General Terms and Conditions & Customer Information

Inhaltsverzeichnis

  1. scope
  2. conclusion of a contract
  3. right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. retention of title
  7. Liability for defects (warranty)
  8. Applicable law
  9. place of jurisdiction
  10. Alternative Dispute Settlement

1.scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of PolyCare Research Technology GmbH & Co. KG (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with respect to the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to unless otherwise agreed.

1.2 For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2. conclusion of a contract

2.1 The product descriptions contained in the seller's online shop do not represent any binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and having completed the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the order process.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is authoritative in this respect, or
  • by delivering the ordered goods to the customer, in so far as the receipt of the goods by the customer is authoritative, or
  • by asking the customer to pay after placing his order.

If several of the above-mentioned alternatives are available, the contract is concluded at the time when one of the above-mentioned alternatives occurs first. The period of time for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period of time, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller and sent to the customer in text form (e. g. e-mail, fax or letter) together with the present General Terms and Conditions of Business. However, the contract text can no longer be retrieved by the customer from the seller's website after the order has been sent.

2.5 Before placing an order through the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. The magnification function of the browser can be an effective technical tool for better recognition of input errors, which can be used to enlarge the display on the screen. The customer can correct his or her entries within the electronic ordering process using the usual keyboard and mouse functions until he or she clicks on the button that concludes the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 The order processing and contacting usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him/her for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer has to ensure that all e-mails sent by the seller or third parties charged with the order processing can be delivered

3. right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of revocation can be found in the seller's right of revocation.

4. Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory value added tax. If applicable, additional delivery and shipping costs are stated separately in the respective product description.

4.2 The customer will be informed of the payment option (s) in the seller's online shop.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.4 If payment is made by means of a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S. à r. l. et Cie, S. C. A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter:"PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5.Delivery and shipping conditions

5.1 Unless otherwise agreed, goods shall be shipped to the delivery address specified by the customer. The delivery address stated in the seller's order processing is decisive for the transaction. Notwithstanding this, if the customer chooses the payment method PayPal, the delivery address provided by the customer at the time of payment with PayPal is decisive.

5.2 If the transport company sends the shipped goods back to the seller, since it was not possible to deliver them to the customer, the customer shall bear the costs for unsuccessful shipment. This does not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had notified him of the service for a reasonable period of time in advance.

5.3 For logistical reasons, it is not possible to collect the goods yourself.

6. retention of title

If the seller enters into advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.

7. Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2 The customer is requested to make a complaint to the deliverer about the delivered goods with obvious transport damages and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8. Applicable law

The laws of the Federal Republic of Germany shall apply to all legal relations between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

9. place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the business domicile of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above-mentioned cases, however, the seller is in any case entitled to appeal to the court at the customer's domicile.

10. Alternative Dispute Settlement

10.1 The EU Commission provides a platform for the online settlement of disputes on the Internet under the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.