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General Terms and Conditions

About the website
translation:
Our terms and conditions have been translated into several languages by Deepl.com. The German version of our General Terms and Group applies only, as translation errors cannot be ruled out.

As of: 1.8.2020

FM Mein Arztbedarf GmbH
FN follows, Regional Court innsbruck
Schlöglstrasse 57, 6060 Hall in Tirol, Austria

Managing Director: Francesca Martinez, BA

The following provisions (hereinafter “GTC”) are part of all offers, which are placed by FM Mein Arztbedarf GmbH as well as part of all contracts concluded by FM Mein Arztbedarf GmbH. They replace all other terms or agreements that have not been agreed in writing by FM Mein Arztbedarf GmbH. The version applicable at the time of conclusion of the contract is decisive. Entrepreneurs are subject to the separate conditions inserted in italics.

Alternative dispute resolution in accordance with Article 14(1) 1 ODR-VO: The European Commission provides an online dispute resolution (ODR) platform, which can be found at http://ec.europa.eu/consumers/odr/. We are ready to participate in an out-of-court arbitration procedure.

  1. Scope and agreements

These general terms and conditions apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with us about the goods presented in the online shop.

All agreements and commitments as well as deviations from the following agreements require our written countersignature to be legally binding. This also includes in the special terms and conditions of purchase or general terms and conditions of our customers.

By ordering us at the latest, the contractual partner declares his agreement to our General Terms and Conditions and also to the fact that these apply to future transactions between us and the contractual partner and do not have to be referred to the General Terms and Conditions separately in future transactions.

Consumers/Entrepreneurs

When you place an order through the webshop as a consumer, you expressly declare that you are a consumer and at least 18 years old and fully capable of doing business.

When you place an order through the webshop as an entrepreneur, you expressly declare that you are an entrepreneur and that it is a business-related business. In particular, conflicting general terms and conditions must be recognized in writing by FM Mein Arztbedarf GmbH in order to be valid.

If you do not wish to accept the terms and conditions, please do not place an order via the webshop.

  1. Registration in the Online Shop

When registering in our online shop, correct and complete information must be provided, which must be updated in the event of changes. The customer confirms with the registration that he is at least 18 years old and fully capable of doing business. Multiple registrations are not allowed. If these agreements are not complied with by the customer, we expressly reserve the right to delete the account.

All personal data will be treated confidentially and will not be passed on to third parties unless this is necessary for the dispatch of our products.

When registering, our customer must enter/create a password. This is confidential and may not be passed on to third parties. The customer assumes all responsibility for the use of this password and all orders and explanations placed using this password. It is important to ensure that our e-mails are actually received (e.g. setting the spam filter) and are also read regularly.

  1. Disclaimer for links

We are liable for our own content on the website and in the online shop. Insofar as we provide access to other websites with links, we are not responsible for the third-party content contained therein. We do not adopt the external content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.

  1. Contract

Even if we look after our homepage with the utmost care, erroneous price information may occur. The prices on the homepage are therefore subject to change. We expressly reserve the right to make a short-term price change until the binding conclusion of the contract.

The product descriptions contained in the online shop do not constitute an offer from us, but merely an invitation to make a binding offer by the customer. The documents attached to an offer, such as illustrations, drawings, etc., which contain weight and dimensions as well as quality and property descriptions, are only approximate and are considered unguaranteed. Only those properties that are expressly marked as such are guaranteed within the meaning of the ABGB and the UGB.

The customer can select products from the assortment and collect them via the “shopping cart symbol” in a virtual shopping cart. By clicking on the button “Order with payment”, the customer places a binding order or a binding offer for the conclusion of a purchase contract for the goods in the shopping cart. Before submitting the order, this can be changed or corrected at any time. Before ordering, these terms and conditions must be accepted by setting a tick.

The confirmation e-mail, which is then sent, does not yet constitute a binding acceptance of the offer. It contains only the text of the contract, a revocation policy and these terms and abrasion.

The purchase contract is only concluded by sending our binding order confirmation. This also applies if the purchase price has already been paid by the customer due to the chosen payment method. If the contract is not concluded in this case, we will inform the customer and refund the advance payment.

Contracts always need to be written. The customer agrees to electronic communication for contractual purposes. This also covers the placing of offers as well as the issuance and transmission of the invoice by electronic means.

Our prices are non-binding and subject to change. They are shown as gross prices on our homepage. The prices quoted are without shipping or delivery costs.

  1. Availability of goods

If a product is temporarily unavailable, we will inform the customer immediately. If the product is not available for more than 2 weeks, the customer has the right to withdraw from the contract without giving reasons. In this case, we too are entitled to withdraw from the contract if it is already concluded. Any payments already made must be refunded.

  1. Shipping and delivery
  • The customer must subject deliveries and services to an incoming inspection immediately after receipt, which is deemed to be confirmed by signing the delivery documents (delivery note or rolling card). If incorrect deliveries, short-limits or other defects are not complained of within 5 working days after receipt of goods or invoices, the delivery or service shall be deemed to have been carried out in accordance with the contract. The unclaimed acceptance of goods by forwarders or carriers is considered proof of faultless packaging and excludes claims against FM Mein Arztbedarf GmbH due to damage caused during transport.
  • The delivery costs per delivery are shown on the homepage. We expressly reserve the right to deliver in partial deliveries.
  • We are free to choose the shipping method as well as the carrier.
  • We ship to Austria and Germany to the delivery address given to us at the time of registration. For all other countries, we reserve the right to reject the order.
  • Should customs fees apply, the end customer will bear this alone. The invoice for this will be invoiced by customs directly to the customer. Here, the customer also expressly agrees to be allowed to pass on the data to the customs office.
  • The delivery times can be found on our product pages.
  • We strive to meet promised delivery dates. Events of force majeure, which do not exclusively but also include delayed or defective delivery of goods, transport difficulties, strikes, etc., release us from the agreed delivery periods or cannot be claimed.
  • Further claims, in particular claims for damages due to non-delivery or delayed delivery as well as for any other reason, are in principle limited to cases of intentionally inbreach of duty by FM Mein Arztbedarf GmbH.
  • In this context, entrepreneurs are also reminded of their obligation to notify defects without delay in accordance with Section 377 of the UGB.
  1. Payment

The following payment options are available to the customer:

  1. Paypal
  2. Credit card, where we accept VISA, American Express and MasterCard
  3. Amazon Pay
  4. by invoice
  5. by instant transfer
  6. Klarna Payments

In the case of SEPA transfer (prepayment), the invoice amount must be sent to the instructions within 5 days from the conclusion of the contract. The goods will only be shipped to our account after the purchase price has been fully receipt.

In case of payment via PayPal, the invoice amount due must be transferred to us via PayPal. Once the process is completed on the PayPal account, the goods will be shipped if they are in stock.

If payment is made by credit card, the goods will only be shipped after the booking process has been completed.

We are entitled to refuse further deliveries if there are still outstanding invoice amounts. We reserve the right to deliver deliveries against prepayment or last name.

Set-off of claims against us is only permissible if the claim has been legally established or acknowledged by us in writing.

For entrepreneurs, default interest of 9.2% above the base interest rate is agreed. Further claims for damages remain unaffected.

Klarna:

In cooperation with
Klarna Bank AB (publ)
, Sveavägen 46, 111 34 Stockholm, Sweden, we also offer the following payment options. Payment is made to Klarna:

  • Invoice: The payment period is [14] days from the dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The full accounting conditions for the countries in which this payment method is available can be found here:
    Germany
    ,
    Finland
    ,
    Great Britain
    ,
    Netherlands
    ,
    Norway
    ,
    Austria
    ,
    Sweden
    ,
    Switzerland
    .
  • Installment purchase: With Klarna’s financing service, you can pay for your purchase in fixed or flexible monthly instalments on the terms specified in the cashier. The instalment payment is due at the end of each month after klarna has sent a monthly invoice. For more information on the installment purchase, including the General Terms and Conditions and the European Standard Consumer Credit Information for the countries where this payment method is available, see here (only available in the countries indicated):
    Denmark,

    Germany,

    Finland,

    United Kingdom,

    Norway,

    Austria,

    Sweden
    .
  • Instant transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. The debiting of your account will take place immediately after placing the order.
  • Direct debit: The debit is made after the shipment of the goods. The time will be communicated to you by e-mail.
  • Credit card (Visa/Mastercard): Available in Germany. The charge will be made after dispatch of the goods or tickets / availability of the service or in the case of a subscription according to the times communicated.
  • [PLEASE ADJUST ABOVE AND BELOW IN ACCORDANCE WITH THE PAYMENT METHODS USED]

The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit check as part of the purchase initiation and execution of the purchase contract. Please understand that we can only offer you those payment methods that are permitted on the basis of the results of the credit check. More information and Klarna’s Terms of Use can be found
here
. General information about Klarna can be found
here
. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information provided in Klarna’s privacy policy.

  1. Defects

If defects appear in our goods, the notification of defects must be reported in writing immediately (after receipt of the goods). After checking the defects by us or our suppliers, the goods will be repaired or replaced at the discretion of our customer.

Further claims are excluded in accordance with Section 8 of the Product Liability Act. If an already externally damaged goods are received, the complaint must be addressed directly to the carrier (forwarding agent).

  1. Liability

FM Mein Arztbedarf GmbH is not considered to be the manufacturer of iSd section 3 PHG with respect to distributed goods. Any claims to be asserted on the basis of the PHG must therefore be addressed to the manufacturer designated on the respective product. If this cannot be found by the claimant, FM Mein Arztbedarf GmbH will immediately notify them upon mandatory request.

Non-compliance with established and generally known conditions for assembly, commissioning, use or maintenance (e.g. operating instructions, usage information) as well as non-compliance with warnings or official requirements goes beyond the operator’s mere complicity in incidents and leads to a loss of any claims against the manufacturer.

In principle, the claimant (customer) has a comprehensive obligation to cooperate in the clarification of the facts in question.

  1. Operators of medical devices

Pursuant to Section 83 of the MPG, medical devices may only be used by persons who have been instructed in the proper handling of the medical device or a medical device of this type, taking into account the instructions for use and the accompanying safety-related information, and who have also been advised of special risks specific to use and medical devices. In particular, the operator of medical devices is obliged to ensure the enrolment of persons dealing with the respective medical devices by medical device consultants (Section 79 MPG) in accordance with Section 4 (1) MPBV. A briefing is not necessary for persons for whom, on the basis of their training, other knowledge or on the basis of their practical experience, it can be assumed that they are sufficiently aware of the information referred to in Paragraph 4(3) of the MPBV. The briefing must be documented.

The provision and transmission of detailed manufacturer and test protocols (e.g. Section 3 (3) MPBV) is generally subject to a charge and to be paid by the requester/customer.

  1. Wideruf

See https://meinarztbedarf.com/widerruf/

  1. Ensure

The warranty claims for consumers are governed by the statutory provisions.

However, if the customer is an entrepreneur, the warranty period is 6 months. Warranty claims presuppose that the defects that have occurred have been notified in writing and in detail within 14 working days of the acceptance of the goods. A right of recourse in accordance with Section 933b of the German Civil Code (ABGB) is expressly excluded.

  1. Guarantee

Warranty is provided by us only with a separate agreement. Guarantee claims can only be established in the establishments of the producers. Freight costs for carrying out warranty work must be borne by the submitter/customer.

Damages

No guarantee is given for the correctness, completeness and up-to-dateness of the information provided on the website.

If you or FM Mein Arztbedarf GmbH suffers damage because the other party violates a contractual obligation, the infringing party shall pay compensation under the statutory conditions.

For entrepreneurs: FM Mein Arztbedarf GmbH is liable – except for personal injury – to entrepreneurs exclusively in the event of gross negligence.

In any case, all references to the product packaging and the product inserts must be observed.

  1. Place of jurisdiction and law

The court with jurisdiction for Innsbruck applies to all disputes arising from any legal transaction. Place of performance for deliveries and payment is the registered office of the company. All contracts are concluded under Austrian law. The UN Sales Law and the reference standards are expressly excluded.

In the case of entrepreneurs, this is agreed as the exclusive place of jurisdiction.

  1. Ineffective terms and conditions

Should any of the above or agreed terms be legally ineffective, this shall be without influence on the validity of the remaining conditions.

  1. Ownership

Until full payment is made, the goods remain our property. In the event of a delay in payment, the customer is obliged to hand over the goods subject to retention of title after a reminder. There is no withdrawal from the contract in the assertion of the retention of title, unless this is expressly stated. In the event that the goods not yet fully paid are seized by third parties or, if necessary, executed by the authorities, the customer undertakes to notify us immediately so that we can assert our property against the third party. If we take back delivered goods on the basis of the above retention of title, the customer shall be liable for any lower proceeds resulting from resale. It must also reimburse the costs incurred by the return or onward transport to third parties.

  1. Newsletter

FM Mein Arztbedarf GmbH will always send such information only to e-mail addresses, which the customer (or his employees and agents) has voluntarily made available to it in the course of business contacts or to those which are publicly available to the public.

In any case, the customer has the right at any time to request the immediate deletion of his e-mail contact data from the databases or to demand that the sending of information to him be stopped with immediate effect. FM Mein Arztbedarf GmbH will also draw attention to this circumstance with every shipment of information and offer the possibility to prohibit future shipment. This does not apply to e-mail, which is indispensable for the ongoing processing of transactions (e.g. sending confirmation letters).

  1. Changes and additions to the homepage

FM Mein Arztbedarf GmbH reserves the right to change/adapt/replace/replace/update and/or delete individual or all information and data on this homepage at any time.

  1. Other

If the customer purchases products that are considered to be electrical or electronic equipment iSd EAG-VO, he undertakes to ensure the proper disposal of the relevant devices after their withdrawal from use at his own expense and risk in accordance with Section 10 (3) eAG-VO.

  1. Privacy

In accordance with data protection law, we would like to point out to the customer that the following data is stored in our electronic system: name, address (incl. e-mail address), telephone number and information about the payment process. This data is used for the fulfilment of the contract (Art. 6 sec. 1 lit b GDPR) and is stored by us for the duration of the statutory warranty and product liability periods (10 years), but is not passed on. In principle, the customer has the rights to access, rectification, deletion, restriction, data portability, revocation and opposition. A letter of formal notice has been sent to our business address, e.g. managing director Francesca Martinez, BA (responsible iSd GDPR).

The data protection declaration on the homepage is expressly referred to. The customer confirms that he has read them before concluding the contract.

  1. Affiliate Marketing

We offer other companies worldwide the opportunity to promote products on a commission basis for FM Mein Arztbedarf GmbH. We hereby expressly point out that we have no influence on the way our affiliate partners promote our affiliate links. Therefore, if you have any questions about any advertising broadcasts, please contact the advertiser directly. FM Mein Arztbedarf GmbH distances itself from any promotions by third parties or affiliate partners.