CLINICAL EVALUATION, CLINICAL TRIAL, PMCF & CO.
(The following terms and conditions also contain legal information about your rights in electronic commerce and mandatory information for consumers).
§ 1 Definitions
§ 2 Scope of the GTC for entrepreneurs
§ 3 Retention of title
§ 4 Warranty
§ 5 Damage in transit
§ 6 Applicable law
§ 7 Jurisdiction
§ 8 Consumer information and information in electronic commerce
- Contract language
- Conclusion of the contract and technical steps leading to the conclusion of the contract
- Correction of input errors before sending the order
- Storage of the contract text
- Details regarding payment
- Details regarding the delivery
- Prices and shipping costs
- Customs and import duties for deliveries to third countries (e.g. Switzerland, USA)
- Information about warranty conditions and guarantees
- Right of withdrawal for consumers
- Essential characteristics of the goods or services
- Identity and summonable address of the seller
- Online dispute resolution (OS platform)
- Dispute settlement according to the Consumer Dispute Settlement Act (VSBG)
§ 1 Definitions
(1) If special rights and obligations are agreed in these GTC only for consumers according to § 13 BGB or only for entrepreneurs according to § 14 BGB, the following definitions shall apply:
(2) A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his self-employed activity.
(3) An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Scope of the GTC for entrepreneurs
(1) If the Buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the GTC), these GTC shall apply exclusively. The Buyer’s GTC shall only apply insofar as the Seller has expressly agreed to them in writing prior to the respective conclusion of the contract.
(2) If the buyer is an entrepreneur in the sense of § 14 BGB (see § 1 para. 3 of the General Terms and Conditions), these General Terms and Conditions shall also apply to all future transactions between the contracting parties.
§ 3 Retention of title
The ordered goods remain the property of the seller until full payment has been made. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of the seller.
§ 4 Warranty
- If the buyer is a consumer in the sense of § 13 BGB (see § 1 para. 2 of the GTC), he is entitled to the statutory warranty rights. The warranty period is 24 months from the delivery of the item to the buyer.
- If the buyer is an entrepreneur in the sense of § 14 BGB (see § 1 para. 3 of the GTC), the warranty period for new items is one year from delivery of the item. No warranty shall be assumed for used items vis-à-vis an entrepreneur. Claims for damages are excluded from this. These shall be governed by the statutory provisions.
- If the buyer is an entrepreneur in the sense of § 14 BGB (see § 1 paragraph 3 of the GTC), he is only entitled to warranty claims due to existing transport damages if he has fulfilled his obligation to inspect and notify according to § 5 paragraph 4 of these GTC.
§ 5 Damage in transit
- If the buyer is a consumer (see § 1 para. 2 of the GTC), we ask that goods with obvious damage to the packaging or contents to the freight service to complain or refuse to accept. n addition, we ask the buyer in this case immediately contact us by e-mail, fax or mail.
- In the event of the discovery of hidden defects, we also request immediate notification.
- A shortening of the warranty rights, revocation rights and limitation periods is not associated with the above provisions.
- If the buyer is an entrepreneur in the sense of § 14 BGB (see § 1 para. 3 of the GTC), he must inspect the goods immediately after receipt for transport damage. Any ascertainable transport damage must be reported to the seller in writing without delay. The buyer must have packaging damage confirmed in writing by the transport company upon acceptance of the goods. If such a defect becomes apparent later, the notification must be made immediately after discovery.
§ 6 Applicable law
All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany with the exception of its conflict of laws provisions. With respect to consumers (see § 1 para. 2 of the GTC), this choice of law shall therefore only apply to the extent that mandatory provisions of the law of the state in which the consumer has his habitual residence do not conflict with the provisions of these GTC. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
§ 7 Jurisdiction
For disputes arising from or in connection with the delivery of the goods and/or these General Terms and Conditions, the courts at the registered office of the Seller shall have exclusive jurisdiction, provided that the Customer is a merchant or the Customer is a legal entity under public law or a special fund under public law or the Customer does not have a permanent place of residence in Germany, the Customer has moved its place of residence or habitual abode abroad after these General Terms and Conditions have come into effect or if the place of residence or habitual abode of the Customer is not known at the time the action is brought.
§ 8Consumer information and information in electronic commerce
1. language of the contract
The contractual language is German. These General Terms and Conditions are only offered in German.
2. conclusion of the contract and technical steps leading to the conclusion of the contract
- The product representations in the online shop are not binding offers of the seller but only represent an invitation by the seller to the buyer to make a purchase offer to the seller himself.
- If the buyer puts a product in the shopping cart, he goes through an ordering process in the seller’s online shop before submitting a binding offer. Here the buyer must select his billing and delivery address, his desired payment method and the shipping method. Only by sending the online order by clicking the binding order button “order subject to payment” the buyer makes a binding offer for the ordered goods at the price indicated in the order overview.
- If the Buyer selects “purchase on account” or “cash on delivery”as the method of payment in the order process, the Buyer’s offer shall be accepted by the Seller by sending an order confirmation by e-mail within 3 working days after the Buyer’s order has been sent. If the Buyer does not receive an order confirmation from the Seller within this period, the Buyer’s offer shall be deemed rejected and the contract shall not be concluded. In this case, the buyer is also no longer bound to his offer.
- If the buyer selects“prepayment” or “bank transfer”as the payment method in the order process, the buyer’s offer is accepted at the time of confirmation of the payment instruction to the bank. With the confirmation of the payment instruction by the buyer to his bank, the contract with the seller comes into effect.
- If the buyer selects“Paypal” as the payment method in the order process, the offer of the buyer is accepted at the time of confirmation of the payment instruction to PayPal. With the confirmation of the payment instruction to PayPal by the buyer, the contract with the seller comes into effect.
- If the Buyer selects“credit card”as the method of payment in the order process, the Buyer’s offer shall be accepted at the time the credit card is charged, which shall be immediately after the Buyer has sent the credit card data. The contract with the seller comes into effect when the credit card is charged.
- If the buyer selects “direct debit” as the payment method in the order process, the buyer’s offer is accepted at the time the account is debited, which takes place immediately after the buyer sends the account details. With the debit of the account of the buyer, the contract with the seller comes into effect.
- If the buyer selects “Sofortüberweisung” as payment method in the order process, the contract is concluded at the time of confirmation of the payment instruction by the buyer to SOFORT GmbH.
- The Buyer may also request a non-binding offer from the Seller by telephone, fax or e-mail. In this case, the Seller shall send the Buyer a binding offer including the required mandatory information within 7 working days after the request by telephone or sending the request by fax/email or letter, whereby the receipt of the offer by the Buyer is decisive for the observance of the deadline. The Buyer may then accept the Seller’s offer within 7 working days of receipt of the offer, again by telephone, fax, e-mail or letter, whereby it is sufficient for compliance with the deadline that the Buyer sends the fax, e-mail or letter within the deadline or accepts the Seller’s offer by telephone within the deadline. If the Buyer does not accept the Seller’s offer by telephone within the aforementioned period or does not send his declaration of acceptance by e-mail, fax or letter within the period, the Seller’s offer shall be deemed rejected and the contract shall not be concluded. In this case, the seller is also no longer bound to his offer.
3. correction of input errors before sending the order
You can check your order on a separate page before the final dispatch. You can then correct input errors by clicking on the “Back” button of your Internet browser on the previous page or via a corresponding correction function of the Internet shop in the order process.
4. storage of the contract text
The order data, the terms and conditions and the cancellation policy are sent to the buyer with the order confirmation of the seller by e-mail in text form. In addition, the text of the contract is stored on the internal systems of the seller and sent to the buyer again by e-mail upon request.
5. details concerning payment
- The payment of the purchase price is made through the payment options offered in the order process.
- Instalment payments require prior agreement with the seller.
- In the event of default in payment, the Seller shall be entitled to withdraw from the contract after expiry of a reasonable period for performance.
6. details concerning the delivery
- Unless otherwise agreed prior to the conclusion of the contract, the delivery of the goods shall generally be made by sending the goods to the address provided by the Buyer within Germany or to the countries that can be selected during the ordering process. Deliveries to other countries are excluded.
- The maximum delivery times as well as any existing delivery restrictions can be found under a correspondingly marked link of our Internet shop.
- Due to circumstances beyond the Seller’s control, such as force majeure, operational disruptions, etc., the delivery of the goods may be delayed. The seller will inform the buyer immediately. The rights of the buyer remain unaffected by this, in particular the buyer is entitled to withdraw from the contract after setting a reasonable grace period.
- If delivery is impossible for reasons for which the seller is not responsible, the claim to delivery is excluded. In the event that performance is impossible, the Seller undertakes to inform the Buyer immediately of the impediments to performance and to reimburse any payments already made without delay.
- The seller shall bear the risk of loss of or damage to the goods in transit, irrespective of any transport insurance, provided that the buyer is a consumer within the meaning of Section 13 of the German Civil Code (see Section 1 (2) of the General Terms and Conditions).
- The seller is free to choose the transport company.
7. prices and shipping costs
- The prices stated in the respective offers include the statutory value added tax as well as other price components (total price) plus the separately stated shipping costs. In the case of deliveries to countries outside the European Union (third countries), further customs duties or taxes may be incurred as soon as the purchased goods have reached the third country (see the following point 8 of these GTC).
- If the sold item is subject to differential taxation (used goods), the sales prices include the VAT to be paid by the seller according to § 25 a UStG and plus the shipping costs shown separately. In the case of differential taxation, the VAT cannot be shown.
8. customs and import duties for deliveries to countries outside the EU
We would like to point out that for deliveries to countries outside the European Union (third countries) further customs duties or taxes may be incurred as soon as the purchased goods have reached the third country. These further customs duties or taxes are to be borne by the buyer. The seller has no influence on these fees and cannot predict the amount, as customs regulations vary considerably from country to country. Diese weiteren Zollgebühren bzw. Steuern gehen zu Lasten des Käufers. Der Verkäufer hat keinen Einfluss auf diese Gebühren und kann die Höhe auch nicht vorhersagen, da die Zollbestimmungen von Land zu Land beträchtlich variieren. In case of delivery to a third country, we recommend that the buyer inquire about possible customs fees or local taxes at the customs office responsible for the third country.
9. information on warranty conditions and guarantees
- Information about the warranty conditions can be found in § 4 of the GTC.
- If the Seller grants an additional voluntary warranty, the Buyer’s statutory warranty rights shall not be limited thereby. Rather, the warranty shall apply in addition to the statutory warranty rights, whereby the content of the warranty and all essential information required for its assertion against the Seller can be taken from the respective warranty declaration.
10 Right of withdrawal for consumers
If you conclude a legal transaction for a purpose that can predominantly be attributed neither to your commercial nor to your independent professional activity (consumer in the sense of § 13 BGB), you are generally entitled to a right of withdrawal. The details of the right of withdrawal can be found in the separate cancellation policy of the seller.
11. essential characteristics of the goods or services
The essential characteristics of the goods or services can be found in the seller’s offers.
12. identity and summonable address of the seller
Our identity as well as our summonable address are:
Univ.-Prof. Dr.med. Ruth Kirschner-Hermanns, Karmeliterstraße 10 in 52064 Aachen/ Germany
13. online dispute resolution (OS platform)
The EU Commission provides an online platform for dispute resolution (ODR platform) with online merchants. The ODR platform is intended to serve for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. The ODR platform is intended to serve for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. This ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/
14. dispute resolution according to the Consumer Dispute Settlement Act (VSBG)
We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
Status of these GTC: 01 March 2021