General Terms and Conditions of the V-MEDTECH Online Shop
§ 1 Provider and Scope
(1) These General Terms and Conditions apply to contracts concluded through the V-MEDTECH online shop.
The online shop is operated by:
HARSCH GmbH – V-MEDTECH
Mühlgasse 22
78549 Spaichingen
Germany
Managing Director: Vitali Harsch
Commercial Register: HRB 753497
Registration court: Stuttgart, Germany
VAT ID: DE301438092
Phone: +49 7424 7033 252
Email: [email protected]
(2) These Terms and Conditions apply to consumers and business customers unless an individual provision expressly provides otherwise.
(3) A consumer is a natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
(4) A business customer is a natural or legal person or a partnership with legal capacity acting in the course of its commercial or independent professional activity when concluding the contract.
§ 2 Conclusion of Contract
(1) The presentation of products in the V-MEDTECH online shop does not constitute a legally binding offer but an invitation to place an order.
(2) Customers may select products and place them in the shopping cart. Before submitting the order, the customer has the opportunity to review and correct the entered information.
(3) By clicking the button used to submit an order with an obligation to pay, the customer submits a binding offer to purchase the products contained in the shopping cart.
(4) After receiving the order, V-MEDTECH sends an electronic confirmation of receipt. The automatic confirmation of receipt does not in itself constitute acceptance of the order unless expressly stated otherwise.
(5) The contract is concluded when V-MEDTECH expressly accepts the order, confirms shipment or dispatches the goods.
§ 3 Prices and Payment
(1) The prices displayed in the online shop apply at the time the order is placed.
(2) Prices, applicable taxes and any additional shipping costs are displayed during the ordering process in accordance with the customer's delivery destination and applicable legal requirements.
(3) Available payment methods are displayed during checkout and may include credit card, PayPal, bank transfer/prepayment or other payment methods offered by V-MEDTECH.
(4) Unless otherwise agreed, payment is due according to the conditions displayed during checkout.
§ 4 Delivery and Shipping
(1) Delivery is made to the delivery address provided by the customer.
(2) Available shipping methods, shipping costs and estimated delivery times are displayed during the ordering process or described on our Delivery page.
(3) Delivery times may vary depending on the product, destination, selected shipping method and availability.
(4) For deliveries to countries outside the European Union, customs duties, import taxes and other charges may be imposed by the destination country. Unless expressly stated otherwise, such charges are not included in the product price or shipping costs and are the responsibility of the recipient.
(5) International deliveries may be made under Delivered at Place (DAP) terms where indicated. Under DAP, applicable import duties, import taxes and customs clearance charges in the destination country are generally borne by the recipient.
(6) Events beyond our reasonable control, including force majeure, transport disruptions or customs delays, may affect delivery times. Statutory customer rights remain unaffected.
§ 5 Right of Withdrawal for Consumers
(1) Consumers generally have a statutory 14-day right of withdrawal for distance contracts, subject to applicable statutory exceptions.
(2) Detailed information about the exercise of the right of withdrawal, return procedure, return costs and refunds is provided in our Return Policy / Withdrawal Information.
(3) Certain sealed goods may be excluded from the right of withdrawal if they are not suitable for return for reasons of health protection or hygiene and their seal has been removed after delivery.
This may apply in particular to certain medical, hygiene, diagnostic or patient-contact products.
(4) The opening of ordinary shipping or outer packaging does not in itself automatically exclude the statutory right of withdrawal.
(5) Statutory rights relating to defective or non-conforming goods remain unaffected.
§ 6 Returns and Refunds
(1) Returns resulting from the exercise of a statutory right of withdrawal are handled in accordance with our Return Policy and applicable statutory provisions.
(2) Where the customer is responsible for the direct cost of returning goods following a withdrawal, this will be communicated in accordance with the applicable legal requirements.
(3) In the case of an incorrect, damaged or defective product, customers should contact V-MEDTECH before returning the goods so that appropriate return instructions can be provided.
(4) Refunds are made in accordance with the applicable statutory requirements and our Return Policy.
§ 7 Statutory Rights for Defective Goods
(1) Statutory rights relating to defects and non-conforming goods apply.
(2) Consumers are not subject under these Terms and Conditions to an additional contractual obligation to inspect goods immediately upon receipt or to report defects immediately in order to preserve their statutory consumer rights.
(3) Business customers remain subject to any applicable statutory inspection and notification obligations, including those arising under German commercial law where applicable.
(4) Any manufacturer's warranty provided for a product exists in addition to, and does not restrict, the customer's statutory rights against the seller.
§ 8 Liability
(1) V-MEDTECH is liable without limitation where liability arises from intent or gross negligence and in cases of injury to life, body or health.
(2) In the event of a slightly negligent breach of an essential contractual obligation, liability is limited, to the extent permitted by law, to damage that was foreseeable and typical for the contract.
(3) Mandatory statutory liability provisions remain unaffected.
§ 9 Retention of Title
The goods remain the property of HARSCH GmbH until the purchase price has been paid in full, to the extent permitted by applicable law.
§ 10 Data Protection
(1) Personal data is processed in accordance with applicable data protection legislation.
(2) Detailed information about the collection and processing of personal data is available in the Privacy Policy of the V-MEDTECH online shop.
§ 11 Consumer Dispute Resolution
HARSCH GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Applicable Law
(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent legally permissible.
(2) For consumers, this choice of law does not deprive them of mandatory consumer protection provisions applicable under the law of the country in which they have their habitual residence, where such protection is applicable.
§ 13 Jurisdiction for Business Customers
Where the customer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction shall be the registered office of HARSCH GmbH to the extent permitted by law.
Mandatory statutory rules concerning jurisdiction remain unaffected.
§ 14 Final Provisions
(1) If an individual provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected, insofar as legally permissible.
(2) Mandatory statutory rights of consumers remain unaffected by these Terms and Conditions.