General Terms and Conditions, and Customer Notification
(The following Terms and Conditions contain information about your legal rights pursuant to the regulations governing long-distance sales contracts and electronic commerce.)
Scope of Application
1.1 As regards the business relationship between Wodimed GmbH, Leutkircher Str. 50, D-88316 Isny im Allgäu (hereinafter ‘Seller’) and the customer (hereinafter ‘Customer’), the following General Terms and Conditions, as amended, are applicable at the time an order is placed.
1.2 You can contact our customer service department with any questions, complaints, and objections weekdays between 8:00 a.m. and 4:00 pm, at the following number: Tel.: +49 (0) 75 62 – 91 35 00, and via email to: kdservice@wodimed.de.
1.3 ‘User’ in the sense of these Terms and Conditions is any physical person transacting business for a purpose that is not predominantly attributable to their professional activity, either commercially or in an independent capacity (Section 13 of the German Civil Code).
1.4 Unless expressly ratified by the Seller, deviating terms and conditions of the Customer shall not be recognised.
2. Description of Products and Services
2.1 The presentation of products in the online shop does not represent a legally binding offer, but rather a request to submit an order for purchase Descriptions of services in the catalogue and on the Seller’s website do not have the nature of a promise or warranty.
2.2 All offers are valid ‘while supplies last’, unless otherwise specified by the product. Errors and omissions excepted.
3. Purchase Order Procedure and Contract Execution
3.1 The customer may select from the Seller’s range of products without obligation, and place them in what is called a ‘basket’ by selecting the button [Add to basket]. The customer may then conclude the purchase order process for the items in the basket by proceeding via the button ‘Proceed to checkout’.
3.2 The Customer places a binding purchase order for the items in the basket via the ‘Purchase’ button. Prior to placing the order, the Customer may review and change the data at any time. Required information is marked by an asterisk (*).
3.3 The Seller then emails the Customer an automatic confirmation of receipt, which itemises the Customer’s purchase order again, and which the Customer may print out via the ‘Print’ function (order confirmation). Automatic order confirmation is merely a documentation that the Customer’s order for purchase from the Seller has been received, and does not represent acceptance of said request. The purchase contract becomes effective only if the Seller sends or transfers the ordered product within 2 days to the Customer, or within 2 days confirms delivery to the customer via a second email, an explicit order confirmation, or sending of the invoice.
3.4 If the Seller allows payment in advance, the contract shall be executed when banking data and a request for payment are provided. If the payment, despite being due, has not been received by the Seller within 10 calendar days of the time that the order confirmation was sent, and despite a second request for payment, the Seller shall rescind the purchase contract, with the result that the order shall lapse and the Seller shall have no delivery obligation. In that case, the order shall be complete for buyer and Seller without further consequences. Articles may therefore be reserved for prepayment for a maximum of 10 calendar days.
3.5 On request, we will make you an individual offer, which will be sent to you in text form and to which we will be bound for 5 days. You accept the offer with confirmation in text form.
4. Prices and Delivery Costs
4.1 All prices indicated on the Seller’s website include any applicable statutory value-added tax
4.2 In addition to the indicated prices, the Seller will calculate shipment costs for delivery. The Seller shall clearly list the delivery costs on a separate notification page, as part of the ordering process.
4.3 Shipping is at your own risk. If you wish, the shipment will be made with appropriate transport insurance, whereby you will have to bear the costs incurred as a result.
5. Delivery, Availability of Products
5.1 If prepayment has been agreed, delivery shall be effected upon receipt of the invoiced amount.
5.2 In the event that not all of the ordered products are in stock, the Seller is entitled to make a partial delivery at their own expense, if the Customer is agreeable to this.
5.3 If the three attempts at delivery of the goods are unsuccessful due to the fault of the buyer, the Seller may rescind the contract. If applicable, any payments shall be promptly refunded to the customer.
5.4 If the product ordered is unavailable because the Seller, through no fault of their own, was not provided this product by their supplier, the Seller may rescind this contract. In such a case, the Seller shall notify the Customer immediately, and recommend sending a comparable product, if applicable. If no comparable product is available, or the Customer does not wish for a comparable product to be delivered, the Seller shall promptly refund the Customer for any services provided.
5.5 On a separate notification page or in the product description, customers shall be provided information about delivery times or restrictions (e.g. restrictions on delivering to certain countries).
5.6 Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
6. Forms of Payment
6.1 During the ordering process and prior to placing an order, the Customer may choose from available methods of payment. Customers shall be informed of available payment methods in a separate notification page.
6.2 If payment on billing is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, advance payment in full is required.
6.3 If a third-party provides payment processing, e.g. PayPal, their General Terms and Conditions shall be applicable.
6.4 If payment is due on a specific calendar day, a missed payment by the customer shall be deemed in default. In such a case, the Customer must pay statutory interest on the amount in arrears.
6.5 The Customer’s obligation to pay interest in arrears does not exclude the Seller’s assertion of other default damages.
6.6 The Customer shall only be entitled to offset their counter-claims if said counter-claims have been established by law, or recognized by the Seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Retention of Title
The goods delivered shall remain the property of the Seller until receipt of payment in full.
8. Warranty for Defects and Guarantee
8.1 The warranty period is one year from delivery of the item. The shortened deadline does not apply:
culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence; insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item; for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness; in the case of statutory rights of recourse that you have against us in connection with warranty rights.
8.2 In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance, if the shipment does not correspond to the intended use of the goods.
8.3 Goods delivered by the Seller are subject to warranty only if this has been provided for. Customers shall be notified of warranty terms and conditions before the ordering process is initiated.
9. Liability
9.1 The Seller’s liability for damages is subject to the following exclusions and limitations, without prejudice to other statutory requirements.
9.2 The Seller is liable without limitation if the damage is caused intentionally or by gross negligence.
9.3 Furthermore, the Seller is liable for any slightly negligent breach of essential obligations, the violation of which jeopardizes the attainment of the purpose of the contract, or for the breach of obligations without which the contract could not properly be executed at all, in the observation of which the Customer has placed continuous faith. In such a case, the Seller is liable only for damages that are foreseeable at the time of concluding the contract. The Seller is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
9.4 The above limitations of liability do not apply in cases of injury to life, body, and health; of a defect subsequent to assuming a guarantee for the quality of the product; and in the case of fraudulently concealed defects. Liability pursuant to the Product Liability Act remains unaffected.
9.5 Restriction or exclusion of the Seller’s liability shall also extend to the personal liability of employees, representatives and assistants.
10. Retention of the Text of the Contract
10.1 Prior to placing an order to the Seller, the Customer may print out the text of the contract by utilising the ‘print’ function of the browser in the last step of the order.
10.2 The Seller shall, additionally, send the Customer an order confirmation containing all of the data in the purchase order, to the email address provided by the latter. The Customer shall also receive, with their order confirmation, a copy of the General Terms and Conditions, their rights of cancellation, notification of delivery fees, as well as terms and conditions for delivery and payment. f they have registered in the online shop, they shall have access to their previously placed orders in their customer profile area. In addition, we will store and retain the contract text; this will not be made available on the Internet, however.
11. Data Protection
11.1 The Seller processes personal Customer data for specific purposes and in accordance with legal provisions.
11.2 Personal data provided for the purpose of ordering goods (such as name, email address, postal address, payment data) shall be used by the Seller to perform and execute the terms of the contract. These data shall be treated confidentially and not transmitted to third parties who are unconnected with the ordering-, delivery-, and payment process.
11.3 The Customer is entitled, upon request and at no charge, to be provided the personal data retained by the Seller concerning them. Additionally, the Customer has the right to correct data that are incorrect, and to block and delete their personal data, provided there is no mandatory data retention regulation to the contrary.
11.4 Please consult the Data Protection Statement for more information concerning the type, scope, location, and purpose of the collection, processing, and use of personal data required by the Seller.
12. Court of Jurisdiction, Applicable Law, Language of the Contract
12.1 Jurisdiction and the place of performance shall be the Seller’s place of business if the Customer is a merchant, a legal entity under pubic law, or a special fund under public law.
12.2 The language of the contract is English.
12.3 German law applies to the exclusion of the UN purchase law.