Terms and Conditions

As of: 9.05.2016


General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Michael Witgenfeld) via the website www.medicalcorner24.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) For the purposes of the provisions below, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the course of their independent professional or commercial activity.

§ 2 Formation of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By listing the respective product on our website, we make you a binding offer to conclude a purchase contract under the terms stated in the product description.

(3) The purchase contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the “Shopping Cart.” You can access the “Shopping Cart” at any time using the corresponding button in the navigation bar and make changes there.
After opening the “Checkout” page and entering your personal details as well as the payment and shipping conditions, all order details will be displayed once again on the order overview page.
If you choose an instant payment system as your payment method (e.g. PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung), you will either be taken to the order overview page in our online shop or first redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your details there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting your order, you have the opportunity to review all details here once again, make changes (including by using your internet browser’s “back” function), or cancel the purchase.
By submitting the order using the relevant button, you legally declare your acceptance of the offer, thereby concluding the purchase contract.

(4) Your requests for a quotation are non-binding on you. We will provide you with a binding offer in text form (e.g. by email), which you may accept within 5 days.

(5) If you are an entrepreneur, you may submit a binding offer to purchase (order) for reimbursable medical practice supplies using the order form provided on our website, by fax, email or post.

The offer is accepted (and the contract is therefore concluded) within 5 days by confirmation in text form (e.g. email) confirming execution of the order or delivery of the goods (order confirmation).
If you do not receive a corresponding notification, you are no longer bound by your order. Any services already provided will, in this case, be refunded without delay.

You must send us the prescription required for billing with your health insurance provider with your order or, at the latest, without delay after conclusion of the contract.

(6) The order is processed and all information required in connection with the conclusion of the contract is transmitted by email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters.

§ 3 Special agreements regarding the payment methods offered

Purchase on invoice via BillSAFE
For purchases on invoice via BillSAFE, we assign our entire claim for payment against you, irrevocably, to PayPal (Europe) S.à r.l. et Cie, S.C.A. ,22-24 Boulevard Royal, L-2449 Luxembourg. Before accepting the assignment, PayPal (Europe) S.à r.l. et Cie, S.C.A. will carry out a credit check using the data provided.
We reserve the right to refuse you this payment method as a result of the credit check; you will be informed of this before submitting your order.
If payment by invoice is approved, PayPal (Europe) S.à r.l. et Cie, S.C.A. accepts the assignment, so that payments discharging the debt may only be made to PayPal (Europe) S.à r.l. et Cie, S.C.A.

§ 4 Right of Retention, Retention of Title

(1) You may exercise a right of retention only insofar as the claims arise from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall also apply:

a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before title to the goods subject to retention of title passes, pledging or transfer by way of security shall not be permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale, in the amount of the invoice amount; we accept the assignment. You shall remain authorized to collect the claim. However, if you fail to duly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combining or mixing the goods subject to retention of title, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other items processed, at the time of processing.

d) At your request, we undertake to release the security interests to which we are entitled insofar as the realizable value of our security interests exceeds the claim to be secured by more than 10%. We shall have the right to select which security interests are to be released.

§ 5 Warranty

(1) The statutory rights in respect of defects shall apply.

(2) If you are an entrepreneur, the following shall apply by way of derogation from paragraph 1:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the condition of the goods, but not other advertising, public promotions or statements made by the manufacturer.

b) You are obligated to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of obvious defects within 7 days of receipt of the goods; timely dispatch shall suffice to meet the deadline. This also applies to latent defects discovered later, from the time of discovery. If you fail to comply with your duty to inspect and give notice, any assertion of warranty claims shall be excluded.

c) In the event of defects, we shall provide a warranty, at our discretion, by repair or replacement delivery. If the remedy of the defect fails, you may, at your discretion, demand a reduction in the purchase price or withdraw from the contract. The remedy of the defect shall be deemed to have failed after the second unsuccessful attempt, unless, in particular, the nature of the item or defect or other circumstances indicate otherwise. In the case of repair, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless the transport is consistent with the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damages attributable to us resulting from injury to life, limb or health, or damages caused by gross negligence or intent, or fraudulent concealment, or to rights of recourse pursuant to §§ 478, 479 BGB.

§ 6 Liability

(1) We shall be fully liable for damages resulting from injury to life, limb or health. We shall also be liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee as to the condition of the purchased item, and all other cases provided for by law.

(2) Liability for defects under the statutory warranty is governed by the corresponding provisions in our customer information (Part II) and General Terms and Conditions (Part I).

(3) Where material contractual obligations are concerned, our liability for slight negligence is limited to the foreseeable damage typical for the contract. Material contractual obligations are essential obligations arising from the nature of the contract, the breach of which would jeopardize achievement of the contractual purpose, as well as obligations imposed on us by the contract’s content to achieve the contractual purpose, the performance of which is what makes proper performance of the contract possible in the first place and compliance with which you may regularly rely on.

(4) Liability is excluded for slightly negligent breaches of immaterial contractual obligations.

(5) Under the current state of technology, data communication over the Internet cannot be guaranteed to be error-free and/or available at all times. Accordingly, we accept no liability for the continuous or uninterrupted availability of the website and the services offered there.

§ 7 Choice of law

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they habitually reside (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

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II. Customer information

1. Identity of the seller

Michael Witgenfeld
An der Aue 10
45739 Oer-Erkenschwick
Germany
Telephone: 02368 8989779
Email: info@medicalcorner24.com

The European Commission provides a platform for online dispute resolution (ODR platform), accessible at http://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the options for correcting errors are governed by § 2 of our General Terms and Conditions (Part I.).

3. Contract language, storage of contract text

3.1. The contract language is German.

3.2. We do not store the full text of the contract. Before submitting an order via the online shopping cart system, the contractual details can be printed using the browser’s print function or saved electronically. After we receive the order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For requests for offers made outside the online shopping cart system, you will receive all contractual details by email as part of a binding offer, which you can print or save electronically.

4. Codes of conduct

4.1. We have agreed to comply with the Käufersiegel quality criteria of Händlerbund Management AG and, in connection therewith, the Ecommerce Europe Trustmark Code of Conduct, available at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and http://www.ecommerce-europe.eu/website/trustmark/code-of-conduct/haendlerbund

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website.

6. Prices and payment terms

6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective product description, are shown separately during the ordering process and must be borne by you in addition, unless delivery free of shipping charges has been agreed.

6.3. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective product description.

6.4. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

7. Delivery terms

7.1. The delivery terms, delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective product description.

7.2. If you are a consumer, the law provides that the risk of accidental loss or accidental deterioration of the goods sold passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory liability for defects

8.1. Liability for defects in our goods is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

8.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

These GTC and customer information were prepared by the Händlerbund's lawyers specializing in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist letters. Further information can be found at: http://www.haendlerbund.de/agb-service.