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General Terms and Conditions

Last updated: 11.04.2024

§ 1 Scope of application

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

These General Terms and Conditions shall also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

§ 2 Contractual partner, conclusion of contract

The purchase contract is concluded with medisana GmbH.

By placing the products in the online shop, we submit a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

§ 3 Contract language, contract text storage

The language(s) available for the conclusion of the contract: English

We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

§ 4 Subject matter of the contract

§ 4.1 Product description

Reference is made to the validity of the respective product description as an integral part of the contract.

§ 4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us:.

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colours are possible.

Natural variations in the grain, structure and colour of wood products are possible.

§ 5 Terms of delivery

§ 5.1 Shipping costs

Standard shipping is free of charge from an order value of 40 euros incl. VAT.

§ 5.2 Delivery options

We dispatch the products to the delivery address specified in the order process.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself

§ 5.3 Delivery by forwarding agent

In the case of forwarding deliveries, the forwarding company commissioned by us will contact you to agree a delivery date. Delivery of the goods is limited to the transport and unloading of the goods to the first public kerb at the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the goods ordered, unless expressly agreed otherwise.

§ 6 Payment

§ 6.1 Prices

The prices stated at the time of ordering apply. These are total prices and include statutory VAT.

§ 6.2 Payment methods

The following payment methods are available in our shop.

Klarna
In co-operation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and in the order process.

Purchase on account via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice.
Klarna can offer registered Klarna customers, selected according to their own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with Klarna. You can find further information on this in your Klarna account.

Klarna credit card
You enter your credit card details during the ordering process. Your card will be charged by Klarna immediately after placing the order. There is no address or credit check.

Purchase in instalments via Klarna
You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The minimum instalment amount is 6.95 euros. Klarna can offer registered Klarna customers selected according to its own criteria further payment methods in the customer account (e.g. interest-free instalment plans). However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with Klarna. You can find further information on this in your Klarna account.

PayPal
In co-operation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. Further information can be found in the respective payment option and in the order process.

PayPal, PayPal Express
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.

§ 7 Right of cancellation

You are entitled to the statutory right of cancellation as described in the cancellation policy.

§ 8 Retention of title

The product remains our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

§ 9 Data backup

You are responsible for the proper and regular backup of your data. We are not liable for damages resulting from the loss of data if you could have avoided the data loss by regularly and completely backing up your data.

The above restriction does not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • In the event of injury to life, limb or health.
  • In the event of wilful or grossly negligent breach of duty and fraudulent intent.
  • In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations).
  • Within the framework of a guarantee promise, if agreed.
  • Insofar as the scope of application of the Product Liability Act is opened.

§ 10 Warranty and guarantees

§ 10.1 Liability for defects

The statutory liability for defects shall apply.

§ 10.2 Warranties and customer service

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).

The above restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  1. In the event of injury to life, limb or health.
  2. In the event of wilful or grossly negligent breach of duty and fraudulent intent.
  3. In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations).
  4. Within the scope of a guarantee promise, if agreed.
  5. Insofar as the scope of application of the Product Liability Act is opened.

Customer service:

Phone: +49 (0) 2131 / 36 68 0
Our customer service is available daily (Mon-Fri) from 08:00-17:00.

§ 11 Liability

We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents:

  • In the event of injury to life, limb or health.
  • In the event of wilful or grossly negligent breach of duty.
  • For guarantee promises, if agreed.
  • Insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

§ 12 Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Should individual clauses of these GTC be wholly or partially invalid, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.