General Terms and Conditions (GTC)

of PakuMed medical products gmbh for Sales to Consumers

§ 1 Scope of Application

1. These General Terms and Conditions apply to contracts concluded by consumers via the online shop of

PakuMed medical products gmbh
Im Löwental 79
45239 Essen
Germany

Phone: +49 201 43 70 97 0
E-mail: info@pakumed.de

– hereinafter referred to as “PakuMed” – for products offered to consumers through the online shop.

2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.

3. Implantable port systems are not sold by PakuMed to private consumers and are not subject to these consumer Terms and Conditions.

4. Any terms and conditions of the customer that deviate from these Terms and Conditions shall not apply unless PakuMed has expressly agreed to their application.

§ 2 Conclusion of the Contract

1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to the customer to place an order.

2. The customer may place the desired products in the shopping cart and review and correct their entries before submitting the order.

3. By clicking the button used to complete the order subject to payment, the customer submits a binding offer to conclude a purchase contract for the products contained in the shopping cart.

4. After receipt of the order, the customer will generally receive an automatic order receipt confirmation by e-mail. A mere confirmation of receipt does not constitute acceptance of the contractual offer unless the acceptance is expressly stated therein.

5. The contract is concluded as soon as PakuMed expressly accepts the order, dispatches the goods or confirms dispatch to the customer.

6. If a different time of contract conclusion applies due to the selected payment method or payment service provider, the conditions communicated during the ordering process shall apply.

7. The contractual language is German.

§ 3 Prices and Shipping Costs

1. The prices stated in the online shop are total prices and include the applicable statutory value added tax, unless expressly stated otherwise.

2. Shipping costs may be charged in addition to the price of the goods.

3. The amount of any applicable shipping costs will be displayed to the customer before the customer submits the binding order.

4. Any delivery restrictions will be indicated in the online shop or, at the latest, at the beginning of the ordering process.

§ 4 Payment Terms

1. The customer may use the payment methods displayed during the ordering process.

2. The conditions applicable to the selected payment method and the due date for payment will be displayed during the ordering process or stated on the invoice.

3. In the case of advance payment, the invoice amount becomes due upon receipt of the payment request unless a different payment period has been specified.

§ 5 Delivery

1. Delivery shall be made to the delivery address specified by the customer.

2. The delivery time applicable to the respective product will be indicated in the online shop or during the ordering process.

3. If no delivery time has been specified or agreed, the statutory provisions shall apply.

4. If an ordered product is exceptionally unavailable, PakuMed will inform the customer without undue delay. Any payments already received for unavailable goods will be refunded without undue delay.

5. In the case of a consumer goods purchase, the risk of accidental loss or accidental deterioration of the goods generally passes to the customer only upon delivery of the goods to the customer or to a third party designated by the customer.

§ 6 Retention of Title

The delivered goods shall remain the property of PakuMed until the purchase price has been paid in full.

§ 7 Right of Withdrawal

1. Consumers generally have a statutory right of withdrawal in the case of distance contracts.

2. Details regarding the commencement and duration of the withdrawal period, the exercise of the right of withdrawal and the legal consequences of withdrawal are set out in PakuMed’s separate Withdrawal Policy.

3. Where the statutory requirements are met, the consumer shall bear the direct costs of returning the goods, provided that the consumer has been properly informed thereof.

4. In the case of sealed goods which are not suitable for return for reasons of health protection or hygiene, the right of withdrawal may expire in accordance with the statutory provisions if the seal has been removed after delivery.

5. During the statutory withdrawal period, customers who have concluded a distance contract via the online user interface may additionally use the electronic withdrawal function provided on the website. Other legally permissible methods of exercising the right of withdrawal remain unaffected.

6. The customer’s statutory rights in respect of defects shall not be affected by the exclusion or expiry of the right of withdrawal.

§ 8 Liability for Defects

1. The statutory provisions regarding liability for defects shall apply.

2. If the delivered goods are defective, the customer shall in particular be entitled to the statutory right to subsequent performance and, where the relevant statutory requirements are met, to a price reduction, withdrawal from the contract and damages.

3. Any voluntary manufacturer’s warranties shall apply in addition to the customer’s statutory rights in respect of defects and shall not restrict those rights.

4. The customer is requested to report any visible transport damage to the carrier immediately, where possible, and to inform PakuMed accordingly. Failure to do so shall not affect the consumer’s statutory rights.

§ 9 Product Information

1. Product information and any instructions relating to use, safety and operation provided with a product must be observed.

2. Products must be used in accordance with their stated intended purpose and the manufacturer’s instructions.

3. The customer’s statutory rights in respect of defects, claims for damages and other statutory rights shall remain unaffected.

§ 10 Liability

1. PakuMed shall be liable without limitation for damage caused intentionally or through gross negligence.

2. PakuMed shall also be liable without limitation for damage resulting from injury to life, body or health caused by an intentional or negligent breach of duty by PakuMed, one of its legal representatives or one of its vicarious agents.

3. In the event of a slightly negligent breach of an essential contractual obligation, liability shall be limited to the typical and foreseeable damage. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the customer may regularly rely.

4. In all other respects, liability for damage caused by slight negligence shall be excluded.

5. The above limitations of liability shall not apply where a guarantee has been given, a defect has been fraudulently concealed or mandatory statutory liability provisions apply.

6. Claims under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

§ 11 Data Protection

1. PakuMed processes the customer’s personal data in accordance with the applicable data protection laws.

2. Where personal data is required for the initiation, performance or processing of a contract, such data will be processed in particular for the purposes of ordering, payment, delivery, returns and the handling of warranty or defect claims.

3. Further information on the processing of personal data and the rights of data subjects can be found in PakuMed’s Privacy Policy.

§ 12 Contract Text and Order Confirmation

1. In accordance with the applicable statutory provisions, the customer will receive confirmation of the contract on a durable medium, in particular by e-mail.

2. Contract and order data will be stored in accordance with the statutory retention requirements.

3. If a customer account is offered and has been created by the customer, information regarding previous orders may be available for viewing in the customer account.

§ 13 Applicable Law

1. The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

2. If the consumer has their habitual residence in another country, this choice of law shall not deprive the consumer of the protection afforded by mandatory provisions of the law of that country which would apply in the absence of a choice of law.

§ 14 Final Provisions

Should any provision of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the contract and the remaining provisions shall remain unaffected. The applicable statutory provisions shall replace any invalid or unenforceable provision.