General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Contractual Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Force Majeure
- Delay of Performance at the Customer's Request
- Retention of Title
- Liability for Defects / Warranty
- Liability
- Statute of Limitations
- Retention, Assignment
- Special Conditions for the Processing of Goods According to Customer Specifications
- Applicable Law, Jurisdiction
- Code of Conduct
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of devemed GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is objected to unless otherwise agreed.
1.2 These GTC also apply exclusively if the Seller carries out the delivery to the Customer without special reservation in the knowledge of conflicting or deviating conditions of the Customer.
1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions presented in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by e-mail, fax, online contact form, post, or telephone.
2.3 The Seller can accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, insofar as the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after placing his order, or
- if payment by direct debit is offered and the Customer chooses this payment method, by debiting the total price from the Customer's bank account, in which case the time at which the Customer's account is debited is decisive.
If several of the aforementioned alternatives are present, the contract is concluded at the time one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller already now declares the acceptance of the Customer's offer at the moment the Customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the customer's order has been sent. The seller does not provide further access to the contract text. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login information.
2.6 Before bindingly submitting the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The contract conclusion is exclusively available in German and English.
2.8 Order processing and communication typically take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
2.9 If the parties have agreed on special conditions, these generally do not apply to concurrently ongoing and future contractual relationships with the customer.
2.10 In case of the customer's economic inability to fulfill their obligations towards the seller, the seller may terminate existing exchange contracts with the customer by withdrawing without notice. This also applies in the event of the customer filing for insolvency. § 321 BGB and § 112 InsO remain unaffected. The customer shall inform the seller in writing in a timely manner about any impending insolvency.
3) Contractual Right of Withdrawal
The seller grants the customer a contractual right of withdrawal under the following conditions:
3.1 The customer has the right to withdraw from this contract within fourteen days.
The withdrawal period is fourteen days from the day on which the customer or a third party designated by them, who is not the carrier, takes possession of the last goods.
3.2 To exercise their right of withdrawal, the customer must inform the seller of their decision to withdraw from the contract by means of a clear statement in text form (e.g., a letter sent by post, fax, or email). To meet the withdrawal deadline, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the withdrawal period expires.
3.3 If the customer withdraws from the contract in accordance with the form and deadline, the seller shall refund the customer the price paid, but not the costs of delivery and any costs incurred for the payment method chosen by the customer. The refund of the purchase price shall be made within fourteen days from the day on which the notification of withdrawal from the contract is received by the seller.
3.4 The seller may refuse repayment until they have received the goods back in full.
3.5 The customer shall return or hand over the goods to the seller without delay and in any event no later than fourteen days from the day on which they notify the seller of the withdrawal from the contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.
3.6 The customer bears the costs and the risk of returning the goods.
3.7 The customer is liable for any diminished value of the goods in accordance with statutory provisions.
3.8 If the customer withdraws from the contract in accordance with the form and deadline, the seller may charge the customer a processing fee of 15% of the net order value for the resulting processing effort. However, the customer is allowed to provide evidence that no or significantly lower expenses have been incurred by the seller.
4.1 Unless otherwise stated in the seller's product description, the prices quoted are net prices, which are subject to the statutory value-added tax. Packaging and shipping costs, loading, insurance (especially transport insurance), customs duties, and taxes may be charged separately if applicable.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which must be borne by the customer. These may include, for example, costs for money transfer by banks (e.g., transfer fees, exchange rate fees) or customs duties or taxes on imports (e.g., customs duties). Such costs may also be incurred for money transfers even if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Various payment methods are available to the customer, which are specified in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting a payment method offered via the "PayPal" payment service, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider named by PayPal and specified to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payments to PayPal or to the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and submissions, or credits even in the event of the assignment of claims.
4.6 When selecting the payment method delivery on account, the purchase price becomes due after the goods have been delivered and invoiced.
4.7 When selecting the payment method delivery on account, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to carry out a credit check when selecting the payment method delivery on account and to reject this payment method in the event of a negative credit check.
4.8 A payment shall be deemed to have been made as soon as the equivalent value has been credited to one of the seller's accounts. In the event of default in payment, the seller is entitled to default interest at a rate of 10 percentage points above the respective base rate. The seller's other statutory rights in the event of the customer's default in payment remain unaffected. If claims are overdue, incoming payments shall first be credited to any costs and interest, and then to the oldest claim.
4.9 Should unforeseeable cost increases occur (e.g., currency fluctuations, unexpected price increases from suppliers, etc.), the seller is entitled to pass on the price increase to the customer. However, this only applies if delivery is to take place more than four months after the conclusion of the contract.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is made by shipping to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 The seller is entitled to make partial deliveries insofar as this is reasonable for the customer. In the case of permissible partial deliveries, the seller is also entitled to issue partial invoices.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that non-delivery is not the responsibility of the seller and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to obtain the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately, and any consideration already paid will be refunded without delay.
5.4 The risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. This also applies if the seller bears the transportation costs. Transport insurance is only provided at the customer's special request and expense.
5.5 In the event that the shipment of the goods to the customer is delayed for reasons attributable to the customer, the risk shall pass to the customer upon notification of readiness for shipment. The customer shall bear any storage costs incurred after the risk has passed.
5.6 In the case of self-collection, the seller will first inform the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods by arrangement with the seller. In this case, no shipping costs will be charged.
6) Force Majeure
In the event of force majeure events affecting the fulfillment of the contract, the seller is entitled to postpone delivery for the duration of the hindrance and to withdraw in whole or in part from the contract in the event of longer-term delays, without giving rise to any claims against the seller. Force majeure includes all unforeseeable events or events that, even if foreseeable, are beyond the seller's control and cannot be prevented from affecting the fulfillment of the contract through reasonable efforts by the seller. Any statutory claims of the customer remain unaffected.
7) Delay in Performance at Customer's Request
If shipping or delivery of the goods is delayed at the customer's request by more than one month after notification of readiness for shipment, the customer may be charged storage fees of 0.5% of the purchase price for each additional month commenced, but not exceeding a total of 5% of the purchase price. The parties to the contract are not precluded from proving a higher or lower damage.
8) Retention of Title
8.1 The seller reserves ownership of the delivered goods until the full purchase price has been paid. Furthermore, the seller reserves ownership of the delivered goods until all claims from the business relationship with the customer have been fulfilled.
8.2 In the event of processing of the delivered goods, the seller is deemed to be the manufacturer and acquires ownership of the newly created goods. If processing takes place together with other materials, the seller acquires ownership in proportion to the invoice values of its goods to that of the other materials. If the seller's goods are connected or mixed with an item belonging to the customer, and the customer's item is to be regarded as the main item, co-ownership of the item passes to the seller in the ratio of the invoice value of the seller's goods to the invoice value or, in the absence of such, the market value of the main item. In these cases, the customer is considered to be the custodian.
8.3 The customer may not pledge or transfer by way of security items subject to retention of title or rights. The customer is only permitted to resell items in the ordinary course of business if the seller's claims against its customers in connection with the resale have been effectively assigned to the seller and the customer transfers ownership to its customers subject to reservation of title. By concluding the contract, the customer assigns its claims in connection with such sales to its customers to the seller for security purposes, who simultaneously accepts this assignment.
8.4 The customer must immediately notify the seller of any access to goods owned or co-owned by the seller or assigned claims. The customer must immediately transfer to the seller any amounts collected by it that have been assigned by the seller, as far as the seller's claim is due.
8.5 If the value of the seller's security rights exceeds the amount of the secured claims by more than 10%, the seller, at the customer's request, shall release a corresponding proportion of the security rights.
9) Warranty / Guarantee
If the purchased item is defective, the provisions of statutory warranty law apply. Deviating from this:
9.1 Warranty claims do not arise in the case of natural wear and tear or damage resulting from improper or negligent handling, excessive strain, unsuitable operating materials, or external influences not provided for in the contract. If the customer or third parties make improper alterations or repairs, no warranty claims arise for these and the resulting consequences unless the customer can prove that the reported defect was not caused by these alterations or repairs.
9.2 For new goods, the limitation period for warranty claims is one year from delivery of the goods. For used goods, rights and claims due to defects are excluded.
9.3 The liability limitations and shortening of the limitation period as set forth above do not apply
- for items that have been used for a building in accordance with their customary use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer,
- in the event that the seller has fraudulently concealed the defect, as well as
- for recourse claims under § 445a of the German Civil Code (BGB).
9.4 In the event of subsequent performance, the seller has the choice between rectification or replacement delivery.
9.5 If replacement delivery is made within the scope of warranty liability, the limitation period does not restart.
9.6 If subsequent performance is carried out by means of replacement delivery, the customer is obliged to return the initially delivered goods to the seller within 30 days. The return package must include the reason for the return, the customer's name, and the number assigned to the purchase of the defective goods, enabling the seller to allocate the returned goods. As long as and to the extent that the allocation of the return shipment is not possible due to reasons attributable to the customer, the seller is not obliged to accept the returned goods or to refund the purchase price. The customer bears the costs of reshipment.
9.7 If the seller provides a defect-free item for the purpose of subsequent performance, the seller may claim compensation for use from the customer in accordance with § 346 (1) of the German Civil Code (BGB). Other statutory claims remain unaffected.
9.8 If the customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to examine and give notice of defects in accordance with § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.
10) Liability
The seller's liability to the customer for all contractual, quasi-contractual, and legal, including tortious, claims for damages and reimbursement of expenses is as follows:
10.1 The seller is liable without limitation on any legal grounds
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, limb, or health,
- due to a guarantee promise, unless otherwise regulated regarding this, and
- due to mandatory liability such as under the Product Liability Act.
10.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, typically occurring damage, unless liability is unlimited according to the above paragraph. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies.
10.3 In all other respects, liability of the seller is excluded.
10.4 The above liability provisions also apply with regard to the liability of the seller for its vicarious agents and legal representatives.
11) Limitation Period
Customer claims against the seller - with the exception of those regulated under the heading "Warranty / Guarantee" - become statute-barred one year after knowledge of the facts giving rise to the claim, but in any case no later than five years after performance of the service, unless unlimited liability is provided for according to the above paragraph.
12) Retention, Assignment
12.1 Customer rights of retention and refusal of performance are excluded, unless the seller does not dispute the underlying counterclaims or they have been legally established.
12.2 Assignment of claims from the contract concluded with the customer by the customer, in particular assignment of any warranty claims of the customer, is excluded.
13) Special Conditions for Processing Goods According to Customer Specifications
13.1 If, according to the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to specific specifications of the customer, the customer must provide the seller with all contents necessary for processing, such as texts, images, or graphics, in the file formats, formats, image, and file sizes specified by the seller and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to these contents. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer ensures that no third-party rights are infringed thereby, in particular copyright, trademark, and personality rights.
13.2 The customer indemnifies the seller from any claims by third parties that may arise in connection with an infringement of their rights due to the contractual use of the customer's content by the seller. The customer also bears the necessary costs of legal defense, including all court and attorney fees in statutory amount. This does not apply if the infringement is not attributable to the customer. In the event of a claim by third parties, the customer is obliged to provide the seller with all information promptly, truthfully, and completely, which is necessary for the examination of the claims and a defense.
13.3 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates legal or regulatory prohibitions or good morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people, and/or glorifies violence.
14) Applicable Law, Jurisdiction
14.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of goods.
14.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in any case, the seller is entitled to bring an action at the customer's place of business.
15) Code of Conduct
The seller has submitted to the following code of conduct:
- The seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed on the internet at https://support.google.com/merchants/topic/7105962.