Our GTC (General Terms and Conditions)
I. General Provisions and Applicable Law
1.) Notwithstanding individual arrangements and agreements which have priority over these General Terms and Conditions of Sale, the following General Terms and Conditions exclusively shall apply to the business relationship between notfallkoffer.de and the customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby rejected.
2.) Customers of notfallkoffer.de are considered non-commercial consumers to the extent that they enter into a purchase contract for purposes which are predominantly attributable to neither commercial nor self-employed business activities. In contrast, a commercial business, or entrepreneur, is any natural or legal person or a partnership with legal capacity that conducts a legal transaction in the performance of its commercial activity or on a self-employed basis.
II. Conclusion of Contract
1.) The essential characteristics of the products are represented by the respective product descriptions published on notfallkoffer.de.
2.) All offers in the online shop of notfallkoffer.de constitute merely a non-binding invitation to the customer to submit a corresponding offer of purchase to notfallkoffer.de. As soon as notfallkoffer.de has received the customer's order, the customer shall initially be sent an acknowledgement of receipt of their order by email (acknowledgement of order). The acknowledgement of order receipt shall not constitute acceptance of the order. Upon receipt the order is reviewed promptly and the customer shall be informed by notfallkoffer.de within 2 working days whether the order has been accepted (order confirmation). The order process in the online shop functions as follows:
3.) The customer can select from the range of notfallkoffer.de products and save these in a so- called “Shopping Cart” by clicking the "Add to Cart” icon. By clicking on the "Shopping Cart" icon, the customer can get an overview of the products that have been selected. By clicking the "Buy Now" button, the customer submits a binding order to purchase the goods in the shopping cart. Before submitting the order, the customer can review and change the order, as well as any data entered, at any time using the browser functions "Back" and "Next", which are displayed as arrow keys. The order can only be submitted if the customer has accepted these terms and conditions by clicking on the "Accept GTC" icon, and has herewith included them in their order. The customer then receives an automatic confirmation of receipt by email, in which the order placed is detailed again and which the customer can print using the "Print" function. The automatic acknowledgement of receipt only confirms that we have received the order and does not confirm acceptance of your offer to buy the product(s) ordered. The contract is only concluded when official acceptance of the order has been provided by notfallkoffer.de, which is sent in a separate email.
III. Subject Matter of Contract, Product Features, Delivery, Availability of Goods
1.) The subject matter of the contract comprises the goods and services specified in the customer's order and in the order confirmation at the specified price(s) indicated in the online shop. Errors and omissions are excepted, in particular with regard to the availability of goods.
2.) The features of the goods ordered are represented by the product descriptions in the online shop. Illustrations on the internet site may, under certain circumstances, depict the products imprecisely. Due to technical limitations, colours in particular can vary significantly. Pictures are intended purely as illustrative material and may deviate from the product. Technical data, weight, dimensions and performance descriptions are provided as accurately as possible, but may exhibit minor deviations. These deviations do not constitute any defect(s) in products delivered by notfallkoffer.de.
3.) If any of the products selected by the customer are unavailable at the time of the order, notfallkoffer.de shall inform the customer in the order confirmation. If a product is permanently unavailable, notfallkoffer.de shall refrain from confirming order acceptance. In such cases no contract has been concluded.
4.) If the product specified by the customer in the purchase order is only temporarily unavailable, notfallkoffer.de shall inform the customer immediately in the order confirmation. If delivery is delayed by more than 2 weeks, the customer has the right to rescind the contract. In such cases, notfallkoffer.de also reserves the right to withdraw from the contract. Any payment already made by the customer shall be refunded immediately.
IV. Delivery, Prices, Shipping Costs
1.) The consignment shall be handed over to the shipping company no later than two days after receipt of payment; where payment is made C.O.D. (cash on delivery) no later than two days after order confirmation. Delivery may take up to 5 days. Should delivery times deviate, this shall be indicated on the respective product page.
2.) Delivery is only possible within the Federal Republic of Germany.
3.) All product prices are inclusive of statutory value-added tax. The indicated prices are retail sales prices and are subject to applicable shipping costs.
4.) If the consignment is to be delivered in packaging, we shall invoice the packaging material at our cost price. We shall accept the return of any special packaging within a reasonable period of time as long it is in a condition where it can be used again. Return of the packaging shall require prepayment of industry-standard applicable shipping costs.
Payment shall be made in advance (PayPal, bank transfer).
VI. Transport Damage
1.) If goods are delivered with obvious transport damage, the customer is requested to lodge a complaint with the delivery agent immediately and to contact notfallkoffer.de as quickly as possible.
2.) Failure to lodge a complaint or to contact the seller shall have no consequences whatsoever in terms of the customer's statutory warranty rights. Making an official complaint and contacting the seller does however assist notfallkoffer.de in asserting their own claims against the carrier and/or the transport insurance company.
VII. Retention of Title
All goods delivered to the customer remain the property of notfallkoffer.de until full payment has been made.
VIII. Liability for Defects
Conditions of Warranty
This warranty is granted in addition to the statutory warranty rights, which are not affected by this warranty. The warranty applies to all products offered by notfallkoffer.de Med. Geräte GmbH.
The warranty is valid for a period of 12 months from the time of purchase of the product; the date specified on the original purchase receipt applies. The warranty is only valid if you register the serial number of the product immediately after purchase by sending us the warranty card.
If a defect resulting from a material or processing error appears within the warranty period, we shall resolve the issue free of charge by repairing the defect or by replacing the product with a defect-free one. Please note that the replacement may be a successor model. The decision as to how the defect is to be remedied shall remain with us. Any additional costs associated with the warranty claim (e.g. transport or shipping costs) shall not be covered by notfallkoffer.de.
The warranty claim must be made during the warranty period. Please send the product to us with the original proof of purchase.
The warranty does not apply to damage caused by normal wear and tear, improper use, excessive use or violent impact, extreme temperatures, exposure to chemicals, or lack of care and maintenance. The warranty does not apply to defects in zippers.
The warranty expires if the serial number is removed or if the product is modified in any way.
Servicing under warranty does not extend or renew the warranty period.
IX. Data Retention
Data pertaining to the purchase order are stored on the in-house server of notfallkoffer.de. The customer can view the General Terms and Conditions at any time on our website, notfallkoffer.de, or in their customer account. The order data and the General Terms and Conditions are sent to the customer by email. After fulfilment of the order, the order data is no longer accessible via the Internet for security reasons.
X. Concluding Provisions
Where the customer is a merchant, a legal entity under civil law, or a special, contractual-type investment fund under public law, the place of jurisdiction for all disputes arising from the business relationship between the customer and notfallkoffer.de is Bad Iburg.
Updated November, 2019
Copyright Rechtsanwalt Jakob Metzler