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Terms and Conditions

Terms of Service

Website translation info:
Our terms and conditions have been translated into several languages by Deepl.com. Only the German version of our terms and conditions applies, as translation errors cannot be ruled out.

Status: 1.8.2020

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

Managing Director: Francesca Martinez, BA

The following provisions (hereinafter referred to as “GTC”) are part of all offers made by FM Mein Arztbedarf GmbH and part of all contracts concluded by FM Mein Arztbedarf GmbH. They replace all other conditions or agreements that have not been approved in writing by FM Mein Arztbedarf GmbH. The version valid at the time of the conclusion of the contract is decisive. For entrepreneurs, the special conditions inserted in italics apply.

Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution, which you can find under http://ec.europa.eu/consumers/odr/ Find. We are ready to take part in an out-of-court arbitration process.

  1. Scope and Agreements

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

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

By placing an order with us at the latest, the contractual partner declares his consent to our terms and conditions and also that these apply to future business between us and the contractual partner and that no separate reference to the terms and conditions must be made for future business transactions.

Consumer / entrepreneur

If you place an order via the webshop as a consumer, you expressly declare that you are a consumer and at least 18 years of age and have full legal capacity.

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

If you do not want 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. By registering, the customer confirms that he is at least 18 years old and has full legal capacity. Multiple registrations are not permitted. If these agreements are not adhered to 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 the entire responsibility for the use of this password and all orders and declarations made using this password. It must be ensured that our e-mails are actually received (e.g. setting the spam filter) and read regularly.

  1. Disclaimer for links

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

  1. Conclusion of contract

Even if we look after our homepage with the greatest care, prices may be incorrect. The prices on the homepage are therefore subject to change. We expressly reserve the right to change prices at short notice until the binding conclusion of the contract.

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

The customer can select products from the range and collect them in a virtual shopping cart using the “shopping cart symbol”. By clicking the button “order with obligation to pay”, the customer submits a binding order or a binding offer to conclude a purchase contract for the goods in the shopping cart. Before submitting the order, it can be changed or corrected at any time. Before ordering, these terms and conditions must be bindingly accepted by ticking the box.

The confirmation email that is then sent does not yet represent a binding acceptance of the offer. It only contains the text of the contract, a cancellation policy and these terms and conditions.

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

Contracts always require the written form. The customer agrees to electronic communication for contractual purposes. This also includes the submission of offers and the issuing 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 do not include 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 a reason. In this case, we are also entitled to withdraw from the contract if it has already been concluded. Any payments already made are to be reimbursed.

  1. Shipping and delivery
  • Immediately after receipt, the customer must subject deliveries and services to an incoming inspection, which is confirmed by signing the delivery documents (delivery note or roll card). If incorrect deliveries, shortages or other defects are not reported within 5 working days after receipt of the goods or invoice, the delivery or service is deemed to have been carried out in accordance with the contract. The unopposed acceptance of goods by forwarding agents or carriers is considered proof of perfect packaging and excludes claims against FM Mein Arztbedarf GmbH for 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 and the carrier.
  • We ship to Austria and Germany to the delivery address given when we registered. We reserve the right to refuse the order for all other countries.
  • If customs fees are incurred, the end customer bears this entirely alone. Customs will invoice the customer directly for this. Here the customer also expressly agrees to be allowed to pass the data on to the customs office.
  • The delivery times can be found on our product pages. The times given apply to Austria. Shipments abroad usually take 1-2 days longer.
  • We strive to meet promised delivery dates. Events of force majeure, which not only include delayed or inadequate deliveries of goods, transport difficulties, strikes, etc., release us from the agreed delivery deadlines or these cannot be asserted.
  • Further claims, in particular claims for damages due to non-delivery or delayed delivery as well as for any other reason, are generally limited to cases of intentional breach of duty by FM Mein Arztbedarf GmbH.
  • In this context, entrepreneurs are also advised of their obligation to notify defects immediately in accordance with Section 377 of the UGB.
  1. Terms of payment

The following payment options are available to the customer:

  1. PayPal
  2. Credit card, whereby we accept VISA, American Express and MasterCard
  3. Amazon Pay
  4. by invoice (after consultation and only for regular customers)
  5. by instant transfer
  6. Klarna Payments

In the case of SEPA transfer (advance payment), the invoice amount must be instructed within 5 days of the conclusion of the contract. The goods will only be dispatched after the purchase price has been received in full on our account.

When paying via PayPal, the invoice amount due must be transferred to us via PayPal. As soon as the process on the PayPal account is completed, the goods will be sent, provided they are in stock.

When paying by credit card, the goods will only be sent 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 against prepayment or surname.

Offsetting against claims against us is only permitted if the claim has been legally established or acknowledged by us in writing.

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

Klarna:

In collaboration 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 term is[14] Days from the dispatch of the goods / the ticket / or, in the case of other services, the provision of the service. The full billing 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 installments on the terms specified in the checkout. Payment in installments is due at the end of the month after Klarna has sent a monthly invoice. You can find further information on installment purchase including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available here (only available in the countries specified): Denmark , Germany , Finland , Great Britain , Norway , Austria , Sweden .
  • Sofortüberweisung: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited immediately after you have placed your order.
  • Direct debit: The debit is made after the goods have been dispatched. You will be informed of the time by email.
  • Credit card (Visa / Mastercard): Available in Germany. The debit takes place after the goods or tickets have been dispatched / the service is available or, in the case of a subscription, according to the communicated times.
  • [PLEASE ADJUST ABOVE AND BELOW IN ACCORDANCE WITH THE PAYMENT METHODS USED]

The use of the payment methods invoice, hire 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 checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. You can find more information and Klarna’s terms of use here . You will receive general information about Klarna here . Your personal details will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna’s privacy policy treated.

  1. Complaints

If there are defects 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 sub-suppliers, the goods will be repaired or exchanged at the discretion of our customer.

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

  1. Product liability

FM Mein Arztbedarf GmbH is not regarded as a manufacturer within the meaning of § 3 PHG with regard to sold goods. Any claims that are to be asserted on the basis of the PHG must therefore be addressed to the manufacturer named on the respective product. If this cannot be found by the beneficiary, FM Mein Arztbedarf GmbH will notify this immediately upon binding request.

Failure to comply with or inadequate compliance with specified and generally known conditions for assembly, commissioning, use or maintenance (e.g. operating instructions, instructions for use) as well as disregarding warning notices or official requirements go beyond mere contributory negligence on the part of the operator in incidents and result in the loss of any Claims against the manufacturer.

Basically, the claimant for damages (customer) has a comprehensive obligation to cooperate in clarifying the matter in question.

  1. Medical device operators

According to Section 83 MPG, medical devices may only be used by people who have been instructed in proper handling of the medical device or a medical device of this type, taking into account the instructions for use and the attached safety-related information, and who have also been advised of special application and medical device-specific dangers. In particular, the operator of medical devices is obliged in accordance with Section 4 (1) MPBV to ensure that people dealing with the respective medical devices are trained by medical product advisors (Section 79 MPG). A briefing is not required for those persons for whom, based on their training, other knowledge or practical experience, it can be assumed that they are sufficiently familiar with the information specified in Section 4 (3) MPBV. The instruction must be documented.

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

  1. Repudiation

Please refer https://meinarztbedarf.com/widerruf/

  1. Guarantee

The warranty claims for consumers are based on the statutory provisions.

However, if the customer is an entrepreneur, the warranty period is 6 months. Warranty claims require that the defects that have occurred have been reported in writing and in detail within 14 working days of acceptance of the goods. A right of recourse according to § 933b ABGB is expressly excluded.

  1. guarantee

We only grant a guarantee in the event of a separate agreement. Guarantee claims can only be made in the production facilities. Freight costs for carrying out warranty work must be borne by the sender / customer.

Compensation

No guarantee is given for the correctness, completeness and topicality of the information provided on the website.

If you or FM Mein Arztbedarf GmbH suffer damage because the other contracting party violates a contractual obligation, the contracting party must pay compensation under the statutory requirements.

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

In any case, all instructions on the product packaging and the product leaflets must be observed.

  1. Place of jurisdiction and law

For all disputes from any legal transaction, the competent court for Innsbruck applies. The place of fulfillment for deliveries and payment is the company’s registered office. 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

Should one of the above or agreed conditions be ineffective, this has no effect on the validity of the remaining conditions.

  1. Retention of title

The goods remain our property until they have been paid for in full. In the event of default in payment, the customer is obliged to surrender the reserved goods after a reminder. The assertion of the reservation of title does not constitute a withdrawal from the contract, unless this is expressly stated. In the event that the goods that have not yet been fully paid for are seized by a third party 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 due to the above retention of title, the customer is liable for any shortfall in proceeds resulting from resale. He also has to reimburse the costs arising from the return transport or further transport to third parties.

  1. Newsletter dispatch

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

In any case, the customer has the right at any time to request the immediate deletion of his e-mail contact details from the databases or to request that the sending of information to him be stopped with immediate effect. FM Mein Arztbedarf GmbH will draw your attention to this fact every time information is sent and will offer you the opportunity to prohibit future sending. This does not apply to the sending of e-mails, which is essential for the ongoing processing of business (e.g. sending of letters of confirmation).

  1. Changes and additions to the homepage

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

  1. miscellaneous

If the customer purchases products that are classified as electrical or electronic equipment within the meaning of the EAG-VO, he undertakes, in accordance with Section 10 (3) EAG-VO, to ensure that the devices in question are properly disposed of after they have been withdrawn from use at their own risk and expense .

  1. data protection

In accordance with data protection law, we point out to the customer that the following data is stored in our electronic system: name, address (including e-mail address), telephone number and information on the payment process. This data is used to fulfill the contract (Art 6 Para 1 lit b GDPR) and is stored by us for the duration of the statutory warranty and product liability periods (10 years), but not passed on. In principle, the customer has the right to information, correction, deletion, restriction, data portability, revocation and objection. A letter of formal notice to this effect must be sent to our business address, zH. the managing director Francesca Martinez, BA (person responsible within the meaning of the GDPR).

Express reference is made to the data protection declaration on the homepage. The customer confirms that he has read this before concluding the contract.

  1. Affiliate marketing

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