General terms and conditions of business
1. general, scope of application
1.1 These General Terms and Conditions ("GTC") shall apply to all contracts that involve the sale of products ("Goods") by ISG Intermed Service GmbH & Co. KG, headquartered in Geesthacht, Germany, ("we" or "Intermed") to its customers ("you" or "customer") regarding the goods presented in our online shop.
1.2 These General Terms and Conditions shall only apply if the Customer is an entrepreneur pursuant to § 14 BGB (German Civil Code), a legal entity under public law or a special fund under public law. The sale of goods is exclusively based on these GTC. The GTC shall also apply to all future contracts with the customer, even if they are not separately agreed again.
1.3 Any terms and conditions of the customer that are contrary to or deviate from these GTC or that supplement these GTC shall only apply if we have expressly agreed to their validity in writing. This consent requirement as well as these General Terms and Conditions of Business shall also apply if we carry out the delivery without reservation in the knowledge that the customer's terms and conditions contradict or deviate from these General Terms and Conditions of Business.
1.4 Individual agreements with the customer take precedence over these GTC. Subject to proof to the contrary, an agreement or confirmation on our part in written or text form (e.g. letter, e-mail or fax) is decisive for the content of such agreements. Legally relevant declarations and notifications (e.g. setting deadlines, declarations of withdrawal, notices of termination, notifications of defects) of the customer to Intermed must be made in text form.
2. Conclusion of Contract
2.1 The presentation and advertising of the goods in our online shop does not constitute a binding offer on our part to conclude a purchase contract, but rather an invitation to the customer to order the goods described and to make an offer to conclude a contract. The customer has made a binding offer for the conclusion of a purchase contract when he orders the desired goods in our online shop, by e-mail, telephone, fax or by post.
a) Order in our online shop:
In order to be able to buy articles from the range of goods in our online shop, a registration (Log In) under the function "my account" is required first. After successful Log In, you can select products from the range of goods at https://shop.intermed.de and place them in a so-called "shopping cart" by clicking the button "add to cart" and collect them. There you can select the delivery quantity of the desired goods, add or remove goods.
The order can only be submitted and sent if you have previously accepted these contractual conditions by clicking on the button "Accept GTC" and thereby included them in the order. You can read these AGB (General Terms and Conditions) at any time via your browser, save them on your computer or print them out. The AGB are also always available for retrieval at the Internet address https://www.intermed.de under the button "AGB".
By clicking on the button "Order subject to payment", you then submit a binding offer to conclude a purchase contract for the goods contained in the shopping basket.
If the order is placed via our internet shop, the confirmation of receipt of the order is usually made immediately after sending it; it contains a compilation of the products, stating the total final price including VAT and the separately shown shipping costs. This confirmation of receipt documents that we have received your order and does not constitute acceptance of your offer.
2.2 The customer is bound to his order for a period of two (2) weeks after placing the order. Decisive for this period is the date of receipt of the mail or fax by us or the date of acceptance of the order by telephone by us.
2.3 The purchase contract is considered concluded upon delivery of the goods or sending of the GTC. The purchase contract is only concluded when we accept the customer's offer within the period according to section 2.2 in writing or in text form (order confirmation) or send the customer the ordered goods. The scope of delivery and the specifications of the goods are exclusively stated in our order confirmation, if applicable.
3. prices and terms of payment
3.1 All prices quoted in our online shop are net prices plus the statutory value added tax (VAT) and including packaging as well as plus shipping and, in the case of deliveries abroad, plus customs duties as well as fees and other public charges.
3.2 The prices shown in the online shop are subject to price changes by manufacturers or suppliers. We therefore reserve the right to change prices compared to the information in the online shop and the current catalogue. Orders already placed remain unaffected by the changes.
3.3 We deliver the goods to the place agreed with the customer. For the delivery, we use our own transport service if possible (delivery obligation). Otherwise, we will use an external service provider for shipping. In this case, however, it is a debt of fate, i.e. we only owe the timely and proper delivery of the goods to the transport person, and the risk of accidental loss of the goods passes to the customer upon handover to the transport person. Unless we have individually agreed otherwise, we shall decide at our reasonable discretion on the type of shipment, in particular the transport company and the shipping route.
3.4 In the event of transport by our in-house transport service, we will charge the customer a flat rate for shipping costs of € 5.95 plus VAT (different regulations apply for dealers). We reserve the right to charge extra for transport costs for furniture and large appliances.
3.5 From a net value of goods of 50.00 € we do not charge shipping costs in Germany. This does not apply to deliveries to German islands and abroad, nor to deliveries of furniture and large appliances. In these cases we will charge you the costs incurred for the use of an external service provider.
3.6 You can obtain information on the shipping method and costs of shipping from our ordering service by calling our order service on +49 (4152) 848-100.
3.7 Our invoice amounts are generally due for payment without any deductions within 14 days from the date of invoice and delivery of the goods, unless otherwise agreed in writing. A payment shall only be deemed to have been made when we can dispose of the amount. The customer shall be in default of payment upon expiry of the aforementioned payment period.
3.8 In the event of a delay in payment, we shall be entitled to claim the statutory interest on arrears.
3.9 Payment of the goods is always made on account. In the case of new customers, orders from customers with business headquarters in countries outside the European Economic Area or if there are justified indications of a risk of non-payment, we are entitled to deliver only after receipt of the purchase price, shipping and any other costs (reservation of advance payment). If we make use of this option, we will inform the customer immediately, but at the latest with the order confirmation.
3.10 If it becomes apparent after conclusion of the contract (e.g. by filing for the opening of insolvency proceedings) that our claim to the purchase price is endangered by the customer's lack of ability to pay, we are entitled to withdraw from the contract in accordance with the statutory provisions on refusal of performance and (if necessary after setting a deadline) to withdraw from the contract (§ 321 BGB).
3.11 Alternatively, the customer can issue Intermed with a SEPA basic mandate and thereby authorises us to honour SEPA direct debits in the amount of the respective invoice amount vis-à-vis his bank. The direct debit is collected ten days after the invoice date with a discount of 1 % on the respective invoice amount. The period for pre-notification is reduced to five days. The customer assures to provide for the coverage of the account. Any costs incurred due to non-redemption or reversal of the direct debit shall be borne by the customer as long as the non-redemption or reversal was not caused by us.
3.12 Only undisputed or legally established claims entitle the customer to offset or retention. In case of defects of the goods, the customer's counter rights remain unaffected.
4. delivery, dispatch, delay in delivery and acceptance
4.1 Our information on the goods (e.g. weights, dimensions and technical data) as well as our representations of the same (e.g. illustrations) are only approximately authoritative, unless the usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics of quality, but descriptions or identifications of the goods. Deviations customary in the trade are permissible insofar as they do not impair the usability for the contractually intended purpose.
4.2 You will receive the goods as soon as possible. All articles that are immediately available from stock will be delivered by our in-house transport service within 24 hours if possible (see point 3), provided that the order is received by us by 2 pm. Otherwise the delivery time is approx. two weeks after order confirmation, unless otherwise agreed. In the case of advance payment, the delivery period begins with payment of the purchase price and the shipping costs. Revise formulation!
4.3 Prerequisite for direct deliveries to the buyer's delivery address is a road passable by trucks. If this is not available at the place of delivery, please contact us in advance.
4.4 If a product is out of stock, we will inform you immediately. If the goods are permanently unavailable, we will refrain from a declaration of acceptance. In this case a contract is not concluded. Delays in delivery due to legal or official orders for which we are not responsible will extend the delivery time until the respective order is complied with. This concerns, for example, import/export restrictions or compliance with customs regulations for deliveries abroad. The customer shall bear the costs for obtaining any export permit.
4.5 Partial deliveries are permissible to a reasonable extent. We shall bear the increased shipping costs resulting from such partial deliveries ourselves and shall not charge them to you.
4.6 Delivery periods are only binding if they have been expressly confirmed by us as binding in writing. Otherwise they are "approx. deadlines".
4.7 If binding delivery deadlines cannot be met for reasons for which we are not responsible (non-availability of the service), we will inform the customer of this immediately and at the same time inform him of the expected new delivery deadline. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part and shall immediately refund any consideration provided by the customer. A case of non-availability of the service is especially the non-timely self-delivery by our suppliers, if we have concluded a congruent hedging transaction, neither we nor the supplier are at fault or we are not obliged to procure in individual cases.
4.8 The occurrence of a delay in delivery is otherwise determined by the statutory provisions. In any case (with the exception of transactions for delivery by a fixed date), however, a reminder from the customer is required. Our liability in the event of a delay in delivery is - except in cases of intent or gross negligence - limited to a maximum amount of 25% of the net purchase price.
4.9 If the customer is in default of acceptance, if he fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we are entitled to demand compensation for the resulting damage including additional expenses (e.g. costs for return transport or new delivery, storage costs). For this we charge a storage lump sum of 5% of the value of the goods per month, starting with the unsuccessful delivery of the goods. The proof of a higher damage and our legal claims (in particular compensation for additional expenses, appropriate compensation, termination) remain unaffected; however, the flat rate is to be offset against further monetary claims. The customer shall be entitled to prove that we have not incurred any damage at all or that the damage incurred by us is significantly lower than the above lump sum.
5. retention of title
5.1 We reserve title to the delivered goods (reserved goods) until the purchase price including VAT and shipping costs for the goods in question has been paid in full.
5.2 The customer is entitled to dispose of the goods subject to retention of title in the ordinary course of business, provided he is not in default of payment. He may not pledge the goods subject to retention of title and the claims replacing them from a resale or transfer them by way of security or make any other disposition of the goods subject to retention of title which frustrates or impedes the security purpose of the retention of title.
5.3 The customer hereby assigns to us all claims against third parties arising from the resale as security. He is authorized to collect them for our account until such time as this authorization is revoked or his payment to us is suspended. Our right to collect the claims ourselves shall not be affected thereby; however, we shall not assert the claims ourselves and shall not revoke the direct debit authorization as long as the customer duly meets his payment obligations, no significant deterioration of the financial situation occurs, no application for the opening of insolvency proceedings has been filed and no other deficiency in his ability to pay exists.
5.4 The customer must notify us immediately in writing of any third party access to the goods and claims belonging to us. The third party must be informed of our reservation of title. If the third party is not able to reimburse the judicial and extrajudicial costs incurred by us in this connection, the customer shall be liable for these costs.
5.5 In the event of conduct on the part of the customer in breach of contract - in particular default of payment - we shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the reserved goods. If the customer does not pay the due purchase price, we may only assert these rights if we have previously set the customer a reasonable deadline for payment or if such setting of a deadline is dispensable under the statutory provisions. The customer shall bear the transport costs incurred for taking back the goods.
5.6 If the value of the securities exceeds our claims by more than 10%, we shall release securities of our choice to this extent at the customer's request.
6. liability for defects, return
6.1 The statutory provisions shall apply to the customer's rights in the event of material defects or defects of title, unless otherwise stipulated below. The special regulations for the recourse of the entrepreneur in the case of final delivery of the goods to a consumer within the scope of the purchase of consumer goods (§§ 445a, 445b BGB in conjunction with §§ 474, 478 BGB) remain unaffected.
6.2 Any guarantees given by us for specific goods or manufacturer's guarantees given by the manufacturers of specific goods shall be in addition to claims for material defects or defects of title. Details of the scope of such guarantees are set out in the guarantee conditions which may be enclosed with the goods.
6.3 Warranty claims shall become statute-barred within one year and shall begin upon delivery of the goods. This period does not apply to claims for damages by the customer resulting from injury to life, body or health or from intentional or grossly negligent breaches of duty by Intermed or its vicarious agents, which are subject to the statute of limitations in accordance with the statutory provisions. If the last customer in the supply chain is an entrepreneur (§14 BGB), the rights of recourse pursuant to § 445a para. 1 BGB shall also become time-barred within one year of delivery to the customer. In this case, however, the statute of limitations shall commence at the earliest two months after the date on which the customer has fulfilled the claims of his buyer. This suspension of the statute of limitations shall end at the latest two years after the time at which we have delivered the item to the customer.
6.4 Claims for defects on the part of the customer presuppose that he has fulfilled his statutory obligation to examine and give notice of defects (§ 377 HGB). Complaints due to incomplete, incorrect or defective delivery must be reported to Intermed in writing or in text form immediately after delivery, hidden defects immediately after they are discovered. Such notification shall be deemed immediate if it is made within 5 working days of delivery or discovery of the defect, whereby timely dispatch of the notification shall be sufficient to comply with the deadline. Revise and shorten the wording.
6.5 In the event of defects in the delivered goods, we are obliged and entitled to choose within a reasonable period of time between repair or replacement. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the customer may withdraw from the contract or reduce the purchase price appropriately. The same shall apply in the event that a reasonable deadline to be set by the customer has expired without success or is dispensable according to the statutory provisions. If we are taken into recourse by the customer after a resale of the goods due to claims for defects by his customer and the last customer in the supply chain is an entrepreneur (§ 14 BGB), then contrary to the legal provision in § 445a para. 2 BGB, the setting of a deadline, which is also otherwise necessary, is always required for the rights described in § 437 BGB.
6.6 At our request, the goods complained about shall be returned to us carriage paid. If the complaint is justified, we shall reimburse the costs of the most favourable dispatch route; this shall not apply if the costs increase because the goods are located at a place other than the place of intended use.
6.7 If a defect is due to our fault, the customer may claim damages under the conditions set out in clause 7.
6.8 The liability for defects does not refer to natural wear and tear. Furthermore, it does not apply to such damage which occurs after the transfer of risk as a result of incorrect or negligent handling, excessive strain, unsuitable operating materials, such chemical, electrochemical, electrical influences which are not provided for in the contract or which occur as a result of incorrect assembly or commissioning by the customer or third parties not authorised by us, provided that we are not at fault here. Also excluded are claims for defects which are due to alteration of the goods, improper installation in another object or improper attachment to another object by the customer or a third party or improper repairs.
7. liability for damages, limitation of liability
7.1 Unless otherwise provided for in these GTC, we shall be liable for any breach of contractual and non-contractual claims in accordance with the relevant statutory provisions.
7.2 We shall be liable without limitation in cases of intent and gross negligence. In the case of breaches of duty caused by slight negligence, our liability is generally excluded; in this case, we are only liable in the event of (1) injury to life, body or health, (2) breach of an essential contractual obligation (i.e. (i.e. an obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage and, in addition, in total to four times the net invoice amount, (3) assumption of a guarantee for the quality of the goods, (4) due to mandatory statutory liability, in particular according to the Product Liability Act or (5) fraudulent concealment of a defect.
7.3 The above exclusions and limitations of liability shall apply accordingly to breaches of duty by or in favour of the organs, legal representatives, employees and other vicarious agents of Intermed.
8. use of customer data
We are entitled to store and process the data about the customer (customer data) received in connection with the business relationship, insofar as this is necessary for the establishment and implementation of the underlying contractual relationship and/or further agreements between us and the customer. In doing so, we observe the legal requirements for data protection. In order to check creditworthiness, we may use information from external service providers as a decision-making aid and make the method of payment dependent on this information.
9. note according to the battery law for our customers
Since our shipments may contain batteries and rechargeable batteries, we are obliged by the Battery Act (BatterieG) to inform our customers of the following: Batteries and rechargeable batteries may not be disposed of in household waste. You are legally obligated to return used batteries and rechargeable batteries as end user according to § 11 BattG. You can either return batteries after use or return them free of charge in the immediate vicinity (for example in municipal collection points or in our dispatch warehouse). The delivery to sales points is limited to quantities customary for end users as well as such old batteries that the distributor has listed as new batteries in his product range. Used batteries may contain harmful substances which, if not stored or disposed of properly, may harm the environment or health. However, batteries also contain important raw materials such as iron, zinc, manganese or nickel and can be recycled. Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out wheeled bin. Near the symbol is the chemical name of the pollutant. Cd stands for cadmium, Pb for lead, Hg for mercury.
10. place of jurisdiction
Place of jurisdiction for all disputes arising from the contractual relationship is Schwarzenbek. Alternatively, we are entitled to take legal action at the customer's general place of jurisdiction.
11. applicable law
Contracts between Intermed and the customer shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980.
12. recipes (only in Germany)
If we receive recipes from the customer within the scope of the order for consultation hours (SSB), we will forward these to the respective billing offices/partners for billing. We are not obliged to check the prescriptions. If the respective billing agent/partner refuses to settle the bill in whole or in part, the rejected prescription items will be invoiced to the Customer and are to be settled by the Customer. The regulations of the German Medicines Act are observed by us.