1. Field of application
The German Civil Code and the German Commercial Code as well as the following General Terms and Conditions Act, accordingly, exclusively apply between Berger-meditec, Jürgen Berger, Schönbornring 7, D-63263 Neu-Isenburg and the client by the closing of contracts of the purchase of goods via the route of distant selling, also regarding cross-border dealings. General Terms and Conditions on the part of the client will not be accredited. These Terms apply for all orders conducted by the client, be it via internet, e-mail, telephone or fax, as well as through delivery via one of our sales representatives.
We exclusively supply national and international circles of medical experts.
3. Conclusion of Contract
The online shop does not represent an offer on the agreement of judicial contracts of sale. The conclusion of contract is negotiated by an order of a client and the subsequent acceptance of the offer through Berger-meditec. The acceptance takes place by the dispatch of the merchandise or in the online shop via the affirmation per e-mail. Berger-meditec is authorised to decline the conclusion of an agreement with the client.
The presentations in the online shop, in the catalogues or at the client are not obliging for the conclusion of a contract.
4. Prices and Terms of Payment
All of the prices in Berger-meditec’s online shop are quoted exclusive of VAT for Germany, regarding the confirmation of the order per e-mail as well as the confirmation of dispatch, the customary VAT effective in Germany will be added.
In case of the invoice and shipping address being outside of Germany, the VAT will not be added. In case of the invoice and shipping address being in Austria, Switzerland, Netherlands and Germany, the client is to pay in advance or per surname; in Germany it is also possible to pay per direct debit. 3% discount is granted with prepayment and debit entry, at payment per surname the rates for the shipment per surname will pass to the client’s account. In other countries, the account has to be paid in advance with 3% discount, per credit card or per surname with the adequate rates.
Outstanding debts to Berger-meditec incurred by client will be charged from the 3rd day after payment date with 5% added to the base rate.
5. Reservation of Proprietary Rights
The merchandise remains the property of Berger-meditec until full payment is effected
6. Terms of Delivery and Payment
Berger-meditec is authorised to cancel a contract of sale, in case a provider of Berger-meditec does not supply the client with the ordered merchandise, contrary to his contractual obligation. Berger-meditec will inform the client directly about the non-delivery of the ordered merchandise and recompense the payments in advance without delay. The risk is transferred to the client with delivery of the goods to the provider, who is entrusted with the transport. Unless contrary instructions are agreed upon, the client must pay the forwarding expenses according to the valid schedule of prices. The forwarding expenses are quoted in the online shop. The direct collection of the merchandise at Berger-meditec is not possible. The client bears the costs for tolls, taxes, rates etc. for deliveries abroad. Likewise, the client bears the costs for special packaging or particular transactions. Berger-meditec reserves the right to partial delivery. Berger-meditec bears all additional costs.
If Berger-meditec falls behind, the client is authorised to a cancellation of the contract only after the expiration of additional respite, being set by client beforehand.
Unimplemented merchandise in original packaging can be returned at the request of the client within 2 weeks. Special designs, pharmaceuticals and reagents, as well as sterile products are excluded. The merchandise must be in good condition. The client bears the costs for the return transport.
8. Retraction at Notice of Defects
In case the merchandise bears apparent defects, the loss has to be reported within 5 workdays after receipt of the merchandise. The client has to dispose the forwarding company to countersign faulty packaging. Other defects have to be reported within 3 days after discovery. For the timely notice of defects the posting within the period agreed is sufficient. At the expiration of the time limit given, the client is not entitled to make demands against us due to these defects.
Our liability is limited to typical foreseeable-occurring property and financial damages, occurring due to a minor neglect of duty, no matter on what legal ground.
10. Limitation period of Claims of Faults
Claims for faults against us fall under the statute of limitations after 12 months
11. Supplementary Performance
If we are committed to supplementary performance due to defective products, we may remedy deficiencies of the delivered product or substitute the defective product for a product free from defects at our own choice.
12. Data Privacy Protection
The order data from our customers stored in our system only answer the purpose of business transactions. The assignmentof data to third parties does not occur. Stored data will be deleted automatically after 12 months of inactive business connection.We exclude the assignment of data to third parties in particular for commercial use.