General terms and conditions of business
1. Conclusion of contract
1.1 The contract with Artemed products GmbH – hereinafter referred to as “Seller” – is concluded when the customer first submits a binding offer at the end of the electronic ordering process by clicking on the “Buy” button. Access to this offer will then be confirmed by an automated email. The acceptance of the offer and thus the actual conclusion of the contract takes place by shipping the goods to the customer.
1.2 The customer’s offer is binding for a maximum of two weeks and can be accepted by the seller within this period.
1.3 The entire contents of the contract are stored by the seller and can be made available to the customer at any time upon request.
2. Prices and shipping costs
2.1 The prices that apply at the time of the order placed online apply. There is therefore generally no right to receive goods at previously applicable, cheaper prices.
2.2 If goods are shown as limited-time special or special offers, these only apply within the specified period. The period begins to run from the first day of the offer. If goods have been identified as special or special offers without setting a deadline, they are valid as long as they are visible to all end customers in the shop.
2.3 Statutory VAT is charged on all goods.
2.4 Shipping costs apply up to a goods value of €80.00. These will be identified during the ordering process. From a purchase value of €80.00 we deliver free shipping within Germany. For deliveries abroad, shipping costs are calculated based on expenditure.
3. Payment terms
3.1 Payment is only made in advance, cash on delivery, PayPal or VR virtual shop. In the first case, only bank transfer or payment by credit card are accepted as payment methods.
3.2 The customer is only entitled to fulfill the purchase price payment obligation by offsetting if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
4. Delivery and Fulfillment
4.1 Delivery will take place from the seller’s warehouse shortly after the conclusion of the contract, taking into account the usual processes of business operations. However, it does not take place before receipt of payment if sales against advance payment have been agreed. The exception of the unfulfilled contract remains reserved.
4.2 The seller’s obligation to perform is limited to the available stock of goods of the same type and description until the goods are handed over to the shipping or transport company. There is no obligation to procure beyond this. From the time of handover, the obligation to perform is limited to the goods specifically handed over.
5. Warranty, guarantee conditions and general liability
5.1 If there is a defect in the purchased item, the statutory provisions of Sections 434 ff. of the German Civil Code (BGB) apply (see below) unless otherwise stipulated in the following provisions. The assignment of a claim of the customer is excluded.
5.2 The seller assumes no guarantee for the stated quality and characteristics of the goods within the meaning of Section 443 of the German Civil Code (BGB). Any warranty rights granted by the manufacturer remain unaffected and are determined exclusively by the warranty declaration given to the customer with the goods.
5.3 The seller is liable in accordance with the statutory provisions of warranty law for damages resulting from an intentional or negligent breach of duty.
5.4 In addition, the seller is liable in accordance with legal regulations for other damages if these are based on the breach of an essential contractual obligation. This is the case if the breach of duty relates to an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer trusted and was entitled to rely.
5.5 Otherwise, liability is limited to intent and gross negligence.
5.6 In the cases of 5.4. and 5.5. Liability is limited to foreseeable, typically occurring damage.
5.7 The seller is not liable for damage resulting from the use of the goods sold!
6. Applicable law for orders from abroad
In principle, the application of German law and thus the jurisdiction of German courts is always deemed to have been agreed between the seller and the purchaser if, in accordance with Regulation No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I ) the law of the country in which the customer has his habitual residence would apply. This agreement applies with the restriction that the purchaser as a consumer is not deprived of the protection granted to him by the mandatory regulations of his country of habitual residence.
7. Statutory right of withdrawal
7.1. The customer has a legal right of withdrawal in accordance with the following instructions sent to him separately during the ordering process.
ALTERNATIVE DISPUTE RESOLUTION IN ACCORDANCE WITH ART. 14 (1) ODR-VO AND § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . We are prepared to take part in an out-of-court arbitration procedure.
