General Terms and Conditions
Filteria.de - Medical Trade Jürgen Single
or: The Fine Print
or: The Fine Print
General Terms and Conditions | ||
| All deliveries, services, and offers from Medizinischer Handel Jürgen Single (hereinafter referred to as Filteria) are made exclusively on the basis of the following General Terms and Conditions. Deviating conditions of the customer are not recognized unless expressly agreed upon in writing. A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. In commercial transactions, our General Terms and Conditions also apply to all future transactions with the customer. Supplementary agreements, assurances, or amendments to these General Terms and Conditions are only binding if expressly and in writing acknowledged by Filteria. | ||
Offers | ||
| All offers from Filteria are non-binding unless otherwise specified. The information provided in catalogs, price lists, circulars, brochures, and similar documents by Filteria is approximate and is for informational purposes only. | ||
Orders | ||
| Customer orders can be placed in writing (including by fax or email) or verbally. If the customer's order qualifies as an offer under § 145 of the German Civil Code (BGB), Filteria may accept it within four weeks. Orders may be rejected if they cannot be fulfilled. There are no costs for the customer in case of rejection due to unavailability. Joke orders will be prosecuted! | ||
Prices | ||
| Filteria's prices are non-binding and subject to change. Unless otherwise stated, Filteria adheres to the prices contained in its offers for 30 days from their date. The prices stated in Filteria's order confirmation are binding. Prices are exclusive of any discounts or other deductions, plus the currently applicable statutory value-added tax. With the release of a new price list, all previous list prices become invalid. We accept no liability for printing errors and errors in our internet programs. | ||
Delivery Time | ||
| Delivery dates are non-binding unless expressly agreed upon in writing. However, Filteria strives to adhere to the specified deadlines. Compliance with the delivery obligation requires timely and proper fulfillment of the customer's obligations. The defense of non-performance of the contract remains reserved. In case of customer-requested order changes that affect the agreed delivery period, the agreed delivery period will be extended accordingly. Partial deliveries are permissible without increasing shipping costs for the customer. In cases of force majeure, strikes, lockouts, or other unforeseen events that hinder the execution of an order, Filteria is not bound to the agreed delivery time for the duration of the hindrance. If the customer is not a consumer and is in default of acceptance or breaches other cooperation obligations, Filteria is entitled to claim damages, including any additional expenses incurred. Further claims by Filteria remain reserved. In the event of the customer's default of acceptance, the risk of accidental loss or deterioration of the goods passes to the customer at the time the customer defaults in acceptance. | ||
Delivery and Shipping Conditions | ||
| Shipping within Germany: First orders are made against advance payment and Paypal. Otherwise, we deliver against invoice within Germany in accordance with the agreement made with the customer. From an order value of EUR 150 net (178.50 gross) we deliver free of charge, including shipping and packaging costs. Shipping to the EU and other foreign countries: Shipments to foreign countries can only be processed with advance payment or Paypal. The goods will be shipped once the payment amount specified in the order confirmation has been received in full without deduction of fees and discounts. For deliveries to non-EU countries, we declare the delivery with a description of content and value. Any customs and import duties that may apply are the responsibility of the recipient. National import regulations for the respective products must be observed by the customer. We assume no responsibility for the conformity of our products with national regulations and standards outside the EU. Shipping fees for international shipments apply as a general rule. The stated delivery time cannot be provided for shipments abroad, as third parties are responsible for delivery. General Shipping Information: Deliveries are made by parcel service. For shipments weighing more than 31.5 kg, shipping costs will be calculated and confirmed individually. Unless otherwise described in the online shop or agreed upon with the customer, we deliver freight forward at the curbside. If the customer is not a consumer, the risk passes to the customer as soon as the shipment has been handed over to the transport agent or has left Filteria's premises for the purpose of shipment, regardless of whether the shipment is made from the place of performance or who bears the freight costs. In case of non-delivery due to reasons attributable to the customer and not caused by the shipper, the customer is responsible for shipping and packaging costs, as well as 20% of the value of the goods in case of unavailability. | ||
Consultation | ||
| We provide technical advice to our customers to the best of our knowledge within the given possibilities but always without obligation, unless expressly agreed otherwise in writing. This also applies in particular to the observance of any third-party intellectual property rights. Our suggestions do not release our customers from the obligation to independently assess the suitability of our products for their intended purposes. | ||
Warranty and Guarantee Conditions | ||
| The statutory warranty period is 2 years and begins upon delivery of the goods. Warranty claims are initially limited to subsequent performance. If subsequent performance fails, you have the option, within the first 2 years, to either withdraw from the purchase contract or reduce the purchase price. All defects covered by the statutory warranty obligation will be corrected completely free of charge. Please prove the start of the warranty/guarantee period with a purchase receipt (invoice, delivery note, etc.). Please keep these documents carefully. Excluded from warranty/guarantee are damages caused by natural wear and tear, improper use, and insufficient or incorrect maintenance. | ||
Insufficient Availability of Ordered Goods or Services | ||
| If Filteria determines after receiving the order that the ordered goods or services are no longer available at Filteria, any payments made will be promptly refunded. | ||
Data Protection | ||
| We inform you that we store and process your data in accordance with the Federal Data Protection Act (BDSG) to the extent necessary for business purposes and as permitted by law, and we do not disclose it to third parties. The customer will be informed by Filteria about the type, scope, location, and purpose of the collection, processing, and use of the personal data required for order fulfillment (data protection declaration). By using Filteria's online services, the customer agrees to the collection, processing, and use of personal data. | ||
Liability | ||
| Filteria is liable for damages arising from unlawful acts, breaches of contract, or violations of duties during contract negotiations only in cases of gross negligence or willful misconduct or gross negligence or willful misconduct of its agents and vicarious agents. In all other cases, such claims for damages are excluded. | ||
Payment Terms | ||
| Domestic Payment Terms: Payment terms are 12 days net from the invoice date. If you pay in advance we grant a 2% discount. Filteria reserves the right to exclude payment methods. If the payment deadline is exceeded, Filteria is entitled to charge default interest of up to 9% above the respective base interest rate. If we are able to prove higher damages caused by the delay, we are entitled to claim this. The purchaser is also entitled to prove to us that we suffered no damage or significantly less damage as a result of the late payment. Unauthorized Discount Deduction: Unauthorized discount deductions will generally be recharged. In addition, Filteria is entitled to charge a processing fee of Euro 10.00. Failed Bank Debit: In the event of a failed bank debit, Filteria is entitled to charge a processing fee of Euro 6.00. In addition, Filteria is entitled to charge default interest at a rate of 8% above the respective base rate. Foreign Payment Terms: Shipments to foreign countries can only be processed with advance payment. The goods will be shipped once the payment amount specified in the order confirmation has been received in full without deduction of fees and discounts. Our Bank Details: Med. Handel Jürgen Single VR-Bank Ludwigsburg IBAN: DE17 6049 1430 5347 2640 04 BIC: GENODES1VBB | ||
Reservation of Ownership | ||
| 1. The ordered goods remain the property of Filteria until full payment is received. 2. Prior to the transfer of ownership, resale, rental, pledging, security assignment, processing, other disposal, or transformation is not permitted without the express consent of Filteria. | ||
Right of Withdrawal for Consumers | ||
| If the customer is an entrepreneur (§ 14 BGB), they have no right of withdrawal and return in accordance with § 312g BGB in conjunction with § 355 BGB. The right of withdrawal applies only to consumers within the meaning of § 13 BGB (a consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed predominantly to their commercial or self-employed professional activity). Cancellation Policy Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us: Filteria.de - Medizinischer Handel Jürgen Single, Schulze-Delitzsch-Str. 15, 71706 Markgröningen, Tel.: +49 (0) 71 45 / 991 66 66, Fax: +49 (0) 71 45 / 991 66 69, Email: service@filteria.de, by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the sample withdrawal form provided, but it is not mandatory. You can also electronically fill out and submit the sample withdrawal form or another clear statement on our website Filteria.de. If you make use of this option, we will immediately (e.g., by email) send you a confirmation of the receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Exceptions to the Right of Withdrawal The right of withdrawal does not apply to distance contracts for the delivery of goods
(If you wish to withdraw from the contract, please fill out this form and return it.) To: Filteria.de - Medizinischer Handel Jürgen Single Schulze-Delitzsch-Str. 15 71706 Markgröningen Tel.: +49 (0) 71 45 / 991 66 66 Fax: +49 (0) 71 45 / 991 66 69 Email: info@filteria.de - I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*) - Ordered on(*)/received on (*) - Name of the consumer(s) - Address of the consumer(s) - Signature of the consumer(s) (only if communicated on paper) - Date _______________ (*) Delete as appropriate. | ||
Severability Clause | ||
| If one or more provisions of these general terms and conditions are invalid, this shall not affect the validity of the agreement as a whole. The invalid provisions shall be replaced by valid provisions that come closest to the original points. The same applies in the event of a need for regulation of any gaps in this agreement. | ||
Place of Performance, Jurisdiction | ||
| The exclusive place of jurisdiction is Stuttgart, provided that the purchaser is a merchant, a legal entity under public law, or a special public fund, or if the purchaser has no general place of jurisdiction in the country, or after the conclusion of the contract, has moved their domicile or habitual residence abroad or their domicile or habitual residence is not known at the time the action is filed. Unless otherwise stated in the order confirmation, Filteria's place of business is the place of performance. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods, even if the purchaser has its registered office abroad. | ||