General terms and Conditions of home health products GmbH
(hereinafter the Vendor)
§1 Scope of the Terms and Conditions
The Vendor’s deliveries, services and offers are only based on the following terms and conditions. Other contractual terms do not form part of the contract, even if we have not expressly objected to them.
(1) Whether the total price is displayed as gross or net is noted in the ‘Total price in €’ field.
(2) Prices are ex warehouse Germany plus packaging and carriage to the destination agreed in the contract.
§3 Delivery/acceptance delays
(1) Where delivery of the purchased item is delayed after the due date with the Vendor responsible, a reasonable grace period of 20 days is to be set by the Purchaser.
(2) Where the Purchaser delays acceptance, the Vendor is entitled to delay performance until the Purchaser has paid the purchase price or provided security for it.
(1) Where the Vendor is to make good a loss due to statutory provisions in accordance with these Terms and Conditions caused by slight negligence, the Vendor’s liability is limited: Liability only exists in the event of a breach of substantial contractual obligations and is limited to typical losses foreseeable on entering into the contract. This restriction does not apply to injury to life or limb. The same applies to losses caused by a defect.
(2) Regardless of the Vendor’s fault, any liability by the Vendor remains unaffected in the event of fraudulent concealment of the defect, or resulting from the acceptance of a warranty or a procurement risk and in accordance with Product Liability Law.
§6 Retention of title
(1) Until payment of the full purchase price the Vendor retains title to the goods delivered. The Purchaser may not make use of the reserved goods.
(2) In the event of access by third parties, in particular court bailiffs, to the reserved goods the Purchaser is obliged to point out the Vendor’s title, and inform the Vendor without delay.
(1) The agreed purchase price is due without any deduction – such as a discount.
(2) The Purchaser is only entitled to offsetting if the counterclaim is undisputed or legally binding.
§8 Ancillary agreements
Verbal agreements or ancillary agreements have not been entered into between the Parties.
§9 Free instalment agreement
Where, due to the agreement with the Vendor, the consumer as a purchaser is allowed to pay the purchase price in instalments without consideration to be provided by the consumer to guarantee payment in instalments (free instalment agreement), the following applies: Where the Purchaser is in arrears by more than 10 working days in part or in whole with an instalment or at least 10% of the instalment, the Vendor is entitled to terminate the instalment agreement without stating reasons. In this event, payment of the outstanding amount becomes due.
Where the customer is a registered trader, legal entity under public law or a special fund under public law, jurisdiction for both parties for all disputes arising from the contractual relationship lies with the courts of Karlsruhe.
§11 International jurisdiction
German laws apply to all existing or future disputes arising from the contractual relationship. This does not apply if the contract or claims under the contract entered into by an individual (the consumer) for one purpose that cannot be assigned to this person’s professional or commercial activity form the subject of the proceedings.
§12 Partial invalidity
One of the provisions of these Terms and Conditions being or becoming void does not affect the validity of the other provisions.