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.
February 2020