AGB

General terms and conditions of sale online shop

  • 1 Scope
  • These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the

LISOmed Medizintechnik Büschges & Wetzig GmbH, Fuhrweg 3, 56567 Neuwied

Managing directors: Carsten Groth and Bernhard Plehn

Register court: Montabaur Local Court, registration number HRB14327 Telephone: 02631 9595690

Telefax: 02631 9595691.

Email address: info@lisomed.de

and you as our customer. The T&Cs apply regardless of whether you are a consumer, entrepreneur or merchant.

  • All agreements made between you and us in connection with the purchase contract arise in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
  • The version of the
  • Terms and Conditions of Sale in force at the time of conclusion of the contract shall apply.
  • We do not accept any deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.

§ 2 Conclusion of contract

  • The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract
  • .
  • By submitting an order via the online shop by clicking the button
  • .

"order subject to payment", you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, pursuant to § 3, shall remain unaffected.

  • We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is also declared therein.
  • A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items
  • .
  • We can only consider orders for deliveries abroad if they exceed a minimum order value. You can find the minimum order value in the price information provided in our online shop
  • .
  • If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and reimburse any consideration already received without delay.

§ 3 Right of withdrawal

  • If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions
  • .
  • If you, as a consumer, make use of your right of revocation in accordance with clause 1, you shall be liable for the regular costs of the return shipment
  • .
  • For the rest, the regulations which are reproduced in detail in the following
  • shall apply to the right of revocation.

Right of withdrawal instructions

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.

You have the right to withdraw from this contract within fourteen days without giving any reason.

To exercise your right of withdrawal, you must inform us [enter the name of the trader, address and, if available, telephone number, fax number and e-mail address] by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website (insert internet address). If you make use of this option, we will immediately send you a confirmation (e.g. by e-mail) of the receipt of such a revocation.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You have returned the goods to us.

You must return or hand over the goods to us or to (insert here the name and address of the person authorised by you to receive the goods, if applicable) without undue delay and in any event not later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary for checking their condition, properties and functioning.

- End of the cancellation policy-

  • The right of withdrawal does not apply if the contract is concluded at a distance.
    • for the delivery of goods which have been manufactured according to customer specifications or which are clearly tailored to personal requirements or which, due to their nature, are not suitable for return or may spoil quickly or whose expiry date has passed
    • .
    • for the delivery of audio or video recordings or of software, provided that you unseal the delivered data carriers
    • .

§ 4 Terms of delivery and reservation of advance payment

  • We are entitled to make partial deliveries, insofar as this is reasonable for you.
  • The delivery period is approximately five (5) working days, unless otherwise agreed.

- subject to the provision in para. 3 - with the conclusion of the contract.

  • For orders from customers with their place of residence or business abroad or if there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the
  • .

§ 5 Prices and shipping costs

  • All prices quoted in our online shop are gross prices including the statutory value-added tax and are subject to any shipping costs incurred.
  • The shipping costs are indicated in our price quotations in our online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before you place the order
  • .
  • If we fulfil your order in accordance with § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
  • If you effectively revoke your contractual declaration in accordance with § 3, you may, under the statutory conditions, demand reimbursement of costs already paid for shipping to you (costs of sending) (cf. on other consequences of revocation 3 para. 3).

§ 6 Terms of payment and set-off and right of retention

  • The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest
  • .
  • You can choose to transfer the purchase price and the shipping costs to our account stated in the online shop, give us a direct debit authorisation or pay by EC/Maestro or credit card. In the case of a direct debit authorisation or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the time stipulated in paragraph 1. A direct debit authorisation granted shall also apply to further orders until revoked.
  • You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
  • As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 7 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 8 Warranty

  • We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the
  • .
  • Any seller warranties given by us for certain articles or manufacturer warranties granted by the manufacturers of certain articles shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties shall be set out in the warranty conditions which may be enclosed with the articles.

§ 9 Liability

  • We shall be liable to you in all cases of contractual and non-contractual liability if we have acted with intent or gross negligence in accordance with the statutory provisions for damages or compensation for futile expenses
  • .
  • In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in 3.
  • Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

§ 10 Copyrights

We have copyrights to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent

.

§ 11 Applicable law and place of jurisdiction

  • The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.
  • If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of LISOmed Medizintechnik Büschges & Wetzig GmbH in Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
  • Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts
  • .

. More information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

  • 12 Severability clause
  • .
  • Should one or more provisions or parts of a provision of these GTC be or become invalid, this shall not affect the validity of the remainder of the contract. However, in knowledge of the case law of the Federal Court of Justice, according to which a severability clause only leads to a reversal of the burden of proof, it is the express intention of the parties to ensure the validity of the remaining provisions of these GTC in all circumstances
  • .
  • The parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to this provision in legal and economic terms, which they would have reasonably agreed if they had considered the invalidity or unenforceability of the respective provision when concluding this contract.
  • 12 1 and para. 2 shall apply accordingly in the event of a loophole.