General Terms and Conditions
Contractual conditions within the framework of purchase contracts concluded via the online shop www.shop.somnomedics.de
between
SOMNOmedics AG, Am Sonnenstuhl 63, D-97236 Randersacker, Tel. +49 (0)931 35 90 94-0, registered in the Commercial Register of Würzburg Local Court under company no.: 13012621 | VAT ID: DE814687575, registration number: HRB 17175 IK: 590961172 | EORI no. DE4954211, represented by the Management Board: Dr Gert Küchler (Chairman of the Management Board), Ms Julia Hartmann, Ms Anja Groner, Chairman of the Supervisory Board: Prof Dr Matthias Kunert
- hereinafter referred to as the "Provider" -
and
the customer specified in § 2 of the contract
- hereinafter referred to as the "Customer" -
are concluded.
1 Scope of application, definitions
(1) The business relationship between the webshop provider (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity
§ 2 Conclusion of contract
(1) The customer can select products from the provider's range, in particular devices and accessories for therapy as well as accessories and consumables for the medical diagnosis of sleep apnoea, and collect these in a so-called shopping basket using the "Add to basket" button. By clicking the "Buy" button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by ticking the box "I have read the General Terms and Conditions and hereby accept them" and thereby included them in their application.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (order confirmation). The text of the contract is stored in compliance with data protection regulations.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online shop, the delivery time is 4-5 working days.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. The customer's statutory right of cancellation (see § 9 of these contractual conditions) is not affected by this. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory value added tax. Only entrepreneurs are shown the net prices after prior verification in the shopping basket.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of cancellation. From an order value of EUR 100.00, the supplier delivers to the customer free of shipping costs.
(3) The goods are dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer.
(4) In the event of cancellation, the customer shall bear the direct costs of the return shipment, and the delivered goods shall remain the property of the supplier.
§ 6 Payment modalities
(1) The customer can pay in advance, in cash, by credit card, PayPal, instant bank transfer or on account. Purchase on account is only possible for corporate customers registered in the shop with a valid VAT identification number from the second order onwards.
(2) The customer can change the payment method saved in their user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider default interest in the amount of 5 percentage points above the base interest rate.
(4) The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.
§ 7 Warranty for material defects, guarantee
(1) The Provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for items delivered by the supplier to entrepreneurs is 12 months.
(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(3) The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation policy
(1) Consumers generally have a statutory right of cancellation when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). A sample cancellation form can be found in paragraph (3).
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of cancellation, you must inform us
SOMNOmedics AG
Am Sonnenstuhl 63
D-97236 Randersacker
Phone +49 (0)931 35 90 94-0
Fax +49 (0)931 35 90 94-49
E-mail shop@somnomedics.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached specimen cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
End of the cancellation policypayment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
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 of the goods that is not necessary for checking their condition, properties and functionality.
End
of the cancellation policy
(2) The right of cancellation does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(3) The provider provides the following information about the model ca§ncellation form in accordance with the statutory provisions:
Specimen cancellation form
(If you wish to cancel the contract, please fill out this form and send it back to us)
- To SOMNOmedics GmbH, Am Sonnenstuhl 63, D-97236 Randersacker, Fax +49 (0)931 35 90 94-49, e-mail shop(at)somnomedics(dot)de
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)
contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following
service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date(s)
________
(*) Delete as appropriate
§ 10 Final provisions
(1) Contracts between the provider and the customer shall be governed by the law of the
Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence shall remain unaffected.
(2) Insofar as the customer is a merchant, a legal entity under public law or a
legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes disputes arising from contractual relationships between the customer and the provider is the of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally ineffective. parts binding. The ineffective points shall be replaced by the statutory provisions, if any. statutory provisions. Insofar as this would represent an unreasonable hardship for one of the contracting hardship for one of the contracting parties, the contract as a whole shall become ineffective.