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Terms & Conditions
§ 1 Basic Provisions
1. The following terms and conditions apply to all contracts between SOS Surgical Germany E.k. and the customer, which are closed on the website of the provider sossurgical.de. Unless otherwise agreed, the inclusion of own conditions of the customer is excluded.
2. Consumers in the sense of following rules shall mean any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial nor independent professional activity. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their independent professional or commercial activity.
3. The contract language is German. The full text of the contract is not stored offered. Before sending the order through the online – shopping cart system, the contract data can be printed using the print function of the browser or saved electronically. After receipt of the order offered by the order data, the information required by law for distance contracts and the General Terms and Conditions are sent to the customer via e-mail again.
For quotation requests, which are by phone, by fax or by e-mail sent in writing to the supplier, the customer receives all contract data sent via email as part of a binding offer, which can print or save the customer electronically.
§ 2 Contract Object
Subject of the contract is the sale of goods. The details, particularly the essential characteristics of the goods can be found in the product description and product information on the website.
§ 3 Conclusion of the contract
1. The product descriptions of the provider on the Internet are not binding and no binding offer to conclude a contract.
2. The customer may submit a binding offer to purchase (order) via the online shopping basket system.
The purchase of goods intended to be placed in the “basket”. The customer can via the appropriate button in the navigation bar to call the “shopping cart” and then make changes at any time. After calling the page “Checkout” and the input of personal data and the payment and shipping terms all order data are displayed on the order summary page concludes again.
Before submitting the order, the customer has the opportunity here to check all the details again to change, cancel (also using the “back” of the Internet browser) or buying.
By sending the order via the “Buy Now”, the customer makes a binding offer offered.
The customer will receive first an automatic email about the receipt of his order, which does not lead to the conclusion of the contract.
3. The acceptance of the offer (and therefore the contract) shall be made within 4 days by confirmation in writing (e.g., e-mail), in which the customer the execution of the order or delivery is confirmed the goods (order confirmation).
If the customer has not received a corresponding message within this time limit, he is no longer bound to his order. If necessary, services already rendered will be refunded immediately in this case.
4. the customer requests for the purchase of goods or for individual quotations outside the Online – Cart system, which are by phone, by fax or by e-mail sent in writing to the seller are not binding for the customer. The supplier shall submit to the customer for this purpose a binding offers in writing (e.g., by email) that can accept within 7 days the customer.
5. The completion of the order and submission of all necessary information in connection with the conclusion of the contract takes place partially automated email. The customer must therefore ensure that the instrument deposited by him offered e-mail address is correct, the reception of e-mails technically assured and is in particular not prevented by spam filters.
§ 4 Prices and shipping costs
1. The reasons given in the respective offer prices and shipping costs are net prices. They do not include any applicable taxes.
2. The shipping costs are not included in the purchase price enthalten. Die Returns consist of packaging costs and shipping costs. You are on the page “delivery” in the footer or in the basket of the web shop callable and are reported separately during the ordering process and shall be borne by the customer in addition, unless the shipping charge delivery is promised.
3. The customer receives an invoice and depending on the country, with or without VAT included.
§ 5 Payment
1. The conditions governing the payment methods can be found under the same button in the footer again on every page in the web shop.
2. Unless otherwise specified in the individual methods of payment, the payment claims from the completed contract immediately due for payment.
3. If a member appointed by the customer product, contrary to expectations not be available despite prompt conclusion of an adequate hedging transaction from a supplier from reasons not attributable to the customer will be informed immediately about the unavailability and refund in case of withdrawal any payments already made immediately.
§ 6 Return costs, Withdrawal
If there is a use of the statutory revocation is hereby held by contract that the customer has to bear the cost of returning the goods unless the goods delivered not ordered.
The customer has received the goods from 14 days to report taking into account the return costs, the return e-mail, fax, telephone.
§ 7 Retention, retention of title
1. A lien, the Customer only exercise if it is receivable from the same contractual relationship.
2. The goods remain until full payment of the purchase price from the vendor.
§ 8 Warranty
1. The statutory provisions.
2. The customer is asked to check the goods immediately upon delivery for completeness, obvious defects and damage and the seller and the shipper notified objections as soon as possible. As a consumer. The customer fails to comply, this has no effect on the statutory warranty claims.
3. The guarantee does not apply when an unsuitable or improper use, incorrect installation or incorrect or negligent treatment of the resulting defect.
§ 9 Liability
1. The seller shall be liable each unlimited liability for damage arising from injury to life, limb or health, in all cases of intent or gross negligence, fraudulent concealment of a defect, on the takeover of guarantee for the condition of the purchased item, at damage after Product Liability Law and in all other cases established by law.
2. If essential contractual obligations are concerned, the liability of the provider in case of slight negligence is limited to typical, foreseeable damage. Material contractual obligations are essential obligations that arise from the nature of the contract and the breach of which would jeopardize the purpose of the contract and obligations that the seller imposed by the Treaty
according to its content to achieve the purpose of the contract, which makes the proper execution of the contract at all possible may make and on which the customer may regularly rely.
3. In case of breach of minor contractual obligations, liability is excluded for slight negligence.
4. The data communication via the Internet cannot be guaranteed error free and / or available at all times in accordance with the current state of technology. The provider is liable to the extent either for the continuous uninterrupted availability of the website and still the service offered there.
§ 10 Applicable Law, Place of Performance, Jurisdiction
1. German law applies. For consumers only, this choice of law insofar as this does the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer will not be withdrawn (favorability).
2. Performance for all aspects of the business and jurisdiction with the existing provider is the seat of the provider, if the customer is not a consumer, but a merchant, legal entity under public law or public special assets. The same applies if the customer has no general jurisdiction in Germany or the EU or domicile or habitual residence at the time the action is not known. The authority also of the court to call in another legal jurisdiction remains unaffected.
3. The provisions of the UN law on sales find expressly not apply.