General terms and conditions
General terms and conditions of delivery and sale
§ 1 General, clientele, contract language
(1) 1) All offers, sales contracts, deliveries and services based on orders placed by our customers (hereinafter referred to as “Customers”) via our website at http://www.merita.care (hereinafter referred to as “Online Presence”) are subject to these General Terms and Conditions.
(2) The product range of our online presence is directed equally at consumers and entrepreneurs, but only at end users. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who concludes the contract for a purpose which cannot be attributed to either his commercial or his self-employed professional activity (§ 13 BGB) and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity who acts in the exercise of his commercial or self-employed professional activity when concluding the contract (§ 14 Paragraph 1 BGB).
(3) Customer’s terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.
(4) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
§ 2 Conclusion of contract
(1) Our offers on our online presence are non-binding.
(2) By placing an order on our online presence, the customer makes a binding offer to purchase the relevant product. We can accept the offer until the end of the (third) working day following the day of the offer.
(3) Immediately after receipt of the offer we will send the customer a confirmation of receipt of the offer which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (by e-mail) or send the goods. The purchase contract with the customer is only concluded with our acceptance.
(4) Every customer who is a consumer is entitled to revoke the offer and return the goods in accordance with the special revocation and return instructions which are communicated to him on our website within the framework of the order.
§ 3 Prices, payment
(1) Our prices include the statutory value added tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer.
(2) Unless expressly agreed otherwise, we deliver only against advance payment (in the manner indicated on our online presence on the order form) or cash on delivery, in each case against invoice. At the customer’s request, which must be stated on the order form, we shall also deliver the goods against cash payment at our business premises in (place, address).
(3) If delivery on account has been agreed, our invoices are due for payment within 14 working days after the goods have been sent and the invoice has been received by the customer.
(4) The customer is not entitled to any right of set-off or retention unless the counterclaim is undisputed or legally established.
§ 4 Right of revocation
In the case of contracts concluded outside business premises and in the case of distance selling contracts, you as a consumer shall be entitled to a right of revocation.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods or has taken possession of them.
Im Hof 16,
Tel.: 0152 09465369
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
FOLLOWING THE REVOCATION
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse to refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier, and you shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
The right of revocation does not apply to
• Contracts for the supply of goods which are not prefabricated and the manufacture of which is based on an individual choice or destination by the consumer or which are clearly tailored to the personal needs of the consumer;
• Contracts for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery,
• contracts where the consumer has expressly requested the trader to visit him to carry out urgent repair and maintenance work, except in respect of other services provided during the visit which the consumer has not expressly requested, or in respect of goods supplied during the visit which are not necessarily needed as spare parts during the maintenance or repair.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Im Hof 16,
• I (°) hereby cancel the contract concluded by me/us (°) for the purchase of the following goods (°)/the provision of the following service (°)
• Ordered on (°)/received on (°)
• Name(s) of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only for paper communication)
(°) Delete as applicable.
§ 5 Deadlines for dispatch of goods, sale, partial deliveries
(1) All periods stated by us in the order or otherwise agreed for the dispatch of the goods shall commence,
(a) if delivery against prepayment has been agreed, on the day of receipt of the full purchase price (including value added tax and shipping costs) or
(b) if payment by cash on delivery or on account has been agreed, on the day of the conclusion of the purchase contract.
The day on which we hand over the goods to the shipping company is decisive for compliance with the shipping date.
(2) Deadlines stated by us for dispatch of the goods are always approximate and may therefore be exceeded by up to two working days. This shall not apply if a fixed dispatch date has been agreed. If no period or date for dispatch is specified or otherwise agreed, dispatch within (five) working days shall be deemed to have been agreed.
(3) We shall be entitled to sell the goods at any time (even if they are marked as “in stock” on the order form) if the delivery is made against advance payment and payment is not received by us within a period of (five) working days after our acceptance of the offer. In this case, the goods shall be dispatched within the agreed period or the period specified by us only while stocks last; otherwise a period of (three) weeks shall apply.
(4) In the event that our supplier does not deliver to us on time goods which are indicated on the order form as “out of stock” or which have been sold off in accordance with paragraph 3, the relevant shipping period shall be extended until delivery by our supplier plus a period of three working days, but by no more than a total period of three weeks, provided in each case,
• we are not responsible for the delay in delivery by our supplier, and
• We have reordered the goods before the conclusion of the purchase contract (or in the case of paragraph 3 the time of the sale) in such good time that under normal circumstances punctual delivery could be expected.
If the goods cannot be delivered without our fault or cannot be delivered on time despite timely reordering, we are entitled to withdraw from the purchase contract. We will immediately notify the customer of the non-availability of the goods and, in the event of withdrawal, reimburse any payments made to us without delay.
(5) If the customer has purchased several separately usable products in one order, we may also ship these in several separate deliveries, whereby we shall bear the additional shipping costs incurred as a result. The customer’s statutory rights with regard to timely and proper delivery shall not be limited thereby.
§ 6 Type and duration of dispatch, insurance and transfer of risk
(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion.
(2) We only owe the punctual, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A delivery period specified by us (period between the time of delivery by us to the transport company and the time of delivery to the customer) is therefore non-binding. If we have undertaken installation or assembly work, we shall, however, notwithstanding this, be obliged to complete this work and hand it over to the customer on time at the contractually agreed place and date.
(3) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, if we only owe the shipment, the risk shall pass to the customer upon delivery of the goods to the transport company. If we have undertaken installation and assembly work at the customer’s site, the risk shall, however, always pass to the customer upon completion of the work and transfer of the goods to the customer.
(4) We shall insure the goods against the usual transport risks at our expense.
(5) In the event of default in acceptance or other culpable breach of duties to cooperate on the part of the purchaser, we shall be entitled to compensation for the resulting damage, including any additional expenses. We reserve the right to assert further claims. In this case, the risk of accidental loss or accidental deterioration of the goods shall pass to the Buyer at the time of default in acceptance or other breach of the duty to cooperate.
§ 7 Retention of title
(1) We reserve title to the goods delivered by us until full payment of the purchase price (including value added tax and shipping costs) for the goods concerned.
(2) Without our prior written consent, the customer shall not be entitled to dispose of the ownership of the goods delivered by us and still subject to retention of title (“reserved goods”). The disposal of the legal position of the customer with regard to the reserved goods (so-called expectant right) shall remain permissible as long as the third party is informed of our right of ownership.
(3) The customer shall treat the reserved goods with care.
(4) In the event of access by third parties – in particular by bailiffs – to the reserved goods, the customer shall draw attention to our ownership and inform us immediately so that we can assert our ownership rights.
§ 8 Warranty
(1) If the delivered goods have a defect, the customer may first demand that we remedy the defect or deliver defect-free goods. If the customer is an entrepreneur, we may, however, choose between remedying the defect or delivering a defect-free item; this choice can only be made by notifying the customer in text form (also by fax or e-mail) within three working days of receipt of the notification of the defect.
(2) If the supplementary performance according to paragraph 1 fails or is unreasonable for the customer or we refuse the supplementary performance, the customer is entitled to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of his futile expenses according to the applicable law. However, the special provisions of Section 9 of these General Terms and Conditions shall apply to the customer’s claims for damages.
(3) The following applies only to entrepreneurs:
(a) Insofar as the delivered goods are defective, you shall be entitled within the framework of the statutory provisions to demand subsequent performance in the form of rectification of the defect or delivery of a defect-free item. We shall have the right to choose the type of subsequent performance. If the subsequent performance fails, you are entitled to reduce the purchase price or to withdraw from the contract if the statutory requirements are met. The prerequisite for any warranty rights is that you duly fulfil all inspection and complaint obligations owed in accordance with § 377 HGB (German Commercial Code). The customer must carefully inspect the goods immediately after they have been sent. The delivered goods shall be deemed approved by the customer if a defect is not notified to us (i) in the case of obvious defects within five working days of delivery or (ii) otherwise within five working days of discovery of the defect.
(b) The limitation period for warranty claims for the delivered goods is – except in the case of claims for damages – twelve months from receipt of the goods.
§ 9 Limitation of liability
(1) We shall be liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract, the breach of which endangers the achievement of the purpose of the contract and the observance of which you as the customer may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
(2) The above exclusions of liability shall not apply in the event of culpable injury to life, limb and health. Liability under the Product Liability Act shall remain unaffected.
(3) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant and uninterrupted availability of our online presence.
§ 10 Final provisions
(1) The purchase contract existing between us and the customer shall be subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions. However, if the customer is a consumer and has his usual place of residence in another country, he shall retain protection in accordance with the relevant provisions of the country of residence, which may not be deviated from by agreement.
(2) If the customer is a merchant within the meaning of § 1 paragraph 1 HGB, a legal entity under public law or a special fund under public law, the courts in Hartha shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship concerned. In all other cases, we or the customer may bring an action before any court competent on the basis of statutory provisions.
(3) We draw your attention to the fact that, as a consumer, you have the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013 in addition to ordinary legal action. Details can be found in Regulation (EU) No. 524/2013 and on the Internet at: https://ec.europa.eu/consumers/odr
Our e-mail address is: firstname.lastname@example.org. In accordance with § 36 VSBG, we would like to point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(4) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.