General terms and conditions

1. Conclusion of contract

1.1  The contract with the company Artemed products GmbH – hereinafter referred to as “Seller” – is concluded when the customer first submits a binding offer by clicking on the “Buy” button at the end of the electronic ordering process. The receipt of this offer is then confirmed by an automated email. The acceptance of the offer and thus the actual conclusion of the contract then takes place by dispatching the goods to the customer.

1.2  The customer’s offer is binding for a maximum of two weeks and can be accepted by the seller within this period.

1.3  The entire content of the contract is stored by the seller and can be made available to the customer at any time upon request.

2. Prices and shipping costs:

2.1  The prices that are applicable at the time the order is placed online shall apply. There is therefore no entitlement to receive goods at earlier, more favourable prices.

2.2  Insofar as goods are shown as limited special offers or special offers, these shall only apply within the framework of the period stated in each case. The period begins on the first day of the offer. If goods have been designated as special offers without a time limit, they are valid as long as they are visible to all end customers in the shop.

2.3  All goods are subject to VAT at the statutory rate.

2.4  Shipping costs are incurred up to a value of €80.00. These are indicated in the order process.  From a purchase value of 80,00 € we deliver free of shipping costs within Germany. For deliveries abroad, the shipping costs are calculated according to expenditure.

3. Terms of payment:

3.1  Payment can only be made in advance, by cash on delivery, by PayPal or VR virtuell-Schop. In the former case, only bank transfer or payment by credit card are accepted as payment methods.

3.2  The customer shall only be entitled to fulfil his obligation to pay the purchase price by offsetting if his counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, the customer is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

4. Delivery and fulfilment

4.1  Delivery shall be made from the seller’s warehouse shortly after conclusion of the contract, taking into account the normal course of business. However, it shall not take place before receipt of payment if sale against advance payment has been agreed. The defence of non-performance of the contract remains reserved.

4.2  The seller’s obligation to perform is limited to the available stock of goods of the same type and designation until the goods are handed over to the shipping or transport company. There is no further obligation to procure. From the time of handover, the obligation to perform is limited to the specific goods handed over.

5. Warranty, guarantee conditions and general liability

5.1  If there is a defect in the purchased item, the statutory provisions of §§ 434 ff. BGB (see below) apply insofar as no deviating regulations result from the following provisions. The assignment of these claims by the customer is excluded.

5.2  The seller does not assume any guarantee for the specified quality and characteristics of the goods within the meaning of § 443 BGB. Any warranty rights granted by the manufacturer shall remain unaffected by this and shall be determined exclusively in accordance with the warranty declaration provided to the customer with the goods.

5.3  The seller shall be liable in accordance with the statutory provisions of warranty law for damages resulting from a wilful or negligent breach of duty.

5.4  In addition, the seller shall be liable in accordance with the statutory provisions for other damages if these are based on the breach of a material contractual obligation. This is the case if the breach of duty relates to a duty whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the customer has relied and was entitled to rely.

5.5  In addition, the seller shall be liable in accordance with the statutory provisions for other damages if these are based on the breach of a material contractual obligation. This is the case if the breach of duty relates to a duty whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer has relied and was entitled to rely.

5.6  In the cases of 5.4. and 5.5. the liability is limited to the foreseeable, typically occurring damage.

5.7  The seller is not liable for damages resulting from the use of the goods sold!

6. Applicable law for orders from abroad

The application of German law and thus the jurisdiction of German courts shall always be deemed to have been agreed between the seller and the buyer even if, according to Regulation No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I), the law of the country in which the buyer has his habitual residence would apply. This agreement applies with the restriction that the customer, as a consumer, is not deprived of the protection afforded to him by mandatory provisions of his habitual country of residence.

7. Statutory right of cancellation

7.1.  The customer has a statutory right of cancellation in accordance with the following instructions sent to him separately during the ordering process.