AGB

AP-Medical, Flurstraße 4a, 45899 Gelsenkirchen

§ 1 General

1. The following General Terms and Conditions apply to all business relationships between the customer and our company, AP-Medical. The version valid at the time of the conclusion of the contract shall be authoritative in each case.

2. Customers within the meaning of these GTC are both consumers and entrepreneurs. Consumer in the sense of the GTC is any natural person with whom a business relationship is entered into and who acts for a purpose that can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is any natural or legal person or partnership with legal capacity with whom a business relationship is entered into and who is acting in the exercise of a commercial or self-employed professional activity.

3. Deviating, conflicting or supplementary general terms and conditions are expressly excluded unless their validity is expressly agreed in writing. Verbal subsidiary agreements do not exist.

§ 2 Conclusion of Contract

1. Our offers are subject to change and non-binding, which means that in the event of non-availability there is no obligation to perform on our part. We reserve the right to make changes within the scope of what is reasonable.

2. The order constitutes a binding offer by the customer; this also applies to orders placed via means of remote communication (e.g. Internet, e-mail, telephone, fax, letter). By ordering goods, the customer makes a binding declaration that he wishes to purchase the ordered goods.

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3. The conclusion of the contract is subject to the reservation that in the event of incorrect or improper self-delivery, we will not be able to deliver or will only be able to deliver in part. If an ordered item is not available, we are entitled to release ourselves from the contractual obligation to deliver. At the same time, we undertake to inform the customer immediately of the non-availability and to reimburse any consideration received without delay.

4. Further rights and claims of the customer shall remain unaffected.

§ 3 Prices - Terms of Payment

1. The prices stated are inclusive of value added tax.

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2. Unless otherwise agreed in writing, payments shall be made by invoice. Payments shall be made to the account specified by us in the respective invoice.

3. In the event of default in payment, we reserve the right to assert legal claims.

4. We reserve the right to obtain creditworthiness information.

5. The customer shall only be entitled to set-off claims insofar as his counterclaims have been legally established, recognised by us or are undisputed. The customer's right to plead non-performance of the contract shall remain unaffected.

§4 Cost allocation agreement

1. If you make use of your right of revocation, you shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you.

§ 5 Liability for material defects

1. If the customer asserts justified claims due to any defects, then he is entitled to a claim for subsequent performance; at his choice, he can either demand free-of-charge rectification of the defect or delivery of a new item free of defects.

2. In the event that subsequent performance fails, the customer has the right to withdraw from the contract or to reduce the purchase price accordingly. Further claims, in particular claims for damages instead of performance, remain reserved, unless they are restricted below.

3. The customer must give notice of obvious defects within 14 days. If the customer fails to give notice of defects within this period, he shall not be entitled to assert any claims or rights on account of the defect in question.

§ 6 Liability

1. In the event of an intentional or grossly negligent breach of contract, we shall be liable in accordance with the statutory provisions.

2. Liability for personal injury, damage to health or physical injury shall remain unaffected. Liability under the Product Liability Act shall also remain unaffected.

3. If we culpably breach an essential contractual obligation, we shall be liable for the typically occurring, foreseeable damage.

4. Unless otherwise stipulated above, our liability shall be excluded. This shall apply irrespective of the legal nature of the claim asserted.

5. Insofar as liability is excluded or limited above, this shall also apply to the personal liability of employees, workers, staff and vicarious agents.

§ 7 Retention of title

1. We shall retain title to the goods delivered by us until the purchase price has been paid in full.

2. The customer shall be obliged to treat the goods with care. The customer is not entitled to pledge or assign the goods subject to retention of title as security. The customer shall inform us without delay of any seizure by third parties of the goods delivered under retention of title serving as security and of any change of ownership.

3. In the event of a breach of the aforementioned obligations or in the event of other conduct by the customer in breach of the contract, in particular default of payment, we shall be entitled to withdraw from the contract and to demand the return of the goods.

§ 8 Passing of risk

1. The risk of accidental loss and accidental deterioration of the goods sold shall pass - also in the case of sale by delivery to a place other than the place of performance - when the goods are handed over to the customer. The handover shall be deemed to be the same if the customer is in default of acceptance.

§ 9 Data Protection

1. We observe all data protection requirements, in particular the provisions of the Teleservices Data Protection Act. We therefore collect from the customer without his consent and on the basis of legal permission only the data that are necessary for the execution of the order and the contract. Furthermore, we only use the customer data for the purposes for which the customer has consented, if applicable. (e.g. in the sending of offers)

2. You have the right to free information, correction, blocking and deletion of your stored data at any time. Send us your request for this by post or fax.

§ 10 Protection of minors

1. An order and delivery of goods subject to legal conditions of sale will only be made to persons of legal age.

§ 11 Place of performance

1. Insofar as the customer is a registered trader within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of our commercial establishment shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

2. In the event that the customer moves his place of residence or habitual abode outside the area of application of this law after conclusion of the contract or his place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction shall be the place of our commercial establishment.