1 Scope and definition of terms
1.1 The following general terms and conditions in the version valid at the time the order is placed shall apply exclusively for all legal transactions between Saalmann medical GmbH & Co. KG, located at Suedbahnstrasse 34, 32547 Bad Oeynhausen, Germany (hereinafter referred to as "Saalmann" and "we"), and its customers (hereinafter referred to as "customer" and "you") for online orders generated from our website www.saalmann-medical-shop.com, provided no written agreements to the contrary were made between the parties.
1.2 Our customers' general terms and conditions shall not be recognized by us, even if we did not explicitly reject these or if we provided or accepted deliveries or services without any explicit objection. Even if we make reference to a letter which contains conditions of a customer or third party or makes mention of such, this does not suggest any agreement to the validity of such terms and conditions. By submitting your order, you acknowledge our conditions to be binding and applicable for and against you.
1.3 These general terms and conditions are not applicable for any Saalmann products sold on other online market places.
1.4 Hereafter, we differentiate between end-user and corporate client. According to section 13 of the German Civil Code (BGB), an end-user (consumer) is every natural person entering a legal transaction for purposes which can neither be attributed to any commercial nor self-employed professional activity.
2 Entering into the contract
2.1 The representation of the merchandise on Saalmann's website does not constitute a binding offer for conclusion of a sales contract. The customer is merely given the opportunity to place an order based on the information represented; he or she must be of legal age to do so. There is no entitlement to gain access to our ordering system. You are obliged to make complete and truthful statements when placing your order.
2.2 Placing an online order is a four step process. In the first step you select the desired merchandise. In the second step you enter your data including bill-to address and alternative ship-to address, if applicable. In the third step you select the method of payment. In the last step you have the opportunity to review once more the data entered (e.g. name, address, method of payment, items ordered) and to correct, if necessary, before you transmit your order by clicking the 'pay for your order' button.
2.3 By transmitting the order on our website, the customer makes a binding offer for conclusion of a sales contract regarding merchandise and quantities indicated. By sending the order, the customer also recognises these terms and conditions as solely relevant for the legal relationship with Saalmann.
2.4 The customer's order data is stored and Saalmann confirms receipt of the order by a confirming email which contains the order details required for the implementation of the contract. This order confirmation does not yet constitute acceptance of the contract by Saalmann. It simply informs the customer that the order has been received by the supplier. The contract is brought about by receipt of our invoice and – if prepayment (advance payment) was specified - by receipt of the funds, should the money arrive before the invoice does.
3 Cancellation right, return shipping charges
Every end-user ordering through our website has the right to cancel the contract.
This cancellation right does explicitly not apply to corporate clients.
With regard to requirements and legal consequences of the cancellation right, we refer to our cancellation policy.
In the event that such a cancellation right, according to the provisions of the Distance Selling Regulations is exercised, you are responsible for the shipping charges to return the merchandise to us.
4 Prices and shipping cost
4.1 All prices are final, the statutory value added tax of Germany is included.
4.2 The incidental shipping cost are depending on the region and the weight of the goods (shipping costs). The shipping costs will be listed separately on the invoice.
4.3 Other costs and charges payable by cross-border movement of goods (e.g. customs duty) may be charged to the customer and are not listed on the invoice.
5 Terms of payment
5.1 The optional terms of payment are: prepayment/bank transfer, payment upon receipt of invoice, PayPal or credit card. Saalmann reserves the right to refuse granting the term payment on receipt of invoice in special cases or for specific countries.
5.2 Prepayment implies that the full purchase price including delivery and shipping cost is remitted immediately after receipt of our payment request to the account specified by us.
5.3 The customer is subject to the obligation to pay the full amount within 14 days from receipt of invoice, without any discount deduction.
5.4 With dispatch of the goods, the invoice is sent per email or per mail to the ship-to address indicated by the customer.
6 Terms of delivery
6.1 We deliver the merchandise pursuant to the agreements made with you. The merchandise will be shipped no later than 30 days after conclusion of the contract.
6.2 We only deliver within Germany, the European Community and some particular countries worldwide. An order from countries, which are not listed in the ordering contact field, is not possible by this website. Should you wish to do so, please get in touch. You will find our contact details in the imprint.
6.3 If we do not provide delivery of the merchandise or do not provide it as stipulated in the contract, you must set an extended deadline for us to provide the service. Otherwise you are not entitled to withdraw from the contract.
7 Retention of title
The delivered merchandise will remain property of Saalmann until full payment has been received. If you are in default with your payment for more than 10 days, we are entitled to rescind the contract and claim back the goods delivered by us.
8.1 If the delivered merchandise is defective, legal provisions authorise you to demand supplementary performance, withdraw from the contract, or abate the purchase price.
8.2 The statute of limitations for customers' warranty claims is limited to 2 years from the receipt of merchandise.
9 Limitation of liability
9.1 We are liable for malice and gross negligence and furthermore for the negligent breach of duty, which are necessary elements of the contract, the contents of which the contractual partners may trust to be carried out, the breach of which only endangers the purpose of the contract and the compliance with which you as customer are generally able to rely on. In the latter case our liability is limited to the foreseeable damage typical of the contract concerned. We are not not liable for a slightly negligent breach of obligations other than those mentioned in the preceding text.
9.2 The above limitations of liability are not applicable for breach of life, body, and health. Liability according to German Product Liability Law (ProdHaftG - Produkthaftungsgesetz) also remains unaffected.
9.3 At the present state of the art, data communication via Internet cannot be guaranteed to be error-free and/or available at all times. We are, therefore, neither liable for the continuous and uninterrupted availability of our online ordering system nor for technical and electronical errors beyond our control occurring during an order transaction. We particularly do not accept responsibility for the delayed processing or acceptance of offers.
10 Privacy Protection
11 Choice of law and place of jurisdiction
11.1 The contractual relationship between provider and customers is subject to the law of the Federal Republic of Germany. The uniform UN Sale of Goods legislation (CISG) shall be expressly excluded. Mandatory provisions of the state of your ordinary residence remain unaffected.
11.2 If at the time of signing the contract your place of residence or usual abode was in Germany and at the time a suit is filed, you either moved or your place of residence or usual abode is not known, the place of jurisdiction for all disputes is the seat of our company in Bad Oeynhausen, Germany. If your place of residence or usual abode is not in any member state of the European Union, any legal disputes arising from this contract shall be governed exclusively by the courts in our place of business.
Information for contracts in electronic commerce
1 German shall be the exclusive language for the conclusion of a contract. We only deliver within Germany, the European Community and some particular countries worldwide. An order from countries, which are not listed in the ordering contact field, is not possible by this website. Should you wish to do so, please get in touch. You will find our contact details in the imprint.
2 Please refer to the essential features of our merchandise as well as the periods of validity of limited offers detailed in the individual product specifications within the scope of our Internet offer.
3 The presentation of our merchandise does not constitute a binding offer on our part. A binding offer comes into effect only by you ordering goods. Following the receipt of your offer we email you an order confirmation containing the provisions required for proper contract performance. Should the order confirmation get lost, please feel free to request a copy. Moreover, the contract file is stored in a way inaccessible for you via Internet. The contract takes effect with receipt of our invoice, any transaction via PayPal or credit cards and, if prepayment terms (advance payment) are applicable, upon receipt of the money - whichever occurs first.
4 You can spot possible input errors that might have occurred when placing your order. These can be corrected any time by using the BACK function at final confirmation prior to sending the order.
5 If the merchandise you have ordered is not available, we reserve the right not to perform this service. We will inform you about any lack of availability.
6 The prices quoted are final prices, including taxes and shipping cost which are indicated separately. Other costs and charges payable by cross-border movement of goods (e.g. customs duty) may be charged to the customer and are not listed on the invoice.
7 You have the choice to pay on invoice, per advance payment, per Paypal or per credit card. If advance payment was agreed, the purchase price shall become immediately due and payable upon placing the order, if invoice was agreed, the due date is two weeks after receipt of invoice.
8 You as consumer, a natural person entering a legal transaction for purposes which can primarily neither be attributed to any commercial nor self-employed professional activity, have a right of revocation pursuant to the provisions of the distance selling regulations. Independently, you are entitled to a claim for warranty, should the merchandise prove to be defective. Should a warrantable defect be identified, you are entitled to request supplementary performance within the framework of legal requirements, withdraw from the contract or reduce the purchase price.
9 The data required to process the contract between you and our organization is stored and processed by us. You may access this data at any time. We refer to our data protection notice.
Information on Online Dispute Resolution
The EU provides a special online site for the out-of-court settlement of disputes originated by online business. Customer can only use it if he/she lives in the EU and trader is based in the EU.