GENERAL TERMS AND CONDITIONS OF PAKUMED MEDICAL PRODUCTS GMBH AND PAKUMED LOGISTIK UG (HEREINAFTER REFERRED TO AS PAKUMED) FOR THE SALE OF PRODUCTS TO CONSUMERS
§ 1 Scope of applicationstrong,
The following General Terms and Conditions shall apply to the customer’s order with PakuMed. General terms and conditions of the customer are not recognised.
§ 2 Conclusion of contract, withdrawal and reservation of delivery
- The customer’s order shall be deemed to be an offer to conclude a contract.
- The contract shall be concluded upon receipt by the customer of PakuMed’s declaration of acceptance or confirmation of order.
§ 3 Shipping costsstrong,
PakuMed medical products gmbh shall inform the customer of the shipping and logistics costs incurred before conclusion of the contract. These are to be paid by the customer in addition to the agreed purchase price.
§ 4 Delivery
- Unless otherwise agreed, delivery shall be ex warehouse to the delivery address specified by the customer.
- Information on the delivery period is non-binding, unless the delivery date has been bindingly promised as an exception.
§ 5 Paymentstrong,
Payment may be made by cash on delivery or by advance payment at the customer’s discretion. With the “payment in advance” option, the purchase price is due upon delivery of the invoice.
§ 6 Return costs after exercising a right of withdrawal
If the customer exercises a right of revocation to which he is entitled (a revocation instruction is provided separately), he shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation.
§ 7 Retention of titlestrong,
Until full settlement of our claims against the customer arising from the purchase contract, the delivered goods shall remain our property.
§ 8 Liability
- We exclude our liability for slightly negligent breaches of duty insofar as these do not relate to material contractual duties (i.e. duties whose fulfilment is essential to the proper performance of the contract and on whose fulfilment the customer regularly relies and may rely) and do not relate to damage resulting from injury to life, limb or health or the breach of guarantees and do not affect claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and legal representatives.
- Otherwise, we shall only be liable for foreseeable damage typical of the contract.
§ 9 Data protection
- By placing an order, the customer agrees that the personal data provided by him will be collected, processed and used by PakuMed for the fulfilment of the contract. A transfer to third parties also only takes place insofar as this is necessary for the fulfilment of the contract (e.g. to delivery companies).
- The aforementioned consent of the customer is freely revocable at any time.
§ 10 Applicable lawstrong,
The contract shall be governed exclusively by German law to the exclusion of the provisions on international sales.