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AGB
PARAMED GmbH Business and delivery conditions for dealers and all business partners. STAND SEPTEMBER 2021
§ 1 Scope / Other regulations
(1) The deliveries, services and offers of PARAMED GmbH (in the of PARAMED GmbH (hereinafter referred to as "we") shall be based exclusively on the following basis of the following terms and conditions. These terms and conditions shall also apply to all between the parties, even if this is not expressly agreed again.
(2) The validity of deviating provisions or provisions provisions which go beyond these provisions shall be excluded. This applies general terms and conditions of the customer, even if we accept an order of the accept an order from the customer in which the customer refers to his general terms and conditions of business and/or and/or to which the customer's general terms and conditions are attached and we do not object to this. and we do not object thereto.
(3) § 312i para. 1 sentence 1 no. 1, 2 and 3 and Section 312i (1) sentence 2 of the German Civil Code (BGB), which provide of the trader in the case of contracts concluded in electronic commerce are waived. waived.
(4) We sell exclusively to persons who, at the time of conclusion of the contract, are acting in the exercise of their commercial or independent professional activity as well as to legal entities under public law or special public law or special funds under public law.
§ 2 Conclusion of contract / procurement risk
(1) Our quotations are subject to confirmation. The contract is only concluded when the customer places an order and we order and we confirm this order in writing or begin with its execution. execution.
(2) The customer is - if not otherwise specified in his order, the customer shall be bound by his offer to purchase for a fortnight.
(3) With the conclusion of the contract we do not we do not assume any procurement risk.
§ 3 Delivery
(1) Unless agreed otherwise delivery shall be EXW warehouse Düsseldorf according to Incoterms 2010.
(2) Partial deliveries are permissible. Partial deliveries may be invoiced by us individually.
§ 4 Prices and terms of payment
(1) If the order value is less than € 50,- net we charge a handling fee of € 12,-. If the customer customer wishes direct dispatch to his customers, we will charge a flat processing fee of € 5,- per shipping address.
(2) If, as a gesture of goodwill, we agree to a we may charge a handling fee for the inspection and restocking of the goods. and restocking of the goods, we may charge a processing fee of 15 % of the value of the goods, at least € 20,-. For sterile items and diagnostics, any return is excluded. For sterile items and diagnostics any return is excluded.
(3) All prices are net prices plus the applicable net prices plus the applicable statutory value added tax.
(4) Unless otherwise agreed upon payments are to be made by bank transfer 14 days after delivery and invoice without deduction.
(5) In the case of an agreed SEPA Direct Debit Scheme, in order to facilitate payment transactions, the 14-day period for information prior to the collection of a due payment may be reduced to a payment may be shortened to a maximum of one day prior to debiting. If the If the buyer is responsible for chargebacks, the buyer shall reimburse us for the costs
(6) Insofar as the body responsible for the purchaser / practice for the assumption of payment of the office supplies -for whatever reasons whatsoever - does not accept payment for the goods delivered by us, the buyer / practice undertakes to pay for the goods supplied by us himself within the goods supplied by us within the 14-day payment period. With the current we only invoice articles that are part of the office supplies with the responsible with the responsible payment authorities for practices in North Rhine-Westphalia and Baden-Wuerttemberg. practices in North Rhine-Westphalia and Baden-Württemberg. Practices in other than these two federal states must must pay for the consultation supplies ordered from us and delivered by us. and delivered by us.
§ 5 Default in payment / set-off and retention
(1) In the event of default of payment as well as doubts about the customer's ability to pay, we shall - without prejudice to our other our other rights - we are entitled to demand advance payment for deliveries not yet revoke payment periods granted and to demand immediate payment of all claims arising from the business all claims arising from the business relationship immediately. Our obligation to deliver shall be suspended as long as the customer is in default with a due payment. The customer in default shall be obliged to pay us all reasonable dunning, collection and other reminder, collection and information costs.
(2) The customer may offset claims other than his contractual claims other than his contractual counterclaims arising from the respective legal legal transaction concerned or assert a right of retention only if this claim has been claim is undisputed by us or has been finally determined by a court of law.
§ 6 Failure to deliver / fixed date transaction / consequences of delay
(1) Operational disruptions, insofar as they could not be unforeseeable, as well as strikes, lock-outs, official decrees and other cases of and other cases of force majeure shall release us from the obligation to deliver for the duration of the from the obligation to deliver for the duration of the disruption and to the extent of its effect. If the delivery is delivery by more than 2 weeks, each of the parties shall be entitled, to the exclusion of all other parties shall be entitled to withdraw from the contract with regard to the quantity affected by the disruption.
(2) Complaints due to transport damages The customer must assert complaints about transport damage immediately after receipt of the goods. The customer must submit a The customer must have a damage report drawn up in accordance with the carrier's specifications.
(3) If the delivery date has not been expressly agreed in writing as "fixed", a delivery shall be made in accordance with the delivery is made in accordance with the contract if it arrives at the customer's premises within 4-6 weeks after the delivery date.
(4) The customer can only withdraw from the contract from the contract within the framework of the statutory provisions only insofar as a delay in delivery for which we are responsible. This regulation is not connected with a change in the burden of proof to the disadvantage of the customer. At our request, the customer shall be obliged to declare within two weeks whether he will withdraw from the contract due to a delay in delivery or insists on delivery or insists on the delivery and/or demands compensation.
§ 7 Notices of defects / claims for defects
(1) The customer shall without delay check whether the delivered goods correspond to the contractually agreed quantity and agreed quantity and quality. Recognisable defects are to be reported immediately, non-recognisable immediately after discovery, stating the order data and invoice number. and invoice number. The customer may not refuse to accept the of the delivery items due to insignificant defects. We expressly reserve the expressly reserve the right to deliver goods of equivalent quality instead of those ordered..
(2) We guarantee that the delivery items are the delivery items have the agreed quality at the time of transfer of risk. agreed upon. The quality of the goods results from the offer and the product description referred to in the offer. product description referred to in the offer.
(3) Defects in the delivery items may be remedied by us at our discretion. we may, at our discretion, remedy the defect by supplying a new delivery item
(4) If the replacement delivery or defect fails, is impossible, is refused by us or is unreasonable for the customer, is unreasonable for the customer or is not carried out by us within a reasonable period of time within a reasonable period set by the customer, the customer may withdraw from the contract or withdraw from the contract or demand a reduction. The customer may also withdraw from the contract immediately contract immediately if there are special circumstances which justify this after weighing the interests of both parties.
(5) Claims of the customer for defects shall become statute-barred 4 weeks after delivery of the delivery items to the customer. This does not apply to fraudulently concealed defects. In this case there are claims for defects.
§ 8 Limitation of liability
(1) We shall be liable for damages insofar as these; a) were caused intentionally or through gross negligence by us, or; b) were caused by us through slight negligence and are due to essential breaches of duty which jeopardise the achievement of the purpose of the contract, or purpose of the contract, or to the breach of obligations the fulfilment of which is the proper performance of the contract and on the observance of which the customer may compliance with which the customer may rely. In all other respects, our liability is excluded, irrespective of its legal basis, unless our liability is mandatory by law, in particular for injury to life, limb or health of a person. of life, body or health of a person, assumption of a guarantee, fraudulent concealment of a defect or under the Product Liability Act. Guarantees by us shall only be made in writing and shall be designated as such.
(2) In the event of paragraph (1) b) as well as in the event of gross negligence on the part of simple vicarious agents of us (i.e. not organs or executive employees) we shall only be liable to a limited extent to the typically foreseeable damage for a contract of this type.
(3) In the cases of paragraph (2), the liability for liability for indirect damage, consequential damage and loss of profit is excluded. excluded. The parties assume for the cases of paragraph (2) that typically foreseeable damage" for all cases of damage occurring within the scope of an order. the agreed net remuneration for the order in question. affected order.
(4) The limitations of liability under (1) to (3) shall also apply in the case of claims against employees and agents of us.
§ 9 Retention of title
(1) We retain title to the delivered goods ("reserved goods"). the delivery items ("goods subject to retention of title") until all claims against the claims against the customer arising from the business relationship. The only constitute a withdrawal from the contract if we have expressly declared this in writing. have expressly declared this in writing.
(2) All claims arising from the resale of goods subject to resale of goods subject to retention of title, including bills of exchange and cheques, and cheques, are hereby assigned to us by the customer as security for our payment claims from deliveries to us. We accept the assignment. In the event of the sale of goods in which we have co-ownership, the assignment shall be limited to the share of the In the event of the sale of delivery items in which we have co-ownership, the assignment shall be limited to the share of the claim corresponding to our co-ownership share.
(3) As long as the customer is willing and able to fulfil his and in a position to properly fulfil his obligations towards us, he may dispose of the delivery items owned or co-owned by us in the ordinary course of business and in the ordinary course of business and collect the claims assigned to us himself. ourselves. Transfer of ownership by way of security, pledging and assignment of claims, including by way of sale of claims, may only be made by the customer with our with our prior written consent.
(4) If the value of the reserved goods exceeds the claim to be value of the reserved goods exceeds the claim to be secured by more than 20 %, we shall release the the value of the reserved goods exceeds the claim to be secured by more than 20%, we shall release the
§ 10 Applicable law / place of performance / jurisdiction
(1) The legal relationship between the customer and us relationship between the customer and us shall be governed exclusively by German law (with the (to the exclusion of possible references to other legal systems as well as the UN Sales Convention).
(2) Place of performance for the mutual obligations is Neuss. obligations is Neuss.
(3) Insofar as the customer is a merchant in the sense of the of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special public law special assets, the exclusive place of jurisdiction for all disputes between the for all disputes between the parties arising from or on the occasion of the business relationship shall be the courts having jurisdiction for Neuss. The same shall apply if the customer does not have a general place of jurisdiction in Germany, has changed his his domicile or habitual place of residence from within the country or his place of residence or habitual abode is not known at the time the action is brought. place of residence or habitual abode is not known at the time the action is brought. The statutory place of jurisdiction for legal venue for dunning proceedings as well as other legal venues, which cannot be deviated from by agreement of the parties. We are also entitled to sue the customer at his general place of jurisdiction.
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If you wish to cancel items, e.g. because the delivery time is too long, the cancellation must be made in writing by fax or e-mail before the goods are dispatched. If the goods have already been packed and sent on their way, a cancellation can no longer be accepted. It is also not possible to cancel goods which we have ordered specially for you or which are specially manufactured, e.g. X-ray protective clothing. The cancellation must be addressed directly to PARAMED.
Unless otherwise stated below, the provision of your the provision of your personal data is neither legally or contractually required required by law or contract, nor is it necessary for the necessary for the conclusion of a contract. You are not obliged to provide the data. obliged to provide the data. Failure to provide it will have no consequences. This applies only insofar as no indication to the contrary is made in the otherwise specified.
"Personal data" means any information relating to an identified or identifiable natural person. "Personal data" means any information relating to an identified or identifiable natural person. identified or identifiable natural person.
. You can visit our websites without providing any personal information. personal details. Each time you access our website, usage data is transmitted by your transmitted by your internet browser and stored in log files. (server log files). This stored data includes e.g. name of the page accessed, date and time of access, the amount 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 website and to improve our services. It is not possible to assign this data to a specific person is not possible. Collection and processing when using the contact form When you use the contact form, we collect your personal data (name (name, e-mail address, message text) only to the extent provided by you. provided by you. The data processing serves the purpose of contacting you. By sending your message, you consent to the processing of 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 processing carried out on the basis of the consent until the revocation is affected. Your email address will only be used to process your request. Your data will subsequently deleted, unless you have consented to further processing and use. and use of your data.
When you open a customer account, we collect your personal data to the extent data to the extent specified there. The data processing serves the purpose of improving your shopping experience and simplifying order processing. simplify order processing. The processing is based on Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time at any time by notifying us, without affecting the legality of the processing. lawfulness of the processing carried out on the basis of your consent until you is affected. Your customer account will then be deleted.
. On our website, we use the buyer seal rating system of the Händlerbund Management AG (Torgauer Straße 233 B, 04347 Leipzig). After we would like to ask you to rate your purchase and comment on it. and to comment on it. For this purpose, you will be contacted by us within the scope of the the processing of the contract, whereby we use the technical system of the the technical system of the provider of the buyer's seal rating tool within the scope of processing of orders. The processing is carried out on the basis of of Art. 6 (1) lit. f DSGVO from the justified interest in truthful, verified evaluations of our services. You have the right to object to the processing of your personal data at any time for situation, to object at any time to the processing of your personal data based on Art. 6 (1) lit. f DSGVO. processing of personal data relating to you by notifying us. by notifying us. Your e-mail address will only be used for this purpose and in particular not for further advertising and will not be passed on to other third parties. The data stored in this connection in the technical system of the personal data stored in the technical system of the buyer seal rating tool will be 3 months after the delivery of goods recorded for evaluation. deleted. Use of e-mail address for sending newsletters If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to us to verify that you are the owner of the e-mail address and that you e-mail address and that you agree to receive the newsletter. In order to ensure that the newsletter is sent in a consensual manner the so-called double opt-in procedure. In the course of this the potential recipient is added to a distribution list. Subsequently the user is given the opportunity to confirm the subscription in a legally registration in a legally secure manner. Only if the confirmation is received the address is actively included in the distribution list. We use this data exclusively for sending the requested information and offers. information and offers. The newsletter software used is Newsletter2Go . Your data will be transmitted to Newsletter2Go GmbH. Newsletter2Go is prohibited from selling or using your data for any other purposes other than for sending newsletters. Newsletter2Go is a German, certified provider, which is in accordance with the selected according to the requirements of the Basic Data Protection Regulation and the Federal Data Protection Act. Further information can be found Here: https://www.newsletter2go.de/informationen-newsletter-empfaenger/. The consent given for the storage of the data, the e-mail address e-mail address and its use for the purpose of sending the newsletter can be for example via the "unsubscribe" link in the newsletter. The data protection measures are always subject to technical technical innovations, for this reason we kindly ask you to inform yourself about our data protection measures at regular intervals by consulting our data protection declaration. our data protection declaration.
. We will use your email address, which we have received as part of the sale of a goods or services for the electronic transmission of advertising send you advertisements for our own goods or services that are similar to those similar to those which you have already purchased from us, unless you have you have not objected to this use. The provision of the e-mail address is necessary for the conclusion of the contract. A failure to provide it means that no contract can be concluded. can be concluded. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO due to 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 in accordance with the basic rates. basic rates. Forwarding of the e-mail address to shipping companies for information about the shipping status. We will pass on your e-mail address to the shipping company within the scope of the to the shipping company, provided you have expressly consented to this expressly agreed to this in the order process. The purpose of passing on your e-mail address is to inform you about the e-mail about the shipping status. The processing takes place on the basis of Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us or the transport the transport company, without affecting the legality of the processing processing carried out on the basis of the consent until the revocation is is affected.
. 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. user's computer system. When a user accesses a website, a cookie may be a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the identification of the browser when the website is called up again. the website. We use cookies for the purpose of making our offer more user-friendly, effective and secure. Furthermore cookies enable our systems to recognise your browser even after a page browser even after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. cannot be offered without the use of cookies. For these, it is necessary that the browser is be recognised even after a page change. We also use cookies on our website cookies on our website for the purpose of analysing the surfing behaviour of our visitors. visitors to our website. The processing takes place on the basis of of § 15 (3) TMG as well as 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. pseudonymised by technical precautions. An assignment of the data to your person is therefore no longer possible. The data is not stored together with stored together with other personal data of yours. You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data based on Art. 6 (1) f DSGVO. processing of your personal data based on Art. 6 (1) f DSGVO.
Cookies are stored on your computer. You therefore have full control over the use of cookies. control over the use of cookies. By selecting appropriate technical settings in your internet browser, you can the storage of cookies and the transmission of the data they contain. prevent. Cookies already stored can be deleted at any time. be deleted at any time. However, we would like to point out that you may then not be able to use all the not be able to use all the functions of this website to their full extent. be able to use. Under the following links you can find information on how to manage cookies in the most important browsers (including deactivating them):. can:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=de Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
. We use the web analytics service Google Analytics on our website. of Google Inc (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). The data processing serves the purpose of analysing this website and its visitors. For this purpose, Google will, on behalf of the operator of this website of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity, and providing other services relating to website activity. of the website, to compile reports on website activity and to website activities and to provide other services relating to the use of the website and the internet. services relating to the use of the website and the website operator. The IP address transmitted by your your browser as part of Google Analytics will not be merged with other Google.
Google Analytics uses cookies that allow an analysis of your use of the website. use of the website by you. The information generated by the cookies information generated by the cookies about your use of the website is transferred to a Google server in the USA and stored there. On IP anonymisation is activated on this website. This means that your IP address by Google within Member States of the European Union or in other States party to the Agreement on the European Economic Area. shortened beforehand. Only in exceptional cases will the full IP address be transmitted to a server in the USA and shortened there. Your data may be transmitted to the USA. For data transfers to the the USA, there is an adequacy decision by the European Commission. is available. The processing is based on Art. 6 (1) lit. f DSGVO from the legitimate interest in the demand-oriented and targeted design of the website. You have the right for reasons arising from your particular situation at any time. to object to this processing of your personal data based on Art. 6 (1) f DSGVO. personal data based on Art. 6 (1) f DSGVO. To do so, you can prevent the cookies from being stored by selecting the technical settings of your browser software; however, we software; however, please note that in this case you may not be able to use all you may not be able to use the full functionality of this website. be able to use all functions of this website. You may also refuse the use of cookies by selecting the appropriate generated by the cookie and related to your use of the website (incl. your IP address) to (incl. your IP address) to Google and the processing of this data by Google. by Google by downloading and installing the browser plug-in available available under the following link [https://tools.google.com/dlpage/gaoptout?hl=de]. In order to prevent the collection of data by Google Analytics across all 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. this is fully effective. If you click here, the opt-out cookie will be 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/de/policies/.
After the contract has been fully processed, the data will initially be stored for the duration of the warranty period. for the duration of the warranty period, then under consideration of legal, in particular tax and commercial law, retention retention periods and then deleted after expiry of the period, unless you have consented to the further processing and use of your data.
If the legal requirements are met, you have the following according to Art. 15 to 20 DSGVO: the right to information, to correction, deletion, restriction of processing, data portability. data portability. In addition, according to Art. 21 (1) DSGVO, you have the right to object against processing based on Art. 6 (1) f DSGVO and against processing for the purpose of direct 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)servoprax.de
. Pursuant to Art. 77 DSGVO, you have the right to complain to the supervisory authority if you consider that the processing of your personal data is not lawful. personal data is not carried out lawfully.
Last update: 25.04.2018