Terms and conditions for consumers
A. General terms and conditions
1. Scope of application
2. Conclusion of contract
3. Prices and payment terms
4. Retention of title
5. Delivery and shipping terms
6. Warranty
7. Applicable law
8. Final provisions
B. Customer information for consumers
1. Information on the identity of the seller
2. Information on the essential characteristics of the goods or services
3. Information on the conclusion of the contract
4. Information on prices, payment and delivery terms
5. Right of withdrawal for consumers and model withdrawal form
6. Information on the technical steps leading to the conclusion of the contract 7. Information on the guarantee
7. Information on the guarantee
8. Information on the storage of the contract text
9. Information on the technical means to recognize and correct input errors
10. Information on the languages available for the conclusion of the contract
A. General Terms and Conditions for Consumers
1. Scope
1.1.
These terms and conditions of PR BRAUN Medical Devices GmbH (hereinafter referred to as the Seller) apply to all contracts that a consumer (hereinafter referred to as the “Customer”) concludes with the Seller with regard to the goods and/or services displayed in the online store, by email, or by telephone. The business transaction and delivery are carried out exclusively on the basis of these general terms and conditions (GTC), even if the offer is made from outside the Federal Republic of Germany. The seller does not recognize any of the customer's terms and conditions that conflict with or deviate from these terms and conditions and hereby expressly objects to them.
1.2.
A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. A company is any natural or legal person or a partnership with legal capacity that acts in the course of a legal transaction in the exercise of its independent professional or commercial activity.
2. Conclusion of contract
2.1.
The subject of the contract is the sale of goods.
2.2.
The product presentations contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.3.
The customer can submit the offer by fax, by phone, by e-mail or via the online order form integrated into the seller's online store. When placing an order via the online order form, the customer enters his personal data (including means of payment and shipping method) by clicking the “ORDER WITH OBLIGATION TO PAY” button in the final step of the ordering process, thereby submitting a legally binding contract offer with regard to the goods contained in the shopping cart.
2.4.
The seller can accept the customer's offer by sending a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivering the goods within five days. The seller is entitled to refuse the order.
2.5.
The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the order process is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Prices and payment terms
3.1.
The prices quoted by the seller are final prices and include the statutory German sales tax. Any additional delivery and shipping costs incurred will be indicated separately in the respective product description in the offer. The prices at the time of the order apply.
3.2.
The seller offers various payment options. These can be accessed via a button marked accordingly on our website and are shown separately during the ordering process. We reserve the right to exclude one or more payment methods.
3.3.
If advance payment has been agreed, payment is due immediately after the contract is concluded.
3.4.
If the customer selects the payment method direct debit (direct debit, SEPA direct debit) and provides the seller with the customer's bank details, the seller is revocably authorized to collect the invoice amount from the customer's account. The direct debit takes place when the ordered goods leave the seller's warehouse. If the direct debit is not honored due to insufficient funds or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this.
3.5.
In the case of collection by the customer, the seller first informs the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can pick up the goods by arrangement with the seller. In this case, no shipping costs will be charged.
4. Retention of title
The goods remain our property until full payment of the purchase price.
5. Delivery and shipping conditions
5.1.
The delivery of goods takes place regularly on the dispatch route and to the delivery address given by the customer. When the transaction is processed, the delivery address given in the seller's purchase process is decisive.
5.2
If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, which he has previously asserted in writing to the seller, if the customer is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service.
6. Warranty
6.1
The statutory right of liability for defects applies to delivered goods.
6.2
No warranty is provided for parts that are subject to wear and tear and for consumables. The buyer is obliged to provide suitable evidence that a warranty claim exists against us.
6.3
If the buyer discovers defects or the lack of warranted characteristics, he must notify us of this in writing immediately after discovering the defect or the lack of the characteristic.
6.4
The warranty is provided at our discretion either by repairing the delivered item free of charge or by replacing it. The buyer only has the right to rescission or reduction after three attempts at rectification have failed.
6.5
We do not provide any warranty if the buyer or an unauthorized third party has tampered with or modified the delivered products, or if the defect has occurred as a result of unfavorable operating conditions, violations of our operating instructions or our assembly conditions, natural wear and tear or lack of maintenance.
6.6
Claims for damages beyond the warranty agreed here are excluded, unless we have acted with intent or gross negligence. In particular, claims for damages to products not supplied by us or to third parties are excluded.
7. Applicable law
7.1.
German law shall apply to the exclusion of the UN Sales Convention. For consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
7.2.
The language of the contract is German.
8. Final Clauses
Should one or more provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.
B. Customer information for consumers
1. Information on the identity of the seller
PR BRAUN Medical Devices GmbH
Neue Bruchstraße 2a
76275 Ettlingen
Commercial register: Commercial Register B 735426
Register court: Mannheim District Court
Represented by:
Ralf J. Braun
Telephone: +49 (0) 7243 - 94 90 565
Fax: +49 (0) 7243 - 94 90 569
E-mail: info@notfallretter.de
VAT registration number in accordance with § 27a of the VAT Act:
DE327369291
Alternative dispute resolution:
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the essential characteristics of the goods or services
The essential characteristics of the goods or services are derived from the respective product description posted by the seller.
3. Information on the conclusion of the contract
The contract shall be concluded in accordance with Section 2 of the seller's General Terms and Conditions.
4. Information on prices, payment and delivery terms
4.1.
The prices stated in the respective offers are total prices. They include all price components, including all applicable taxes. The additionally incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
4.2
You have the option to choose between different payment methods. The details for this can be found on the correspondingly designated button on our website and will be shown separately during the ordering process. We reserve the right to exclude one or more payment methods.
4.3.
If advance payment has been agreed, payment is due immediately after the contract has been concluded.
4.4.
If the payment method direct debit (direct debit, SEPA direct debit) is selected and the customer's bank details are provided, the seller is revocably authorized to collect the invoice amount from the customer's account. The direct debit takes place when the ordered goods leave the seller's warehouse. If the direct debit is not honored due to insufficient funds or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this.
4.5.
In the case of collection by the customer, the seller shall first inform the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can pick up the goods by arrangement with the seller. In this case, no shipping costs will be charged.
4.6.
Delivery shall be made in accordance with Section 5 of the seller's General Terms and Conditions (see above).
5. Right of withdrawal for consumers and model withdrawal form
Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their permanent professional activity.
5.1. Right of withdrawal
You have the right to withdraw from this contract within 14 days without stating any reasons.
The revocation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. If you have ordered several items and these have been delivered separately, the revocation period shall be 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last item.
To exercise the right of withdrawal, you must inform us (PR BRAUN Medical Devices GmbH, Neue Bruchstraße 2a, 76275 Ettlingen, Germany) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached sample revocation form for this purpose, but this is not mandatory.
To meet the revocation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the revocation period has expired.
5.2. Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this repayment. We may refuse a repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You shall send back the goods or hand them over to PR BRAUN Medical Devices GmbH, Neue Bruchstraße 2a, 76275 Ettlingen, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You shall bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6. Information on the technical steps leading to the conclusion of the contract
6.1.
The contract is concluded by offer and acceptance. If the customer uses the seller's online order form to place his order, he submits his offer as follows:
6.1.1.
On the seller's product page, the customer first clicks on the “Add to cart” button. A new page then opens, displaying the contents of the shopping cart.
6.1.2.
Now the customer clicks on the “Checkout” button, either directly or after adding further goods to the virtual shopping cart. If the customer has not yet registered and logged in, a new page opens. In this intermediate step, the customer must either register again and open a customer account, register for a guest order or log in if they are already registered as a customer. If the customer is already registered, they fill in the fields “Your e-mail address” and “Your password” and then click on the “Login” button. If the customer is not yet registered, they click on the “Register now” button. Then he selects by clicking whether he wants to open a customer account or just place a guest order. He then fills out the form and clicks on the “Next” button. A new page then opens, which displays the billing address and the delivery address and allows the addresses to be edited or additional addresses to be added.
6.1.3.
Now the customer clicks on the “Next” button in the third step, either directly or after editing or adding addresses.
6.1.4.
A new page opens, on which the customer can select the desired payment method by clicking on it in the fourth step.
6.1.5.
In the fifth step, the customer clicks on the “Next” button. A new page then opens, summarizing the order details.
6.1.6.
In the sixth step, the customer clicks on the checkbox next to “I hereby accept the data protection provisions and General Terms and Conditions and confirm that I have read the following revocation instruction”.
6.1.7.
In the seventh step, the customer clicks on “Submit order”.
6.2.
Acceptance by the seller is subject to the provisions of Section 2.4 of the seller's General Terms and Conditions (see above).
7. Information on the warranty
The liability for defects is governed by Section 6 of the seller's General Terms and Conditions (see above).
8. Information on the storage of the contract text
The contract text is stored by the seller and sent to the customer in text form (e.g. as a
letter, fax, e-mail). In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account, provided that the customer has created a customer account in the seller's online store before sending his order.
9. Information on the technical means to detect and correct input errors
Before the order is placed, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is placed and can also be corrected there using the usual keyboard and mouse functions.
10. Information on the languages available for concluding the contract
The contract may only be concluded in German.
Terms and conditions for companies
A. General terms and conditions
1. Scope of application
2. Conclusion of contract
3. Prices and payment terms
4. Retention of title
5. Delivery and shipping terms
6. Warranty
7. Applicable law
8. Final provisions
A. General Terms and Conditions for Entrepreneurs
1. Scope
These terms and conditions of PR BRAUN Medical Devices GmbH (hereinafter referred to as the Seller) apply exclusively to entrepreneurs within the meaning of §§ 14, 310 para. 1 BGB (German Civil Code) for all contracts that an entrepreneur (hereinafter referred to as the “Customer”) concludes with the Seller with regard to the goods and/or services displayed in the online store, by email, or by telephone. The business transaction and delivery are carried out exclusively on the basis of these general terms and conditions (GTC), even if the offer is made from outside the Federal Republic of Germany. The seller does not recognize and hereby expressly objects to any terms and conditions of the customer that conflict with or deviate from these terms and conditions.
2. Conclusion of contract
2.1.
The subject of the contract is the sale of goods.
2.2.
The product images contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.3.
The customer can submit the offer by fax, by phone, by e-mail or via the online order form integrated into the seller's online store.
When placing an order via the online order form, the customer enters his personal data (including means of payment and shipping method) by clicking the “ORDER WITH OBLIGATION TO PAY” button in the final step of the ordering process, thereby submitting a legally binding contract offer with regard to the goods contained in the shopping cart.
The seller can accept the customer's offer by sending a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivering the goods within five days. The seller is entitled to refuse to accept the order.
2.4.
The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the order process is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Prices and payment terms
3.1.
The prices quoted by the seller are final prices and include the statutory German sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description in the offer. The prices at the time of the order apply.
3.2.
Seller offers various payment options. These can be accessed via a correspondingly labeled button on our website and are shown separately during the ordering process.
In addition, Seller offers the following payment methods: invoice payable within 10 days and prepayment by bank transfer.
We reserve the right to exclude one or more payment methods.
3.3.
If advance payment has been agreed, payment is due immediately after the contract has been concluded.
3.4.
If the payment method direct debit (direct debit, SEPA direct debit) is selected and the customer's bank details are provided, the seller is revocably authorized to collect the invoice amount from the customer's account. The direct debit takes place when the ordered goods leave the seller's warehouse. If the direct debit is not honored due to insufficient funds or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this.
3.5.
If the customer picks up the goods themselves, the seller will first inform the customer by email that the goods they ordered are ready for pickup. After receiving this email, the customer can pick up the goods by arrangement with the seller. In this case, no shipping costs will be charged.
4. Retention of title
The goods remain our property until full payment of the purchase price. You are obliged to treat the goods with care, in particular to protect them from damage. You are entitled to resell the goods in the ordinary course of business. However, you hereby assign to us all claims arising from the resale by way of security.
5. Delivery and shipping conditions
5.1.
The delivery of goods is regularly carried out via the dispatch route and to the delivery address provided by the customer. When the transaction is processed, the delivery address provided in the seller's purchase process is decisive.
5.2.
If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily unable to accept the offered service, unless the seller had announced the service a reasonable time in advance.
6. Warranty
6.1
A reduced warranty of one year applies to delivered goods.
6.2
No warranty is given for parts subject to wear and tear and for consumables. The buyer is obliged to provide suitable evidence that a warranty claim exists against us.
6.3
If the buyer discovers defects or the absence of warranted characteristics, he must notify us of this in writing immediately after discovering the defect or the absence of the characteristic.
6.4
The warranty is provided, at our discretion, either by repairing the delivered item free of charge or by replacing it. The buyer only has the right of conversion or reduction after three attempts at rectification have failed.
6.5
We do not provide any warranty if the buyer or unauthorized third parties have tampered with or modified the delivered products, or if the defect has occurred as a result of unfavorable operating conditions, violations of our operating instructions or our assembly conditions, natural wear and tear or lack of maintenance.
6.6
Claims for damages over and above the warranty agreed here are excluded, unless we have acted with intent or gross negligence. In particular, claims for damages to products not supplied by us or to third parties are excluded.
6.7
The requirement to file a complaint in accordance with § 377 of the German Commercial Code (HGB) and the resulting consequences shall apply.
7. Applicable law
7.1.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.
7.2.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if their domicile or usual place of residence is not known at the time the action is brought. The right to also appeal to the court at another legal place of jurisdiction remains unaffected.
For all other buyers, the exclusive place of jurisdiction and place of performance is our place of business in Ettlingen.
In all other cases not covered by these terms and conditions, the place of jurisdiction shall be governed by the statutory provisions.
7.3.
The contract language is German.
8. Final provisions
8.1.
Amendments or supplements to these terms and conditions must be made in writing. This also applies to the waiver of this written form requirement.
Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.