Terms & Conditions
General terms and conditions
§ 1 General
(1) The following terms and conditions of sale and delivery shall apply exclusively to all deliveries and other services.
(2) The invalidity of individual provisions of this contract or its components shall not affect the validity of the remaining provisions. The contracting parties shall be obliged, within the framework of what is reasonable and in good faith, to replace an invalid provision with a valid provision that is equivalent to its economic success, provided that this does not result in a significant change to the content of the contract; the same shall apply if a matter requiring regulation is not expressly regulated.
§ 2 Offers, scope of services and conclusion of contract
(1) Contractual offers of the Seller are subject to confirmation.
(2) The Seller’s order confirmation shall be exclusively authoritative for the scope of the contractually owed performance.
(3) Partial deliveries are permissible unless the customer has no recognisable interest in them or they are recognisably unreasonable for him.
(4) The documents on which the offer or the order confirmation is based, such as illustrations, drawings, specifications of dimensions and weights, are generally only to be understood as approximate values, unless they are expressly designated as binding.
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§ 3 Prices, terms of payment and shipping costs
(1) Prices are ex works excluding packaging and other shipping and transport charges. Packaging will be charged at cost price and will only be taken back if the seller is obliged to do so by virtue of mandatory statutory regulations. The prices shown in this shop are final prices plus shipping costs. Within the meaning of § 19 UStG (German Turnover Tax Act), no turnover tax is charged and therefore not shown.”
(2) Shipping deliveries to end consumers only against advance payment by bank transfer. The goods will be dispatched after receipt of payment. The shipping costs within Germany amount to 6.49 Euro, in EU countries 8.99 Euro, in case of partial deliveries there are no further shipping costs.
(3) If the payment deadline is culpably exceeded, interest will be charged at a rate of 5% above the applicable base interest rate, subject to the assertion of further claims.
Applies only to resellers and bulk buyers:
In the case of delivery by open invoice to resellers, the term of payment of the enclosed invoice shall always be “immediately, after receipt of the invoice”.
Default of payment
For deliveries on open account, we expect receipt of payment within 7 days, unless otherwise agreed. You are then automatically in default of payment. If you do not settle the outstanding amount in spite of a reminder, we will hand over the case to a collection agency after a final deadline and further deliveries will be stopped from the 2nd reminder stage until our claims have been settled in full. In the event of late payment, we shall charge interest on arrears at a rate of 3% above the respective bank discount rate.
§ 4 Offsetting and retention
Offsetting and retention are excluded unless the offsetting claim is undisputed or has been legally established.
§ 5 Delivery period
(1) Adherence to a delivery period is always dependent on timely self-supply. If the possibility of delivery depends on delivery by an upstream supplier and if this delivery fails for reasons for which we are not responsible, we shall be entitled to withdraw from the contract. The customer shall then not be entitled to claim damages for this reason.
(2) The same shall apply if, due to force majeure or other events, delivery is made considerably more difficult or impossible and we are not responsible for this. Such events include in particular: Fire, flood, industrial action, operational disruptions, strike and official orders which are not attributable to our operational risk. In the aforementioned cases, the customer shall be informed immediately of the impossibility of delivery and any performance already rendered shall be reimbursed without delay.
§ 6 Transfer of risk
The risk shall pass to the customer as soon as the seller has made the goods available to the customer and has notified the customer thereof.
§ 7 Retention of title
(1) The Seller retains title to the goods delivered until payment has been made in full.
(2) The customer is not authorised to transfer ownership by way of security or to pledge the goods.
(3) If the goods are treated or processed by the customer, the retention of title shall also extend to the entire new item. The customer acquires co-ownership to the fraction corresponding to the ratio of the value of his goods to that of the goods delivered by the seller.
§ 8 Warranty
(1) Obvious defects must be reported by the customer within 8 days of delivery of the goods, stating the invoice number. Hidden defects must be reported within 14 days of discovery, but at the latest by the end of 6 months.
(2) In the event of a complaint about defects, the warranty shall be limited to replacement delivery or rectification at our discretion. Regardless of this, supplementary warranty provisions shall apply to all goods, insofar as the goods have been provided with such by the manufacturer.
(3) If repairs or replacement deliveries fail after a reasonable period of time, the customer may demand either a reduction of the purchase price or cancellation of the contract. The period shall be at least four weeks. Rectification or replacement delivery shall be deemed to have failed if three attempts to rectify the defect have not been successful.
§ 9 Liability
Claims for damages by the customer are excluded. This shall not apply in the event of intent, gross negligence, breach of material contractual obligations by the seller or the absence of characteristics warranted in writing.
§ 10 Retention of title
The goods remain our property until full payment has been made. Beyond that, the extended retention of title shall apply.
§ 11 Place of performance
Place of performance and jurisdiction is Bochum.
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Return policy
You can return the received goods without giving reasons within one month by returning the goods. The period begins after receipt of this instruction in text form (e.g. letter, fax, e-mail). However, not before receipt of the goods. Only in the case of goods that cannot be sent by parcel post (e.g. bulky goods) can you also declare the return by requesting the return in text form. To meet the deadline, it is sufficient to send the goods or the return request in good time. In any case, the return shall be at our risk. The return shipment or the request for return must be sent to:
Janet Saltheim, Paulstr. 6, 44803 Bochum, Germany.
Return consequences
In the event of an effective return, the services received by both parties shall be returned and any benefits derived (e.g. advantages of use) shall be surrendered. In the event of deterioration of the goods, compensation may be demanded. This does not apply if the deterioration of the goods is exclusively due to their inspection – as would have been possible in a shop. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or the request for return, for us with the receipt.
End of the return policy
Cancellation policy
Right of withdrawal
You may revoke your contractual declaration within 14 days without stating reasons in text form (e.g. letter, fax, e-mail) or – if the item is handed over to you before the deadline – by returning the item. The period begins after receipt of these instructions in text form. To comply with the revocation period, it is sufficient to send the revocation or the item in good time. The revocation is to be sent to:
Panacea Orthomed, Dr. H. Biedermann / J. Saltheim GbR, Paulstr. 6, 44803 Bochum, Germany.
Fax 0221-71655515, e-mail: info@manmedshop.de
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Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the goods received in full or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for the value of a deterioration caused by the intended use of the item by not using the item as if it were your property and by refraining from doing anything that could impair its value. Items that can be sent by parcel post are to be returned at our risk. You must bear the costs of the return shipment if the goods delivered correspond to those ordered. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the goods, for us with their receipt.
End of the revocation instruction
Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective environmental packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for compensation due to damage as a result of inadequate packaging.
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Online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
Here
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
Data protection notice
Note on the responsible body
The responsible party for data processing on this website is:
Panacea Orthomed GbR
Heiner Biedermann / Janet Saltheim
Paulstr. 6
D- 44803 Bochum
Tel.: 0221 / 716 555 – 0
info@pph34.de
UST-IdNr. DE275306213
Revocation of your consent to data processing
Some data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. An informal communication by e-mail to us is sufficient for this purpose. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Right of appeal to the competent supervisory authority
In the event of violations of data protection law, the person concerned has the right to lodge a complaint with the competent supervisory authority. The competent supervisory authority for data protection issues is the state data protection commissioner of the federal state in which our company is based. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/EN/Home/home_node.html;jsessionid=6750BFC5E9F639758BD7795BBBA3BF2D.2_cid344
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Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another responsible party, this will only be done insofar as it is technically feasible.
SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Information, blocking, deletion
Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if applicable, the right to correction, blocking or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time at the address given in the imprint.
Hosting services by a third party provider
Within the scope of processing on our behalf, a third party provider provides the services for hosting and displaying the website for us. This serves to protect our legitimate interests in the correct presentation of our offer, which are outweighed by a balancing of interests. All data collected in the course of using this website or in forms provided for this purpose in the online shop as described below are processed on its servers. No processing takes place on other servers. This service provider is located within a country of the European Union or the European Economic Area.
Data collection on our website
Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
browser type and browser version
Operating system used
referrer URL
Host name of the accessing computer
Time of the server request
IP address
This data is not merged with other data sources. However, the website operator reserves the right to check the server log files retrospectively if there are concrete indications of illegal use.
The basis for the data processing is Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.
Cookies
Some of the Internet pages use so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If you deactivate cookies, the functionality of this website may be limited.
Cookies that are required to carry out the electronic communication process or to provide certain functions that you have requested (e.g. shopping cart function) are stored on the basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in storing cookies for the technically error-free and optimised provision of its services.
Processing of data (customer and contract data)
We collect, process and use personal data only to the extent that it is necessary for the establishment, content or amendment of the legal relationship (inventory data). This is done on the basis of Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.
The data collected during the ordering process (fields marked as mandatory) include:
Name, first name
Address
E-mail address
We collect, process and use personal data about the use of our Internet pages (usage data) only insofar as this is necessary to enable the user to use the service or to bill the user. The collected customer data will be deleted after completion of the order or termination of the business relationship. Statutory retention periods remain unaffected.
In order to fulfil the contract in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO, we pass on to our service partners (e.g. the shipping company commissioned with the delivery) those data which are absolutely necessary for delivery or order processing. In this case, however, the scope of the transmitted data is limited to the necessary minimum.
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