AGB

General Terms and Conditions and Customer Information
I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Medical Shield GmbH & Co. KG) via the website https://www.medicalshield.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is contradicted.

(2) Consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the conclusion of a legal transaction in the exercise of their independent professional or commercial activity.

§ 2 Materialization of the contract

(1) Subject of the contract is the sale of goods .

(2) Already with the setting of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system to the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the appropriate button in the navigation bar, you can call the "shopping cart" and make changes there at any time.
After calling the page "Checkout" and entering the personal data and the payment and shipping terms, the order data are finally displayed as an order overview.
If you choose as a payment method an instant payment system (eg. B. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be guided to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If a redirection to the respective instant payment system, you make the appropriate selection or entry of your data. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data is displayed as an order overview.
Before sending the order, you have the option to check the information in the order overview again, to change (also via the function "back" of the Internet browser) or cancel the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you have deposited with us is accurate, the receipt of e-mails is technically ensured and in particular not prevented by SPAM filters.
§ 3 Right of retention, retention of title

(1) You can exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 4 Warranty
(1) There are the statutory rights of liability for defects.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
. § 5 Choice of law, place of performance, jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also invoke the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention shall expressly not apply.


II. Customer Information

1. Identity of the Seller

Medical Shield GmbH & Co. KG
Industriestrasse 12
48683 Ahaus
Germany
Phone: 025619633667
E-mail: info@shield-group.de

Alternative Dispute Resolution:
The European Commission provides a platform for online out-of-court dispute resolution (ODR platform), available at https://ec. europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I. ).

3. contract language, contract text storage

3.1. contract language is German .

3.2. the complete contract text is not stored by us. Before sending the order via the online - shopping cart system, the contract data can be printed or electronically saved via the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the terms and conditions will be sent to you again by e-mail.
4. Essential characteristics of the goods or services

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Prices and payment terms
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They are via a correspondingly designated button on our website or in the respective offer callable, are shown separately in the course of the ordering process and are to be borne by you in addition, unless the free delivery is promised.

5.3. incurred costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

5.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.5 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Terms of Delivery
6.1 The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
7. Legal liability for defects

The liability for defects is governed by the regulation "Warranty" in our General Terms and Conditions (Part I).
These terms and conditions and customer information were prepared by the lawyers of the Händlerbund specialized in IT law and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last update: 27.10.2020.