General Terms & Conditions
§ 1 Area of application
1. These General Terms and Conditions of Business (hereinafter called GTCB) apply for all contracts concluded via our on-line shop between us,
Ackermann Instrumente GmbH
Eisenbahnstrasse 65-67
78604 Rietheim-Weilheim
Germany
CEO: Peter Grassl
Phone: +49 (0) 7461 966 17 - 0
Fax: +49 (0) 7461 966 17 - 70
Email: sales@ackermannsurgical.com
and you as our customers.
These GTCB apply irrespective of whether you are a consumer, a businessman or a merchant.
2. All agreements concluded between yourselves and ourselves in connection with the purchase contract derive in particular from these General Terms and Conditions of Business, our written order confirmation and our notice of acceptance.
3. The version of the GTCB valid at the time of the conclusion of the contract is authoritative.
4. We do not accept any differing conditions of the customer. This applies even if we fail to object expressly to their inclusion.
§ 2 Contract conclusion
1. The presentation and promotion of articles on our web-site, particularly in the on-line shop, does not constitute a binding offer to conclude a purchase contract.
2. By sending an order via the on-line shop by clicking on the order button you are placing an order which is binding in law. You are bound by the order for the duration of two weeks after placing the order; if applicable, your right to cancel your order which exists under § 4 remains unaffected hereby.
3. We will promptly email confirmation of receipt of your order placed via our on-line shop. An email of this nature is not binding acceptance of the order unless acceptance of the order is stated in the email as well as confirmation of its receipt.
4. If delivery of the goods you ordered is not possible, for instance because the goods in question are not in stock, we will not send an acceptance. In this case no contract is concluded. We will inform you immediately of this and promptly return any consideration we already received.
§ 3 Customer information: Saving order data
We will save your order along with details about the contract which has been concluded (e.g. product type, price, etc.). However, you cannot access your previous orders via the Internet. We will send the GTCB to you. However, you can also access our GTCB at any time on our web-site. If you want to retain the product description on our shop site for your own purposes you can, for instance, take a screen-shot when you place the order or alternatively you can print out the entire page.
§ 4 Cancellation right
1. If you are a consumer (that is to say a natural person who is placing the order for a purpose which cannot be attributed to the person's employment or self-employment) you are entitled to a cancellation right in accordance with the provisions of law.
2. If you make use of your cancellation right as a consumer as set out in sub-paragraph 1 above, you must bear the normal costs of returning the goods.
3. In all other respects the rules which are set out in detail in the following information on the cancellation right apply:
Cancellation right
You have the right to cancel this contract within 14 days without giving any reasons.
The permitted period within which you may exercise the cancellation right is 14 days from the day on which you or a third party nominated by you but who is not the carrier took possession of the goods.
In order to exercise your cancellation right you must inform us (Ackermann Instrumente GmbH, Eisenbahnstrasse 65-67, 78604 Rietheim-Weilheim, Germany) by means of an unambiguous statement (e.g. a letter sent by post, a fax or an email) about your decision to cancel this contract. In order to observe the permitted period it is sufficient if you dispatch the notification of the exercise of the cancellation right before the expiry of the permitted period.
Consequences of cancellation
If you cancel this contract we must return all the payments we have received from you including delivery costs (with the exception of additional costs resulting from your choice of a delivery method different from the cheapest standard delivery we offered) without delay and not later than 14 days from the day on which the notification of your cancellation of this contract reached us. To make this repayment we will use the same payment method that you used for the original transaction unless something different was expressly agreed with you; in no case will any fees be charged because of this repayment. We may refuse to make the repayment until we have received the goods back or until you have furnished proof that you have dispatched the goods back to us, depending on which is the earliest point in time.
You must send the goods back or surrender the goods without delay and in every case not later than 14 days from the day on which you informed us about the cancellation of the contract. The deadline has been observed if you dispatch the goods before the expiry of the 14 day deadline.
You must bear the direct costs of returning the goods.
You must pay for any loss in value of the goods if this loss in value is due to any handling of the goods which was not necessary for checking the nature, properties and operating mode of the goods.
- End of the information on the cancellation right -
4. There is no cancellation right for distance selling contracts:
4.1 for the supply of goods which are not pre-manufactured and for the manufacture of which a specific selection or instruction by the consumer is definitive or which are clearly customized to the personal needs of the consumer,
4.2 for the supply of goods which can rapidly spoil or for which the use-by date is quickly exceeded,
4.3 for the supply of sealed goods which, for reasons of the protection of health or hygiene, do not lend themselves to return and if their seal was removed after delivery.
§ 5 Terms and Conditions of Delivery and reservation in respect of payment in advance
1. We are entitled to make partial deliveries in so far as this is reasonable for you.
2. In the case of orders from customers who live abroad or who have a place of business abroad or if there are reasonable indications that there is the risk of non-payment, we reserve the right not to supply until we have received the purchase price and delivery costs (reservation in respect of payment in advance). If we make use of the reservation of prepayment we will inform you without delay. In this case the delivery period commences on the payment of the purchase price and delivery costs.
§ 6 Prices and delivery costs
1. All price indications in our on-line shop are net prices excluding the Value Added Tax imposed by law; any applicable delivery costs must be added.
2. If we fulfil your order by partial deliveries in accordance with § 5.1, you only incur delivery costs for the first partial delivery. If the partial deliveries are made at your request we will invoice delivery costs for each partial delivery.
§ 7 Terms and Conditions of Payment and the right of off-setting and retention
1. The purchase price and the delivery costs must be paid not later than two weeks from our invoice.
2. You are not entitled to offset payments against our receivables unless your counter-claims have been judged to be final and absolute or are uncontested. You are also not entitled to offset payments against our receivables if you have notified defects or asserted counter-claims under the same purchase contract.
§ 8 Reservation of title
Goods we have delivered remain our property until the purchase price has been paid in full.
§ 9 Warranty claims
1. In accordance with the applicable provisions of law and in particular §§ 434 ff of the German Civil Code (BGB) we are liable for defects as to quality and defects of title of articles which have been supplied.
2. By way of derogation from § 438, Paragraph 1, Number 3 of the German Civil Code, the general period of prescription for claims arising from defects as to quality and defects of title is one year from delivery. This period of prescription also applies for contractual and non-contractual claims for compensation on the part of the purchaser which are based on a defect of the goods unless the application of the regular legal period of prescription (§§ 195 and 199 of the German Civil Code) would lead to a shorter period of prescription in the particular case. However, claims for compensation on the part of the purchaser in accordance with § 10.3 become time-barred strictly in accordance with the legal periods of prescription.
§ 10 Liability
1. In accordance with the provisions of law we are liable to you for compensation or replacement in all cases of contractual and non-contractual liability in the event of intent and gross negligence.
2. In so far as not provided otherwise in Paragraph 3, we are liable in other cases only in the event of breach of a contractual obligation, the performance of which is essential in rendering the proper execution of the contract possible and on compliance with which you, as the customer, may normally rely (what is called a "cardinal obligation"), but our liability is limited to replacement of foreseeable and typical loss or damage. In all other case our liability is excluded subject to the provision in Paragraph 3.
3. Our liability for loss or damage arising from loss of life, bodily injury or impairment of health and our liability under the German Product Liability Act (Produkthaftungsgesetz) remain unaffected by the above liability restrictions and exclusions.
§ 11 Copyrights
We hold the copyrights on all images and text published in our on-line shop. Use of the images, films and texts is not permitted without our express consent.
§ 12 Applicable law and place of jurisdiction
1. The law of the Federal Republic of Germany applies but with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and are normally resident in a different country at the time you placed your order, the application of mandatory provisions of law of this country remain unaffected by the choice of law set out in Sentence 1
2. If you are a merchant and have your registered office in Germany at the time of ordering, the sole place of jurisdiction is the seller's registered office, Tuttlingen, Germany. In all other respects the applicable provisions of law apply on the local and international competence.
§ 13 Consumer information: Non-participation in dispute settlement proceedings
We are neither prepared nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
You can reach the platform for on-line dispute settlement of the European Commission at: http://ec.europa.eu/consumers/odr/
Consumers may use the platform for the settlement of their disputes.
Our email address for consumer complaints is: sales@ackermannsurgical.com