General terms and conditions
General terms and conditions
General terms and conditions
Terms of Service
2. Conclusion of the contract
3. Right Of Revocation
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Reservation of Title
7. Lack of Defects (Warranty)
8. Applicable law
9. Place of Jurisdiction
10. Alternative dispute resolution
1.1 These terms and conditions of GH Medical Consutance (‘seller’) apply to all contracts relating to the supply of goods which a consumer or entrepreneur (‘customer’) contracts with the seller with regard to the goods displayed by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumers within the meaning of these Terms and Conditions shall be any natural person who enters into a legal transaction for purposes which, for the most part, cannot be attributed to either their commercial or independent professional activity. Entrepreneur within the meaning of these Terms and Conditions is a natural Or legal Person or a legal partnership that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but are used to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual Shopping Cart and going through the electronic ordering process, the customer gives a legally binding contract offer in relation to those goods contained In the basket.
2.3 The seller may accept the customer’s offer within five days,
-by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), insofar as the customer’s access to the order confirmation is decisive, or
-by delivering the ordered goods to the customer, where access to the goods is relevant to the customer, or
-by asking the customer to pay after placing their order.
If several of the above alternatives are available, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller after conclusion of the contract and sent to the customer after sending his order in writing (eg e-mail, fax or letter). Any further provision of the contract by the seller is not possible. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be called up by the customer via his password-protected user account with the corresponding login data.
2.5 Vor verbindlicher Abgabe der Bestellung über das Online-Bestellformular des Verkäufers kann der Kunde mögliche Eingabefehler durch aufmerksames Lesen der auf dem Bildschirm dargestellten Informationen erkennen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled, in principle, to the right of revocation.
3.2 Further information on the right of revocation can be found in the revocation instruction of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method “IMMEDIATELY” is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount with “SOFORT”, the customer must have a PIN / TAN online banking account enabled to participate in “SOFORT”, legitimize himself during the payment process and have the payment order vis-à-vis “SOFORT”. to confirm. The payment transaction will be carried out immediately after “SOFORT” and the customer’s bank account will be debited. Further information about the “SOFORT” payment method can be found on the internet at https://www.klarna.com/sofort/.
4.7 When selecting the payment method “PayPal direct debit”, PayPal shall deduct the invoice amount from the customer’s bank account after issuing a SEPA direct debit mandate, but not before the deadline for the preliminary information has expired on behalf of the seller. Pre-notification is any notice (such as an invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of an incorrect bank account or the customer objects to the debit, although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution, if he is responsible for this.
4.8 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, to which the supplier assigns his payment claim. Paypal collects the invoice amount from the customer’s specified credit card account. In the case of assignment can be made only to Paypal with debt-discharging effect. The credit card is charged immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries even if the payment method Credit Card Payment via Paypal is selected. to the goods, delivery time, dispatch, returns, complaints, revocation declarations and -shipping or credits.
5) Delivery and Shipping Conditions
5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment is decisive.
5.2 If the transport company sends the goods back to the seller, as delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for pickup. Upon receipt of this e-mail, the customer may collect the goods after consultation with the seller at the seller’s domicile. In this case, no shipping costs will be charged.
6) Retention of title
If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this applies to used goods: claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
– for damages and reimbursement claims of the customer, as well
– in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable law
8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time the contract is concluded.
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.