Terms of service
§ 1 Contractual partner, scope, definitions
(1) These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with
Ludwig Artzt GmbH Products for Sport and Health
Managing Director: Felix Artzt
Authorised signatories: David Nießing, Markus Söhngen
Tel. : +49 6436 94 493 0
Fax: +49 6436 944 93 33
E-mail address: firstname.lastname@example.org
Merchant register: Local Court Limburg
Merchant register number: HRB 2696
Sales tax identification number: DE 114 183 226
- hereinafter referred to as the "Provider" -
concludes, in particular via the online shop https://www.artztneuro.com. The provider sells, among other things, new goods from the areas of sports and health. With regard to the details of the respective offers, reference is made to the individual product descriptions of the respective offer pages. Any inclusion of the customer's own terms and conditions of purchase/sale or general terms and conditions of business is objected to, unless expressly agreed otherwise.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity.
(3) The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our email address can be found above and in our imprint. We are neither obliged nor willing to participate in the dispute resolution process.
§ 2 Conclusion of contract
(1) The customer can select from the supplier's product range and order via the supplier's electronic shop system. The products and offers presented in the provider's online shop represent a non-binding invitation to submit an offer (so-called invitatio ad offerendum) by means of the customer's order, which the provider can subsequently accept or reject. If an order is placed via the electronic shop system, the ordering process in the provider's online shop and shop system comprises the following steps:
- Selecting the product in the desired specification (size, colour, quantity) .
- Place the product and, if necessary, other products in the shopping basket .
- Click on the "Checkout" button.
- Entering the billing and shipping address
- Selecting the payment and shipping method
- Review and edit the order and all the customer's entries .
- Pressing the corresponding button depending on the selected payment method. The customer hereby submits a binding application to purchase the products in the shopping basket .
- Receipt of a confirmation email about the receipt of the order.
The automatically generated and sent order confirmation does not yet constitute a legally binding declaration, in particular an acceptance of an offer. The contract shall only be concluded by the dispatch of the goods or the provision of the service.
(2) The automatically generated and sent order confirmation by e-mail, in which the customer's order is listed again and which the customer can print out via the "Print" function, merely documents that the customer's order has been received by the supplier and does not constitute an acceptance of the application. The contract is not concluded until the Provider issues the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by the supplier on a durable medium (e-mail or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection.
(3) The contract relates, subject to termination, to one order only.
§ 3 Retention of title
(1) The goods delivered shall remain the property of the supplier until payment has been made in full.
(2) Insofar as the customer is an entrepreneur, he is entitled to resell the goods purchased under retention of title in the ordinary course of business. In doing so, the customer assigns to the supplier in advance all claims against third parties arising from the resale in the amount of the respective invoice value including VAT, also irrespective of whether a resale takes place before or after processing of the item purchased under retention of title. The customer remains entitled to collect the claims even after the assignment. However, the supplier may also collect the receivables himself, irrespective of this. However, the supplier shall not collect the claims as long as the customer meets his payment obligations towards the supplier and is not in default of payment and no application for the opening of insolvency proceedings has been filed.
§ 4 Prices, shipping costs and return costs
(1) All prices stated on the website of the provider are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order process and are to be borne by the customer. No shipping costs shall be charged for a value of goods of € 49.00 or more within Germany if the Customer is a consumer.
(3) The goods shall be dispatched by post. The shipping risk shall be borne by the supplier if the customer is a consumer. The shipping costs and general shipping instructions applicable to orders by consumers can be found at https://artztneuro.com/policies/shipping-policy.
(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 5 Terms of payment
(1) The customer has exclusively the following options for payment within the scope of his order via the provider's shop system:
- Credit card (VISA, MasterCard, American Express)
- BAN Contact (Belgium)
- EPS Bank Transfer (Austria)
- Ideal (Netherlands)
(2) Other payment methods are not offered and are not accepted by the supplier. The invoice amount of the order is to be transferred in advance to the account specified in the e-mail after receipt of the invoice, which contains all the necessary details for payment and is sent by e-mail. If a trustee service or payment service provider is used, this enables the Provider and the Customer to process the payment between themselves. In doing so, the escrow service or payment service provider forwards the customer's payment to the provider. Further information can be found on the website of the respective escrow service or payment service provider. When paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been dispatched.
(3) After receipt of the invoice, the customer must pay or transfer the invoice amount shown within 14 days to the account stated in the invoice, if necessary with the help of a trust service or payment service provider.
(4) Payment is due without deduction from the date of the invoice. After the expiry of the payment period, which is thus determined by calendar, the customer shall be in default even without a reminder. In this case, the customer shall pay interest on arrears to the supplier in the amount of 5 percentage points above the respective base interest rate p.a., insofar as the customer is a consumer. If the customer is an entrepreneur, he shall pay the provider default interest in the amount of 9 percentage points above the base interest rate p.a.
(5) A right of retention of the customer, which is not based on the same contractual relationship, is excluded.
(6) Offsetting against claims of the customer is excluded, unless these are undisputed or have been legally established.
§ 5 Delivery, availability of goods
(1) Delivery times stated by the supplier are calculated from the time of the order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on account). If no or no deviating delivery time is indicated for the respective goods in the online shop of the provider, it is on average 2 - 4 working days in Germany or 2 - 8 working days in EU countries.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. In this case, the supplier also has the right to withdraw from any contract already concluded, insofar as the supplier is not responsible for a permanent obstacle to delivery. This is particularly the case in the event of force majeure or non-delivery by the supplier's own suppliers, although the covering transaction was activated in good time. Shipment shall be made from the supplier's own warehouse as soon as all parts of the entire order are in stock there.
(3) The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by default by the supplier.
(4) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this without delay in the order confirmation.
§ 6 Warranty for material defects, guarantee
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular in accordance with §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
(2) In the case of supplementary performance, the supplier can choose between repair or new delivery of the item if the defective item is a new item and the customer is an entrepreneur.
(3) If the customer is a consumer, the warranty period for used goods is limited to 1 year. Excluded from this are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Also excluded are claims for damages following grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. In all other respects, the statutory provisions shall apply.
(4) An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paras. 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paras. 1 and 2 do not apply insofar as the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
§ 8 Prohibition of assignment and pledge
The customer is not entitled to assign or pledge claims or rights of the customer against the provider to third parties without the provider's prior consent, unless a justified interest in the assignment or pledge is proven by the customer.
§ 9 Right of withdrawal
(1) In principle, consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the supplier provides information on its website under the URL https://artztneuro.com/policies/refund-policy in accordance with the statutory models. A model withdrawal form can also be found there.
§ 10 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected by this.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.