Terms and Conditions for Business Customers
General Terms of Delivery and Payment of SERVOMED GmbH
Specialist Wholesaler and Retailer for Rehabilitation Aids and Orthopedic Technology
SERVOMED GmbH
Friedrichstraße 171
Einstein Palais
10117 Berlin
HR
Charlottenburg: HRB 105712
Managing Partner: Gerhard Dreher
§ 1 General Provisions
1) These Terms of Delivery and Payment are an integral part of all offers and contracts for the delivery of goods by the Seller, in particular with companies within the meaning of § 14 of the German Civil Code (BGB).
2) Deviating agreements and terms and conditions are only binding if they are confirmed by the Seller.
§ 2 Offers and Delivery Periods
1) General offers are subject to change without notice. Subject to prior sale.
2) Offers become binding upon written acceptance.
3) Delivery periods are subject to correct and timely self-delivery, unless the Seller guarantees them.
§ 3 Delivery of Merchandise
is subject to the charging of shipping costs. If, as a gesture of goodwill, goods are taken back in individual cases due to incorrect orders, the Buyer shall bear the costs for the outward and return shipment. A processing fee of 15% of the sales price of the goods will be charged, up to a maximum of 30.00 EUR.
§ 4 Packaging.
Will not be charged additionally. Excepted are special packagings for the shipment of hazardous materials.
§ 5 Delivery, Delay, and Impossibility
1) Delivery periods are subject to the condition of undisturbed operations but are not binding. Partial deliveries are permitted.
2) Labor disputes and unforeseeable, serious events for which the Seller is not responsible, such as sovereign measures, traffic disruptions, etc., shall release the Seller from the delivery period for the duration of their effect or in the event of impossibility.
3) There is no obligation to take back goods delivered free of defects.
4) Purchase on approval is expressly excluded.
§ 6 Payment
1) Sales with payment terms require an agreement. Otherwise, the following applies: The invoice amount is due and payable immediately. Default occurs 30 days after receipt of an invoice in the event of non-payment.
2) The granting of discounts becomes ineffective retroactively if the Buyer falls into default and the Seller initiates judicial dunning proceedings against the Buyer.
3) Settlement of invoices by check or bill of exchange is for the sake of payment and requires the consent of the Seller. Discount charges, bill charges, and other costs associated with the forms of payment shall be borne by the Buyer.
4) The Seller is entitled to demand interest from the Buyer from the due date at a rate of 8% per annum and, from the time of default, interest at a rate of 5% per annum above the base interest rate of the lending bank, but at least 8% per annum.
5) Invoices from the Seller are deemed accepted if they are not contested in writing within 14 days of the invoice date.
6) Booking costs for return transfers due to double payments or overpayments are 15.00 EUR. For returned direct debits due to non-payment for lack of funds or objection, 35.00 EUR.
§ 7 Notification of Defects, Warranty, and Liability
1) The obligations of §§ 377 and 378 of the German Commercial Code (HGB) apply with the proviso that the Buyer, being a merchant within the meaning of the HGB, must notify all obvious defects, shortages, or incorrect deliveries in writing within 6 working days after delivery, but in any case before installation or processing; transport damage and shortages, even in the case of packaged goods, must be reported by telephone immediately after handover of the goods and confirmed in writing. Customary shrinkage or leakage cannot be complained about.
2) In the event of a timely, justified notification of defects in faulty goods within the meaning of § 434 BGB, the Seller shall, at its discretion, remedy the defect or deliver a defect-free item. If the supplementary performance fails, is not provided within a reasonable period, is refused, or is unreasonable for the Buyer, the Buyer may demand the rescission of the contract or a reduction of the purchase price (abatement).
§ 8 Retention of Title
1) The delivered goods remain the property of the Seller until full payment of the purchase price and all claims from the entire business relationship. In the event of default in payment by the Buyer, the Buyer is obliged to surrender the reserved goods.
2) If reserved goods are sold by the Buyer alone or together with goods not belonging to the Seller, the Buyer hereby assigns the claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights to the Seller, who accepts this assignment.
3) The Buyer must inform the Seller immediately of any enforcement measures by third parties against the reserved goods or the assigned claims, handing over the documents necessary for an objection.
4) Upon cessation of payments, application for or opening of insolvency proceedings, or a judicial or extrajudicial composition proceeding, the right to resell, use, or install the reserved goods shall expire.
5) Upon settlement of all claims of the Seller from the business relationship, the ownership of the reserved goods and the assigned claims shall pass to the Buyer.
§ 9 Place of Performance and Jurisdiction
1) The place of performance is 10117 Berlin
2) The place of jurisdiction is Berlin
3) The law of the Federal Republic of Germany shall govern the contractual relationship.
§ 10 Data Protection Clause
The Buyer is hereby informed that personal data will be stored for the purposes of the business relationship entered into and—to the extent permitted by law—used or transmitted.
§ 11 Final Provisions
Should any of the above provisions be invalid, for whatever legal reason, the validity and binding nature of the remaining provisions shall not be affected thereby.
Terms and Conditions for Health Insurance Funds
General Terms of Delivery and Payment of SERVOMED GmbH
Specialist Wholesaler and Retailer for Rehabilitation Aids and Orthopedic Technology
SERVOMED GmbH
Friedrichstraße 171
Einstein Palais
10117 Berlin
HR
Charlottenburg: HRB 105712
Managing Partner: Gerhard Dreher
§ 1 General Provisions
1) These Terms of Delivery and Payment are an integral part of all offers and contracts for the delivery of goods by the Seller exclusively with health insurance funds and other so-called service providers in the healthcare and social system of the Federal Republic of Germany.
2) Deviating agreements and terms and conditions are only binding if they are confirmed by us as the contractual partner.
§ 2 Offers and Delivery Periods
1) The items offered in our product catalog with their prices constitute a general offer. General offers are subject to change without notice. Subject to prior sale.
2) Offers are deemed to have been bindingly accepted if an order initiated via the shopping cart function has been placed.
3) Delivery periods are subject to correct and timely self-delivery, unless we, as the contractual partner, guarantee this.
§ 3 Delivery of Medical Aids / Merchandise
An order must be placed online via our product catalog and the shopping cart function there. Delivery can only take place if this procedure is followed.
§ 5 Delivery, Delay, and Impossibility
1) Delivery periods are subject to the condition of undisturbed operations but are not binding. Partial deliveries are permitted.
2) Labor disputes and unforeseeable, serious events for which the Seller is not responsible, such as sovereign measures, traffic disruptions, etc., shall release the Seller from the delivery period for the duration of their effect or in the event of impossibility.
3) There is no obligation to take back goods delivered free of defects.
4) Purchase on approval is expressly excluded.
§ 6 Payment
1) Sales with payment terms require an agreement. Otherwise, the following applies: The invoice amount is due and payable immediately. Default occurs 30 days after receipt of an invoice in the event of non-payment.
2) The Seller is entitled to demand interest from the Buyer from the due date at a rate of 8% per annum and, from the time of default, interest at a rate of 5% per annum above the base interest rate of the lending bank, but at least 8% per annum.
3) Invoices from the Seller are deemed accepted if no deviation from the order placed online is apparent.
4) Booking costs for return transfers due to double payments or overpayments are 15.00 EUR. For returned direct debits due to non-payment for lack of funds or objection, 35.00 EUR.
§ 7 Notification of Defects, Warranty, and Liability
2) In the event of a timely, justified notification of defects in faulty goods within the meaning of § 434 BGB, the contractual partner shall remedy the defect or deliver a defect-free item. If the supplementary performance fails, is not provided within a reasonable period, is refused, or is unreasonable for the Buyer, the Buyer may demand the rescission of the contract or a reduction of the purchase price (abatement).
§ 8 Retention of Title
1) The delivered goods remain the property of the contractual partner until full payment of the purchase price and all claims from the entire business relationship.
2) If reserved goods are sold by the Buyer alone or together with goods not belonging to the contractual partner, the health insurance fund as the Buyer hereby assigns the claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights to the contractual partner, who accepts this assignment.
3) The health insurance fund as the Buyer must inform the contractual partner immediately of any enforcement measures by third parties against the reserved goods or the assigned claims, handing over the documents necessary for an objection.
4) Upon cessation of payments, application for or opening of insolvency proceedings, or a judicial or extrajudicial composition proceeding, the right to resell, use, or install the reserved goods shall expire.
5) Upon settlement of all claims of the contractual partner from the business relationship, the ownership of the reserved goods and the assigned claims shall pass to the health insurance fund as the Buyer.
§ 9 Place of Performance and Jurisdiction
1) The place of performance is 10117 Berlin
2) The place of jurisdiction is Berlin
3) The law of the Federal Republic of Germany shall govern the contractual relationship.
§ 10 Data Protection Clause
The health insurance fund as the Buyer is hereby informed that personal data will be stored for the purposes of the business relationship entered into and—to the extent permitted by law—used or transmitted.
§ 11 Final Provisions
Should any of the above provisions be invalid, for whatever legal reason, the validity and binding nature of the remaining provisions shall not be affected thereby.
Terms and Conditions for Private Customers / End Consumers
SERVOMED GmbH
Friedrichstraße 171
Einstein Palais
10117 Berlin
HR
Charlottenburg: HRB 105712
Managing Partner: Gerhard Dreher
We supply you without restriction in accordance with the statutory provisions of §§ 312c et seq. BGB for the protection of consumers. The permitted exclusions are named and listed both in the instructions on the right of withdrawal and in the right of return under the designation ‘Waiver of Withdrawal’. A purchase contract between us, SERVOMED GmbH, and a consumer is concluded exclusively using the means of distance communication email in the online shop of SERVOMED GmbH.
Instructions on the Right of Withdrawal and Waiver of Withdrawal
Right of Withdrawal
You may withdraw your contractual declaration within 14 days without giving reasons in text form (e.g., letter, fax, email) or—if the item is provided to you before the deadline expires—by returning the item. The period begins after receipt of these instructions in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB as well as our obligations pursuant to §§ 312e Para. 1 Sentence 1 BGB.
Waiver of Withdrawal when Purchasing Medical Aids
You expressly agree to the waiver of withdrawal by making the purchase, even before the purchase of medical aids.
Medical aids include, among others: items that serve to ensure the success of a treatment, to prevent an impending disability, or to compensate for an existing disability by having a supportive, replacing, or relieving effect. They are not general consumer goods, but products that are required in individual cases. These include the following product groups and product subgroups specified in the product group directory of the Federal Ministry of Health. These are:
Suction devices [01], Adaptation aids [02], Application aids [03], Equipment requirements for businesses and care facilities [80], Bathing aids [04], Bandages [05], Irradiation devices [06], Aids for the blind [07], Insoles [08], Electrostimulation devices [09], Manufacturing materials [36], Fitness and massage [38], Foot protection items [35], Walking aids [10], Aids against decubitus [11], Aids for compression therapy [17], Inhalation and respiratory therapy devices [14], Incontinence aids [15], Cold and heat [42], Cushions, wedges, rollers [43], Personal care, hygiene, and intensive care [37], Body protection and belts [46], Invalid vehicles [18], Nursing care items [19], Positioning aids [20], Mattresses and pads [44], Measuring devices for body states/functions [21], Rental, advertising, and administration [90], Mobility aids [22], Orthoses/splints [23], Care aids to facilitate care [50], Care aids to alleviate symptoms [53], Care aids for independent living/mobility [52], Products for various areas of application [70], Prostheses [24], Shoes [31], Stockings without compression [34], Therapeutic exercise equipment [32], Toilet aids [33], Laundry and laundry protection [39], Wellness and relaxation [45], Consumable care aids [54].
A withdrawal is to be addressed to:
SERVOMED GmbH
Service
Kettelerstr. 7
66299 Friedrichsthal-Bildstock
Email: [email protected]
Phone: 06897-84 14 064
Fax: 06897-84 14 065
Consequences of Withdrawal
In the event of an effective withdrawal, 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 service received in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for value. In the case of the surrender of items, this does not apply if the deterioration of the item is exclusively attributable to its inspection—as would have been possible for you in a retail shop. Furthermore, you can avoid the obligation to pay compensation for value for a deterioration caused by the intended use of the item by not using the item as your property and refraining from anything that impairs its value. Items that can be sent by parcel are to be returned at our risk. You shall bear the costs of the return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of withdrawal or the item, and for us with its receipt.
Exclusion
Medical aids may no longer be returned to the product cycle and are therefore excluded from the right of withdrawal.
End of the instructions on the right of withdrawal
Instructions on the Right of Return
Right of Return
You may return the goods received without giving reasons within [14 days] (1) by returning the goods. The period begins after receipt of these instructions in text form (e.g., as a letter, fax, email), but not before receipt of the goods (2). Only in the case of goods that cannot be sent by parcel (e.g., bulky goods) can you also declare the return by requesting a take-back in text form. To meet the deadline, timely dispatch of the goods or the take-back request is sufficient. In any case, the return shipment is at our expense and risk.
The return shipment or the take-back request must be sent to:
SERVOMED GmbH
Service
Kettelerstraße 7
66299 Friedrichsthal-Bildstock
Tel.: +49 (0) 6897-84 14 064
Fax: +49 (0) 6897-84 14 065
Email: [email protected] and www.servomed.de
