within the European Union, the place of jurisdiction shall be ... If the end consumer does not reside in Germany, but resides within the European Union, the law of the end consumer's place of residence may also be applicable, insofar as the provisions of consumer law are different and mandatory.
 
13.2 If the customer is a trader, a legal entity or a 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 contractual relationship shall be the registered office of the seller. If the customer is domiciled 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 contractual relationship if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, the seller is in any case entitled to appeal to the court at the customer's place of business.

12) Place of performance, applicable law

14.1 The European Commission provides an online dispute resolution platform which can be accessed at http://ec.europa.eu/consumers/odr/.
The seller is not required to participate in consumer mediation proceedings and shall therefore not participate in such proceedings. Our preference is to resolve our customers' concerns directly with them.
 
14.2 Should individual provisions of these GTCs be or become invalid, ineffective and/or unenforceable in whole or in part, this shall not affect the effectiveness of the remaining provisions and shall not render these GTCs or the concluded contract ineffective.
 
HELLER MEDIZINTECHNIK GmbH & Co. KG, Stand 09/2018