General Terms and Conditions for orders by fax, telephone or email

General Terms and Conditions (GTC) for orders by fax, telephone or email
 
Tomed GmbH (Date of information: 1 November 2019)
 
1. Scope
The following General Terms and Conditions (GTC) for orders placed by fax, telephone or email apply both to orders placed by consumers and by entrepreneurs, unless otherwise specified in the individual terms and conditions.
 
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed mainly to his commercial or self-employed professional activity. Entrepreneur is a natural or legal entity or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
 
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby objected to; they only become an integral part of the contract if we have expressly agreed to them.
 
2. Contracting Party, Conclusion of the Contract
The contract of sale is concluded with Tomed GmbH.
We accept your order by sending a separate order confirmation by email or fax or by the delivery of the goods.
 
3. Language of Contract
The languages available for the conclusion of the contract are German and English.
 
4. Terms of Delivery
Partial deliveries are permitted, unless the customer has no obvious interest in it or these are not reasonably acceptable to him. In the case of partial deliveries, postage and packaging costs are charged only once. Events of force majeure, supply difficulties and operational disruptions at suppliers, traffic disruptions as well as resulting consequences release us and correspondingly the buyer completely or partially from the fulfilment of the contract, without compensation for damages can be asserted.
 
We only deliver via shipping route. Unfortunately, it is not possible to pick up the goods yourself.
 
In addition to the product prices, shipping costs will be added. Shipping costs within Germany net € 3,32 plus VAT (DHL package) or net € 4,53 plus VAT (UPS). Complete onward charging of the shipping costs with foreign orders.
 
5. Prices and Payment
The prices quoted at the time of the order shall apply. All prices include the legal VAT.
 
Basically, for orders by fax, telephone or email we offer the payment methods prepayment, PayPal, invoice and SEPA direct debit. We reserve the right to refuse certain payment methods for each order and to refer to other payment methods.
 
Prepayment:
If you choose the payment method prepayment, we will inform you of our bank details by email or fax and deliver the goods after receipt of payment.
 
PayPal:
You pay the invoice amount via the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment order to us.
 
Invoice (exclusively for orders from inside Germany):
If you purchase on account, you undertake to transfer the invoice amount within 14 days after receipt of the goods to the indicated bank account. For commercial customers, the individually agreed regulations in each case shall apply. For reminders, we have the right to charge you for the second and all subsequent reminders dunning costs of EUR 5.00 per reminder process, unless the buyer can prove that the seller has incurred significantly lower or no reminder costs. In the event of a delay in payment, you undertake to reimburse us for all costs, expenses and cash expenses incurred by us as a result of pursuing our claims. This includes, regardless of the legal obligation to reimburse costs, also all extrajudicial costs of an authorized collection agency or lawyer.
Method of payment available for orders from inside Germany only.
 
SEPA direct debit (exclusively for orders from inside Germany):
By placing an order, you give us a SEPA direct debit mandate. We will inform you about the time of the debit of your account (so-called prenotification). Prenotification is any notification (e. g. invoice) to the customer announcing a debit by SEPA direct debit. By submitting the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be executed automatically and your bank account will be debited. The debit will be made after you have received the goods. The period for advance notice of the date of debiting is 14 days.
Method of payment available for orders from inside Germany only.
 
6. Retention of Title
The goods remain our property until payment in full is received.
 
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
 
7. Transport Damages
For consumers, the following shall apply:
If goods with obvious transport damages are delivered, please complain about such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact will have no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
 
For entrepreneurs, the following shall apply:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the freight forwarder, carrier or any other person or institution designated to carry out the shipment. The duty to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies to merchants. If you omit to make the notification stipulated therein, the goods shall be considered approved, unless this concerns a defect that was not recognisable at the time of inspection. This does not apply if we have fraudulently concealed a defect.
 
8. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
 
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for claims for recourse according to § 478 BGB remain unaffected.
 
With respect to entrepreneurs, only our own statements and the manufacturer’s product descriptions which have been included in the contract shall be deemed to be an agreement on the quality of the goods; we do not incur liability for public statements by the manufacturer or other advertising statements.
 
If the delivered item is defective, we initially guarantee to entrepreneurs, at our discretion, to either rectify the defect (rectification of defects) or to supply a defect-free item (replacement delivery).
 
The restrictions and time limits stated before do not apply for claims of damages caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health
  • in case of willful or grossly negligent breach of duty as well as fraudulent intent
  • in case of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed upon
  • insofar as the scope of application of the Product Liability Act is opened.

Customer service: You can contact our customer service for questions and complaints Monday to Friday from 9:00 a. m. to 4:00 p. m. by calling +49 221 17067206 or by e-mailing info@tomed.com.
 
9. Liability
We are always fully liable for claims arising from damage caused by us, our legal representatives or vicarious agents.

    • in case of injury to life, body or health
    • in case of intentional or grossly negligent breach of duty
    • in case of guarantee promises, if agreed, or
    • insofar as the scope of application of the Product Liability Act is opened

In the event of a breach of essential contractual obligations, the fulfilment which is necessary for the proper execution of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) through ordinary negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount of the damage foreseeable at the time of conclusion of the contract, which must typically be expected to occur. In all other respects, claims for damages are excluded.
 
10. Code of Conduct
We have submitted to the following codes of conduct:
Trusted Shops Quality Criteria
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
 
11. Online Dispute Resolution
The European Commission provides an online dispute resolution platform which you can find here http://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute settlement procedure in front of consumer arbitration board.
 
12. Final Provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
 
If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
 
 
Tomed GmbH
Im Rapsfeld 57
50933 Köln – Germany
Commercial registry: District Court Köln HRB 80402
VAT Identification Number: DE293519110
Managing Director/ CEO: Aylin Yildiz & Suzan Dönmezer
Tel.: +49 221 17067206
Fax: +49 221 17067207
Email: info@tomed.com