AGB

1. general

1.1 Provider of the online store Medicus-Solutions is: Schwarz & Schwarz GmbH, Further-Bahnhof-Strasse 6, 82041 Oberhaching, Tel. 089/55898951, e-mail: info@medicus-solutions.de [LR1](hereinafter: "we").

1.2 Our offer is directed exclusively at entrepreneurs pursuant to § 14 BGB (a natural or legal person or a partnership with legal capacity who, if entering into a legal transaction, acts in the exercise of his commercial or independent professional activity) such as established physicians and dentists, laboratories, medical care centers and similar institutions.

1.3 Our general terms and conditions apply to all deliveries of goods to customers if orders are placed in the Medicus-Solutions online store. The inclusion of deviating general terms and conditions is expressly contradicted. 

1.4 The contract concluded with the order in the online store represents the complete agreement between us and the customer. Special conditions such as payment terms, discounts or rebates apply only if they are expressly agreed. 

2. Registration and user account[LR2]

2.1 To place orders in the online store, a user account is required. The registration is free of charge. The owner of the user account (hereinafter: "the user") must be either the customer himself or an employee authorized by the customer.

2.2 The User is obliged to provide correct information during registration and to update the information in the user account immediately if any changes are made later. If the user creates the user account in order to act for another person and place orders on his behalf (the customer), the user must provide the name of the customer. 

2.3 By submitting the entered data, the User submits a request to conclude the User Agreement on the User Account. Up to this point, the user can check and correct his information at any time or cancel the registration process.

2.4 We will confirm receipt of the application by e-mail. This mere confirmation of receipt does not constitute acceptance of the application. We are not obligated to set up a user account and reserve the right to reject the application. The user agreement is not concluded until we notify the user of the activation of the user account. The text of the contract is not stored and is not accessible to the user.

2.5 The user may only use his user account himself. He may not pass on his access data to third parties. If a customer requires user accounts for several employees, they must each set up their own user account.

2.6 If the user suspects or knows that third parties have access to the user account, he is obliged to set a new password without delay and to inform us.

2.7 We are entitled to block the user account temporarily or permanently if the user violates his obligations, in particular if he provides false information or gives third parties access to the user account. In case of permanent blocking, the user is not entitled to register again without our express consent.

3. Conclusion of contract

3.1 The user can select products and place them in the shopping cart by clicking the shopping cart button next to the respective offer. The user can view and change the contents of the shopping cart at any time. To complete the ordering process, the user must be logged in with his user account.

3.2 When the User clicks the "Buy" button, he submits the request to conclude a purchase contract for the products listed in the order summary. Until this moment, the User can change the selected products or cancel the order process.

3.3 We will confirm receipt of the order immediately by e-mail. This mere confirmation of receipt is not an acceptance of the order. We are not obligated to accept orders and reserve the right to reject the order; in this case we will inform the user immediately. A purchase contract is only concluded when we expressly accept the order. The text of the contract is not stored and is not accessible to the user.

3.4 If the customer makes an advance payment, it applies differently that the contract is concluded upon receipt of the order. We will confirm the receipt of the order and the conclusion of the contract immediately by e-mail.

3.5 We are entitled to withdraw from the contract, the payment fails or if the payment in advance is not received by us within 14 days.

3.6 If, contrary to expectations, the ordered goods are not available, we will inform the user immediately. In this case, we are entitled to withdraw from the contract.

4. terms of delivery

4.1 The delivery period for deliveries within Germany is 3-4 business days, unless otherwise specified for a product. 

4.2 The dispatch takes place with package dispatchable commodity with DHL, UPS or GLS, with forwarding business with varieiert the carrier. The risk of loss or damage passes to the customer as soon as we have handed over the goods to the shipping service provider (§ 447 BGB). 

4.3 The shipping costs are based on our shipping costs overview. If the delivery is made abroad, additional import duties may be incurred.

4.4 We are entitled to make partial deliveries if this is reasonable for the customer. In any case, the customer will not incur higher shipping costs than if the entire order is delivered uniformly.

5. terms of payment

5.1 All prices quoted are net prices plus the applicable value added tax, shipping costs and any customs duties.

Modes of payment

On our marketplace we offer a number of payment options. Decide which payment method you would like to use. The security of your data is very important to us. Therefore, your data will of course be transmitted encrypted. 

The following is a list of all payment methods accepted on the marketplace for Germany. 

Credit card, PayPal, Sofort., giropay, prepayment

Payment options for countries within the EU may differ.

5.2 If you buy on account, the following applies: the invoice is due in 5 days and payable without deduction by bank transfer to the specified bank account.

5.3 The user is in default - even without a reminder - at the latest if he does not pay within 30 days after the due date and receipt of the invoice.

6. retention of title

Delivered goods remain our property until full payment of the purchase price.

7. Warranty and liability

7.1 The customer is obliged to inspect the goods within 5 working days and to report any defects that become apparent immediately, at the latest within 5 working days. If a defect was identifiable during such an inspection, the goods shall be deemed approved to that extent if the customer did not notify the defect in due time. Damage to the transport packaging must be confirmed by the carrier and reported to us immediately, at the latest within 5 working days.

7.2 In the event of a defective delivery, we shall first be entitled to make a replacement delivery or rectify the defect. If this fails, the customer may withdraw from the contract or reduce the purchase price. These warranty rights exist within one year from delivery of the goods.

7.3 Our liability for intent or gross negligence, for culpable injury to life, limb or health (personal injury), for the absence of warranted characteristics, from a guarantee or under the Product Liability Act is always unlimited. 

7.4 With the exception of personal injury, we shall only be liable for slight negligence in the event of a breach of cardinal obligations (obligations the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on) and liability shall then be limited to damages typical of the contract and foreseeable at the time of conclusion of the contract. 

7.5 The above limitation of liability shall also apply in favor of our bodies, employees and agents. 

8 Force majeure

8.1 If delivery is temporarily impossible due to force majeure, we shall not be obliged to deliver until the impediment to performance ceases to exist; thereafter, delivery shall be made up for within the agreed delivery period. As long as our obligation to deliver is suspended, the customer shall also not be obliged to pay the purchase price; however, the customer may not reclaim any payment already made as long as the contract has not been terminated in accordance with clause 8.4.

8.2 Force majeure is an external event, caused by elementary forces of nature or by actions of third parties, which is unforeseeable according to human insight and experience, cannot be prevented or rendered harmless by economically acceptable means, even by the utmost care reasonably to be expected in the circumstances, and cannot be accepted by the business owner because of its frequency. Force majeure may exist in particular in the event of war, civil unrest, terrorism, natural disasters such as earthquakes and floods, epidemics, pandemics, industrial action by third parties, traffic accidents or significant operational disruptions, embargo or other statutory or official orders. 

8.3 In the event of force majeure, we will, as soon as we are able, notify the customer of the circumstances and the expected duration of the impediment to performance.

8.4 If the impediment to performance lasts longer than three months, the customer shall be entitled to withdraw or partially withdraw from the contract. Likewise, after the expiration of three months, we may declare that the delivery is permanently impossible, so that the mutual contractual obligations cease.

9. Applicable law and place of jurisdiction

9.1 The contract shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). 

9.2 The exclusive place of jurisdiction shall be the registered office of our company, provided that the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany or has moved its place of residence or habitual abode abroad after conclusion of the contract or this place of residence or habitual abode is unknown if legal proceedings are instituted. 

[LR1]Please check if you want to provide this data here. If not, other number(s)/email address(es) would need to be provided as this information is required by law. 

[LR2]If registering, the terms and conditions should also be accepted so that a customer's employees are also bound by the obligations under section 2.