General Terms and Conditions
- § 1 General provisions
(1) Contracting party in the sense of the following GeneralTerms and Conditions shall be the party that establishes abusiness connection with us.
(2) The following General Terms and Conditions shall applyfor us and our contracting party both for the case that weact as the principal and for the case that we act as the agent.
(3) For any contract conclusion, exclusively our General Terms and Conditions shall apply; other conditions shallnot become subject of the contract even if we do notexplicitly object to them.
(4) The contractual relationship of the parties shallexclusively be based on the law of the Federal Republic ofGermany. The uniform Laws of Purchase of the HagueConvention of 1954 shall not apply.
(5) Our offers shall be non-binding and without obligation.If we send order acknowledgements or letters of confirmation these shall be decisive for the subject terms of the contract.
(6) Illustrations, drawings, size and weight specifications,descriptions etc. in offers, price lists and other documentsare compiled or acquired at the best possible rate. If theyare not explicitly specified as binding, we reserve the rightto perform negligible modifications. Furthermore we reserve the right of ownership and copyright for cost estimates, drawings and other documents. They shall not be made accessible to third persons without our explicit permission.
(7) With publication of the latest version of one of ourprints/documents or the publication of new offers respectively, all previous offers and prices shall becomeinvalid.
- § 2 Delivery Time
(1) Events of force majeure like a legal labour dispute inour or other companies on which we are dependentconcerning the supply with material/goods, furthermorewar etc. shall constitute our right to delay the fulfilment ofthe contract. In these cases, claims for damages shall beexcluded.
(2) In the event of an illegal industrial action a liability shallonly be considered in case of gross negligence.
(3) Pending immediate availability, we deliver products as fast as possible via UPS, mail or trucking company. We are free to select the shipping method and carrier we deem the most suitable. We are not liable for meeting specific dates of delivery, unless we have confirmed so in writing. In the latter case our liability is limited to accepting the return of such products delivered later than confirmed in writing.
(4) If payment terms require prepayment by the customer, shipping will commence once the payment has been received.
(6) All shipments are insured up to 500 Euro of value. If you require for your shipment to be insured at a higher value, we shall do so upon your written instructions at cost.
(7) If legal import/export regulations apply to your product order, our responsibility is limited to clearly labelling the products as embargo cargo. Any further measures must be taken by our contractual partner. Up to a purchase value of 500,00 Euro, no movement certificates EUR 1 / EUR 2 can be provided.
§ 3 Delivery Time
(1) Prices are final prices in accordance with PAngV and include - for domestic / EC orders - VAT and other pricing elements. Shipping cost may be added to the prices listed.
(2) For all domestic online orders below € 200,00 we charge € 6,90 shipping cost. All international shipping cost will be charged on top of listed prices. The buyer covers all bank / transaction cost.
(3) Payment can be done as prepayment, via creditcard (Visa-/Euro-/Mastercard), PayPal, invoice (if eligeble), or direct debit.
(4) If as an enduser you legally made use of your possibility to revoke your order, you shall carry the shipping cost for returning the goods, if the delivered product is identical with your corresponding order and if the product price does not exceed 40 Euro or - in case of a higher price - you did not as of yet pay your dues when revoking your order in full or in part. Otherwise returning the goods to us can be done at our expense.
(5) If the customer chose prepayment as a payment method, he is required to conduct the payment immediately after closing this contract..
(6) If key information is not provided upon your initial order (i.e. your date of birth), payment terms definitely are prepayment..
(7) If delivery takes place via invoice, please ensure to that our invoice will be paid within the given time frame as stated on your invoice without any deductions.
(8) If a specific date / time is defined in your order confirmation or invoice and payment is not done within that time frame, you immediately fall behind schedule payment is already late without further notice..
(9) If direct debit fails to insufficent account funds, an addition 10€ service charge will apply each time.
- § 4 reservation of proprietary rights
(1) The seller reserves ownership of the goods until fullpayment of all receivables of the business relationshipbetween seller and buyer including future receivables arisingfrom simultaneously or later concluded contracts. Thisshall even apply if individual or all receivables of the sellerwere added to a running account and the balance of thisaccount has been accepted.
(2) The purchaser shall only be permitted to resell thereserved goods in the ordinary course of business if he/she at the same time assigns all receivables to the seller,which accrue to the purchaser against customers or thirdpersons from reselling. If reserved goods – in raw form orafter processing in connection with goods which areexclusively owned by the purchaser - will be sold, thepurchaser shall already now assign the receivables in fullwhich accrue to him/her from reselling. If reserved goods– after processing/connection – will be resold by thepurchaser together with goods not owned by the seller, thebuyer shall assign already now before the rest thereceivables accruing to it from the reselling in the amountof the value of the reserved goods including all ancillaryrights and RANG. The seller accepts the assignment.Following the assignment the purchaser shall be entitled tocollect these receivables. The entitlement of the seller tocollect the receivables on his own shall not be affected bythis; yet/however the seller shall be obliged not to collectthe receivables as long as the purchaser regularly meetshis payment and other obligations. The seller shall be ableto demand that the purchaser notifies to us of all assignedreceivables and their debtors, makes all specificationsrequired for the collection, hands over all correspondingdocuments and informs/notifies the debtors of theassignment.
(3) Without thereby imposing any obligations on it, theseller shall carry out/undertake possible processing orrefashioning of the reserved goods. In case of inseparableconnection, mingling or processing of the reserved goodswith other goods not belonging to the seller, the seller shallacquire co-ownership of the new thing in the ratio of thevalue of the reserved goods to the value of the otherprocessed goods at the time of processing, connection ormingling. If the purchaser acquires the sole proprietorshipof the new thing the contracting parties shall agree that thepurchaser grants the seller co-ownership of the new thingin the ratio of the value of the processed, connected ormingled reserved goods (to the total value of the good)and guarantees storage for the seller free of charge.
(4) Without restriction we shall be entitled to demand deliveryof the goods, revocation of the mandate as well asenforcement of the receivable of third persons in particular,if on the part of the contracting party
a) a protest on a cheque or bill on exchange will be notified,
b) an application for insolvency proceedings will be filed/made,
c) the agreed date of payment will be exceeded by 14days,
d) other contractual provisions will not be observed.
(5) At any time independent of possible disputes we shall be entitled to demand information, inspect the business documents or create photocopies from the contracting party as far as this is required to establish the rights named above.
(6) In case of over security and on demand of the contacting party we shall abandon the agreed reservation of ownership in a reasonable/appropriate scope and declare the release of the goods.
- § 5 Warranty
(1) For installations, the safety and VDE regulations must be observed. We do not assume any warranty for errors caused by improper handling, incorrect use, faulty connection and inadequate or faulty peripheral equipment (e.g. antennas, monitors, printers, etc.).
(2) 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 restriction does not apply in cases of slight negligence if essential contractual obligations have been violated. The liability for personal injury as well as according to the product liability law remains unaffected.
(2) Our liability for delay and impossibility 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 expressly agreed advice preceded the conclusion of the contract. Technical information is non-binding and without any guarantee.
- § 7 Withdrawl from contract
(1) We are entitled to withdraw from the contract if
(a) we are unable to effect delivery of the object of sale due to force majeure.
(b) the contractual partner exceeds the agreed payment date by more than 14 days and a grace period of at least 14 days has been set for him.
(c) the contracting party has provided untruthful information about facts concerning its creditworthiness.
(2) The contractual partner is entitled to withdraw from the contract if
(a) we make the execution of the delivery impossible due to intentional or negligent conduct.
(b) we do not comply with the delivery time extended by an appropriate period of grace.
- § 8 Shipping and personal data
(1) The shipping will be executed in general by parcel service(UPS) or by post (foreign countries). Dependent on thesize and weight of the good we reserve the right to useother ways of shipping like private parcel services, forwarding agencies, airfreight or rail freight. The suitable way of shipping shall be selected/chosen by us.
(2) Within the area of the Federal Republic of Germany weshall bear the complete risk for damages or loss of goodsduring transport. For this service we charge an amount of0.85% of the invoice value.
(3) For the case that goods delivered by us subject toimport or export restrictions our duty of care shall belimited to labelling the goods as embargo goods. Furthernecessary measures shall be incumbent on the contractingparty. Up to a value of goods of • 500.00 no movementcertificate EUR 1 or form EUR 2 for the preferentialmovement of goods can be issued.
(4) Externally recognisable damages of the deliveryhave to be noted by the deliverer of the consignment(railway, post, forwarding agency) on the consignmentnote or have to be certified in writing in anotherappropriate way.
(5) In case of externally unrecognisable damages,defects or weight reduction of the content which firstbecome apparent during unpacking, the unpacking hasto be stopped immediately. The damage has to bereclaimed from the transport company which shall beasked/demanded to record the facts of the case and the estimation of the damage. Specifically
a) for the post (post office): at the date of delivery,
b) for the railway (delivery of goods, express service):within 7 days,
c) for forwarding agents and carters: within 4 daysafter delivery of good.
(6) In all cases the representative of the transportcompany shall leave the goods and packing in thecondition in which it was at the time of discovering thedamage. The culpable breach of this secondary obligation can lead to damage claims due to default inperformance of contract.
Duration of saving data
Personal information that we receive through our website, will be saved for as long as we are required by law in order to comply with tax and legal regulations.
If you are no longer in agreement or with us storing your customer account information, we shall erase your data upon corresopnding notification by you. Upon your request you will receive an overview of all personal data that we have stort related to your account. In case of questions regarding data asesssment, processing or usage, for information requests or cancellation / deletion please contact:
MediTECH Electronic GmbH,
Langer Acker 7, 30900 Wedemark
Tel.: +49 (0)5130-97778-0
- § 9 Repairs
(1) We shall provide written cost estimates for repairorders for the case that the repair costs exceed anamount of 50 Euro. If the estimated repair costs arebelow this amount we assume agreement and undertakethe repairs immediately.
(2) We reserve the right to assume agreement to therepair within a term of four weeks upon entry of therepair order and undertake the repairs as well as rejection/turning-down of repair orders if, from our point of view,the undertaking would be economically and/or technicallyunjustifiable. A repair order acknowledgementconsequentially shall not establish the legal claim for performance of the repair order.
- § 10 Offsetting claims
Offsetting claims against us arising from delivery and/or advertising transactions, which are based on these General Terms and Conditions, is only possible with undisputed or legally established claims.
- § 11 Place of Jurisdiction
As far as the contracting party is registered merchant,legal person under public law, separate estate underpublic law or has its registered office or residence outside the Federal Republic of Germany, Hannover shall bethe exclusive place of jurisdiction for all disputes concerning the contract or arising from the privities of contract/contractual relationship.
(2) Contractual language may be German or English.
(3) Only German law applies.
- §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 an amendment of this written form clause.
Special terms for the internet
- § 1 Conclusion of the contract
The presentation of the goods in the Internet shop does not constitute a binding offer by the supplier to conclude a purchase contract. This merely invites the customer to submit an offer by placing an order.
By sending the order in the Internet shop, the customer makes a binding offer aimed at concluding a purchase contract for the goods contained in the shopping basket. By submitting the order, the customer also recognizes these terms and conditions as solely authoritative for the legal relationship with the provider. It serves only to inform the customer that the order has been received by the provider. The declaration of acceptance of the contractual offer is made by delivery of the goods or an express declaration of acceptance.
Consumers have the following right of withdrawal:
### cancellation policy ###
- § 2 right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The period of revocation is fourteen days from the date on which you or a third party appointed by you, who is not the carrier, took or has taken possession of the goods. To exercise your right of withdrawal, you must contact us:
MediTECH Electronic GmbH,
Langer Acker 7,
Phone: +49 (0)5130-97778-0
inform you by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. We bear, in the interest of customer service, the costs of returning the goods. They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
Trade magazines, books, construction folders, other literature, software, CDs/DVDs, batteries, electronic components, as well as kits and parts that were already installed or processed, and special orders are excluded from revocation. Financed transactions If you have financed this contract through a loan and you revoke the financed contract, you are no longer bound by the loan contract if both contracts form an economic unit. This is to be assumed in particular if we are also your lender or if your lender makes use of our assistance with regard to financing. If we have already received the loan when the revocation or return takes effect, your lender enters into our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. If you wish to avoid a contractual obligation as far as possible, cancel both contractual declarations separately.
### End of cancellation policy ###
- § 3 disclaimer of liability
(1) As far as we refer or link from our Internet offer to the websites of third parties, we cannot assume any guarantee and liability for the correctness and/or completeness of the contents and the data security of these websites. Since we have no influence on the observance of data protection regulations by third parties, you should check the data protection declarations offered separately.
(2) This webshop and the descriptions and prices contained therein are compiled by us with the utmost care. Nevertheless, we cannot accept liability for any errors in the illustrations, technical changes to the goods or for the continued ability to deliver all goods.