General Terms and Conditions

§ 1 Scope of application, customer information
The following General Terms and Conditions govern the contractual relationship between KleinMed AG and both consumers and business customers who purchase goods through our company or online shop. We do not recognise any terms and conditions that conflict with or deviate from ours. The contractual language is German. 

§ 2 Conclusion of contract
(1) The presentation of goods in our online shop does not constitute a legally binding offer by KleinMed AG to conclude a purchase contract. The customer is merely invited to submit an offer by placing an order. 

(2) By submitting an order through the online shop, the customer makes a binding offer to conclude a purchase contract for the items in the shopping basket. By placing the order, the customer also accepts these terms and conditions as the sole governing terms of the legal relationship with the supplier. 

(3) The supplier confirms receipt of the customer’s order by sending a confirmation email. This order confirmation does not constitute acceptance of the customer's offer. It merely serves as notification that the order has been received. Acceptance of the contract offer is confirmed either by delivery of the goods or by an explicit declaration of acceptance. 

(4) Orders may also be placed by telephone or fax.

§ 3 Customer information: Storage of your order data
Your order details (e.g. product type, price, etc.) are stored by us. We will send you the General Terms and Conditions, and they can also be accessed at any time via our website. If you are a registered customer, you can view your previous orders at any time via the customer login area (My Account). 

§ 4 Customer information: Correction notice
You can amend your entries at any time before placing your order by clicking the delete button. Further correction options will be provided throughout the ordering process. You can also cancel the ordering process completely at any time by closing your browser window. 

§ 5 Retention of title
Ownership of the purchased item remains with us until full payment has been received. 

§ 6 Limitation of warranty claims
(1) Warranty for consumers on used goods: Your claims for defects in used goods expire one year after delivery. This does not apply to claims for damages, defects that we have fraudulently concealed, or guarantees we have made regarding the condition of the item. Statutory limitation periods apply to these exceptions. 

(2) Warranty for business customers: Your claims for defects in the purchased item expire one year after the transfer of risk. This does not apply to claims for damages, fraudulently concealed defects, or guarantees regarding the item's condition. Also excluded is the right of recourse under § 478 BGB. Statutory limitation periods apply to all such exclusions. 

§ 7 Limitation of liability
We accept no liability for slightly negligent breaches of duty, unless these relate to essential contractual obligations, or result in injury to life, body, or health, or concern guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our legal representatives or agents. Essential contractual obligations particularly include the duty to deliver the item to you and transfer ownership, and to ensure the item is free of material defects and legal encumbrances. 

§ 8 Applicable law and commercial jurisdiction
(1) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. 

(2) The exclusive place of jurisdiction for all disputes arising from this contract is our registered place of business, provided you are a business customer.