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AP-Medical, Flurstraße 4a, 45899 Gelsenkirchen§ 1 General1. 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 Contract1. 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 Payment1. The prices stated are inclusive of value added tax.
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 agreement1. 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 defects1. 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 Liability1. 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 title1. 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 risk1. 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 Protection1. 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 minors1. An order and delivery of goods subject to legal conditions of sale will only be made to persons of legal age.§ 11 Place of performance1. 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.
Wider WiderrufsbelehrungRight of withdrawalYou have the right to withdraw from this contract within fourteen days without giving any reason.The withdrawal period is fourteen days from the day - on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. - if you have ordered one or more goods in the context of a uniform order and these are delivered uniformly;- on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or has taken possession of the last goods, if you have ordered several goods in the context of a uniform order and these are delivered uniformly. - where you or a third party named by you, who is not the carrier, have taken possession of the last part of the consignment or the last item or, if you have ordered one item, where you have taken possession of the last part of the consignment or the last item, where you have ordered one item, where you have taken possession of the last part of the consignment or the last item, where you have taken possession of the last part of the consignment or the last item. if you have ordered goods that are delivered in several partial consignments or pieces;In order to exercise your right of withdrawal, you must send us (Andrea Plag, Medizinischer Fachhandel, Flurstraße 4a, 45899 Gelsenkirchen, Tel: 0209/93323-46, Fax: 0209/93323-47, E-Mail: kontakt@ap-medical.info) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of cancellationIf you cancel this contract, we will reimburse you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.You shall bear the direct costs of returning goods that can be sent by parcel post as well as the direct costs of returning goods that cannot be sent by parcel post. The costs for goods that cannot be sent by parcel post are estimated at a maximum of around EUR.You only have to pay for any loss in value of the goods if this loss in value is due to handling the goods that is not necessary for checking the quality, characteristics and functioning of the goods.Exclusion or expiry reasonsYou have to pay for any loss in value of the goods if this loss in value is due to handling the goods that is not necessary for checking the quality, characteristics and functioning of the goods. The right of withdrawal does not apply to contracts- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;- for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly; - for the supply of alcoholic beverages the price of which was agreed at the time of conclusion of the contract but which cannot be supplied until at least 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;- for the supply of newspapers, periodicals or magazines with the exception of subscription contracts. The right of withdrawal expires prematurely in the case of contracts- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Sample cancellation form(If you wish to cancel the contract, please complete and return this form. )- To the company Andrea Plag, Medizinischer Fachhandel, Flurstraße 4a, 45899 Gelsenkirchen: - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)-. Ordered on (*)/received on (*)- Name of consumer(s)- Address of consumer(s)- Signature of consumer(s) (only in case of paper communication)- Date(*) Delete where inapplicable.
Unless otherwise stated below, the provision of your personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it will have no consequences. This only applies insofar as no indication to the contrary is made in the subsequent processing operations."Personal data" means any information relating to an identified or identifiable natural person.Server log filesYou can visit our websites without providing any personal information. Every time you access our website, usage data is transmitted by your internet browser and stored in log data (server log files). This stored data includes, for example, the name of the page accessed, the date and time of access, the volume of data transferred and the requesting provider. This data is used exclusively to ensure the trouble-free operation of our website and to improve our services. It is not possible to assign this data to a specific person.Collection and processing when using the contact form When using the contact form, we collect your personal data (name, e-mail address, message text) only to the extent provided by you. The data processing serves the purpose of contacting you. By sending your message, you consent to the processing of the transmitted data. The processing is carried out on the basis of Art. 6 (1) lit. a DSGVO with your consent.You can revoke your consent at any time by notifying us without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. We will only use your e-mail address to process your request. Your data will then be deleted unless you have consented to further processing and use.Customer accountWhen opening a customer account, we collect your personal data to the extent specified there. The data processing serves the purpose of improving your shopping experience and simplifying order processing. The processing is based on Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. Your customer account will then be deleted.
Use of e-mail address for sending direct advertising We use your e-mail address, which we have received in the context of the sale of a good or service, for the electronic sending of advertising for our own goods or services that are similar to those you have already purchased from us, unless you have objected to this use. The provision of the e-mail address is necessary for the conclusion of the contract. Failure to provide it will result in no contract being concluded. The processing is based on Art. 6 (1) lit. f DSGVO from the legitimate interest in direct advertising. You can object to this use of your e-mail address at any time by notifying us. The contact details for exercising the objection can be found in the imprint.You can also use the link provided for this purpose in the advertising e-mail. This does not incur any costs other than the transmission costs according to the basic rates.Transmission of the e-mail address to shipping companies for information about the shipping statusWe pass on your e-mail address to the shipping company as part of the contract processing, provided that you have expressly agreed to this in the ordering process. The purpose of this transfer is to inform you about the shipping status by e-mail. The processing is based on Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us or the transport company without affecting the lawfulness of the processing carried out on the basis of the consent until the revocation.Cookies Our website uses cookies. Cookies are small text files that are stored in the internet browser or by the internet browser on a user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. We use cookies for the purpose of making our website more user-friendly, effective and secure. Furthermore, cookies enable our systems to recognise your browser even after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is also recognised after a page change.We also use cookies on our website for the purpose of enabling an analysis of the surfing behaviour of our page visitors.The processing is carried out on the basis of § 15 (3) TMG and Art. 6 (1) lit. f DSGVO from the legitimate interest in the above-mentioned purposes.The data collected from you in this way is pseudonymised by technical precautions. An assignment of the data to your person is therefore no longer possible. The data will not be stored together with other personal data of yours.You have the right to object at any time to this processing of personal data relating to you based on Art. 6 (1) f DSGVO for reasons arising from your particular situation.Cookies are stored on your computer. Therefore, you have full control over the use of cookies. By selecting the appropriate technical settings in your internet browser, you can prevent cookies from being stored and the data they contain from being transmitted. Cookies that have already been stored can be deleted at any time. However, we would like to point out that if you do so, you may not be able to use all the functions of this website to their full extent.Under the following links, you can find out how to manage (including deactivate) cookies in the most important browsers:Chrome Browser: https://support.google.com/accounts/answer/61416?hl=deInternet Explorer: https://support. microsoft.com/en/help/17442/windows-internet-explorer-delete-manage-cookiesMozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnenSafari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/macUse of Google Analytics We use the web analytics service Google Analytics of Google Inc. on our website. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). The data processing serves the purpose of analysing this website and its visitors. To this end, Google will use the information obtained on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google.Google Analytics uses cookies that enable an analysis of your use of the website. The information generated by the cookies about your use of this website is usually transmitted to a Google server in the USA and stored there. IP anonymisation is activated on this website. This means that your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Your data may be transferred to the USA. An adequacy decision of the European Commission is available for data transfers to the USA. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO from the legitimate interest in the demand-oriented and targeted design of the website. You have the right to object at any time to this processing of your personal data based on Art. 6 (1) f DSGVO for reasons that arise from your particular situation.To do this, you can prevent the storage of cookies by selecting the appropriate technical settings in your browser software; however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent. Furthermore, you can prevent the collection of data generated by the cookie and related to your use of the website (incl. your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link [https://tools.google.com/dlpage/gaoptout?hl=de]. To prevent the collection by Google Analytics across devices, you can set an opt-out cookie. Opt-out cookies prevent the future collection of your data when visiting this website. You must opt-out on all systems and devices used for this to be fully effective. If you click here, the opt-out cookie will be set: Disable Google Analytics. For more information on terms of use and privacy, please visit https://www.google.com/analytics/terms/de.html or https://www. google.de/intl/en/policies/.Duration of storageOn completion of the contract, the data will initially be stored for the duration of the warranty period, thereafter taking into account statutory, in particular tax and commercial law retention periods, and then deleted after expiry of the period, unless you have consented to further processing and use. Rights of the data subjectYou are entitled to the following rights according to Art. 15 to 20 DSGVO if the legal requirements are met: right to information, right to rectification, right to erasure, right to restriction of processing, right to data portability.In addition, according to Art. 21 (1) DSGVO, you have the right to object to processing based on Art. 6 (1) f DSGVO and to processing for the purpose of direct marketing.Contact us if you wish. You will find the contact details in our imprint.You can reach our data protection officer directly at: datenschutz(at)medicalproducts.deRight of complaint to the supervisory authorityIn accordance with Art. 77 DSGVO, you have the right to complain to the supervisory authority if you are of the opinion that the processing of your personal data is not being carried out lawfully.Last update: 25.04.2018
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