1.1 These “General Terms and Conditions” (GTC) shall apply to all current and future transactions of HELLER MEDIZINTECHNIK GmbH & Co. KG (Seller), even if they are not expressly agreed again. They also apply to customers who are consumers within the meaning of § 13 BGB (German Civil Code).
1.2 Consumers are natural persons who enter into a legal transaction for purposes that are predominantly outside their trade, business or profession. Conflicting or supplementary GTC shall not be accepted.
2.1 All offers (e.g. in the online store, in brochures, catalogs, advertisements, Internet) are subject to change and non-binding.
2.2 The seller reserves the right to remove or replace the products presented in the online store with other products at any time without prior notice.
2.3 In the online store, the customer can submit his order (the contract offer) via the integrated online order form. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer to purchase or rent the goods and/or services contained in the shopping cart by clicking the button (“Order now”) that concludes the ordering process. The seller confirms receipt of the order by e-mail.
2.4 However, the customer can also place the order by post, e-mail, fax or telephone with the seller.
2.5 If the seller does not accept the customer’s offer within five days of receipt of the customer’s order by means of an order confirmation, the customer is no longer bound by his contractual offer.
2.6 A contract is only concluded when the seller has accepted the order in text form or has delivered the goods to the customer.
2.7 In the online store, the order is accepted after confirmation of receipt by separate e-mail.
2.8 The text of the contract together with the GTC and revocation instructions will be sent to the customer by e-mail when the contract is concluded for orders in the online store. In the case of other orders, the text of the contract together with the GTC and the revocation policy will be sent to the customer by e-mail, fax or letter.
2.9 Only the German language is available for the conclusion of the contract and the text of the contract.
2.10 Order processing and contact are generally carried out by e-mail and automated order processing. When ordering online or by e-mail, the customer must therefore ensure that the e-mail address provided is correct and that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.
4.1 Unless individual agreements have been made, the prices stated on the product pages of the online store at the time of the order shall apply. Previously stated prices lose their validity when the product page is updated.
4.2 The prices stated in the online store include the statutory value added tax.
4.3 The shipping costs stated on the website of the online store or the shipping costs stated in the shopping cart are charged for shipping the goods. From an order value of EUR 75.00, the seller delivers free of shipping costs.
4.4 Various payment options are available to the customer, which are specified in the seller’s online store. If the payment method “PayPal” is selected, payment shall be processed in accordance with the PayPal terms of use, which can be viewed at www.paypal.com
4.5 If payment is selected using the credit cards specified in the online store, the terms of use of the respective company shall apply.
4.6 If advance payment has been agreed, payment shall be due immediately after conclusion of the contract.
5.1 Unless otherwise agreed, delivery shall be ex warehouse to the address specified by the customer. Deliveries and services to consumers shall be made within approx. 5 weekdays after receipt of payment, unless another period was agreed upon acceptance of the order.
5.2 If it is determined during the processing of the order that the product is not available, the customer will be informed immediately and, in the event of withdrawal, the consideration paid will be refunded.
5.3 If obstacles to performance arise on the part of the seller that are beyond the seller’s control – e.g. force majeure, sovereign intervention, export and/or import bans, labor disputes – the delivery or performance period shall be extended appropriately, even if there is already a delay in delivery or performance. If such an obstacle leads to a delay in performance of a further 14 calendar days, the customer may withdraw from the contract after setting a reasonable grace period. If delivery or performance becomes permanently impossible due to such events, both contracting parties shall be entitled to withdraw from the contract.
5.4 These provisions shall also apply in the event of non-delivery or untimely self-delivery, provided that the Seller is not responsible for the non-delivery or delay.
5.5 The Seller is entitled to make partial deliveries and render partial services at any time, unless the partial delivery or partial service is unreasonable for the Customer.
5.6 If the customer is in default of acceptance of the delivery or service for which he is responsible, the seller is entitled to demand compensation for the damage incurred by him.
5.7 For logistical reasons, self-collection is only possible in exceptional cases.
6.1 In the event of transport damage, obvious defects must be reported to the carrier in text form immediately after delivery.
6.2 The notification must also be sent to the seller immediately in text form together with a damage report.
6.3 If the customer is a consumer, he shall not lose his statutory or contractual claims for defects even in the event of non-compliance.
7.1 In relation to consumers, the Seller reserves title to the delivered goods until the purchase price owed has been paid in full. The customer may not dispose of the reserved goods. If third parties – in particular bailiffs or insolvency administrators – have access to the reserved goods, the customer is obliged to point out the seller’s ownership and to inform the seller immediately so that the seller can enforce his ownership rights. If the third party is not in a position to reimburse the costs incurred in this connection, the customer shall be liable for the costs.
7.2 The Seller shall retain title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns to the seller in advance all resulting claims against third parties in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer shall remain authorized to collect the claims even after the assignment. The seller’s right to collect the claims himself remains unaffected. However, the seller shall not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
8.1 The warranty for defects in the goods already present at the time of handover to the customer or, in the case of shipment, at the time of handover to the forwarding agent, carrier or postal or parcel service, shall be governed by the statutory provisions, unless otherwise stipulated below.
8.2 Accordingly, you have the right to demand subsequent performance by remedying the defect or delivering a defect-free item. However, we are entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance does not cause you any significant disadvantages. If the supplementary performance fails or is unreasonable, you may demand a reduction in the purchase price in accordance with the statutory provisions or withdraw from the contract.
8.3 Claims for damages due to the defect are excluded. This shall not apply in the event of intent or fraudulent concealment of the defect by HELLER MEDIZINTECHNIK GmbH & Co. KG and in the event of claims for damages arising from injury to life, limb or health.
8.4 In the event of faulty assembly instructions, we shall only be obliged to supply faultless assembly instructions and only if the item has not been assembled correctly.
8.5 In all other respects, the statutory provisions shall apply.
8.6 If the customer is an entrepreneur within the meaning of Section 14 BGB, the following shall apply by way of derogation: The warranty period shall be 12 months. The entrepreneur is obliged to inspect the goods received immediately and to report any defects without delay. If no notification of defects is made in good time, the warranty claims against us are excluded. Section 377 HGB applies.
9.1 Claims against the seller for damages are excluded.
9.2 Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) and liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives, employees or vicarious agents. Essential contractual obligations (cardinal obligations) are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.
9.3 If the damage is caused by a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it concerns claims for damages arising from injury to life, limb or health.
9.4 Indirect damage and damage resulting from defects in the delivery item shall also only be compensated to the extent that the damage is typically to be expected when the delivery item is used as intended.
9.5 The above exclusions and limitations of liability shall apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of HELLER MEDIZINTECHNIK GmbH & Co KG, even if claims are made directly against them.
9.6 The provisions of the Product Liability Act remain unaffected.
10.1 If a medical device or aid is provided to the customer for use, the customer must ensure that the product owned by the lessor is handled as intended, properly and with care in accordance with the instructions in the operating manual.
10.2 In the event of damage to or loss of the product, the customer is obliged to notify the rental company immediately by telephone or in text form. In the event of damage, the aid must be returned immediately. The customer shall bear the costs of shipment if he is responsible for the damage; otherwise the lessor shall bear the costs.
10.3 Damage caused to the Lessor’s products/auxiliary means must be repaired exclusively by the Lessor or a third party commissioned by the Lessor. If the product requires maintenance, maintenance may only be carried out by the Lessor or a third party appointed by the Lessor. If the product does not function properly and the customer is not responsible for this, the costs of shipping and repair shall be borne by the lessor; otherwise the customer shall bear the costs.
10.4 Accessories and consumables for the product provided for hire are to be obtained exclusively from the Lessor. If damage occurs to the product due to non-compliance with this obligation, the customer shall be obliged to have the damage repaired by the lessor and shall bear any costs incurred.
10.5 If the rental period has expired or the reasons for the transfer no longer apply, the product must be returned to the Lessor immediately. The customer shall bear the costs of shipping. If the customer does not return the product immediately after the end of the rental period, he must pay the rent up to the time at which the product was demonstrably returned. If the rental company suffers damage as a result of the delayed return, the customer must also compensate for this damage.
11.1 Personal data is collected, stored and processed by the seller in connection with the initiation, conclusion, execution and reversal of a contract on the basis of these GTC. This is done in accordance with the statutory provisions. Your personal data will not be passed on to third parties for purposes other than those listed below.
11.2 The seller will only pass on your personal data to third parties if you have given your express consent to this in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, if the disclosure is legally permissible and is necessary for the processing of contractual relationships with you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR; in the event that there is a legal obligation for the disclosure in accordance with Art. 6 para. 1 sentence 1 lit. c GDPR, the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data.
11.3 If a third party is used for services in connection with the handling of processing operations, the provisions of the GDPR in conjunction with the Federal Data Protection Act shall be complied with. The data provided by you in connection with the order will be processed exclusively for the purpose of establishing contact within the scope of contract processing and only for the purpose for which you have provided the data. The data will only be passed on to the billing company for invoices to the social insurance institutions and shipping companies that take over the delivery of the goods in accordance with the order to the extent necessary.
11.4 The data will be deleted after termination of this contractual relationship, provided that the seller is not subject to any retention periods under commercial, social security or tax law. In this case, the data may be stored for up to ten years.
11.5 At your request, personal data will be deleted, corrected, blocked or restricted in accordance with the statutory provisions. You also have the right to receive your data in a structured, commonly used and machine-readable format. Information about all of the customer’s personal data is available free of charge. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, you can contact the following address: HELLER MEDIZINTECHNIK GmbH & Co KG, Europaplatz 2, 35619 Braunfels or by e-mail to info@heller-medizintechnik.de. The complete information can be found in the detailed version of our data protection information at www.heller-medizintechnik.de
12.1 The place of performance for delivery and payment shall be Braunfels.
12.2 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods, unless consumer protection regulations or regulations of the EU take precedence for orders from other European countries.
13.1 If the Customer is a private end consumer and does not have a place of residence or domicile within the European Union, the place of jurisdiction shall be the Seller’s place of business. If the end consumer is not domiciled in the Federal Republic of Germany, but within the European Union, the law of the end consumer’s domicile may also be applicable, provided that it is a matter of deviating and mandatory consumer law provisions.
13.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contractual relationship if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business.
14.1 The European Commission provides a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/.
The seller is not obliged to participate in consumer arbitration proceedings and therefore does not participate in them. We prefer to resolve customer concerns directly with the customer.
14.2 Should individual provisions of these General Terms and Conditions be or become void, ineffective and/or unenforceable in whole or in part, this shall not affect the effectiveness of the remaining provisions and shall not result in the ineffectiveness of these General Terms and Conditions or the concluded contract.
HELLER MEDIZINTECHNIK GmbH & Co KG, Status 09/2018
HELLER MEDIZINTECHNIK GmbH & Co. KG has been a certified medical technology company for over 25 years and has many years of experience in designing solutions in the field of electrical nerve and muscle stimulation.
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