Terms and Condition Compet Medical AG
The following Terms and Conditions shall apply to all purchase agreements concluded via this website and its order form:
COMPET MEDICAL AG
Niederlassung BRD
Max-Stromeyer Str. 170
D-78467 Konstanz
Tel.: +41 7531 361 07 90
Fax: +41 7531 361 07 91
Mail: info@en.competmedical.com
Ust-Id-Nr.: DE 286 780 059
Steuer-Nr.: 09405/07068
COMPET MEDICAL AG
Hauptsitz Schweiz
Kalchthorenstr. 4
CH-8598 Bottighofen
Geschäftsführer:
Schilling Klaus, Dipl. Ing.
Branch number : Handelsregisteramt des Kantons Thurgau
CH-440.3.004.861–2
1 Scope of application
- The following terms and conditions (hereinafter referred to as “Terms and Conditions”) apply for the contract concluded between the customer ( “Customer” or “You”) and Compet Medical AG (referred to as “Compet Medical”) via the websites www.competmedical.com including the domains forwarded thereto related to the delivery of goods offered by Compet Medical AG . All deliveries, services and offers from competmedical.com are made exclusively on the basis of existing Terms and Conditions according to www.competmedical.com
- Customers are legal persons and partnerships with legal capacity who order for commercial or professional purposes.
- Compet Medical provides the services on the basis of these Terms and Conditions.
2 Conclusion of contract
- The presentation of products on the website www.competmedical.com does not constitute a binding offer.
- You can order goods by completing the electronic order process via our website, telephone, mail or fax orders.
- Your order represents a binding offer. The confirmation of receipt of the order follows immediately after the submission of your order and does not constitute acceptance of the offer. A binding contract between the customer and Compet Medical is only concluded by means of confirmation with delivery note and/or invoice within five days at the latest.
3 Prices
- The prices in € euros listed for the products at the time of ordering apply for orders.
- All prices quoted are exclusive of VAT and exclude shipping costs for Germany and in the EU. Additional costs will be charged and identified separately.
4 Terms of delivery
- If Compet Medical incurs additional shipping costs due to the specification of an incorrect delivery address and different opening hours for delivery, these costs shall be borne by the customer in full.
- The shipping costs are calculated based on order quantity, weight and recipient address. In Germany, a single package costs €13.40 (in the EU €24.60), bundled packages in Germany (if possible) €17.15 (in the EU €31.50) plus 19% VAT resp. valid turnover tax–ID.
Great Britain up to 12 kg €32.80 more €42.00 plus 19% VAT. For large quantities, the pallet prices apply according to the daily offer.
- Delivery is in principle with GLS. Compet Medical ships from Monday to Friday. For larger order quantities, the delivery time is 5–10 days or longer; these are carried out via freight forwarder.
- Compet Medical is also entitled to partial deliveries and partial services. Any costs incurred for separate shipping are borne by Compet Medical.
- Compet Medical is not responsible for any goods which are blocked at Customs. Before purchasing and importing the goods in their country, the customer must make the necessary inquiries with the local authorities to ensure that all ordered articles are permitted for their country.
- If a purchaser fails to collect the goods, Compet Medical may, at their discretion, either sell the goods to a third party after a period of 2 weeks and hold the original purchaser liable for any loss or insist on performance of the contract. The remaining statutory claims of Compet Medical remain reserved.
- If the goods are not deliverable due to force majeure or product adjustment or if Compet Medical cannot procure the ordered products under reasonable conditions and should these circumstances only occur after the conclusion of the contract and are not the responsibility of Compet Medical, Compet Medical will be exempted from the obligation to deliver.
- In the case of events that make the deliveries of Compet Medical significantly more difficult or impossible (such as strikes, lockouts or directions from the authorities, etc.), Compet Medical shall not be liable for any delays, including bindingly agreed time limits and deadlines.
- The customer must immediately inspect the deliveries of Compet Medical. Complaints about damaged goods must be immediately addressed to the deliverer (GLS or forwarder) on site. Obvious defects must be reported to Compet Medical immediately upon receipt of the goods. If the customer fails to do so, the delivery shall be deemed approved and no further warranty claims may be made, subject to any hidden defects.
5 Right of cancellation
- Please note that basically sterile packaged goods/items are excluded from being returned.
- We reserve the right to deduct compensation for any damage or excessive wear and tear of the packaging from the refunded purchase price.
- In case of a cancellation of the order, we reserve the right to charge the shipping costs plus a processing fee. In the case of cancellation from non– EUcountries, we also reserve the right to charge the costs of customs clearance to the respective country as well as any other customs duties.
6 Conditions of payment
- Please note that we only accept payments from accounts within Germany, Switzerland and the European Union (EU). Under no circumstances do we assume the cost of a money transaction.
- The purchase price is due for payment within 30 days after invoicing and must be transferred to the account in accordance with the invoice details in the account of AG.
The customer will be in default if the payment is not made within 30 days of the due date
- If the customer is in default of payment, Compet Medical reserves the right to charge additional costs incurred by the customer for payment reminders, in particular, postage costs and other damages due to delay.
- Compet Medical reserves the right to demand advance payments if there are any doubts regarding the contractual compliance with the terms of payment.
- Transfer of risk
- The risk of an unpredictable loss and accidental deterioration of the ordered goods shall pass to the buyer upon handover — upon shipment with delivery of the goods — to the shipper or the person or institution otherwise responsible for carrying out the shipment.
8 Retention of title; billing; right of retention
- We reserve the ownership of the purchased item until full payment of the invoice amount by the ordering party.
- In the case of entrepreneurs, we reserve the ownership of the purchased item until settlement of all outstanding claims arising from the business relationship with the customer.
- If the customer defaults on the payment of the invoice amount, we are entitled to enter the reservation of ownership at the expense of the customer in the reservation of ownership register. The corresponding liens are transferable to third parties.
- You are only entitled to set-off if your counter-claims have been legally established or recognised by us. Furthermore, you also have a right of retention if and insofar as your counter-claim is based on the same contractual relationship.
- If the customer is in default of any single payment obligation relating to goods ordered from us, all existing payment demands will be due immediately.
9 Data protection provisions
- For data protection the regulations of our data protection declaration, which form an integral component of these Terms and Conditions,
10 Disclaimer of liability
10.1 The parties expressly agree that the customer’s remedies in the event of malpractice or non-fulfilment shall be limited from the right of withdrawal pursuant to Clause 5 of the Terms and Conditions and any further liability, compensation or other claims of Compet Medical, to the extent that such exclusion is permitted by law.
10.2 Apart from that, Compet Medical is only liable for damage suffered by the customer caused by Compet Medical employees, either intentionally or through gross negligence.
There is no liability for damage arising from slight negligence. To the extent permitted by law, liability for damages caused by auxiliary parties is waived.
11 Final provisions
11.1 The contract language is German – even if these general terms and conditions are provided in other languages, especially in English.
In the event of disagreements and disputes in connection with the purchase of Compet Medical products, the laws of the Federal Republic of Germany shall apply, without possibility of recourse to the UN Sales Convention (CISG).
11.2 For all disputes arising from this contract, the place of jurisdiction is agreed as D-78467 Konstanz, unless otherwise stipulated by law.
11.3 Should individual provisions of this contract be or become ineffective, the other contract conditions remain unaffected
12 Changes to these Terms and Conditions
12.1 Compet Medical may amend these Terms and Conditions at any time. The current Terms and Conditions can be found at
www.competmedical.com
Status: October 2018