Terms and conditions & customer information
These terms and conditions apply to all contracts concluded between
Dr. Oldhaver GmbH, Managing Director: Dr. Mathias Oldhaver, Zimmermannstr. 9, 65185 Wiesbaden
(hereinafter referred to as “provider” or “we”) and our customers (hereinafter referred to as “customer” or “you”) using only remote means of communication (e.g. via the Internet or by telephone).
§ 1 Scope, Definitions
For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions and contractual offers of the customer are hereby rejected.
The customer is a consumer insofar as the purpose of the delivery and service cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity.
§ 2 conclusion of contract
The customer can select products from our assortment and collect them in a so-called shopping cart using the “button” “add to shopping cart”. The customer submits a binding application to purchase the goods in the shopping cart via the “order with obligation to pay” button.
Before submitting the order, the customer can change, view and correct input errors at any time. However, the customer's application can only be submitted and transmitted if the customer has accepted these general terms and conditions during the ordering process and has thereby included them in his application.
The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits a declaration of acceptance, which is sent in a separate email. The provider can replace the declaration of acceptance by executing the order within 5 working days of receipt of the order.
The subject of the delivery or service are the goods and / or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, designs and prices refer to the items offered, but not to any accessories or decorations that may be shown.
If we should not be able to deliver the ordered goods through no fault of our own because our supplier does not fulfill his contractual obligations towards us, we are entitled to withdraw from the contract towards entrepreneurs. However, this right of withdrawal only exists if we have concluded a congruent hedging transaction (binding, timely and sufficient order of the goods) with the supplier in question and are not responsible for the non-delivery in any other way. In such a case, we will inform the customer immediately that the goods ordered are not available. Payments already made by the customer will be reimbursed immediately.
The contract language is German.
§ 3 retention of title
The delivered goods remain our property until all claims from the contract have been met; in the event that the customer is a legal entity under public law, special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims that we have in connection with the contract have been settled to be entitled.
§ 4 prices and shipping costs
1. Our prices include the applicable statutory sales tax plus shipping costs.
2. The corresponding shipping costs are indicated to the customer in the respective offer and are to be borne by the customer.
3. The goods are dispatched by post.
§ 5 payment
The customer can make the payment according to the payment methods provided in the respective offer.
Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days.
The customer must ensure that there is sufficient funds in his account. In the case of return debits caused by insufficient coverage, the customer is obliged to reimburse us for the damage incurred.
The obligation of the customer to pay default interest does not exclude the assertion of further damage caused by default by the provider.
The customer is only entitled to offset if his counterclaims have been recognized by us or have been legally established. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 Transfer of Risk
In relation to consumers, the risk of accidental loss and accidental deterioration of the object of purchase is only transferred to the customer upon delivery of the object of purchase to the customer.
The following applies only if the customer is acting as an entrepreneur: Delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer at the latest when the goods are handed over. In the case of sales by mail order, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay are transferred to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.
If the customer is in default of acceptance, if he fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we are entitled to demand compensation for the resulting damage including additional expenses (e.g. storage and transport costs).
§ 7 Warranty for material defects, guarantee
Claims for defects regarding used items delivered by us become statute-barred one year after delivery to the customer. In relation to entrepreneurs, the limitation period for claims for defects for items delivered by us is 1 year. We are otherwise liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
Our liability according to § 8 of these terms and conditions, in particular due to claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (see § 8 below), for damage according to the Product Liability Act and for any guarantees assumed, remains the restrictions of paragraph 1 above are not affected
Claims for defects by merchants require that they have complied with their statutory inspection and notification obligations (§§ 377, 381 HGB).
A guarantee exists for the goods delivered by us only if this was expressly given in the order confirmation for the respective article. Any manufacturer guarantees remain unaffected.
You can submit any complaints and warranty claims to the address given in the provider identification.
§ 8 liability
Customer claims for compensation are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, 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 provider, his legal representatives or vicarious agents . Essential contractual obligations are those, the fulfillment of which is necessary to achieve the objective of the contract, as well as those on which the customer as a contractual partner can regularly rely. In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to claims for damages resulting from injury to life, limb or health.
The restrictions of the preceding paragraph 1 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them, as well as for claims for reimbursement of expenses.
The provisions of the Product Liability Act and our liability for any guarantees assumed remain unaffected.
§ 10 Agreement on the cost of the return
If you make use of your right of withdrawal according to § 9 of these terms and conditions, you have to bear the regular costs of the return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you pay a higher price have not yet provided the consideration or a contractually agreed partial payment for the item at the time of revocation. Otherwise, the return is free for you.
§ 11 Notes on data processing
We collect customer data as part of the processing of contracts. We note the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, we will therefore only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of teleservices.
Without the consent of the customer, we will not use the customer's data for purposes of advertising, market or opinion research in accordance with the statutory provisions.
The text of the contract is not saved by us and can no longer be called up after the order process has been completed. The customer can print out these terms and conditions and the order data before submitting his order and will receive an email after the order in which the customer's order is listed again.
§ 12 final provisions
The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law.
If the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the Registered office of the provider.
The possible ineffectiveness of individual provisions of these general terms and conditions does not affect the effectiveness of the remaining provisions.
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Status: 14.06.2014