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General Terms & Conditions

General terms and conditions of business

1. scope of application

For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract

The purchase contract is concluded with MDT GmbH.

By placing the products in the online shop we make a binding offer to conclude a contract for these articles. You can put our products into the shopping cart without obligation at first and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.

3rd contract language, contract text storage

Language(s) available for signing the contract: English, French, German

The text of the contract is not stored by us.

4. terms of delivery

In addition to the indicated product prices there may be shipping costs. You will find more detailed information about possible shipping costs in the offers.

We only deliver by mail. Unfortunately, it is not possible to pick up the goods yourself.

We do not deliver to packing stations.

5. payment

In our shop, the following payment methods are available to you:

prepayment 

If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash on delivery 

You pay the purchase price directly to the deliverer. There is an additional charge of 3 Euro.

Credit card

When you place your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged immediately after the conclusion of the contract.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

 

invoice

You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit assessment.

6. right of withdrawal

Consumers are entitled to the statutory right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of revocation.

7. reservation of title

The goods remain our property until full payment has been received. 

For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.

8. transport damage

The following applies to consumers: If goods with obvious transport damage are delivered, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have received the goods from the carrier.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

9. warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. 

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

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements. 

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery). 

The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

- in case of injury to life, body or health

- in the event of intentional or grossly negligent breach of duty and fraudulent intent

- in case of violation of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

- within the framework of a guarantee promise, if agreed

- as far as the scope of application of the product liability law is opened.

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

10th Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

- in case of injury to life, body or health

- in case of intentional or grossly negligent breach of duty

- in the case of guarantee promises, if agreed, or

- as far as the scope of application of the product liability law is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. 

Otherwise, claims for damages are excluded.

11. settlement of disputes

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. final provisions

If you are an entrepreneur, then German law shall apply to the exclusion of the UN Sales Convention.

If you are a merchant in the sense of the German 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 is our registered office.