§ 1 Scope of application, customer information The following general terms and conditions regulate the contractual relationship between KleinMed AG and consumers and entrepreneurs who purchase goods via our company or our shop. We shall not recognise any terms and conditions that conflict with or deviate from our terms and conditions. The contractual language is German.
§ 2 Conclusion of contract:
(1) The presentation of the goods in the Internet shop does not constitute a binding offer by KleinMed AG to conclude a purchase contract. The customer is merely requested to make an offer by placing an order.
(2) By sending the order in the internet shop, the customer makes a binding offer directed towards the conclusion of a purchase contract for the goods contained in the shopping basket. By sending the order, the customer also recognises these terms and conditions as solely authoritative for the legal relationship with the supplier.
(3) The supplier confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contractual offer by the Provider. It merely serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contractual offer is made by the delivery of the goods or an express declaration of acceptance.
(4) However, you can also place an order by telephone or fax.
§ 3 Customer information: Storage of your order data: Your order with details (e.g. type of product, price etc.) will be stored by us. We will send you the general terms and conditions, but you can also access the general terms and conditions at any time via our website. As a registered customer, you can access your past orders via the customer log-in area (My Customer Account)..
§ 4 Customer information: Correction notice: You can correct your entries at any time before submitting the order by pressing the delete key. We will inform you about further correction options on the way through the order process. You can also exit the ordering process completely at any time by closing the browser window.
§ 5 Retention of title: The object of purchase remains our property until full payment has been made.
§ 6 Limitation of your warranty claims
(1) Warranty towards consumers for used goods: Your claims for defects in used goods shall become statute-barred one year after the handover of the sold item to you. Excluded from this regulation are claims for damages, claims due to defects which we have fraudulently concealed and claims arising from a guarantee which we have assumed for the quality of the item. The statutory limitation periods apply to these excluded claims.
(2) Warranty towards entrepreneurs: Your warranty claims due to defects in the purchased item shall become statute-barred one year after the transfer of risk. Excluded from this regulation are claims for damages, claims due to defects which we have fraudulently concealed and claims arising from a guarantee which we have assumed for the quality of the item. Also excluded is the right of recourse according to § 478 BGB. The statutory limitation periods shall apply to these excluded claims.
§ 7 Limitation of liability: We exclude liability for slightly negligent breaches of duty insofar as these do not relate to material contractual obligations, damage arising from injury to life, limb or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.
§ 8 Choice of Law and Commercial Venue
(1) The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.