Terms & Conditions & Right of Withdrawal
Terms & Conditions & Right of Withdrawal
- 1 Applicability to entrepreneurs and definitions of terms
1.1. The following general terms and conditions apply exclusively to the business relationship between medidoc Gmbh (hereinafter "seller") and the customer (hereinafter "customer") in the version valid at the time of the order.
1.2. You can reach us for questions, complaints and complaints during our opening hours. These are from Monday to Friday from 10:00 a.m. to 4:00 p.m. and by email at firstname.lastname@example.org
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB)
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity in writing
- 2 Offers and Description of Services
2.1. The presentation of the products in the online shop does not constitute a binding offer, but an invitation to place an order. Descriptions of services in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid "while stocks last", unless otherwise noted for the products. Errors excepted.
- 3 Ordering process and conclusion of contract3.1. The order is made in the following steps:
- a) Selection of the desired goods
- b) Confirm by clicking on the "Add to shopping cart" or "Buy with PayPal" button
- c) Checking the information in the shopping cart
- d) Pressing the "Checkout" button
- e) Registration in the online shop after registering and entering the applicant details (e-mail address and password) OR continue as a guest by entering the delivery address and applicant details (e-mail address)
- f) Verification of the shipping address
- g) Re-examination or correction of the respective entered data.
- h) Binding dispatch of the order by clicking the button "Pay now" or "Order now"
3.2. Before the binding submission of the order, the consumer can return to the website on which the customer's details are recorded and correct or correct input errors by pressing the "Back" button in the Internet browser he is using after checking his details Closing the Internet browser cancel the ordering process. We confirm receipt of the order immediately on a "Thank you" page and with an automatically generated e-mail ("order confirmation"). With this we accept your offer.
3.3. Storage of the text of the contract for orders via our online shop: We save the text of the contract and send you the order data by e-mail. You can view the terms and conditions at any time on our website shop.medidoc.gmbh. You can view your past orders in our customer area. The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not represent acceptance of the application. The purchase contract is only concluded when the seller sends or hands over the ordered product to the customer within 3 days or has confirmed the dispatch to the customer within 3 days with a second e-mail, express order confirmation or sending the invoice.
3.4. The information describing the product, in particular illustrations, drawings, descriptions, dimensions and weight data, is non-binding insofar as the delivered goods only deviate insignificantly (e.g. due to production) from this information. Color deviations of the goods presented on the website are due to technical reasons.
3.5. If the seller enables payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of prepayment is therefore made for a maximum of 10 calendar days.
- 4 Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on the shipping costs page and during the ordering process.
4.3. Possible customs fees or local taxes must be borne by the buyer himself.
4.4. The customer can choose from the available payment methods as part of and before completing the ordering process.
4.5. If third-party providers are commissioned to process payments, eg Paypal, their general terms and conditions apply.
4.6. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay default interest of 5 percentage points above the base interest rate.
4.7. The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.
4.8. The customer is only entitled to set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if his claims result from the same contractual relationship.
- 5 Delivery, Availability of Goods
5.1. If no copies of the product selected by the customer are available at the time of the customer's order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from a declaration of acceptance. A contract is not concluded in this case.
5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Otherwise, in this case the seller is also entitled to withdraw from the contract. The seller will immediately refund any payments already made by the customer. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
- 6 Retention of Title
We reserve ownership of the goods until the purchase price has been paid in full.
- 7 Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email to email@example.com). We can be reached by phone on +43 59333 2000 .
You can use the model cancellation form below, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. We bear the costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of cancellation does not apply to the following contracts: Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
- 8 Cancellation form / model cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable.
- 9 right of defects
If own or manufacturer guarantees are granted, the details result from the guarantee conditions. In the event of defects in the delivered item, the customer is entitled to the statutory rights within the scope of the warranty/liability for defects, independent of any guarantee. The statutory warranty claims of the customer are not restricted by a guarantee. The customer is obliged to check the goods received for obvious errors and to notify medidoc gmbh of these within 2 weeks of receipt of the goods. The timely dispatch of the notification to medidoc gmbh is decisive. If the customer does not comply with the obligation to report defects, warranty claims for these obvious defects are excluded. There is no liability for incompatibilities with the products offered.
- 10 Warranty and Guarantee
10.01. The statutory warranty regulations apply.
02/10 A guarantee exists for the goods delivered by the seller only if this has been expressly given.
- 11 Contract Language, Place of Jurisdiction, Applicable Law
01/11 As contract language german will be available exclusively.
02/11 The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
03/11 The law of the Republic of Austria applies. This does not apply if mandatory consumer protection regulations stand in the way of an intended application.
- 12. Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and §36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Status: April 2023