General terms and conditions and client information
table of contents
2. The conclusion of the contract
3. Right of revocation
4. Prices and payment conditions
5. Delivery and shipping conditions
6. Retention of title
7. Liability For Defects (Warranty)
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable Law
12. The place of jurisdiction
13. Alternative dispute resolution
1) scope of application
1.1 These General terms and conditions (hereinafter "terms and conditions") of the Novilab Med GmbH (hereinafter "seller"), apply to all contracts for the supply of Goods, a consumer or an entrepreneur (hereinafter "customer") with the seller regarding the seller in its Online store displayed Goods complete. This is the inclusion of the customer's own terms is contradicted, unless it is otherwise agreed.
1.2 For contracts on the delivery of vouchers shall apply to these General terms and conditions shall, insofar as not expressly stipulated otherwise.
1.3 consumers in the sense of these GTC is every natural Person who concludes a legal transaction for purposes which predominantly neither commercial nor their independent vocational activity may be attributed. Entrepreneurs in the sense of these GTC is a natural or legal Person or a legal partnership, in concluding a legal transaction in the exercise of their commercial or independent professional activity.
2) the conclusion of the contract
2.1 The Online Shop of the seller contained in the product descriptions do not constitute binding offers by the seller but intended to submit a binding offer by the customer.
2.2 the customer can submit The offer via the Online-Shop of the seller integrated Online order form. It is the customer after he has selected Goods in the virtual basket and passed through the ordering process by Clicking the the ordering process the final button, a legally binding contract offer in relation to the basket of Goods.
2.3 The seller can the customer's offer within five days of accepting,
by the customer a written order confirmation or an order confirmation in text form (Fax or E-Mail) is sent, whereby the time of receipt of the order confirmation by the customer is decisive, or
- by the customer the ordered goods, supplier, whereby the time of receipt of the goods by the customer is decisive, or
- by the customer after delivery of the order to the payment prompts.
Several of the above Alternatives, the contract is concluded at the point in time at which one of the above Alternatives occurs first. The deadline for accepting the offer begins on the day after the despatch of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. The seller does not accept the customer's offer within the aforementioned period, this shall be deemed as rejecting the offer with the result that the customer is no longer bound by his Declaration of intention.
2.5 In case of submitting an offer via the Online order form of the seller, the contract text is stored after the conclusion of the contract by the seller and the customer after dispatch of the order in text form (e.g. E-Mail, Fax or letter) sent to. Beyond making available the text of the contract by the seller is not. If the customer has established, prior to submitting his order, a user account in the Online Shop of the seller, we will archive the order data to the vendor's Website and can be accessed by the customer via his password-protected user account by entering the respective Login information.
2.6 Before submitting the order via the Online order form of the seller, the customer can read the possible input errors through the on-screen information presented recognize. An effective technical means of improving the detection of input errors may be the zoom function of the browser, with the help of the representation on the screen is magnified. The data entries can be corrected by the customer in the framework of the electronic ordering process, as long as the usual keyboard and mouse functions, up clicking the the ordering process the final Button.
2.7 For the conclusion of the contract the German language is exclusively available.
2.8 The order processing and contact can usually via E-Mail and automated order processing. The customer has to ensure that his or her designated for order processing E-Mail address is correct so that at this address from the seller sent E-Mails can be received. In particular, the customer has the use of SPAM, that can all be delivered by the seller or responsible for order processing third party E-Mails.
3) the right of withdrawal
3.1 consumers, in principle, to a right of withdrawal.
3.2 Further information regarding the right of withdrawal resulting from the revocation of the seller.
3.3 The right of withdrawal does not apply to consumers, any member state of the European Union at the time of conclusion of the contract and whose sole residency and delivery address at the time of conclusion of the contract outside of the European Union.
4) prices and payment conditions
4.1 Unless otherwise stated in the product description of the seller otherwise, is at the stated prices are total prices, the statutory VAT is included. If necessary, additional delivery and dispatch costs are specified separately in the product description.
4.2 For deliveries to countries outside the European Union may incur additional costs, which are not the responsibility of the seller and which are to be borne by the customer. This includes the costs for money transfer by credit institutes (e.g. transfer fees, exchange fees) or legal import duties or taxes (e.g. customs duties) include, for example,. Such costs may also be incurred in terms of cash-on-delivery even if the delivery takes place in a country outside of the European Union, the customer makes the payment from a country outside of the European Union.
4.3 The payment ability/will be/will be communicated to the customer in the Online Shop of the seller.
4.4 if agreed in advance by Bank transfer, is the payment immediately after conclusion of the contract due and payable, unless the parties have agreed on a later due date.
4.6 If you select payment method "IMMEDIATE" payment processing via the payment service provider IMMEDIATELY GmbH, Theresienhöhe 12, 80339 München (in Following "IMMEDIATELY"). To be able to the amount of the invoice on "IMMEDIATELY" to pay, customer must have purchased a participation in "IMMEDIATELY" activated Online Banking account, the payment transaction according to legitimise the payment instruction to "IMMEDIATELY" to confirm. The payment transaction is performed immediately thereafter "IMMEDIATELY" and the Bank account of the customer debited. For more information on the method of payment "IMMEDIATELY", the client can access the Internet at https://www.klarna.com/sofort/.
4.7 In the case of selection of a payment service "Shopify Payments" method of payment offered by the payment processing via the payment service provider Shopify International Limited, Victoria Buildings, 2. Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (in the Following: "Shopify"). The individual on Shopify payment methods offered will be communicated to the customer in the Online Shop of the seller. For the settlement of payments can use Shopify to other payment services, for any special payment conditions shall apply to the customer, if applicable, will be indicated separately. For more information on "Shopify Payments" are on the Internet at https://www.shopify.de/payments available.
If you select a payment method offered via the payment service "Klarna", the payment processing will take place via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More detailed information and the conditions of Klarna can be found in the seller's payment information, which can be viewed at the following internet address:
5) Terms of delivery and shipping
5.1 The delivery of goods shall be effected on the shipping route to the delivery address indicated by the customer, unless otherwise agreed.
5.2 The customer shall bear the reasonable costs incurred by the customer for the delivery of the goods for reasons which the customer has to represent. This shall not apply with regard to the costs of the dispatch if the customer exercises his right of withdrawal effectively. If the customer is exercising the right of revocation in an effective way, the provision made for this purpose shall apply in the case of the customer's right of revocation.
5.3 If the customer is an entrepre, the risk of accidental loss and accidental deterioration of the goods sold shall be transferred to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated for the execution of the dispatch. If the customer acts as a consumer, the risk of accidental loss and the accidental deterioration of the goods sold shall in principle not be transferred to the customer or a person entitled to receive the goods until the goods have been handed over. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold shall, in the case of consumers, be transferred to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated for the execution of the dispatch, if the customer orders the forwarding agent, the carrier or the person or institution otherwise designated for the execution of the dispatch with the execution and the seller is responsible for the customer This person or institution has not previously named it.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply. This applies only in the event that the non-delivery is not to be represented by the seller and that the seller has completed a concrete covering business with the supplier with the due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or the only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
5.5 Self-recovery is not possible for logistical reasons.
5.6 vouchers will be left to the customer as follows:
6) Retention of title
6.1 In relation to consumers, the Seller reserves the right to ownership of the delivered goods until payment of the due purchase price is complete.
6.2 In relation to entrepreneurs, the Seller reserves the ownership of the delivered goods until all claims arising from an ongoing business relationship have been fully settled.
6.3 If the customer is an entrepreer, he shall be entitled to resale the reserved goods in the proper business operation. All claims against third parties arising therefrom shall be paid by the customer in advance to the seller in the amount of the respective invoice value (including VAT). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer shall remain authorized to collect the receivings even after the assignment. The seller's power to collect the claims himself remains unaffected by this. However, the seller will not be able to withdraw the claims, as long as the customer is in receipt of his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
7) Liability for defects (warranty)
If the purchased goods are defective, the regulations of the statutory defect liability apply. By way of derogation:
7.1 If the customer is an entrepreer,
-the seller has the choice of the type of supplementary performance;
-in the case of new goods, the limitation period for defects shall be one year after the transfer of risk;
-in the case of used goods, the rights and claims on account of defects are excluded in principle;
-the limitation period shall not begin again if a replacement delivery is made in the context of the liability for defects.
7.2 If the customer acts as a consumer, the following figure shall apply in the case of used goods: claims for defects shall be excluded if the defect occurs only after the end of a year from the delivery of the goods. Defects that occur within one year from the delivery of the goods can be asserted within the statutory period of limitation.
7.3 The limitations of liability and the reduction of time limits laid down in the above paragraphs shall not apply
-for things which have been used in accordance with their usual uses for a building and which have caused its mangeliousness,
-the customer's claims for damages and repayment claims, as well as
-in the event that the seller has fraudulently concealed the defect.
7.4 In addition, it is valid for entrepreneurs that the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.
7.5 If the customer is a businessman i.S.d. § 1 of the German Commercial Code (HGB), the commercial investigation and reprimand shall meet him in accordance with Section 377 of the German Commercial Code (HGB). If the customer does not agree to the notification requirements, the goods shall be deemed to have been approved.
7.6 If the customer is a consumer, he/she shall be asked to record the goods delivered with obvious transport damage to the customer and to inform the seller accordingly. If the customer does not meet this, this has no effect whatsoever on his statutory or contractual claims for defects.
The seller shall be liable to the customer from all contractual, contract-like and statutory, also delictal claims for damages and reindeer replacement as follows:
8.1 The Seller shall be fully liable for any legal reason.
-in the event of intent or gross negligence,
-in cases of intentional or negligent injury to life, body or health,
-on the basis of a guarantee guarantee, unless otherwise specified in this respect,
-on the basis of mandatory liability, such as the product liability law.
8.2 If the seller negligently violates an essential contractual obligation, the liability shall be limited to the foreseeable damage typical of the contract, unless it is unrestricted in accordance with the above paragraph. Essential contractual obligations are obligations which the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which allows the proper implementation of the contract in the first place and on whose compliance the customer may regularly trust.
8.3 In addition, a liability of the Seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his or her vicarious agents and legal representatives.
9) Redemption of action vouchers
9.1 Vouchers which are issued free of charge by the Seller in the context of promotions with a certain period of validity and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the online shop of the seller and only within the specified period.
9.2 Individual products may be excluded from the voucher action, provided that a corresponding restriction arises from the content of the promotional voucher.
9.3 Action vouchers can only be redeemed before completion of the ordering process. A subsequent settlement is not possible.
9.4 In the case of an order, several action vouchers can also be redeemed.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance shall not be reimbursed by the seller.
9.6 The value of the promotional voucher for the purpose of covering the order is not sufficient. In order to settle the difference, one of the other payment methods offered by the seller can be chosen.
9.7 The balance of a promotional voucher shall not be disbursed in cash or interest.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid in whole or in part with the promotional voucher within the framework of his legal right of revocation.
9.9 The action voucher is intended for use only by the person named on it. A transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to examine the material eligibility of the respective voucher holder.
10) Redemption of gift vouchers
10.1 vouchers which can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, provided that the voucher does not give any other information.
10.2 Gift Vouchers and Remaining Gift Vouchers are redeemable until the end of the third year after the year of the voucher purchase. Any remaining credit will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before completion of the ordering process. A subsequent settlement is not possible.
10.4 In the case of an order, several gift vouchers can also be redeemed.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
10.6 The value of the gift voucher for the purpose of covering the order is not sufficient. In order to settle the difference, one of the other payment methods offered by the seller can be chosen.
10.7 The credit of a Gift Certificate shall not be disbursed in cash or interest.
10.8 The gift certificate is intended for use only by the person named on it. A transfer of the gift certificate to third parties is excluded. The Seller is entitled, but not obliged, to examine the material eligibility of the respective voucher holder.
11) Applicable law
11.1 The law of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding the laws relating to the international purchase of movable goods. In the case of consumers, this choice of law shall apply only in so far as the protection granted is not withdrawn by mandatory provisions of the law of the State in which the consumer has his habitual residence.
11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law shall not apply to consumers who, at the time of the conclusion of the contract, are not members of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
12) Place of jurisdiction
If the customer acts as a merchant, a legal person under public law or a special fund under public law established in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract of professional or commercial activity of the customer can be attributed. In the above cases, however, the Seller shall be entitled in any event to appeal to the Court of First Instance at the Customer's seat.
13) Alternative Dispute Resolution
13.1 The EU Commission is providing a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising out of online purchase or service contracts, in which a consumer is involved.
13.2 The seller is neither obliged nor willing to take part in a dispute settlement procedure before a consumer arbitration body.