General Terms and Conditions of MediTECH Electronic GmbH
§ 1 General
(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 both to consumers and to entrepreneurs within the meaning of the law. (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 we send order confirmations or letters of confirmation, these shall be decisive for the content of the contract.
(3) Illustrations, drawings, weight specifications, descriptions etc. in offers, price lists and other general printed matter have been prepared or determined to the best of our ability. Unless they are expressly designated as binding, we reserve the right to insignificant deviations. We reserve ownership rights and copyrights to drawings and other documents. They may not be made accessible to third parties without our consent.
(4) With the publication of the latest title of a publication issued by us or with the publication of new offers, all previous offers and prices lose their validity.
(5) For orders placed via the Internet, our Online Terms and Conditions of Business, which are available in their current version at www.agb.meditech.de/, shall also apply.
§ 2 Terms of delivery/shipping
(1) Events of force majeure, such as a lawful labor dispute in our or third-party companies on which we are dependent for the supply of materials, war, etc., shall entitle us to postpone performance of the contract. Claims for damages are excluded in these cases.
(2) In the event of unlawful industrial action, liability shall only be considered in the event of gross negligence.
(3) Subject to immediate availability of the goods, we shall deliver as quickly as possible by parcel service, post or forwarding agent. We shall not be liable for meeting delivery dates unless we have confirmed such a date in writing. In the latter case, our obligation to provide compensation shall be limited to taking back goods delivered late free of charge.
(4) If the contractual partner has chosen payment in advance, we will not dispatch the goods before receipt of payment.
(5) Shipment is generally made by parcel service (UPS) or post (abroad), although other forms of shipment, such as private parcel services, freight forwarding, air freight or rail freight, are also possible depending on the size and weight of the goods to be transported. It is up to us to choose the appropriate form of shipment and means of transportation.
(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 lump sum for postage and packaging.
(7) If goods delivered by us are subject to statutory import or export restrictions, our duty of care shall be limited to labeling the goods as embargoed goods. Further necessary measures are the responsibility of the contractual partner. Up to a goods value of EUR 500.00, no movement certificate EUR 1 and no form EUR 2 for the preferential movement of goods can be issued.
§ 3 Terms of payment (prices, shipping costs)
(1) The prices quoted are final prices according to PAngV and include statutory VAT and other price components. Any shipping costs are added.
(2) For every online order under € 260.00 we charge shipping costs of € 6.90 for delivery within Germany. Shipping costs abroad will be 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) Depending on the order and origin, the contractual partner has the option of paying in advance, cash on delivery, PayPal, credit card, invoice or direct debit.
(4) If you as a consumer make use of an existing right of withdrawal, you have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods. 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 provided when ordering (e.g. date of birth), the ordered goods will be delivered cash on delivery in any case. The additional costs incurred for this will be charged to the customer.
(7) If we make deliveries against open invoices, our invoices shall be 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 calendar date is specified for payment in the confirmation letter and/or the invoice and this payment date is not met, the consequences of default shall apply without the need for a reminder.
(9) If an agreed direct debit is not possible due to incorrect data or insufficient funds in the account, the customer will be charged the fees of EUR 10.
§ 4 Retention of title
The seller retains title to the goods until all claims of the seller against the buyer arising from the business relationship, including future claims arising from contracts concluded at the same time or later, have been settled.
§ 5 Warranty
(1) Obvious defects in the goods must be reported by the customer within two weeks of receipt. Private customers are entitled to the statutory warranty rights within 24 months of delivery, although we reserve the right to repair or replace the goods free of charge for the customer. Otherwise, a one-year warranty applies. MediTECH Electronic GmbH is not liable for manufacturer's warranties. We are not liable for defects caused by incorrect handling or external influences.
(2) The safety and VDE regulations must be observed during installation. We accept no liability for faults caused by improper handling, incorrect use, faulty connection and inadequate or faulty peripheral equipment (e.g. antennas, monitors, printers, etc.).
(3) In all other respects, the warranty shall be governed by the statutory provisions. If used goods are the subject of the purchase 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 shall not apply in the case of slight negligence if material contractual obligations have been breached. Liability for personal injury and under the Product Liability Act remains unaffected.
(2) Our liability for default 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 incorrect information if an expressly agreed consultation preceded the conclusion of the contract. Technical information is non-binding and without any guarantee.
§ 7 Withdrawal
(1) We shall be entitled to withdraw from the contract if
(a) we are unable 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 to elapse.
(c) the contracting party has made untruthful statements about facts relating to its creditworthiness.
(2) The contractual partner shall be entitled to withdraw from the contract if
(a) we make it impossible to carry out the delivery due to willful or negligent conduct.
(b) we do not comply with the delivery time extended by a reasonable grace period.
§ 8 Data protection
(1) When initiating, concluding, processing and reversing a purchase contract, we collect, store and process data in accordance with 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. However, it is neither possible nor intended for us to draw conclusions about personal data.
(3) The personal data that you provide to us, e.g. 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 only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, we pass on your payment data to the credit institution commissioned with the payment.
(4) We assure you that we will not otherwise 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 to carry out and handle processing operations, the provisions of the Federal Data Protection Act will be complied with.
Duration of storage
Personal data provided to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled. If retention periods under commercial and tax law must be observed, certain data may be stored for up to 10 years.
Your rights
If you no longer agree to the storage of your personal data or if it has become incorrect, we will arrange for your data to be deleted, corrected or blocked in accordance with the statutory 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
Phone.: +49 (0)5130-97778-0, E-Mail: service@meditech.de
§ 9 Repairs
(1) For repair orders, we will prepare written cost estimates if the pure repair costs exceed an amount of 50 euros. If the estimated repair costs are below this amount, we will assume your consent and carry out the repair immediately.
(2) We reserve the right to accept and carry out repairs within a period of four weeks after receipt of the repair order, as well as to reject repair orders if we consider their implementation to be economically and/or technically unreasonable. A confirmation of receipt of repairs issued by us cannot therefore be used to derive any legal claim to fulfilment of the repair order.
§ 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.
Consumers have the following right of withdrawal
### cancellation policy ###
§ 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:
MediTECH Electronic GmbH, Langer Acker 7, D-30900 Wedemark
Tel: +49 (0)5130-97778-0, eMail: service@meditech.de
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.
Financed transactions
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.
### End of the cancellation policy ###
§ 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