General Terms and Conditions for Consumers
The following general terms and conditions, as amended from time to time, shall apply to all business relationships between Digital Dental & Healthcare Technology GmbH & Co.KG (DDHT) and its customers. Customers accept these terms as binding when they place an order. Any deviating customer terms and conditions shall not apply unless DDHT has expressly agreed otherwise in writing.
Customers are entering into a contract with DDHT, Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, Owner, Grünwalder Straße 1, 1st floor, 81547 Munich, Germany.
Offers made on the DDHT website are subject to change without notice. Orders placed by customers are binding offers to enter into a contractual relationship with DDHT. DDHT may or may not accept this offer within two weeks after receipt either by sending an order confirmation or by sending the ordered goods. Either action establishes the contractual relationship between the parties.
All prices include the applicable statutory VAT. Our prices do not include shipping costs. These will be listed separately on invoices. Any customs duties or taxes will be charged separately and are the responsibility of the customer. This may cause the final amount due to differ from that shown online. Customers are responsible for compliance with local laws.
The purchase price is due 14 days after receipt of the invoice. If customers are in default, interest will be charged at the statutory rate. The right to claim higher damages for late payment remains reserved. Deliveries abroad will only be made if paid in advance. Invoices are to be paid within 14 days after delivery is received. Payments by credit card are accepted. No cash discounts are provided.
Retention of title
The delivered goods remain the property of DDHT until full payment is received.
Delivery is made from DDHT's warehouse to the delivery address specified by the customer. As a rule, the products are available within 5 working days from receipt of order. This does not represent a binding or guaranteed date of dispatch or delivery.
If a specific delivery period has been agreed and we are unable to deliver the goods on time due to force majeure or other circumstances beyond DDHT's control, the delivery periods shall be extended for the duration of such delay.
"DDHT is liable for damages resulting from its acts done with intent or out of gross negligence. Liability is excluded in cases of slight negligence. Otherwise, DDHT is only liable under the Product Liability Act or due to a culpable breach of essential contractual obligations, or insofar as DDHT has fraudulently concealed a defect or has voluntarily guaranteed the quality of the goods. The claim for damages for the culpable breach of essential contractual obligations is limited to such damages as may be foreseeable and typical for such contracts, unless other causes per clauses 1 or 2 also apply. The above disclaimer also applies to the liability of DDHT's representatives or vicarious agents.
The above provisions shall apply to all claims for damages on whatever legal grounds, in particular for damages in addition to or instead of performance, for damages for defects, for breach of obligations arising from the contractual relationship or from tort. They shall also apply to claims for the reimbursement of unnecessary expenses. The above provisions shall also apply when delivery is in default or impossible.
Customers may only offset claims that have legally established or are undisputed against our invoices. Customers may withhold payment on the grounds of counterclaims only arising from this contractual relationship.
Cancellation policy for consumers
If the customer is a consumer within the meaning of the German Civil Code, the following applies: You may cancel your contract in writing (e.g. letter, fax, email) within 14 days without obligation to provide reason for the termination or - if the item is delivered to you before the above-mentioned deadline - by returning the goods. The period begins upon receipt of this notice in writing, but not before the customer receives the delivery (or not before receiving the first partial delivery if recurring deliveries of similar goods have been ordered) and also not before we have fulfilled our statutory obligation to inform customers of this right per §312c para. 2 of the German Civil Code (BGB) in conjunction with §1 para. 1, 2 and 4 BGB-InfoV, and our obligations according to §312e para. 1 clause 1 BGB in conjunction with §3 BGB-InfoV. Timely submission of the revocation notice or goods is sufficient for compliance with the revocation period conditions. The request must be sent to: DDHT, Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, Grünwalder Str. 1, 81547 Munich
Consequences of rescission
In the case of an effective cancellation, mutually received goods and services must be returned and any benefits (e.g. interest, dividends) surrendered. If you cannot return the services received in full or in part, or only return them a worse state, you must pay us compensation for the loss in value. This does not apply to the transfer of items, if the deterioration in their condition is solely due to their examination to check if they are in the condition they would have been in the retail outlet. In addition, you can avoid the obligation to pay compensation for the damage resulting from use, by not using the goods as if your property and not taking any actions which could affect their value. Transportable goods are returned at our expense and risk. Non-transportable goods will be collected from you. Obligations for reimbursement of payments must be fulfilled within 30 days. The period begins for you with the dispatch of your return or the item, for us with their receipt. End of the Withdrawal Policy.
Customers are requested to contact DDHT before returning the goods and, if possible, to return the goods undamaged, in the original packaging, and with sufficiently postage to cover their return. The postage will be refunded immediately. This does not affect the right of revocation is not affected, which continues to apply if the return is sent postage due.
The law of the Federal Republic of Germany applies.
Place of jurisdiction
If the customer is a merchant within the meaning of the German Commercial Code, the place of performance and place of jurisdiction for all obligations is the registered office of DDHT.
If the customer is not domiciled in the Federal Republic of Germany, Munich shall be the exclusive place of jurisdiction. Exclusive legal venues, e.g. for legal dunning proceedings, shall remain unaffected.
Objection to marketing emails
I hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator expressly reserves the right to take legal action in the event that unsolicited marketing material, such as spam email, is received.
Source : www.e-recht24.de