Terms of Service

1. Scope
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with SVG Medizinsysteme GmbH & Co. KG.

By placing the products in the online shop, we are submitting a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, contract text storage
The language (s) available for the conclusion of the contract: German

We save the text of the contract and send you the order data and our terms and conditions in text form. You can see the contract text in our customer login.

4. Terms of delivery
In addition to the stated product prices, shipping costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers.

In principle, you have the option of collection from SVG Medizinsysteme GmbH & Co. KG, Talweg 8, 75417 Mühlacker, Germany at the following business hours: Monday to Thursday from 8 a.m. to 6 p.m. and Friday from 8 a.m. to 1 p.m.

We do not deliver to packing stations.

5. Payment
The following payment methods are generally available in our shop:

Payment in advance
If you choose the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card
When you place your order, you enter your credit card details. Your card will be charged immediately after you have placed your order.

PayPal, PayPal Express
In order to receive the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.

Immediately by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”) we offer you the following payment options. Payment via Klarna is only available for consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information with the respective payment option and in the order process.

6. Right of withdrawal
Consumers have the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of Title
The goods remain our property until full payment.

For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we are also allowed to collect claims ourselves if you do not meet your payment obligations come. At your request, we will release the securities to which we are entitled insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

9. Warranties and Guarantees
Validity of the statutory warranty law

Unless expressly agreed otherwise below, the statutory right to liability for defects applies.
The following restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health in the event of willful or grossly negligent breach of duty as well as malice in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations) as part of a guarantee promise, if agreed, or as far as the scope of the product liability law is opened.

Restrictions on consumers

The following applies to the purchase of used goods by consumers: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

Restrictions on entrepreneurs

With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place under the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations for merchants

The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless it is a matter of a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.

Guarantees and after-sales service

Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.

Customer service: You can contact our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 5:00 p.m. on the telephone number 070 419 615-0 and by email at info@svggermany.de

10. Liability
We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, body or health,
in the event of willful or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected.
Otherwise claims for damages are excluded.

11. Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find here. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

12. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you our place of business.

 

Terms and conditions created with the Trusted Shops legal copywriter in cooperation with FÖHLISCH lawyers.