Terms and Conditions (GTC)
VERSION 2.0 - as of October 2024
1. General
1.1 These General Terms and Conditions apply to all contracts (offers, orders, contracts, deliveries, repairs, assembly, project work and other services) between Medicengineering and the customer, unless otherwise agreed in writing to which the contractual partner agrees.
1.2 We hereby expressly contradict any deviating provisions of the contractual partner and do not recognize them. All other agreements must be confirmed in writing on our part and are not necessarily valid for the future.
1.3 Contractual partners within the meaning of these terms and conditions are both consumers according to §13 BGB and entrepreneurs according to §14 BGB. I.e. natural or legal persons or a legal partnership.
2. Offer, order, conclusion of contract
2.1 Medicengineering's offers are subject to change and non-binding. A contract is only concluded with our written confirmation. This is done, for example, by placing an order in Medicengineering's online shop, by sending a written confirmation via email or by sending the invoice directly. The language available for concluding the contract is German.
2.2 By discontinuing the products and services at Medicengineering, we are submitting a non binding offer to conclude a contract for these products and services. You can initially place our products and services in the shopping cart without obligation and correct your entries at any time before submitting your binding order. The contract is only concluded when you click on the order button to accept the offer for the products and services contained in the shopping cart.
All prices quoted are in the euro currency and exclude the statutory value-added tax, unless otherwise stated.
Our cost estimates and other offer documents remain our property.
2.3 Immediately after submitting the order, you will receive a confirmation by email in which you will find your order details. Medicengineering is free from not accepting online orders and reserves the right to make changes in the performance of the service within the scope of the customary quantity and quality tolerances. The decision about this is at the discretion of Medicengineering. If an online order is not carried out, the customer will be informed immediately.
3. Terms of delivery and shipping costs
3.1 In addition to the stated product prices, there may be shipping costs. If further services such as assembly, commissioning, instruction, repair, etc. are offered, these costs are shown accordingly. You can find out the amount of these costs in the ordering process or by request.
3.2 Medicengineering will not carry out any partial deliveries or partial services, unless this is expressly requested by the contractual partner and is stipulated in accordance with our General Terms and Conditions 1.1.
3.3 In the case of dispatch to entrepreneurs, Medicengineering will, at the request of the contractual partner and at his own expense, take out transport insurance in his favor and record it in accordance with our General Terms and Conditions 1.1.
3.4 Delivery deadlines are met if the subject of the contract has left our warehouse by the time they expire or the contractual partner has been notified of readiness for dispatch.
3.5 We deliver products from our own warehouse as well as from partners, although delays may occur if we first need to procure these products. Medicengineering is not liable for delays resulting from the purchase of partner products.
3.6 Orders and deliveries are generally possible in Germany and in selected EU countries and the rest of the world.
4. Prices, terms of payment
4.1 The prices stated at the time of the order apply. All prices quoted are in the euro currency and include the statutory value-added tax, unless otherwise stated.
4.2 The prices are ex works, i.e. there may be additional transport and packaging costs. Any transport insurance costs will also be billed.
4.3 For orders that include partner products that we only have to purchase after the order has been placed, we assume no liability for deviations in delivery times or product quality, as these depend on our partners.
4.4 The invoice amounts are due and payable immediately upon receipt of the invoice without deduction. Payment is only deemed to have been made when the amount can be fully used.
4.5 Medicengineering reserves the right to only allow certain types of payment in the event of negative information as a result of the address and credit check.
4.6 Payment by sending cash or checks is unfortunately not possible. We exclude liability for any losses.
4.7 There is no option to deduct a discount.
4.8 In the event of default in payment, Medicengineering is entitled to demand default interest of at least 5% of the contract amount.
4.9 Payment options: We offer cash on delivery exclusively through our payment service provider PayPal. For more information, see the “PayPal” section below. You can choose to pay for the products by bank transfer as advance payment or with the payment service provider PayPal (as direct debit, cash on delivery, instant transfer, Visa, etc.). We also accept cash payment and PayPal instant transfer on collection.
4.10 PayPal
If you want to pay with PayPal, you will be redirected to the website of the online provider PayPal.
In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us.
After placing the order in our medicengineering.com online shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
The corresponding terms and conditions can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=en
4.11 PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. Here, too, you will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal.
If you choose the direct debit payment method here, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. You will be informed by PayPal of the date of the account debit (by means of a so-called “prenotification”). By submitting the direct debit mandate immediately after confirming the payment order, PayPal will ask your bank to initiate the payment transaction. The payment transaction will then be carried out and your account will be debited. You'll get more information during the ordering process.
If you have chosen the invoice payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claims to PayPal. In this case, you can only pay to PayPal with a debt-discharging effect. For payment processing via PayPal - in addition to our terms and conditions - the terms and conditions and the privacy policy of PayPal apply. Further information and the complete terms and conditions of PayPal for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=en.
5. Retention of title
5.1 The goods or the subject matter of the contract remain the property of Medicengineering until they have been paid for in full. In the event of a culpable breach of contract by the contractual partner, in particular in the event of default in payment, Medicengineering is entitled to take back the subject matter of the contract. The withdrawal of the subject matter of the contract by Medicengineering does not constitute a withdrawal from the contract, unless Medicengineering has expressly stated this in writing. Any costs incurred in this connection are fully borne by the contractual partner.
5.2 The contractual partner is obliged to treat the subject of the contract with care for the duration of the retention of title, as well as in the case of loan and demo devices. In particular, he is obliged to insure them adequately at replacement value at his own expense against theft, fire and water damage. If maintenance and inspection work is required, the contractual partner must carry this out regularly at its own expense. In the case of rental and demo devices, liability is transferred to the contractual partner or user.
5.3 According to our General Terms and Conditions 1.2, the following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
5.4 The contractual partner is obliged to notify Medicengineering immediately in writing during the retention of title, in the event of seizures or other interventions by third parties, so that Medicengineering can file a lawsuit. If the third party is unable to reimburse Medicengineering for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the contractual partner is liable for the damage incurred by Medicengineering.
6. Transfer of risk
6.1 Deliveries by Medicengineering to contractual partners are carried out from the warehouse in 88639 Wald, Germany for our own stored products or from the respective warehouse of the business partner in the respective country when ordering partner products.
If the subject of the contract was ordered from the customer with services from Medicengineering, the risk is also transferred to the customer if the customer delays the provision of the services for reasons for which he is responsible. The due date of the invoice amount is not inhibited and is based on our General Terms and Conditions 4.3.
6.2. If the contractual partner already uses the subject matter of the contract before the services ordered by Medicengineering are provided, the risk is transferred to him at the start of use. Medicengineering excludes liability in this case.
6.3. The risk passes to the entrepreneur when the subject of the contract is handed over to the person carrying out the transport; this also applies to transport by Medicengineering. Transport damage must be reported to Medicengineering and the delivering forwarder immediately in writing.
6.4. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the item sold, also in the case of mail order, only passes to the buyer when the item is handed over.
6.5. The handover is the same if the buyer is in default of acceptance.
7. Guarantee
7.1 The contractual partner is obliged to examine the goods immediately upon arrival for transport damage and obvious defects and to notify Medicengineering in writing immediately and within one week at the latest. Failure to comply with this obligation to examine and report in accordance with Section 377 of the German Commercial Code (HGB) can result in the assertion of the warranty claim being excluded.
7.2 If the delivered contractual item is defective, we shall initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (subsequent improvement) or by delivering a defect-free item (replacement). If the improvement is unsuccessful, the contractual partner can in principle, at his option, request a reduction in price or a withdrawal from the contract. However, in the event of a minor breach of contract, in particular minor defects, the contractual partner is not entitled to withdraw from the contract. If the contractual partner chooses to withdraw from the contract after a failed improvement, he is not entitled to any additional claims for damages due to the defect.
7.3 Claims of the contractual partner due to the expenses necessary for the purpose of the repair, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the contractual item delivered by us is subsequently moved to a location other than the branch of the contractual partner has been brought, unless the shipment corresponds to its intended use.
7.5 The warranty period is generally one year from delivery of the subject of the contract. A warranty period of 14 days applies to resellers. The warranty period is reduced to 6 months especially for endoscopes. The condition of the used goods offered by Medicengineering is accordingly described in great detail. In the case of hidden defects, we grant a 3-month guarantee in the legal sense. Manufacturer guarantees remain unaffected and are passed on by Medicengineering in full.
7.6 In the case of fraudulent concealment of a defect or in the case of the assumption of a guarantee for the quality of the contractual item at the time of the transfer of risk within the meaning of § 444 BGB (declaration by the seller that the purchased item has a certain property at the time of transfer of risk and that the seller is responsible for everyone regardless of fault Consequences of their absence), the rights of the contractual partner are based exclusively on the statutory provisions.
7.7 The warranty does not cover normal wear and tear or wear and tear through use. If maintenance or care instructions are not followed, changes are made to the products, accessories are improperly installed, parts are exchanged or unsuitable care products are used, the warranty does not apply to defects that arise or have arisen as a result of the violation of the aforementioned provision.
7.8 Warranty claims of any kind against Medicengineering are fundamentally excluded if any components of the system are changed or replaced without the written consent of Medicengineering. This also applies to wearing parts, as well as to the case of other uses not previously mentioned, which deviate from the normal operational scope.
7.9 Only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods with entrepreneurs; We assume no liability for public statements by the manufacturer or other advertising statements.
7.10 The above restrictions and shortened deadlines do not apply to claims based on damage caused by Medicengineering, our legal representatives or vicarious agents:
- in the event of injury to life, body or health
- in the event of willful or grossly negligent breach of duty as well as malice
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract
- and on the observance of which the contractual partner can regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed
- as far as the scope of the product liability law is opened.
8. Limitation of Liability
8.1 The above limitations of liability do not affect claims of the contractual partner from product liability. Furthermore, the limitations of liability do not apply in the case of attributable physical injury or damage to health or in the event of the loss of the life of the contractual partner.
8.2 In the case of slightly negligent breaches of main contractual obligations, Medicengineering's liability is limited to the foreseeable, contract-typical, direct average damage based on the type of goods. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of Medicengineering.
8.3 In addition, Medicengineering is liable in accordance with the statutory provisions if the contractual partner asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of the representatives or vicarious agents. Unless we are accused of grossly negligent or willful breach of duty, Medicengineering's liability is limited to the foreseeable, typically occurring average damage.
8.4 Claims for damages by the contractual partner due to a defect expire one year after delivery of the contractual item. This does not apply if Medicengineering can be blamed for gross negligence, as well as in the case of attributable physical and health damage or the loss of the life of the contractual partner.
8.5 If the operating or maintenance instructions of Medicengineering are not followed, changes are made to the products, parts are exchanged or consumables are used that do not correspond to the original specifications, claims due to defects in the products do not apply if the contractual partner makes a corresponding substantiated claim that only one of these Circumstances caused the defect, not refuted.
8.6 We are not liable for material defects in used devices sent to entrepreneurs.
8.7 Medicengineering assumes no liability for the fact that the use of the hardware and software products does not interfere with the property rights of third parties.
9. Exclusion of liability for external links or content
For the content of links to other pages on the Internet, Medicengineering has no influence on the design and content of these linked pages. Medicengineering therefore hereby expressly distances itself from all content on all linked sites. This declaration applies to all links shown and to all contents of these linked pages.
We assume no liability for public statements made by the manufacturer of the products we offer or other advertising statements.
10. Right of withdrawal
Withdrawal from the contract is only entitled if Medicengineering can prove a breach of contractual obligations. The withdrawal is to be withdrawn within fourteen days from the day on which he or a third party named by you, who is not the carrier, has taken possession of the last subject of the contract.
The revocation must be made in writing by letter, fax or email to service@medicengineering.com.
Medicengineering only accepts the return of the contractual item in undamaged original packaging.
Timely dispatch is sufficient to meet the deadline.
The return must always be recorded in writing by Medicengineering.
If the contractual item received by the contractual partner cannot be returned in whole or in part or can only be returned in a deteriorated condition, the contractual partner must compensate Medicengineering for the value. This does not apply if the deterioration is solely due to the examination of the subject matter of the contract, as it could be done in a shop. The contractual partner can avoid the obligation to pay compensation by not using the item as if it were his property and by refraining from anything that could impair or reduce the value of the contractual item.
In the case of returns, the contractual partner bears the costs of the return. Unfortunately, freight collect returns cannot be accepted.
Medicengineering offers free returns via PayPal. You can get more information about this directly from PayPal at https://www.paypal.com/de/webapps/mpp/refunded-returns/terms-and-conditions.
11. Data protection & creditor protection
Your personal data will always be treated confidentially and the interests worthy of protection will be strictly considered in accordance with the legal requirements.
The data necessary for the business transaction are stored and passed on to companies affiliated with Medicengineering or our service partners as part of the order processing.
In addition to the purposes mentioned above, Medicengineering also uses your data for marketing purposes, in particular for the purpose of advertising Medicengineering products.
You can object to the processing or transmission and other use of your data for marketing purposes at any time by sending a message to service@medicengineering.com for the future or revoke your consent. After receiving your objection or revocation, we will no longer use and process the data concerned for marketing purposes or immediately stop sending you advertising material.
In addition, there is a data protection declaration that provides you with further information about the data you use. Please have a look at the corresponding link in the menu.
12. Copyright and Trademarks
The website is owned by Medicengineering. The entire content of the website, including audio files, photos, graphics and texts, is the property of Medicengineering. All elements of this website, including the general design and content, are protected by copyright and other rights. Unless otherwise stated on the website, editing, duplication, translation, storage, processing of the content, in particular the use of image and text material on platforms such as eBay or Amazon, are not permitted.
Parts of the image material come from pixabay.com. According to the information provided by the operator of pixabay.com, their image material and the image material used here may be copied, changed, distributed and used; this also for commercial purposes.
13. Online Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find here: http://ec.europa.eu/consumers/odr/.
Consumers have the opportunity to resolve their disputes on this platform.
In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship even exists, Medicengineering is obliged to participate in dispute settlement procedures before a consumer arbitration board. The general consumer arbitration board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbübers-schlichter.de is responsible. We will take part in a dispute settlement procedure before this office.
Furthermore, as a retailer, we are obliged to point out our e-mail address again at this point. Our email address is: service@medicengineering.com.
14. User software
If the contractual partner is provided with user software with our deliveries, he is granted the unlimited, non-exclusive right to use the software on the products supplied, in unchanged form and for the purposes stated in the product description. A copy of the software may only be made for backup purposes; any changes to the software are prohibited. The usage fee for the software is included in the purchase price. Updates are charged separately.
15. Services
15.1 Services such as assembly, commissioning, instruction, repair and customer service, if offered, are carried out by Medicengineering or by authorized specialist companies.
15.2 Before delivery of the contractual items, the contractual partner must ensure that the installation site is easily accessible, the structural requirements are in place, sufficient space, adequate ventilation, a floor suitable for the weight of the device, sufficient floor load capacity and the necessary electrical and IT connections are available, adequately protected against moisture and brine, and are adequately shielded from the rest of the practice / clinic area against the normal operating noises of the device.
15.3. Difficulties in delivery and installation can be invoiced separately, as can all additional costs that arise if the prerequisites mentioned under Section 15.2 are not met when the delivery is made on the day of the agreed installation date.
15.4. Spare parts and repairs that are outside of the warranty must be paid for separately by the contractual partner.
15.5 If, in the case of repairs, the cost estimate is exceeded by up to 10% (of the total amount), this is harmless and corresponds to standard practice. Should the costs rise by more than 10%, Medicengineering will inform the contractual partner about this and have to receive a new order.
16. Electro G
The contractual partner is responsible for the disposal of the products supplied by us (Electro G). In the event of disposal, the contractual partner waives the defense of the statute of limitations. Our delivery also releases the respective manufacturer of the product from the obligation to dispose of and take back the product.
17. Final provisions / place of jurisdiction and applicable law
German law applies to all contracts and agreements between you and Medicengineering, excluding the UN Sales Convention (CISG). The export of contractual objects of Medicengineering to countries outside the European Union requires the approval of Medicengineering regardless of the fact that the contractual partner is responsible for obtaining any official import and export permits.
If you are a merchant within the meaning of the Commercial Code or a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and Medicengineering is the registered office of Medicengineering or at the district court of Konstanz or the district court of Überlingen.
18. Severability Clause
Should a provision of these terms and conditions be ineffective, the validity of the remaining provisions will not be invalidated. In such a case, the contracting parties undertake to make an effective regulation that comes as close as possible to this provision.
19. Hints
We expressly point out that when commissioning the device or the system, the purchaser must comply with the provisions of the Medical Products Operator Ordinance as well as all other regulations, in particular the applicable EU directives, at their own responsibility. As far as legally stipulated, the buyer must have a safety inspection carried out and documented accordingly at his own expense and responsibility. The device or system is a used device / system, unless otherwise declared; no liability is assumed for the fulfillment of the legal requirements.
Special note for X-ray systems in accordance with the X-ray Ordinance:
We expressly point out that when commissioning the device or the system, the buyer must comply with the provisions of the Medical Products Operator Ordinance and all other regulations, in particular the X-ray Ordinance and the applicable EU directives, at his own responsibility. If required by law, the buyer must have a safety inspection carried out and documented accordingly at his own expense and responsibility. The device or system is a used device / system, unless otherwise declared; No liability is assumed for the fulfillment of the legal requirements - in particular the eligibility according to the X-ray Regulation.
If STK is offered and requested, the following supplement:
The device is delivered with an STK according to DIN VDE 751 for use in the medical sector. Documentation is attached to the delivery note. This device is subject to instruction. The buyer agrees to organize a briefing on the device himself at his own expense.
20. Imprint
