General terms and conditions of business

1. Contract bases

All contracts that the customer concludes with the company Medical Instruments May via the Internet are based exclusively on these General Terms and Conditions. The customer acknowledges this with his order. The language available for the conclusion of the contract is German.

1.1

The text of the contract is saved by us for orders on our own domains. On eBay, this is not saved by us. The specific order data will be sent to you by e-mail; In addition, you can view these in our customer login area or on eBay under the respective item number up to 60 days after purchase.

2. Offer and conclusion of contract

2.1

The company offers goods on the Internet, these are always available, except for deviating information in the item description, and can only be purchased by the customer via the company's Internet offer and the associated sales systems, such as Amazon or the Internet shop. Customers can find purchasing guidelines on the relevant websites.

2.2

The orders placed by the customer via the Internet are offers to which the customer is fundamentally bound.

2.2.1 Orders via Amazon

The offers on the Amazon platform are non-binding. The contract is concluded in accordance with the legal provisions and the terms and conditions of the respective platforms. On the Amazon platform, the ordering process is initiated by clicking the Add to shopping cart button on the offer page. The goods are thereby added to the customer's virtual shopping cart. This process can be repeated for multiple items. Alternatively, after setting up this service once, he can click the Buy with 1-Click® button to place the order directly via the Amazon Internet trading platform. If the customer clicks on the Buy with 1-Click® button, the customer places a binding order with the company for the goods contained in the shopping cart.

With the option Add to shopping cart or Go to shopping cart, the customer is forwarded to a page by clicking on the yellow button "Proceed to checkout" where, if he is not yet registered as a customer, he has the opportunity to enter his e-mail address . Then the customer can click on the Next button (via the security server). The customer can now specify the address to which the goods should be sent (shipping address) and determine whether the billing address should be the same as the shipping address. The customer can then click the Next button. The customer is then given the opportunity to check the shipping address again. If the data is correct, the customer can click the Send to this address button or he can change the data entered by clicking the Back to address book button. The customer can then select the desired shipping method and confirm with the Next button. The customer can then select the desired payment method and, if necessary, enter data required for the respective payment method. Furthermore, the customer must determine a password, which is used to access his customer account on Amazon the next time he visits Amazon with his e-mail address and the selected password. The customer can then click the Next button. The customer receives an overview of his order on a separate page, which can be edited by the customer using the appropriate buttons (e.g. change, change quantity or delete). 25If the customer clicks on the Place order button, the customer places a binding order with the company for the goods contained in the shopping cart.

The customer then receives a confirmation e-mail, which can also come from Amazon Services Europe Sarl, 5, Rue Plaetis, L-2338 Luxembourg, that the company has received his order and will continue to check it.

2. Prices and shipping terms

2.1

The prices shown on the website at the time the order was placed shall apply.

2.2

All prices are in EURO and include the statutory VAT.

2.3

Packaging and shipping costs, which are generally borne by the customer, are added to the prices.

2.4

The goods are generally dispatched against prepayment, by means of an advance transfer to the company account communicated to the customer in good time, unless otherwise agreed. At the request of the customer, an appointment to collect the goods against cash payment can also be arranged.

2.5

The goods will be shipped immediately after receipt of the full purchase price plus any delivery and shipping costs at the company.

2.6

The customer assures that he has deposited the correct and complete delivery address with Amazon. If there are additional costs for shipping due to culpably incorrect address data - such as additional shipping costs or costs for returned direct debits - the customer must reimburse these.

2.7

If the customer does not purchase several items within a single order process in a close temporal relationship, there is the possibility of uniform shipping if the customer so desires; however, there is no right to have such a shipment carried out.

2.8

In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred when the goods are handed over to them or to a person authorized to receive them, or in the case of mail-order sales when the goods are delivered to a suitable transport person. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods - also in the case of mail-order sales - passes to the customer when the purchased item is handed over. The handover is the same if the customer is in default of acceptance.

2.9
If delivered items have obvious material or manufacturing defects, including transport damage, please report such defects immediately to us or to the employee of the transport service provider who delivers the items. However, failure to report this has no consequences for your legal claims.

3. Retention of Title

The company retains ownership of all goods delivered by it to a customer until final and full payment for the goods delivered. Insofar as the company exchanges goods within the scope of the warranty, it is already agreed today that ownership of the goods to be exchanged is transferred from the customer to the company and vice versa at the point in time at which the company receives the goods back from the customer or the customer receives the replacement delivery from the company.

4. Warranty

4.1
Entrepreneurs must notify the company of obvious defects in the goods in writing or in text form within 2 (two) weeks of receipt of the goods, otherwise the assertion of warranty rights is excluded. The timely dispatch of the notification of defects is sufficient to meet the deadline. In the case of entrepreneurs, the company initially provides a warranty for defects in the goods, at its own discretion, by rectification or replacement.

4.2

The limitation period for the rights of a consumer in the case of defects in a new item is 2 (two) years, in a used item 1 (one) year, for the rights of an entrepreneur 1 (one) year - in each case from the delivery of the goods to the customer. The shorter one-year warranty period only applies if the seller cannot be accused of gross negligence and not in the event of bodily injury or damage to health attributable to the seller or loss of life of the customer. The seller's liability under the Product Liability Act remains unaffected.

4.3
The company provides information on the function and use of new and used goods or other technical information to the best of its knowledge and based on existing experience.

5. Liability

According to the statutory provisions, the company is liable for intent and gross negligence as well as for breaches of essential contractual obligations, which result from the present purchase contract from § 433 paragraph 1 BGB. (cardinal obligation). The company is liable, limited to compensation for the typical contractual damage that was foreseeable at the time the contract was concluded, for such damage that is based on a slightly negligent breach of cardinal obligations by it or one of its legal representatives or vicarious agents. The company is not liable for slightly negligent breaches of secondary obligations that are not cardinal obligations. Liability for damages that fall within the scope of a guarantee or assurance given by the company, as well as liability for claims based on the Product Liability Act and damages resulting from injury to life, limb or health remain unaffected.

6. Miscellaneous

6.1
The company will observe all data protection requirements, in particular the specifications of the Telemedia Act.

6.2
Otherwise, the statutory provisions apply.

6.3
If individual provisions of the purchase contract or these General Terms and Conditions are ineffective, the remaining provisions shall remain effective. German law applies to cross-border deliveries.

The EU Commission has set up an internet platform for the online settlement of disputes ("OS platform") between entrepreneurs and consumers. The OS platform can be reached at https://ec.europa.eu/consumers/odr/.

Battery Disposal Notes:

In connection with the sale of batteries or the delivery of devices that contain batteries, we are obliged to draw your attention to the following:
As an end user, you are legally obliged to return used batteries. You can return old batteries that we have or have had in our range as new batteries to our shipping warehouse (shipping address) free of charge. The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out wheeled bin means that the battery must not be disposed of with household waste.
Pb = battery contains more than 0.004% lead by mass
Cd = battery contains more than 0.002 percent by mass of cadmium
Hg = battery contains more than 0.0005 percent by mass of mercury.