General Terms and Conditions with Customer Information
Offers and Service Descriptions
Ordering Process and Conclusion of Contract
Prices and Shipping Costs
Delivery, Product Availability
Retention of Title
Warranty and Guarantees
Storage of Contract Text
Scope 1.1. The following General Terms and Conditions in their valid version at the time of the order exclusively apply to the business relationship between UpcareMedical GmbH, Bahnhofstr. 17, 82166 Gräfelfing, email@example.com, Tel: +49 (0)89 200006770
1.2. You can contact our customer service for questions, complaints, and objections on weekdays from 9:00 AM to 6:00 PM by email at firstname.lastname@example.org.
1.3. For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their self-employed professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity.
Offers and Service Descriptions The presentation of products in the online shop does not represent a legally binding offer but a request to place an order. Performance descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee. All offers are subject to change and non-binding, especially with regard to availability.
Ordering Process and Conclusion of Contract 3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the [Add to Cart] button. Within the shopping cart, the product selection can be changed, e.g., deleted. Subsequently, the customer can proceed to the completion of the ordering process by clicking the [Checkout] button within the shopping cart.
3.2. By clicking the [Place Order] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and return to the shopping cart using the browser function „Back“ or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3. The seller will then send the customer an automatic order confirmation by email, which lists the customer’s order again and can be printed out by the customer using the „Print“ function (Order Confirmation). The automatic order confirmation merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller sends, hands over, or confirms the shipment of the ordered product to the customer within the specified delivery time by means of a second email, explicit order confirmation, or sending of the invoice.
3.4. If the seller enables payment in advance, the contract is concluded with the provision of the bank details and payment request. If payment is not received by the seller within 10 calendar days after sending the order confirmation, despite a renewed request, the seller shall withdraw from the contract, resulting in the cancellation of the order and the seller’s exemption from any obligation to deliver. The order is then considered completed for both the buyer and the seller without further consequences. Reservation of the item for advance payment lasts a maximum of 10 calendar days.
- Prices and Shipping Costs 4.1. All prices indicated on the seller’s website include the respective applicable statutory value-added tax.
4.2. In addition to the prices indicated, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and within the ordering process.
- Delivery, Product Availability 5.1. If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2. If delivery of the goods fails due to the fault of the customer, despite three attempts, the seller can withdraw from the contract. Any payments made will be promptly refunded to the customer.
5.3. If the ordered product is not available because the seller is not supplied by their supplier without any fault of their own, the seller can withdraw from the contract. In this case, the seller will promptly inform the customer and, if applicable, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will promptly refund any payments already made by the customer.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
- Payment Methods 6.1. The customer can choose from the available payment methods within the scope and prior to the completion of the ordering process. Customers will be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are entrusted with payment processing, e.g., PayPal, their general terms and conditions apply.
6.4. If payment is due on a specific calendar day, the customer is already in default by missing the deadline. In this case, the customer is obliged to pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not exclude the assertion of further default damages by the seller.
6.6. The customer is only entitled to set-off if their counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if their claims result from the same contractual relationship.
Retention of Title Until full payment is made, the delivered goods remain the property of the seller.
Warranty and Guarantees 8.1. Warranty is provided in accordance with statutory provisions.
8.2. A guarantee exists for the goods delivered by the seller only if it has been expressly provided. Customers will be informed about the guarantee conditions before initiating the ordering process.
- Liability 9.1. Without prejudice to the other statutory requirements for claims, the following exclusions and limitations of liability apply to the seller’s liability for damages.
9.2. The seller is unlimitedly liable for damages caused by intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly relies. In this case, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
9.4. The aforementioned limitations of liability do not apply in the event of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
- Storage of Contract Text 10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
10.2. The seller will also send the customer an order confirmation with all order data to the email address provided by the customer. With the order confirmation, or at the latest upon delivery of the goods, the customer will also receive a copy of the terms and conditions including the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. Furthermore, we store the contract text, but do not make it accessible on the Internet.
- Final Provisions 11.1. The place of jurisdiction and performance is the seller’s place of business if the customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. The contract language is German.
11.3. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.