General Terms and Conditions
Table of contents
1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. terms of delivery and shipping
6. reservation of title
7. liability for defects (warranty)
8. applicable law
9. alternative dispute resolution
1) Scope of application
1.1 These general terms and conditions (hereinafter referred to as “GTC”) of Side Medizintechnik GmbH (hereinafter referred to as “seller”), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “customer”) concludes with the seller regarding the goods and/or services presented by the seller in his online store. Herewith the inclusion of the customer’s own terms and conditions is contradicted, unless otherwise agreed.
1.2 Consumer in the sense of these GTC is any natural person for whom the legal transaction is not part of the operation of his business. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity for whom the legal transaction is part of the operation of their business.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not represent 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 using the online order form integrated into the seller’s online store. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button “order for a fee” which concludes the ordering process.
2.3 The Customer will receive an automated confirmation of receipt of the order from the Seller immediately after placing the order. This is not an acceptance of the offer. The Seller may 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 is concluded at the time when one of the aforementioned alternatives occurs first. 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.
2.4 If the Customer selects “PayPal Express” as the method of payment within the scope of the online order process, the Customer shall simultaneously issue a payment order to his payment service provider by clicking the button concluding the order process. In this case, the Seller hereby declares, notwithstanding Section 2.3, acceptance of the Customer’s offer at the time when the Customer initiates the payment transaction by clicking the button completing the order process.
2.5 The period for acceptance of the offer begins on the day after the Customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer.
2.6 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller’s online store before sending his order.
2.7 Before the binding submission of the 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 input within the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button “order for a fee” which concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually carried out by 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 is contained in the Seller’s revocation instructions.
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 be incurred shall be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to 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 has various payment options available to him, which are indicated in the seller’s online store right at the beginning of the ordering process.
4.4 If advance payment has been agreed upon, payment is due immediately after conclusion of the contract.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address indicated by the customer. The delivery address specified in the Seller’s order processing shall be decisive for the transaction.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance which led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. For the costs of return shipment, the provision made in the seller’s cancellation policy shall apply if the customer effectively exercises his right of cancellation.
5.3 Collection by the customer is not possible for logistical reasons.
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 and all associated costs and expenses.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory warranty regulations shall apply.
7.2 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer fails to do so, this shall not affect his statutory or contractual warranty claims.
8) Applicable law
8.1 If the customer acts as an entrepreneur within the meaning of clause 1.2, the law of the state in which the seller has his place of business shall apply to all legal relations between the parties, excluding the UN Convention on the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business.
8.2 If the customer acts as a consumer within the meaning of clause 1.2, the law of the state in which the customer has his habitual residence shall apply to all legal relations between the parties, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer’s place of residence.
9) Alternative dispute resolution
9.1 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 extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.