General Terms and Conditions
General terms and conditions for the Online shop Rund-ums-Bein
ECOSANA medical products
an FMT Medizintechnik GmbH subsidiary
Hereafter called Rund-ums-Bein.
§1 Scope of application
ECOSANA medical products operates for commercial reasons under the domain www.rund-ums-bein.de a homepage and offers customers on these websites products for sale via the internet.
The following General Terms and Conditions (AGB) apply to the business relationship between ECOSANA medical products/Rund-ums-Bein Onlineshop and the customer in their version valid at the time the order is placed. Conflicting Terms and Conditions of the customer require to be effective the written confirmation of ECOSANA medical products/Rund-ums-Bein Onlineshop. (The Terms and Conditions can be loaded by the customer into memory. On request they can be requested in digital or written form under www.rund-ums-bein.de or under the email address info@rund-ums-bein .de
§2 Conclusion of the Contract
(1) Products are presented in the online shop to invite customers to place orders. By clicking the button (order) you place a binding order.
(2) We can accept your order by emailing an acknowledgement of your order or dispatching the goods within five days. Confirmation of receipt of order does not yet constitute acceptance of an offer to buy.
(3) Should our acknowledgement of order contain a clerical or typing error or should the price fixed be subject to technical transmission errors, we are entitled to contest the matter but must provide you with proof an error was committed.
§3 Service Telephone
Rund-ums-Bein can in respect of the products be contacted by phone. Monday to Friday between 9.00 and 17.00 under +49 (0) 951 - 40 777 534
The prices mentioned on the product pages include VAT and other price components but with postal charges to be added.
The minimum order value is €20 includ. VAT
§5 Shipping Costs
The shipping costs are automatically calculated for the country in question. The countries we currently deliver to can be found in our shipping charges. Rund-ums-Bein will answer your questions relating to orders already placed with regard to changes, additions and/or product range restrictions at short notice. As long as the customer wishes up to 2 working days before the planned delivery a product change, addition and/or restriction, Rund-ums-Bein will take this, as far as possible, into account.
§6 Terms of payment
(1) Rund- ums-Bein issues the customer an invoice for the goods ordered, which will be presented with the goods when delivered. Rund-ums-Bein delivers on the basis of the following payment options: payment in advance, COD, direct debit and all payments via PayPal and Moneybookers.
Payment in advance is taken into account when issuing the invoice.
Furthermore, Rund-ums-Bein reserves the right to deliver goods to regular customers with payment on receipt of invoice. In the case of delivery with payment on receipt of invoice all invoice amounts are due for payment at the latest 14 days after receipt of invoice. We reserve the right to exclude specific types of payment.
(2) Prices on the invoice are at all times final prices inclusive of VAT
(3) Is the invoice amount not paid within 30 days after receipt of goods and invoice, this will result in delay in payment without the need for a reminder. In the case of delay in payment the customer is obliged in as far as he is a consumer to pay an annual interest rate of 5% above the basic rate and if a trader 8% above the basic rate.
In the case of payment by direct debit the customer may have to bear the costs that result from a payment transaction being reversed because of lack of funds or that result from bank data having been wrongly transferred.
The right to set off a claim is only granted to the customer when his counterclaim has been legally proven or is uncontested or has been acknowledged by us in writing.
The customer can only exercise a right of retention in as far as the claims result from the same contractual relationship.
§7 Retention of Title
The goods shall remain our property till full payment has been made. Before transfer of title the customer is not entitled to pledge or assign as security, process or redesign the goods without our consent.
§8 Right of cancellation
Right of cancellation:
You may cancel without stating any reason your contract within 14 days in writing (eg letter, fax, email) or – when the item was delivered before the deadline - also by returning the item. The cancellation period commences on receipt of the cancellation terms and conditions in writing, however, not before receipt of the goods by the purchaser (in the case of repeat deliveries of similar goods not before receipt of the first partial delivery) nor before we have observed our obligation to inform in accordance with Article 246 §2 in connection with §1 Sections 1 and 2 EGBGB and our obligations in accordance with §312g Section 1 Clause 1 BGB in connection with Article 246 §3 EGBGB. To observe the cancellation period it suffices to send the cancellation or the purchase in time. The cancellation is to be addressed to:
Rund-ums-Bein-Onlineshop, ECOSANA Medizinprodukte, Heganger 16, 96103 Hallstadt, Fax: +49 (0) 951 - 40 777 535 or email: firstname.lastname@example.org
and testing a particular product as is possible and usual in a retail store. Items that can be shipped by normal parcel services to be returned at our risk. You are to pay the regular costs of returning the items when the item delivered corresponds to the item ordered and when the price of the items being returned does not exceed 40 euros, or when in the case of items exceeding this amount you have not yet at the time of cancellation made payment or made a contractually agreed partial payment. Otherwise, returning the items is free of charge. Items not sent by normal parcel services will be collected from your premises. The obligation to refund payments must be met within 30 days. The term of repayment begins the moment your cancellation request has been sent or the item has been received by us.
End of cancellation terms and conditions
The right of cancellation does not apply in the case of items made to customer specifications or specifically tailored to personal requirements.
Damage or smutching is to be avoided. Please return the items as far as possible in the original packaging with all accessories and all packing materials. Please repackage for added protection, if required. If the customer no longer has the original packing, he must ensure that the goods are suitably packed to provide sufficient protection against damage during transportation.
Please return by insured parcel post and retain the mailing receipt. We are also happy to refund upon request in advance the postal charges in as far as they are not to be borne by you.
Please call us on tel. no +49(0)9522/707029 before returning the items to announce the fact in advance. This enables the fastest possible allocation of the products.
9 Coverage of Costs
If you execute your right to cancel, you shall be liable for the standard costs of returning goods if the goods delivered correspond to those ordered and the cost of the returned item does not exceed €40.00 or if the item price exceeds this amount but at the time of cancellation you have not yet paid in full or made the contractually agreed partial payment. In all other cases, you shall not be liable for the cost of returning the goods.
The warranty is subject to legal provisions. With regard to all defects occurring during the statutory warranty period of two years from the time of delivery the customer has a statutory right to supplementary performance ( at the customer’s discretion: remedy of defects or replacement) and – insofar as the statutory prerequisites are met – the statutory right to a price reduction or withdrawal and additionally compensation. The customer shall grant us two opportunities to remedy the defects unless beforehand we were granted a reasonable period of grace, which elapsed without result. If the kind of supplementary performance requested by the customer is only possible at a disproportionate cost, any claim is restricted to a different kind of supplementary performance.
We cannot accept warranty in respect of any damage or defects arising from the inappropriate use, operation and storage of the goods, negligent or deficient care and maintenance, excessive use or improper repair work carried out by an unauthorized service partner.
Should the customer want a defective product to be repaired or exchanged, please return the product to us free of charge.
We cannot be held liable for any breach of our obligations due to minor negligence, in as far as such a breach does not pertain to any of our basic contractual obligations nor cause damage resulting in death, physical injury or ill health nor affect any claims under product liability law. The same applies to breach of obligations by a servant of the company.
§12 Force Majeure
In case Rund-ums-Bein cannot provide the service due because of force majeure, the company is exempt from its obligations to perform for the duration of the any hindrance.
Is Rund-ums-Bein not able to carry out the order or deliver the goods for more than a month because of force majeure, the customer shall be able to withdraw from the contract.
§13 Final Provisions
The language of the contract is German
If a condition of these General Terms and Conditions becomes invalid, the remainder of the contract remains valid. In place of the invalid condition the relevant legal regulations shall apply.