General Terms and Conditions of Sale for the online shop of the Procon Gesellschaft für Kontinenzversorgung Rehabilitation mbH

§ 1 SCOPE OF APPLICATION

(1) These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply to all contracts entered into by our online shop between us, the

Procon Gesellschaft für
Kontinenzversorgung Rehabilitation mbH
Bramfelder Chaussee 41
22177 Hamburg, Germany

Telefon: 040 600 198 50
Telefax: 040 600 198 75

E-Mail: info@procon-hh.de
Internet: https://www.procon-contrain.de/

Managing Director:
Dr. med. Albert Heimerl
Dagmar Nordmann-Heimerl

Register court: District Court Hamburg
Registration number: HRB 71310
VAT identification number in accordance with § 27a of the German Value Added Tax Act: DE 812761641

and you as our customers. These GTC apply regardless of whether you are a consumer, business or a merchant.

(2) All agreements made between you and us in connection with the purchase contract result in particular from these GTC, our written order confirmation, and our declaration of acceptance.

(3) The version of the GTC which is valid at the time the contract is concluded applies.

(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.

§ 2 CONTRACT CONCLUSION

(1) The presentation and advertisement of products in our online shop does not represent a binding offer to conclude a purchase contract.

(2) By sending an order via the online shop by clicking the “Order for payment” button, you submit a legally binding order. You are bound to the order once two (2) weeks have expired after it has been delivered. Your right under § 3 to cancel your order remains unaffected.

(3) We will immediately confirm the receipt of your order via our online-shop by email. Such an email does not represent a binding acceptance of the order, unless we also declare having accepted the order in addition to the confirmation of receipt.

(4) A contract is concluded only when we accept your order by means of a declaration of acceptance or by the delivery of the ordered items.

(5) If the delivery of the goods ordered by you is not possible, for example, because the goods are not in stock, we will not accept the order. In this case, a contract conclusion will not be effected. We will immediately inform you about this and immediately reimburse any payments already received.

§ 3 CANCELLATION LAW

(1) If you are a consumer (i.e. a natural person ordering a product for a purpose that cannot be attributed to your commercial or independent professional activity), you are entitled to a right of cancellation under statutory provisions.

(2) If you, as a consumer, use your right of cancellation pursuant to clause 1, you shall bear the regular costs of returning the goods.

(3) Otherwise, the right of cancellation shall be governed by the regulations which are given in detail in the following

Cancellation Policy

Right of Cancellation

You have the right to cancel this contract within a period of fourteen days without giving reasons.

The cancellation period shall be fourteen days from the date on which you or a third party you designate, who is not the carrier, has taken possession of the goods.

To exercise your right of revocation, you must contact us

Procon Gesellschaft für
Kontinenzversorgung Rehabilitation mbH
Bramfelder Chaussee 41
22177 Hamburg, Germany

Telefon: 040 600 198 50
Telefax: 040 600 198 75

Email: info@procon-hh.de

by means of a clear statement (e.g. a letter sent by mail, fax or email) about your decision to cancel this contract. You may use the enclosed sample cancellation form, but this is not required.

In order to stay within the cancellation period, it is sufficient that you send the notification that you are exercising the right of cancellation before the end of the cancellation period.

Consequences of Cancellation

If you cancel the contract, we will reimburse all payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most cost-effective standard delivery method offered by us) immediately and at the latest within a period of fourteen days from the date on which the notice of cancellation of this contract has been received by us. We will use the same means of payment you have used in the original transaction for such a refund, unless we have expressly agreed otherwise. You will not be charged for these reimbursement fees in any circumstance. We may refuse the refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods to us immediately or in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is considered to be met if you send the goods before the 14 days have expired.

You shall bear the costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.

– End of cancelation policy-

 

Sample cancellation form

(If you want to cancel the order, please fill out this form and return it.)

To

Procon Gesellschaft für
Kontinenzversorgung Rehabilitation mbH
Bramfelder Chaussee 41
22177 Hamburg, Germany

Telefax: 040 600 198 75
Email: info@procon-hh.de

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):

Ordered on (*) / received on (*)

Name of consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in the case of a communication on paper)

Date

(*) Delete anything not applicable.

(4) Insofar as we have not agreed otherwise with the customer, the right of cancellation pursuant to § 312g (2) BGB shall not apply to contracts for the supply of goods which are not pre-manufactured and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Moreover, it shall be inapplicable for contracts for the supply of sealed goods which are not suitable for return on grounds of protection of health or hygiene if their seal has been removed after delivery and in the case of contracts for the supply of audio or video recordings or computer software in a sealed package when the seal has been removed after delivery.

§ 4 DELIVERY CONDITIONS AND RESERVATION OF PAYMENT IN ADVANCE

(1) We are entitled to partial deliveries as far as this is reasonable for you.

(2) The delivery period is approximately three (3) working days, unless otherwise agreed. It shall begin with the conclusion of the contract, subject to the provisions of paragraph 3.

(3) We deliver to customers who are consumers only after receipt of the purchase price plus shipping costs for goods with a value of more than 52.80 Euro incl. VAT. Otherwise you have the option to pay on receipt of the goods and invoice. We reserve the right to deliver the goods only after receipt of the purchase price and with shipping costs (advance payment reservation) for customers headquartered or domiciled abroad or in the case of justified reasons for a risk of loss of payment. In this case, we will immediately notify you of the advance payment reservation. In any case, the delivery period starts with payment of the purchase price and shipping costs.

§ 5 PRICES AND SHIPPING COSTS

(1) All prices in our online shop are gross price including the statutory value added tax and are subject to additional shipping costs.

(2) The shipping costs are stated on our online shop pricing information. The price, including VAT, will also be displayed on the order form before you submit the order.

(3) If we fulfill your order according to § 4 Abs. 1 by partial deliveries, you will pay the shipping costs only for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you cancel your contract declaration in accordance with § 3, you may demand the reimbursement of already paid costs for shipping to you (shipping costs) under the statutory requirements (see Other Cancellation Consequences § 3 para 3).

§ 6 TERMS OF PAYMENT AND SETTLEMENT AND RETURN RIGHTS

(1) The purchase price and the shipping costs must be paid at the latest within two (2) weeks from receipt of our invoice.

(2) In case of advance payment you can transfer the purchase price and the shipping costs to our account specified in the online shop or pay by Paypal according to your choice.

(3) You are not entitled to offset against our claims, unless your counterclaims are legally established or undisputed. You are also [A1] entitled to offset against our claims if you assert claims of defect or counterclaims from the same purchase contract.

(4) You may only exercise a right of retention as a buyer if your counterclaim results from the same purchase contract.

§ 7 PROPERTY RIGHTS

The delivered goods remain our property until full payment of the purchase price.

§ 8 WARRANTY

(1) We are liable for material or legal deficiencies of delivered products according to the applicable legal regulations, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for deficiencies is two years for consumers, one year for businesses and starts with the delivery of the goods.

(2) Any seller warranty provided by us for certain products or manufacturer warranties for items specified by the manufacturer shall be in addition to the entitlement of claims for material or legal deficiencies within the meaning of paragraph 1. Details of the extent of such warranties shall be derived from the warranty conditions which apply to the product in question.

§ 9 LIABILITY

(1) We shall be liable to you in all cases of contractual and non-contractual liability in case of willful intent or gross negligence, in accordance with statutory provisions, for damages or replacement of futile expenses.

(2) In any other cases, we shall be liable only in case of a breach of contractual obligation, the fulfillment of which make the proper execution of the contact possible and the observance of which the contractual partners regularly rely upon (cardinal obligation), and then limited to the replacement of the foreseeable and typical damage, unless otherwise regulated in paragraph 3. In all other cases, our liability is excluded, subject to the provisions of clause 3.

(3) Our liability for damage resulting from injury to life, body or health according to the Product Liability Act shall remain unaffected by the above limitations and exclusions.

§ 10 COPYRIGHT

We have copyright to all images, films, and texts, which are published in our online shop. Use of the pictures, films and texts is not permitted without our express consent.

§ 11 ONLINE DISPUTED DISPOSAL, CONSUMPTION

(1) The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online purchase contracts. More information is available at: http://ec.europa.eu/consumers/odr.

(2) We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer-enforcement agency pursuant to the Consumer Dispute Settlement Act.

§ 12 APPLICABLE LAW AND JURISDICTION

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contract for the International Sale of Goods (CISG). If you have placed the order as a consumer and have your habitual residence in a country other than Germany at the time of your order, the application of mandatory legal provisions of that country shall not be affected by the choice of law as per clause 1.

(2) If you are a merchant and your place of business is Germany at the time of the order, exclusive jurisdiction is the place of business of the seller. In addition, the applicable legal provisions apply to local and international jurisdiction.

Version: March 2017

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG: