Terms of sale, delivery and business conditions

§ 1 Validity
(1) All deliveries, services and transactions of our company vis-à-vis/with contractual partners (hereinafter referred to as Customer(s)) concerning deliveries and services shall exclusively be subject to the following terms and conditions of sale, delivery and business.
(2) These terms and conditions shall form an integral part of all contracts that we conclude with consumers for deliveries, services and other business items. A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity, § 13 BGB. By placing an order with us, the customer agrees to the application of these terms and conditions of sale to his order.
(3) Deviations, amendments and supplements must be made in writing; this also applies to deviations from this written form requirement.
(4) We reserve the right to amend these Terms and Conditions of Sale and Delivery in the event of valid reasons, in particular in the event of changes in the law, changes in jurisdiction, changes in economic circumstances or other equivalent reasons. In this case, the customer will be notified of the planned change and given a reasonable period of time to object. Failure to respond within the time limit shall be deemed a fictitious declaration, so that the new terms and conditions of sale and delivery shall be incorporated into the contractual relationship.

§ 2 Offer and service descriptions
(1) The presentation of the products in the online store constitutes a legally binding offer to conclude a contract for the goods.v
(2) All offers are valid “while stocks last”, unless otherwise noted with the products. Apart from that, errors are excepted.
(3) Descriptions of services in catalogs as well as on the company’s websites do not have the character of an assurance or guarantee. Information provided by us on the subject matter of the delivery or service (e.g. weights, dimensions, utility values, load capacity, tolerances and technical data) as well as our representations of the same (e.g. drawings and illustrations) are only approximately authoritative, unless usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements as well as the replacement of components by equivalent parts are permissible insofar as they do not impair the usability for the contractually intended purpose.
(4) We retain ownership or copyright of all offers submitted by us.

§ 3 Order process, conclusion of contract, cancellation
(1) The customer can select products from our assortment without obligation and collect them via the button [in den Warenkorb] in a so-called shopping cart. Within the shopping cart the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the completion of the order process within the shopping cart via the button [Weiter zur Kasse].
(2) Via the button [zahlungspflichtig bestellen] the customer places an order for the goods in the shopping cart, which constitutes the acceptance of our binding purchase offer. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Required information is marked with an asterisk (*).
(3) We shall then confirm receipt of the order and the concluded purchase contract to the customer by means of a confirmation e-mail in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). This e-mail can also be formulated as an invoice.
(4) If we allow payment in advance, we will send the customer our bank details and a request for payment with the order confirmation. If the payment is not received by us within 10 calendar days after sending the order confirmation, we withdraw from the contract with the consequence that the order is invalid and we are not obliged to deliver. The order is then completed for the customer and us without further consequences. A reservation of the article in case of prepayment is therefore made for a maximum of 10 calendar days.
(5) The Customer agrees to receive invoices electronically. Electronic invoices are made available to the customer in PDF format in the [Mein Konto] section of the website and are sent to the e-mail address provided after the order is placed.
(6) The legal relationships between our customers and us shall be governed by (1.) the order as defined in paragraph 2 and (2.) in addition, unless otherwise agreed in the order, by these Terms and Conditions of Sale, Delivery and Business. These documents fully reflect all agreements between our customers and us.
(7) Notwithstanding the right of cancellation regulated under § 11, the customer may cancel his order for a product free of charge at any time before the associated shipping confirmation is sent.
(8) We sell all products only in household quantities. This refers both to the number of products ordered as part of one order and to the placement of multiple orders of the same product, where the individual orders comprise a household quantity.

§ 4 Order as guest, customer account
(1) The customer can place his order both as a guest and with a customer account.
(2) A customer account is opened by registering and agreeing to these GTCs and taking note of the privacy policy.
(3) Registration is only permitted to natural persons of unlimited legal capacity. In particular, minors, legal entities and partnerships are not allowed to register for private use of our website.
(4) The data requested by us during registration must be provided completely and correctly. No P.O. Box may be specified as the address.
(5) If Customer uses a Customer Account, Customer is responsible for ensuring the confidentiality of its account and password and for restricting access to its computer and mobile devices, and to the extent permitted under applicable law, Customer agrees to be responsible for all activities that occur through its account or password.
(6) If the customer changes the data provided after registration, he is obliged to update the information in his customer account without delay. He can view his information in the [Mein Konto] section of the website.
(7) A customer account is not transferable.
(8) We reserve the right to delete customer accounts of incomplete registrations after a reasonable time. Before deleting such an account, we will inform the customer in due time.
(9) In the course of using the website as well as the customer account, we have access to various information about the customer, including personal data. This includes, in particular, information that customers provide to us during use, such as contact information, as well as information generated during use (such as ratings, sales analysis, or communications).
We only disclose information about customers to third parties if this is necessary for the provision of the service or if we are legally or contractually entitled to do so.

After deletion of a customer account, the data provided by the respective customer or generated by his use of our website will be deleted from his customer account. Notwithstanding the foregoing, we will retain such information even after the end of the contract, to the extent that we are required to do so by law. Aggregated data generated through use (e.g. statistics on sales in a category) will generally continue to be retained after the end of the contract.

We provide information about the processing of personal data by us, including the transfer to third parties and the rights of the customer as a data subject, in our privacy policy.

§ 5 Prices, shipping costs
(1) The prices stated on the product pages include the statutory value added tax and other price components.
(2) In addition to the stated prices, we charge shipping costs for delivery. The shipping costs are clearly communicated to the customer on a separate information page and during the ordering process.

§ 6 Delivery, availability of goods
(1) If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
(2) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer.
(3) Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description. We point out that all information on availability, shipping, or delivery of a product are only prospective information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
(4) If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case, we will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, we shall immediately reimburse the customer for any consideration already paid.
(5) Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, we may withdraw from the contract. Any payments made will be refunded to the customer without delay. The customer shall bear the costs for unsuccessful delivery.
(6) We shall be entitled to make partial deliveries if
– the partial delivery will be usable within the scope of the contractual intended purpose,
– the delivery of the remaining ordered goods will be ensured and
– our customer does not incur any significant additional expenses or costs as a result of this (unless we agree to bear these costs).
(7) If we are in default with a delivery or service or if a delivery or service becomes impossible for us, for whatever reason, our liability for damages shall be limited in accordance with § 10 of these Terms and Conditions.
(8) Disposable transport or other disposable packaging cannot be returned.
(9) If the Customer orders goods outside the EU, they may be subject to import duties and taxes, which will be levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the customer; we have no control over these charges. Customs regulations vary greatly from country to country, so the customer should contact their local customs authority for more information. Data protection is important to us and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection of packages by customs authorities.

§ 7 Payment modalities
(1) The customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Customers are informed about the available means of payment on a separate information page.
(2) If third-party providers are commissioned with the payment processing, e.g. PayPal, their General Terms and Conditions shall apply.
(3) The set-off with counterclaims by our customer, the retention or reduction of payments by our customer due to such claims is only permissible insofar as the counterclaims are undisputed or have been legally established or recognized by us.

§ 8 Retention of title
(1) The retention of title agreed below serves to secure all our respective existing current and future claims arising from the contractual relationship existing between the customers, including balance claims arising from a current account relationship limited to this contractual relationship.
(2) The delivered goods shall remain our property (reserved property) until payment has been made in full. In the event of default in payment, our customer shall be obliged to surrender the reserved property at its own expense upon our request. Withdrawal from the contract is not accompanied by the demand for surrender of the reserved property, unless the withdrawal is expressly declared in writing.
(3) The customer is obligated to treat the purchased item with care as long as ownership has not yet passed to him. and to keep the goods separate from its own property and the property of third parties. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value, if appropriate or customary in the industry. Our customer already now assigns to us claims against his insurance company arising from the insurance claim concerning our reserved property.
(4) If the customer intends to transfer the reserved property to a place outside Germany, it shall immediately take the measures required under the law of such place to safeguard our reservation of title and notify us of such intention without undue delay at its own expense.
(5) If third parties access our reserved property, in particular by way of seizure, our customer shall immediately notify them of our ownership and inform us thereof in order to enable us to enforce our ownership rights. Access by third parties to the goods owned or co-owned by us must be reported immediately by the customer. If the third party is not prepared to reimburse us for the judicial or extrajudicial costs incurred in this connection, our customer shall be liable to us for this.
(6) The customer shall be entitled to resell the delivery services subject to retention of title within the scope of orderly business operations. If he sells these goods on his part without receiving the full purchase price in advance or step by step against handover of the object of sale, he shall agree a retention of title with his customer in accordance with these conditions. The customer already now assigns to us his claims from this resale as well as the rights from the retention of title agreed by him – in case of co-ownership of the reserved goods proportionally according to the co-ownership share. We revocably authorize our customer to collect the claims assigned to us in his own name. We may only revoke this direct debit authorization in the event of utilization.
At our request, the customer shall be obliged to notify the purchasers of the assignment and to provide us with the information and documents required to assert our rights against the purchasers. Despite the assignment, the customer is only authorized to collect the claims from the resale as long as he duly fulfills his obligations towards us.
(7) If the reserved property is processed, combined or mixed by our customer, it is agreed that the processing, combination or mixing (hereinafter: processing) shall be carried out in our name and for our account as manufacturer and that we shall acquire direct ownership or – if the processing is carried out from materials of several owners or the value of the processed item is higher than the value of the reserved property – co-ownership (fractional ownership) of the newly created item in the ratio of the value of the reserved property to the value of the newly created item. The decisive factor is the value at the time of processing. In the event that we do not acquire such ownership, our customer hereby assigns to us as security its future ownership or – in the above-mentioned ratio – co-ownership of the newly created item. If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, our customer shall, insofar as the main item belongs to it, transfer to its buyer/customer only pro rata co-ownership of the uniform item in the ratio specified in sentence 1. If the customer combines or mixes the reserved property with an object of a third party against payment, he hereby assigns to us his claims for remuneration against the third party.
(8) We shall release the goods subject to retention of title as well as the items or claims replacing them at our customer’s request and at its discretion to the extent that their value exceeds the amount of the secured claims by more than 50%.
(9) In the event that the customer acts in breach of contract, in particular in the event of default in payment as well as in the event of an application for the opening of insolvency proceedings against the customer’s assets or in the event that the opening of insolvency proceedings is rejected for lack of assets, the customer shall be obligated to surrender the reserved services upon our request to the exclusion of any right of retention. The delivery performance is then subject to our free right of utilization.

§ 9 Warranty for material defects and guarantee
(1) Subject to the following provisions, the warranty (liability for defects) shall be determined in accordance with statutory provisions; the warranty period shall accordingly be 2 years.
(2) The assumption of guarantees or a procurement risk on our part must be expressly agreed in writing. Statements made in our catalogs, websites or other general information do not constitute a guarantee or the assumption of a procurement risk at any time.
(3) The basis for the liability for defects is primarily the agreement reached on the quality of the goods. All product descriptions and manufacturer’s specifications which are the subject of the order or which were made known by us at the time of conclusion of the contract shall be deemed to be an agreement on the quality of the goods. Customary deviations in quality, weight, size, thickness, width, finish, pattern and color that are permissible or minor according to quality standards are not defects.
(4) Unless expressly stated otherwise, the items delivered by us must only comply with the legal requirements applicable in Germany.
(5) The warranty shall not apply if our customer modifies the delivery item or has it modified by third parties without our consent and the rectification of defects is thereby rendered impossible or unreasonably difficult. In any case, our customer shall bear the additional costs of remedying the defect resulting from the change.
(6) Upon our request, the delivery item subject to complaint shall be returned to us freight prepaid. In the event of a justified notice of defect, we shall reimburse the costs of the most favorable shipping route; this shall not apply insofar as the costs increase because the delivery item is located at a place other than the place of intended use.
(7) In the event of defects in components from other manufacturers which we are unable to remedy for licensing or factual reasons, we may, at our discretion, assert our warranty claims against the manufacturers and suppliers for the account of our customer or assign them to our customer. In the event of such defects, warranty claims against us shall only exist under the other conditions and in accordance with these terms and conditions if the legal enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, for example due to insolvency. For the duration of the legal dispute, the statute of limitations for the warranty claims in question shall be suspended.
(8) Notification of a defect shall not suspend the limitation period. The limitation period shall only be suspended if claims are asserted in court.
(9) Further claims or claims other than those regulated in this § 9 by the customer against us, our organs, employees and vicarious agents due to a defect are excluded. Claims for damages according to § 10 remain unaffected.

§ 10 Liability
(1) Our liability for damages, irrespective of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contractual negotiations and tort, shall be limited in accordance with the following clauses, irrespective of the other statutory requirements for claims, insofar as fault is relevant in each case.
(2) We shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, we are liable for the slightly negligent breach of essential obligations. Material obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, we shall only be liable for the foreseeable damage typical for the contract. Indirect damage and consequential damage resulting from defects in the delivery item can only be claimed from us insofar as such damage was typically to be expected when the delivery item was used for its intended purpose. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
(3) The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(4) The above exclusions and limitations of liability shall apply to the same extent in favor of our corporate bodies, legal representatives, employees and other vicarious agents.
(5) Insofar as we provide technical information or act in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by us, this shall be done free of charge and to the exclusion of any liability.

§ 11 Right of withdrawal for customers
(1) Customers have the right to cancel the contract within 14 days from the day on which he or a third party named by you, who is not the carrier, has taken possession of the goods (or the last goods, part shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several part shipments or pieces) without giving reasons.
(2) In order to exercise the right of withdrawal, the customer must inform us (iMEDgine GmbH, An der Zeil 6, 96215 Lichtenfels, Germany; info@imedgine.de) by means of a clear declaration (e.g. a letter sent by post, or an e-mail) of his decision to withdraw from the purchase contract concluded with us. For this, the customer may use the following withdrawal template, which, however, is not mandatory. To comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Withdrawal template
To iMEDgine GmbH, An der Zeil 6, 96215 Lichtenfels, Germany, info@imedgine.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / for provision of the following service (*)
Ordered on (*)/received on (*)
Name of the customer(s)
Address of the customer(s)
Signature of the customer(s) (only in case of notification on paper)
Date
(*) Delete as applicable.

(3) If the customer revokes the contract, we shall reimburse him all payments we have received from him, including delivery costs (with the exception of additional costs resulting from the fact that he has chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of revocation of the contract. For this repayment, we will use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; in no case will we charge the customer any fees because of this repayment. We may refuse repayment until we have received back the goods or until the customer has provided proof that they have returned the goods, depending on which is the earlier date. The customer shall return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which they notify us of the revocation of this contract. The deadline is met, if the customer will send the goods before the expiry of the period of fourteen days. The customer shall bear the direct costs of returning the goods. The customer shall only be liable for any loss in value of the goods, if this loss in value was due to handling of the goods that was not necessary for the examination of the condition, properties and functioning of the goods.
(4) The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. The right of withdrawal expires prematurely in the case of 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.

§ 12 Electronic communication, storage of the contract text, further communication
(1) Communication with the customer shall take place by means of our homepage or e-mail, i.e. electronically. For contractual purposes, the customer agrees that all consents, notifications, publications and other communications that we communicate to him electronically do not require written form in this respect, unless mandatory applicable legal provisions require a different form of communication.
(2) The customer can print out the text of the contract before submitting the order to us by using the print function of his browser in the last step of the order.
(3) We will also send the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the terms and conditions including the cancellation policy and the information on shipping costs. If the customer has registered in our store, he can view his placed orders in his profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
(4) In the last step of the order process, the customer can click and agree that we may send him info emails. A subsequent objection is possible at any time.

§ 13 Transfer of rights and obligations
Subject to statutory provisions on the admissibility of prohibitions of assignment, the transfer of rights and obligations under the contract shall require our written consent in order to be effective.

§ 14 Final provisions
(1) Our customers are informed that we store data from the contractual relationship in accordance with § 28 of the Federal Data Protection Act (BDSG) for the purpose of data processing and that we reserve the right to transmit this data to third parties (e.g. shippers, deliverers, insurance companies) insofar as this is necessary for the fulfillment of the contract.
(2) The contractual language is German.
(3) Insofar as the contract or these terms and conditions contain loopholes, those legally effective provisions shall be deemed to have been agreed to fill these loopholes which the customers would have agreed to in accordance with the economic objectives of the contract and the purpose of these terms and conditions if they had known about the loophole.
(4) The legal invalidity of any part of the agreements made between the parties shall not affect the validity of the General Terms and Conditions of Delivery and the agreements made between the parties in other respects. The invalid provisions shall be replaced by such provisions as come closest to the intended purpose in a legally permissible manner.