Kauf auf Rechnung
Gratis Versand ab € 99 EUR Bestellwert
30 Tage kostenloser Umtausch
Beratung/Bestellung +49 (0) 2303-89991
 

Terms and Conditions

§ 1 General

  1. The following general terms and conditions are binding for all contracts concluded with us and with our online shop. We do not accept any conditions of the buyer  Of the terms and conditions deviating conditions of the buyer or those that conflict with our own terms and conditions. Exceptions are possible only if we expressly agreed in writing their validity.
  2. The range of products in our web shop is aimed at both consumers and traders, however, only to end-users. For purposes of these terms and conditions, a consumer is any natural person who enters into the contract for a purpose which can neither be attributed to their commercial or independent professional activity (§ 13 of the Civil Code – BGB) and as “entrepreneurs”, an individual or legal person or a legal partnership, in concluding the contract in their commercial or independent professional activity (§ 14 Abs. 1 BGB).
  3. The terms and conditions listed are for all future transactions with the customer, in so far as it is related legal transactions, valid.
  4. Contracts with customers are concluded in the German language.

§ 2 Conclusion of Contract, price labeling

  1. Our offers in the web shop are not binding. The prices on our website are retail prices. They contain the force at the time of ordering statutory value-added tax. Packaging and shipping costs are only included in the price, if it is designated for the product. Prices and rates for industrial users are identified and possibly expelled without VAT.
  2. The commitment made by the customer order is binding. The customer is bound to the offer until the end of the third day following the day the tender business day. The acceptance of the offer can take place within three weeks by sending an order confirmation or within this period by sending the ordered goods. The purchase contract is concluded either by our written Auslieferbestätigung via email or by shipment of the goods.
  3. Guarantees, collateral agreements, excess deliveries, changes or additions to the contract that are not expressly stated in our order confirmation are only valid if made in writing. Our employees are not authorized to make verbal assurances or to make verbal side agreements.

§ 3 Shipping, insurance and transfer of risk

  1. Der Versand erfolgt ins In- und Ausland (weltweit).
  2. Shipped (worldwide) in the home and abroad.
  3. Unless otherwise expressly agreed, we in our reasonable discretion determine the appropriate type of shipment and the carrier. Multiple simultaneous orders are carried out with a delivery. If partial deliveries are caused by us, the customer shall receive free shipping for the rest of the delivery. For partial deliveries that are initiated by the purchaser, the purchaser shall bear shipping or additional costs.
  4. We owe only the timely, proper delivery of the goods to the carrier and are not responsible for delays caused by the carrier. A delivery time that is mentioned in the webshop is therefore not binding.
  5. If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the goods delivered to the customer passes at the time, at which the goods are delivered to the customer or the customer is in default of acceptance. By the delivery of goods to the shipping company immediately get the risk in all other cases to the customer.
  6. When ordering within the meaning of § 14 BGB, that to natural or legal persons or unincorporated association, which enters into a legal transaction in the exercise of their commercial or independent professional activity, the risk is transferred by sending the goods to the buyer.
  7. We will insure the goods against the usual risks of transport at our expense.

§ 4 Postage, packaging, payments

  1. Postage and packing rates for inland are included or separately. Abroad, the prices vary and must be requested each of Dr. Berndsen GmbH.
  2. Delivery is against the following payment methods available in our shop:

    Payment in advance
    If you choose the payment method of payment, we will call you our bank account in separate e-mail and deliver the goods after payment received.
    PayPal, PayPal Express
    In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register, authenticate with your access data and confirm payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is automatically executed by PayPal immediately afterwards. You'll get more information during the ordering process.
    PayPal Plus
    As part of the PayPalPlus payment service, we offer various payment methods as PayPal services. You will be redirected to the website of PayPal. There you can specify your payment data, confirm the use of your data by PayPal and payment instructions to PayPal.
    If you have selected the PayPal payment method, you must be registered there or have to register and authenticate with your access data in order to be able to pay the invoice amount. The payment transaction is automatically executed by PayPal immediately after confirmation of the payment instruction. You'll get more information during the ordering process.
    If you have chosen the payment type credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company immediately upon confirmation of the payment instruction and as a legitimate cardholder at the request of PayPal and your card will be debited. You'll get more information during the ordering process.
    If you have selected the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. With confirmation of payment instructions, you issue PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (Prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests his bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You'll get more information during the ordering process.
    If you have selected the payment method Invoice, you do not need to be registered with PayPal in order to be able to pay the invoice amount. After successful address and creditworthiness checks and placing of the order, we withdraw our claim to PayPal. In this case, you can only pay to PayPal with a debt-free effect. Payment processing via PayPal - in addition to our general terms and conditions - apply the terms and conditions and the data protection of PayPal. You can find further information and the full terms and conditions of PayPal for the purchase of your purchase here: https://www.paypal.com/en/webapps/mpp/ua/pui-terms?locale.x=en_GB.
    SOFORT Überweisung
    After submitting the order, you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account activated with PIN / TAN procedures for the participation in SOFORT Überweisung, you must appropriately legitimate and confirm payment instructions to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately by SOFORT Überweisung and your account is debited.
    Amazon Pay
    In the ordering process you will be forwarded to the website of the online provider Amazon before the completion of the order process in our online shop. In order to process the order process via Amazon and to pay the invoice amount, you must be registered there or have to register and authenticate with your access data. There you can choose the shipping address and method of payment stored at Amazon, confirm the use of your data by Amazon and the payment instructions to us. Afterwards, you will be returned to our online shop, where you can complete the order process. Immediately after ordering, we request Amazon to initiate the payment transaction. The payment transaction is performed automatically by Amazon. You'll get more information during the ordering process.

    Payments by check are not accepted. We reserve the right to refuse a delivery against invoice and insist on payment in advance.

§ 5 Delivery time

  1. Delivery will be made immediately, at most 14 days after payment of of the purchase. If this deadline is exceeded, we will notify the customer about the the reasons of the delay – via email, via SMS, phone or letter. If the goods ordered are not available in-house or at our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract.

§ 6 Withdrawal, return duty

  1. The following provisions for Withdrawal and return obligation only apply to consumers within the meaning of § 13 BGB, ie natural persons who enter into a legal transaction for a purpose that is neither commercial nor their independent vocational activity may be attributed.
  2. The purchaser may revoke his declaration of contract within 4 weeks without giving reasons in writing (eg by return of confirmed E.-mail, letter or fax) or by returning the goods. The period begins with receipt of the goods. To meet the deadline it suffices to send the revocation or thing. The revocation must be sent to: Dr. Berndsen GmbH, waterway 25, D-59423 Unna, Fon: +49 (0) 2303 89991 Fax: +49 (0) 2303 89886, E-mail: buero@drberndsen.de.
  3. In case of cancellation we will refund the customer immediately paid his payments to us. The customer’s legal rights due to delayed delivery are not affected by the above regulation.
  4. In the case of an effective return the company Dr. Berndsen GmbH receives the received goods and services completely. Are usages been drawn by the goods, so these are also to be returned.
  5. Dispatchable goods are returned by the purchaser. For the customer, the return is free of charge by a package delivery service. For dispatch capable goods pick-up is caused by us. Unprompted returned goods or goods for which there is no withdrawal and return, we stock for the customer four weeks long, to have withdrawn without the goods it.
  6. When returning from countries with special customs regulations (eg Switzerland) the purchaser has to pay attention to a proper declaration of returned goods. Handling charges by customs because of incorrect declared return are charged to the customer account.
  7. Can the buyer received the goods do not return or wholly or partially in a deteriorated condition is, where appropriate, to pay compensation by the purchaser. If a deterioration of the goods on the test, as it would have been possible in a retail shop, shall not imply its deterioration. The purchaser can avoid the compensation duty, by not using the goods as an owner in use and omitting everything, which impairs the value of the goods. We expressly point out that devices that are used in the intended use in contact with human excrement and body fluids, as well as sound recordings are already consumed / degraded with the opening of the package and the customer has then to provide compensation in case of withdrawal.

§ 7 Warranty

  1. If the goods supplied subject to a material defect, the customer of us can first of all demand the elimination of the defect or delivery of defect-free goods; the customer is an entrepreneur, we can choose a defect-free between the defect or delivery. The choice can be made to the customer within three working days after notification of the defect by displaying only in writing (also by fax or email). We may refuse the type of subsequent performance chosen by the purchaser if this is possible only with disproportionate costs.
  2. If the subsequent performance in accordance with Clause. 7 (1) fails or the customer is unreasonable or if we refuse subsequent performance, the customer is entitled each in accordance with the applicable law, withdraw from the contract, reduce the purchase price or to claim damages or reimbursement for his futile expenses. For claims of the customer for damages also the specific provisions of clause apply. 9 of these General Terms and Conditions.
  3. The warranty period for new goods two years and for used one year after delivery, if the customer is a consumer, otherwise months from delivery.
  4. Only apply to companies the following applies: The customer must inspect the goods immediately after sending carefully. The delivered goods shall be deemed approved by the customer, if a defect (ii) will be displayed within five working days after discovery of the defect we are not (i) in the case of obvious defects within five working days after delivery or otherwise.

§ 8 Liability

  1. We are liable under the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence of our representatives or agents. Insofar as we are not charged with intentional breach of contract is overloaded, the liability for damages is limited to foreseeable, typically occurring damage.
  2. We are liable under the statutory provisions if they culpably violated an essential contractual obligation; in this case, however, liability for damages is limited to foreseeable, typically occurring damage.
  3. Moreover, the liability for damages is excluded; as far as we are especially not liable for damages which have not occurred on the delivery item itself.
  4. The mandatory provisions of the Product Liability Act remain unaffected.
  5. Claims for damages due to impossibility or inability remain unaffected.
  6. Any further liability for damages – regardless of the legal nature of the asserted claim – is excluded. This applies in particular to claims for damages from culpa in contrahendo, positive breach of contract or tortious claims under § 823 BGB.
  7. As far as the liability for damages towards us is excluded or limited, this also applies with regard to the personal liability of our employees, workers, employees, representatives and agents.
  8. Notwithstanding the above provisions and the still following limitations of liability shall be liable the company Dr Berndsen GmbH fully for damage to life, limb or health that are based on an intentional or negligent breach of duty by our legal representatives or our vicarious agents, as well as for damages resulting from any liability under the Product Liability Act are included, as well as for all damages based on intentional or grossly negligent breaches of contract and fraudulent intent by our legal representatives or our vicarious agents. As far as we have given with regard to the goods or parts thereof, a guarantee of quality, we are also liable under this warranty. For damages based on the lack of guaranteed quality, but not directly to the goods, we are only liable if the risk of such damage is clearly covered by the quality and durability guarantee.
  9. We are also liable for damages caused by simple negligence, if this negligence concerns the breach of contractual obligations, the fulfillment of the purpose of the contract is of particular importance (cardinal obligations). However, we are only liable if the damages are typically connected with the contract and foreseeable. In simple negligent infringements of non-substantial secondary obligations, we shall not incidentally. The limitations of liability contained in sentences 1-3 also apply, if the liability for the legal representatives, executives and other vicarious agents is concerned.

§ 9 Technical advice

  1. Purchaser must comply with the technical advice in speech and writing intended and safe use of our products. In cases of doubt, the advice of a nominee of the company Dr. Berndsen GmbH consultant must be obtained.

§ 10 Retention of Title

  1. The delivered goods remain until full payment of all our claims in our property. In breach of contract, in particular default in payment, we are entitled to reclaim the delivered goods, or, where appropriate, to demand assignment of the claims against third parties to us. With the withdrawal of goods by us, there is a withdrawal from the contract. After taking back the goods we are entitled to realize. The proceeds will be less reasonable costs, be credited against the customer’s liabilities.
  2. The purchaser is obliged to treat the delivered goods with care.
  3. If third party access to the goods the buyer shall point immediately to our property and inform us immediately by telephone and in writing by the access of third parties notified so that an action under § 771 ZPO can be initiated. If the third party is unable to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the buyer is liable for the loss incurred by us.
  4. The purchaser of the goods is entitled to process the delivered goods in the ordinary course of business and sell as long as he is not in default of payment. Pledges or collateral assignments are inadmissible. The resulting from the resale or another legal reason regarding the goods delivered receivables by the purchaser already precaution in the amount of the final invoice amount (including VAT) assigned to us, regardless of whether the purchaser resells the goods delivered before or after processing. To collect this debt the purchaser will remain after assignment, however, remains our right to collect the receivables, unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the collected proceeds, does not fall into arrears and no petition for bankruptcy, or insolvency proceedings is made or payments are suspended. If this is the case, the customer has to give us, at our request the assigned receivable and their debtors, to provide all information necessary for collection, hand over the relevant documents and notify the debtor (third party) of the assignment.
  5. If the goods delivered by us are inseparably mixed with other items which are not our property, we shall acquire joint ownership of the new item in proportion of the value of the goods (final invoice amount including VAT) to the other mixed objects at the time of mixing. If the mixing is such that the purchaser’s item is to be regarded as the main item, it is agreed that the purchaser transfers proportional joint ownership to us. The purchaser shall keep the sole ownership or co-ownership for us without charge.
    6. We are committed ourselves to release securities due on demand at our discretion to the extent that they exceed the secured accounts receivable by more than 10%, the selection of securities to be released lies with us.

§ 11 Payment deadline, late payment

  1. Delivery is generally against payment in advance by bank transfer or via the payment service PayPal. We reserve the right to refuse a delivery against invoice and to insist on payment in advance. Payments by check sent is excluded. For explicitly agreed upon payments of goods and services against an invoice, a payment period of 14 days after the invoice date without discount, set.
  2. The customer is automatically in arrears, provided that 30 days is after receipt of the goods, for us no availability on the invoice amount.
  3. Late payments or deferral entitle us to survey interest amounting to 5 percentage points above the base rate. The assertion of actually incurred greater damage caused by delay is also possible.
  4. In case of default, to stop work on current orders can be set. The prepayments of all, even those not yet due, receivables, including deferred amounts or appropriate security benefits can be claimed immediately.
  5. If required advance payment or security within a reasonable period is not forthcoming, we can withdraw from the contract or claim damages for non-performance. For lump-sum reminder costs of € 5.00 will be required. The buyer is obliged, without prejudice to further obligations to pay compensation to pay these costs if he can not prove that we suffered damage in much lesser extent.

§ 12 Changes of terms and conditions

  1. We reserve the right to make changes of service, rules, conditions including utilization and service conditions at any time.
    The previously agreed purchase agreement relating to the terms and conditions, contract terms and conditions of use that are in effect at the time at which the orders were to give up or we otherwise payer services were rendered. If one of these conditions is held to be invalid, void or for any reason unenforceable, these rules shall be deemed severable and not affect the validity and enforceability of any remaining provisions.

§ 13 Minors

  1. Minors can not purchase products from us. Persons under 18 years shall not engage, composed of a parent or guardian orders.

§ 14 Fulfillment and jurisdiction

  1. All orders that are addressed to us. performance shall be D-59423 Unna.
  2. For customers who apply as an entrepreneur within the meaning of § 14 BGB, ie a natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their commercial or independent professional activity is, according to the place of jurisdiction for all mutual claims the place D-59423 Unna set. In addition, we reserve the right to choose the jurisdiction, which is associated with the residence of the purchaser in the event of litigation.
  3. For customers who are consumers 13 BGB in accordance with §, according to a natural person, who concludes a legal transaction for a purpose that is neither commercial nor their independent vocational activity may be attributed, it remains in legal Reglungen of jurisdiction.

§ 15 Applicable Law

  1. The law of the Federal Republic of Germany shall apply. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1980 is excluded.

§ 16 Privacy, Security

  1. We can process and store, to the extent necessary for the execution and settlement of the purchase contract and as long as we are obliged to store this data by law the data concerning the respective purchase agreements.
  2. We reserve the right to transfer personal information of the Customer to credit agencies, to the extent necessary for the purpose of a credit check, provided the customer hereby agrees, in individual cases expressly agrees. We will not otherwise pass on personal customer data without the explicit consent of the customer to third parties stated, except in so far as we are legally obliged to return data.

§ 17 Industrial property rights and copyrights

  1. The customer is granted the non-exclusive right to use the delivered goods with the software associated with the use of the goods.
  2. The customer is not entitled to make copies of the Software, except for the purpose of use in accordance with Clause. 8 (1) or for hedging purposes.
  3. The customer may transfer the granted to him on the software rights to a third party only if the same title to the product in question (in particular hardware product) is transferred to these third parties and the customer retains no copies of the Software.
  4. We are under no obligation to disclose the source code of the software.

§ 18 Severability clause

  1. If any provision or should be or become more provisions of these terms and conditions invalid or void, then the validity of the remaining provisions and the terms and conditions overall remain unaffected.

 

Our contact information

Dr. Berndsen GmbH
Wasserstrasse 25
D-59423 Unna
Germany

Managing Director: Sabine Berndsen
Trade register number: HRB 4137, Amtsgericht Hamm/Westf.

Fon: +49 (0)2303 89991
Fax: +49 (0)2303 89886
E-Mail: info@drberndsen.de

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