Conditions
General terms and conditions of the company Lifecrate
§ 1 scope
(1) These general sales conditions (hereinafter: GTC) apply to all of us:
Lifecrate
At the market 26
49808 Lingen
Managing Director: Samir Romdhane
services rendered to you as a customer.
(2) Services according to § 1 paragraph 1 can be in particular
(a) the sale of products, particularly in the medical field.
(b) the mediation of products, especially in the medical field,
The terms and conditions apply regardless of whether you are a consumer, entrepreneur or businessman - accordingly, different regulations are included.
(3) All agreements made between you and us in connection with the contract result in particular from these terms and conditions, our written order confirmation and our declaration of acceptance.
(4) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
(5) We do not accept deviating conditions from you. This also applies if we do not expressly object to inclusion. In individual cases, individual agreements with (including side agreements, additions and changes) have priority over these terms and conditions. Subject to the evidence to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.
§ 2 conclusion of contract
(1) The following provisions apply to the conclusion of a contract between you and us regardless of the type of service and the type of contract.
(a) A contract is only concluded when we accept your offer in accordance with Section 2 Paragraph 2 or 3 of these General Terms and Conditions.
(b) If the service requested with your offer is not possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received.
(2) For the conclusion of a contract via our sales platform available at www.med-buy.com (hereinafter "online shop"), by fax to our order fax number or by telephone to our order hotline (distance selling contract) following provisions (§ 2 paragraph 2 (a) to (d) of these terms and conditions).
(a) The presentation and application of services in our online shop, in our catalog or elsewhere does not constitute a binding offer to conclude a contract, but an invitation to you to submit a corresponding offer.
(b) By submitting an offer (regardless of the type of service) via the online shop, by fax to our order fax number or by telephone to our order hotline, you are submitting a legally binding offer. You are bound to this offer for a period of two (2) weeks after submission of the offer, the date of receipt of the offer by us is decisive. Your possibly existing right according to § 3 to cancel your order remains unaffected.
(c) We will immediately confirm receipt of your offer in writing, in text form. Such a confirmation does not constitute a binding acceptance of the offer, unless, in addition to the confirmation of receipt, it expressly declares acceptance.
(d) A contract is only concluded when we accept your offer through a declaration of acceptance or through performance.
(3) For the conclusion of a contract without the use of the means of telecommunication described in § 2 (2) of these General Terms and Conditions, in particular with the simultaneous local presence of both parties, the following provisions § 2 (3) (a) and (b ) of these terms and conditions.
(a) The presentation or application of services in a conversation or in any other way does not constitute a binding offer to conclude a contract, but an invitation to you to submit a corresponding offer.
(b) A contract is only concluded when we accept your offer in writing or in writing.
(4) For the conclusion of a contract via eBay, the following provisions § 2 paragraph 4 (a) to (e) of these terms and conditions apply.
(a) You can buy goods offered through our eBay shop immediately or bid on them at an auction. Auction offers can also be linked to the Buy It Now option. The goods offered in our eBay shop in the Buy It Now format and auctions of these goods are also visible on the general eBay websites. This does not apply to items that are intended exclusively as shop items.
(b) In the case of an immediate purchase, an effective purchase contract is concluded at the Buy Now price (fixed price) if you click the "Buy Now" or "Buy Now & New" button and then confirm. For fixed-price items with the "immediate payment" option selected, accept the offer by clicking the "Buy It Now" button and completing the immediately subsequent payment process. You can also accept offers for multiple items by placing the items in the shopping cart (if available) and completing the payment process immediately following. You can also buy offers with the "Buy It Now" option as a guest without having to log in to eBay. In this case, accept the offer by clicking the "Buy it now" button, selecting the "Buy as a guest" option under "Continue without registration" on the following login page and completing the immediately following payment process.
(c) In an auction, an effective purchase contract is concluded with the buyer who placed the highest bid within the offer period. The amount of the purchase price is based on this highest bid. A bid expires if another buyer places a higher bid during the duration of the offer.
(d) If an auction offer is also provided with the Buy It Now option, an effective purchase contract for the purchase of the item will come into effect at the Buy It Now price (fixed price) irrespective of the expiry of the offer time and without carrying out an auction if a buyer exercises this option. The option can be exercised by the buyer as long as no bid has been placed on the item or a minimum price set by the seller has not yet been reached.
(e) If an offer has a suggested price function, buyers and sellers can negotiate the price for this item. In the submission of the price proposal by you, the binding offer and in our agreement with the price proposal, the binding acceptance by us can be seen.
After conclusion of the contract, we will send you a confirmation and information about the purchase.
§ 3 right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed activity), and the contract either
- was concluded as a distance contract according to § 2 paragraph 2 of these terms and conditions and not
- the delivery of goods which have been manufactured to your specification or which are clearly tailored to your personal needs or which, due to their nature, are not suitable for a return or can spoil quickly or whose expiry date would be exceeded or
- the delivery of audio or video recordings or software, provided you have unsealed the supplied data carriers,
You have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, exercise your right of withdrawal pursuant to Section 3 (1) of these General Terms and Conditions and this relates to a purchase contract, you must bear the regular costs of the return, unless we have expressly agreed to bear the costs of the return explained.
(3) for the delivery of goods which are not suitable for return for reasons of health protection or for hygiene reasons and whose sealing was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature.
(4) For the rest, the regulations for the right of cancellation for contracts for services apply, which are reproduced in detail in the following cancellation policy for sales contracts
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
In the case of a contract for several goods that you have ordered as part of a uniform order and that are delivered separately, the cancellation period begins on the day on which you or a third party named by you, who is not the carrier, makes the last choice. re have taken possession of.
In order to exercise your right of withdrawal, you must give us Lifecrate
At Markt 26, info@lifecrate.de, inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form, but this is not mandatory. You can also electronically fill in and send the sample withdrawal form or another clear statement on our website med-buy.com. If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we will have all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from the fact that you have a different type of delivery than the one we offer) -th selected standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have the goods immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract to us or to [here, if applicable, the name and address of the person authorized by you to accept the goods insert] to be returned or handed over. The deadline is met if you send the goods before the 14-day period has expired and you bear the direct costs of returning the goods.
If the contract is a distance contract within the meaning of Section 2 (2) of these General Terms and Conditions and the nature of the goods means that they cannot be returned by post, the following applies: You bear the direct costs of returning the goods.
If the purchase contract was concluded outside of business premises and the nature of the goods means that the goods cannot be sent back normally by post and if the goods were delivered to the consumer's apartment at the time the contract was concluded, the following applies: We will collect the goods at our expense.
You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the goods.
- End of revocation-
§ 4 service conditions and reservation of prepayment
(1) We are entitled to partial performance insofar as this is reasonable for you.
(2) In the case of contracts that involve the delivery of goods, the delivery time may depend on suppliers. In this regard, please note the information in the product description.
(3) For contracts that have services other than the delivery of goods the subject of the service period is individually agreed.
(4) The deadlines according to § 4 paragraphs 2 and 3 of these terms and conditions - subject to the following regulations - begin with the conclusion of the contract. We reserve the right to only pay after receipt of the fee and any incidental costs, such as shipping costs (advance payment reservation). If we make use of the prepayment reservation, we will inform you immediately. In this case, the performance period begins with payment of the purchase price and shipping costs.
§ 5 prices and shipping costs
(1) All prices in our online shop or in our catalog are gross prices including VAT at the statutory rate and are to be understood plus any incidental costs such as shipping costs.
(2) The prices published in the online shop at the time the contract is concluded apply. We accept no liability for printing or transmission errors in price labeling.
(3) The shipping costs result from the information in the online shop or the catalog. If we fulfill your order by partial deliveries according to § 4 paragraph 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we calculate shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you can, under the legal requirements, request reimbursement of costs already paid for the shipment to you (sending costs) (cf. other consequences of revocation § 3 paragraphs 3 and 4 of these terms and conditions).
§ 6 terms of payment and offsetting
(1) The service fee plus any incidental costs must be paid within two (2) weeks of receipt of our invoice.
(2) You can transfer the fee and any incidental costs of your choice to our account
Lifcrate
Samir Romdhane
Commerzbank
IBAN: DE58 2664 0049 0475 5864 00BIC: COBADEFFXXX
transfer, give us a direct debit or pay via PayPal. An order on account is usually also accepted. In the event of a direct debit authorization, we will not debit your account until the time specified in Paragraph 1 at the earliest. A direct debit authorization granted also applies to future contracts until revoked. We reserve the right to make certain payment methods dependent on a credit check or a minimum or maximum scope of services.
(3) You are not entitled to set off against our claims, unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you make notice of defects or counterclaims from the same contract.
(4) As a customer, you may only exercise a right of retention if your counterclaim results from the same contract.
§ 7 retention of title
Possibly. Delivered goods remain our property until the purchase price has been paid in full. The goods subject to retention of title may not be pledged to third parties, transferred as security, sold or processed before the secured claims have been paid in full. You must notify us immediately in writing if an application is made to open insolvency proceedings or if third parties (eg attachments) access the goods belonging to us.
§ 8 warranty
(1) We are liable for performance defects, in particular for material and legal defects in delivered goods in accordance with the applicable legal regulations. The statutory limitation periods apply.
(2) If the contractual partner is not a consumer, the following provisions apply in deviation from § 8 (1) of these General Terms and Conditions:
- We accept no liability for public statements by the manufacturer or other third parties (e.g. advertising statements), § 434 Paragraph 1 s. 2 BGB does not apply in this respect.
- If you have bought goods, your claims for defects require that you have complied with your statutory inspection and notification obligations (sections 377, 381 HGB). Irrespective of this obligation to inspect and give notice of defects, they must report obvious defects (including incorrect and short delivery) in writing within two weeks of delivery. If you miss the proper inspection and / or notification of defects, our liability for the undisclosed defect is excluded.
- We will bear the expenses required for the purpose of testing and supplementary performance, in particular transport, travel, labor and material costs (not: removal and installation costs) if there is actually a defect.
- Deviating from § 195 or §§ 438 and 634a BGB, the general limitation period for claims, in particular due to material and legal defects, is one year from the start of the limitation period according to § 199 BGB or after delivery of the goods or acceptance. Claims for damages acc. § 9 Paragraphs 1, 2 Clause 1 and Paragraph 3 of these General Terms and Conditions as well as under the Product Liability Act are subject to the statute of limitations only after the statutory limitation periods.
(2) Seller guarantees are not granted. Guarantees that have been granted by the manufacturers of certain articles come in addition to claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees result from the guarantee conditions that may accompany the articles.
(3) A guarantee cannot be assumed for goods and services of third parties that are mediated by us in the course of business relationships. Contracting parties of such contracts are the customer and the brokered third party. We only bring the parties together.
§ 9 liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for compensation or reimbursement of futile expenses.
(2) In other cases - unless otherwise stipulated in Paragraph 3 - we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you as the customer can regularly rely (so-called cardinal obligation), limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded subject to the regulation in paragraph 3.
(3) Our liability for damage resulting from injury to life, limb or health and according to the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
(4) These limitations of liability also apply to breaches of duty by or in favor of persons whose fault we are responsible for in accordance with legal regulations.
(5) No liability can be assumed for goods and services provided by third parties that we mediate in the course of business relationships. Contracting parties of such contracts are the customer and the brokered third party. We only bring the parties together.
§ 10 data protection notice
We collect, process and use your personal data, in particular your contact details to process your order, including your e-mail address if you provide it to us. Our company regularly checks your creditworthiness when concluding contracts and in certain cases where there is a legitimate interest, even with existing customers. For this we work together with Creditreform Boniversum GmbH, Hellersbergstrasse 11, 41460 Neuss, from which we receive the necessary data. For this purpose, we transmit your name and contact details to Creditreform Boniversum GmbH. The information acc. You can find Art. 14 of the EU General Data Protection Regulation on data processing at Creditreform Boniversum GmbH here: www.boniversum.de/EU-DSGVO
§ 12 final provisions
(1) The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, our exclusive place of business - including international jurisdiction - for all disputes arising directly or indirectly from the contractual relationship, currently in Soltau, applies accordingly if You are an entrepreneur within the meaning of Section 14 of the German Civil Code. In all cases, however, we are also entitled to file a lawsuit at the place of performance of the performance obligation in accordance with these terms and conditions or a priority individual agreement or at the general place of jurisdiction of the contractual partner. Priority statutory regulations, in particular regarding exclusive responsibilities, remain unaffected. In addition, the applicable legal provisions apply to local and international responsibility.
The revocation is addressed to
Lifecrate
Samir Romdhane
At the market 2649808 Lingen