Information according to § 5 TMG
GD Medical GmbH
Mariendorfer Damm 298 (D), 12107 Berlin
Telephone: +49 (0)30 767 59 88 28
Sales tax identification number according to §27a sales tax law:
District Court of Berlin
Registration number: HRB 228727 B
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr</ a>. Our e-mail address can be found above in the imprint.
We are not willing or obliged to participate in dispute settlement procedures before a consumer arbitration board.
Liability for content
As a service provider, we are responsible for our own content on these pages according to Section 7, Paragraph 1 of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.
Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which knowledge of a specific infringement of the law is known. As soon as we become aware of any violations of the law, we will remove this content immediately.
Liability for links
Our offer contains links to external websites over which we have no influence. Therefore we cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking.
However, a permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of legal violations, we will remove such links immediately.
The content and works on these pages created by the site operators are subject to German copyright law. The duplication, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use.
Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you inform us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.30
We operate data networks and systems that correspond to the usual technical standards. Appropriate technical and organizational precautions are taken to protect your data. However, the Internet is an open network with unrestricted access. Consequently, neither we nor our service providers can guarantee the confidentiality of data during transmission over the Internet and the anonymity of use of our website and other digital channels. The following notes provide a simple overview of what happens to your personal data when you visit our website. Personal data is all data with which you can be personally identified. Detailed information on the subject of data protection can be found in our data protection declaration listed under this text.
Data collection on our website
Who is responsible for data collection on this website?
The data processing on this website is carried out by the website operator. You can find their contact details in the imprint of this website.
How do we collect your data?
On the one hand, your data is collected when you communicate it to us. This can, for example, be data that you enter in a contact form.
Other data is automatically recorded by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of the page view). This data is collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure that the website is provided without errors. Other data can be used to analyze your user behavior.
What are your rights regarding your data?
You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction, blocking or deletion of this data. You can contact us at any time at the address given in the imprint if you have any further questions on the subject of data protection. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.
Analytics tools and third-party tools
When you visit our website, your surfing behavior can be statistically evaluated. This is mainly done with cookies and so-called analysis programs. The analysis of your surfing behavior is usually anonymous; the surfing behavior cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools. You will find detailed information on this in the following data protection declaration.
You can object to this analysis. We will inform you about the possibilities of objection in this data protection declaration.
- General information and mandatory information
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.
If you use this website, various personal data will be collected. Personal data is data with which you can be personally identified. This data protection declaration explains what data we collect and what we use it for. It also explains how and for what purpose this happens.
We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.
Note on the responsible body
The responsible body for data processing on this website is:
GD Medical GmbH
Gunnar Deunert, Managing Director
Telephone: +49 (0) 30 767 59 88 28
The responsible body is the natural or legal person who, alone or together with others, decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke consent that you have already given at any time. An informal message by e-mail to us is sufficient. The legality of the data processing that took place up until the revocation remains unaffected by the revocation.
Right of appeal to the competent supervisory authority
In the event of violations of data protection law, the person concerned has the right to lodge a complaint with the competent supervisory authority. The competent supervisory authority for data protection issues is the state data protection officer of the federal state in which our company is based. A list of the data protection officers and their contact details can be found at the following link: https://www.bfdi .bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another person responsible, this will only be done to the extent that it is technically feasible.
SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses an SSL or. TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.
Information, blocking, deletion
Within the framework of the applicable legal provisions, you have the right to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if necessary, a right to correction, blocking or deletion of this data at any time. You can contact us at any time at the address given in the imprint if you have any further questions on the subject of personal data.
Objection to advertising mails
We hereby object to the use of contact data published as part of the imprint obligation to send unsolicited advertising and information material. The site operators expressly reserve the right to take legal action in the event of unsolicited advertising being sent, such as spam e-mails.
- Data collection on our website
Some of the websites use so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser.
Most of the cookies we use are so-called “session cookies”. They are automatically deleted after your visit. Other cookies remain stored on your end device until you delete them. These cookies enable us to recognize your browser on your next visit.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be restricted.
Cookies that are required to carry out the electronic communication process or to provide certain functions you want (e.g. shopping cart function) are stored on the basis of Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in the storage of cookies for the technically error-free and optimized provision of its services. Insofar as other cookies (e.g. cookies for analyzing your surfing behaviour) are stored, these are treated separately in this data protection declaration.
Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Hostname of the accessing computer
- Time of server request
- IP address
This data is not merged with other data sources.
The basis for data processing is Art. 6 Paragraph 1 lit. f GDPR, which allows the processing of data to fulfill a contract or pre-contractual measures.
If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass on this data without your consent.
The processing of the data entered in the contact form is therefore exclusively based on your consent (Article 6 (1) (a) GDPR). You can revoke this consent at any time. An informal message by e-mail to us is sufficient. The legality of the data processing operations that took place up until the revocation remains unaffected by the revocation.
The data you enter in the contact form will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions – in particular retention periods – remain unaffected.
- Analysis tools and advertising
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google Analytics cookies are stored on the basis of Article 6 (1) (f) GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising.
We have activated the IP anonymization function on this website. As a result, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before it is transmitted to the USA. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you will if applicable not be able to use all functions of this website in full. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: https://tools.google.com/dlpage/gaoptout?hl=de.
Objection to data collection
You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this website: Disable Google Analytics.
You can find more information on how Google Analytics handles user data in the Google data protection declaration: https://support.google .com/analytics/answer/6004245?hl=de.
Order data processing
We have concluded an order data processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Demographics in Google Analytics
This website uses the “demographic characteristics” function of Google Analytics. This allows reports to be created that contain statements about the age, gender and interests of the site visitors. This data comes from interest-based advertising from Google and visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as described in the point “Objection to data collection”.
This website uses the WordPress Tool Stats to statistically evaluate visitor access. The provider is Automattic Inc., 60 29th Street #343, San Francisco, CA 94110-4929, USA.
“WordPress Stats” cookies remain on your device until you delete them.
“WordPress Stats” cookies are stored on the basis of Article 6 (1) (f) GDPR. The website operator has a legitimate interest in the anonymous analysis of user behavior in order to optimize both its website and its advertising.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of our website may be restricted.
You can object to the collection and use of your data for the future by setting an opt-out cookie in your browser by clicking on this link: https://www.quantcast.com/opt-out/.
If you delete the cookies on your computer, you must set the opt-out cookie again.
- Plugins and Tools
Google Web Fonts
This site uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display text and fonts correctly.
For this purpose, the browser you are using must connect to the Google servers. This gives Google knowledge that our website was accessed via your IP address. Google Web Fonts are used in the interest of a uniform and appealing presentation of our online offering. This represents a legitimate interest within the meaning of Article 6 (1) (f) GDPR.
If your browser does not support web fonts, a standard font will be used by your computer.
This site uses the Google Maps map service via an API. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
In order to use the functions of Google Maps, it is necessary to save your IP address. This information is usually transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.
Google Maps is used in the interest of an attractive presentation of our online offers and to make it easier to find the places we have indicated on the website. This represents a legitimate interest within the meaning of Article 6 (1) (f) GDPR.
You can find more information on handling user data in Google’s data protection declaration: https://www.google.de/intl /en/policies/privacy/.
This data protection declaration can be adapted and changed by us at any time without prior notice. Only the current version published on our website applies. Insofar as the data protection declaration is part of an agreement with you, in the event of an update we will inform you of the change by e-mail or by other suitable means.
- Scope of the GTC
- These general terms and conditions (hereinafter “GTC”) apply to all business transactions between GD-Medical GmbH and the customer, even if they are not mentioned in later contracts. They apply without exception to all products and services of GD-Medical GmbH.
- The dese terms and conditions apply exclusively to all products and/or services of GD-Medical GmbH. Conflicting, additional or deviating conditions of the customer or third parties only become part of the contract if GD-Medical GmbH has agreed in writing. These terms and conditions apply even if GD-Medical GmbH makes a delivery to the customer without reservation in knowledge of his conflicting or deviating conditions.
- Additional or deviating agreements to these GTC, which are made between GD-Medical GmbH and the customer for the execution of a contract, must be set out in writing in the offer to the customer and/or in the contract between GD-Medical GmbH and the customer. This also applies to the cancellation of this written form requirement.
- Rights to which GD-Medical GmbH is entitled under the statutory provisions beyond these General Terms and Conditions remain unaffected in their entirety.
- Receipt of the service is equivalent to acceptance of the delivered products.
- Conclusion of a contract and changes to the contract
- All offers from GD-Medical GmbH to the customer are subject to change and non-binding, regardless of their content and form.
- All illustrations, drawings, information on weight, dimensions, performance and consumption as well as other descriptions of the products and/or services from the documents belonging to the offer are only binding and authoritative if they are expressly marked as binding with the comment « binding» on the offer and the offer confirmation. In no case do they represent an agreement or guarantee of a corresponding quality of the products.
- All offer documents are and always remain the property of GD-Medical GmbH and they hold the exclusive copyrights. The offer documents and all other documents provided by GD-Medical GmbH to the customer may not be made accessible to third parties and the customer is liable for all damages incurred by GD-Medical GmbH should these documents be made available to third parties.
- An order only becomes binding with a written order confirmation from GD-Medical GmbH or if GD-Medical GmbH delivers the products in coordination with the customer. The order confirmation must be sent by email or in writing. The silence of GD-Medical GmbH on offers, orders, requests or other declarations of the customer only counts as consent if this has been expressly agreed in writing. Insofar as a binding offer and/or the order confirmation contains obvious mistakes, typographical or calculation errors, they are not binding for GD-Medical GmbH.
- Price changes and changes to the order and delivery conditions are reserved at all times. GD-Medical GmbH endeavors to keep the technical material provided and the associated images as well as the detailed information (including certificates) as up-to-date as possible, but manufacturer-related changes can occur without prior notice.
- Assortment changes can be made at any time and without prior notice. GD-Medical GmbH endeavors to deliver the products to the customer within the specified delivery time. If the delivery time is exceeded or the product is no longer available in this form, the customer will be informed. In such a case, GD-Medical GmbH reserves the right to cancel an order without compensation. The customer or third parties are not entitled to compensation or reimbursement of their costs if an offered or ordered product is not available.
- GD-Medical GmbH is entitled to withdraw from the contract at any time without giving reasons. The customer or third parties are not entitled to compensation or the assumption of their costs if GD-Medical GmbH withdraws from the contract.
- We reserve the right to make changes to the design and shape of the products, provided the changes are not significant and reasonable for the customer.
- Prices and payment methods
- The prices confirmed by the offer confirmation at the time of the offer confirmation apply, provided that no deviating written price agreements are subsequently made between GD-Medical GmbH and the customer. Unless otherwise agreed in writing, the prices are ex works including the standard packaging from GD-Medical GmbH, but excluding freight, insurance and statutory sales tax. If carriage paid delivery is promised in an individual case, this is deemed to be carriage paid to the customer’s receiving station, excluding cartage. The statutory sales tax is shown separately on the invoice at the statutory rate applicable on the day of invoicing.
- The payment modalities shown in the offer confirmation apply, provided that no deviating written payment modalities are subsequently agreed between GD-Medical GmbH and the customer.
- In the event of default in payment, the customer must pay interest on arrears at a rate of 8 percentage points above the respective base interest rate p.a. The assertion of further damage by GD-Medical GmbH is expressly reserved and in the event of default of payment, GD-Medical GmbH is entitled to withdraw from the contract immediately. If the customer defaults on payment, GD-Medical GmbH is entitled, without prejudice to further rights, to exercise a right of retention for all outstanding deliveries and services without prior notice or to demand advance payment or security for them at its own discretion. The same applies if GD-Medical GmbH becomes aware of facts after acceptance of the order that justify doubts about the customer’s ability to pay.
- Counterclaims by the customer do not entitle him to offsetting.
- All costs for timely payment such as bank charges etc. are borne by the customer.
- Delivery / References
- Delivery periods and dates must be agreed in writing between BBE and the customer. Delivery periods and dates are non-binding unless they are expressly designated as binding with the comment “binding”.
- The delivery period begins at the earliest with the dispatch of the order confirmation by GD-Medical GmbH and with reference to any verbal and written agreements between GD-Medical GmbH and the customer.
- The delivery period is met if the products have left the factory or the distribution center by the end of the period or if GD-Medical GmbH has notified that they are ready for collection or dispatch. The delivery is subject to timely and proper self-delivery.
- In the event of a delay in delivery, the customer is only entitled to withdraw from the contract after the unsuccessful expiry of a reasonable period of grace with a threat of rejection, which he has given GD-Medical GmbH after the delay in delivery occurred, and only insofar as GD-Medical GmbH is responsible for the delay in delivery undisputedly responsible. At the request of GD-Medical GmbH, the customer must declare within a reasonable period of time whether he will withdraw from the contract after the deadline due to a delay in delivery or whether he will insist on the delivery.
- If GD-Medical GmbH has concluded a framework agreement with the customer for future deliveries with fixed delivery dates and the customer does not call off the products in good time, GD-Medical GmbH is entitled to deliver the products and to withdraw from the contract or, if the customer has acted culpably, to demand damages instead of performance.
- The written order confirmation by GD-Medical GmbH is exclusively decisive for the scope of the delivery and the delivery time. Changes to the scope of delivery and the delivery time requested by the customer require the written confirmation of GD-Medical GmbH to be effective.
- Partial deliveries are expressly permitted.
- Customers to whom products have been supplied by GD-Medical GmbH hereby expressly declare their willingness to be named by GD-Medical GmbH as references for advertising purposes. GD-Medical GmbH may name the logos and the company of the customers to third parties and the public at its own discretion and advertise with the customers as a reference.
- Passing of risk
- The transfer of risk takes place as soon as the products have been handed over to the person carrying out the transport or, for the purpose of dispatch, the warehouse of GD-Medical GmbH or the producer of GD-Medical GmbH, provided that the delivery is made from there directly to the customer leaves. This also applies if partial deliveries are made or if GD-Medical GmbH has taken on additional services, such as the transport costs. Shipping can be done on behalf of the customer and/or by GD-Medical GmbH. If there are no written instructions from the customer and GD-Medical GmbH has agreed to them in writing, GD-Medical GmbH determines the type of shipment. Unless otherwise agreed, GD-Medical GmbH will insure the products at the customer’s request with transport insurance against the risks to be specified by the customer. The costs of the transport insurance are borne by the customer unless GD-Medical GmbH has agreed in writing to assume the costs for the transport insurance.
- In the event of a breach of the customer’s obligation to cooperate, such as, for example, but not limited to, default in acceptance, GD-Medical GmbH can demand compensation for the damage incurred, including any additional expenses. The risk of accidental loss or accidental deterioration of the products passes to the customer at the point in time at which he defaults in acceptance or violates another obligation to cooperate. GD-Medical GmbH is entitled to otherwise dispose of the products after a reasonable period has expired without result or to supply the customer within a reasonably extended period.
- Delivered products are to be accepted by the customer without prejudice to his claims for defects even if they have minor defects.
- Claims for defects, guarantee and liability
- GD-Medical GmbH strives to deliver products of perfect quality. The customer acknowledges that GD-Medical GmbH itself is not the producer of the products and is therefore only liable for the products as a supplier within the legally possible minimum framework, even if the products list the brand and label of GD-Medical GmbH for marketing purposes be able. GD-Medical GmbH does not provide any guarantee on the delivered products that goes beyond the warranty and all liability claims are to be asserted directly and exclusively against the product manufacturer. Any liability of GD-Medical GmbH, as far as legally possible, is void and is expressly excluded to the extent legally possible.
- GD-Medical GmbH excludes in particular any liability, regardless of its legal basis, as well as claims for damages against GD-Medical GmbH and any auxiliary persons and vicarious agents. In particular, GD-Medical GmbH is not liable for indirect damage and consequential damage, loss of profit or other personal injury, property damage and pure financial loss of the customer. A further mandatory legal liability remains reserved, for example for gross negligence or unlawful intent.
- All information about suitability, processing, quality, properties and use of the products as well as technical advice and other information do not represent independent guarantees or guarantees within the meaning of § 443 BGB and expressly do not release the customer from their own tests and investigations. Third-party property rights must be observed when using the products.
- The statutory warranty rights of the customer presuppose that the delivered products are adequately and properly inspected upon receipt or have them inspected, if reasonable also by means of trial processing or use, and that GD-Medical GmbH reports defects immediately, but no later than three days after receipt of the products, in writing.
- Hidden defects must be reported to GD-Medical GmbH in writing immediately, no later than three days after their discovery. The customer must describe the defects in writing and in detail when notifying GD-Medical GmbH.
- In the event of defects in the products, GD-Medical GmbH is entitled to choose whether to remedy the defect or deliver a product free of defects.
- If GD-Medical GmbH is not willing or unable to provide supplementary performance, the customer can choose to reduce the delivery price or withdraw from the contract, without prejudice to any claims for damages or reimbursement of expenses in accordance with these conditions, provided that the breach of duty is attributable to GD- Medical GmbH is not only irrelevant. The same applies if the supplementary performance fails, is unreasonable for the customer or is delayed beyond a reasonable period for reasons for which GD-Medical GmbH is responsible.
- The customer’s right of withdrawal is excluded if he is unable to return the service received and this is not due to the fact that the return is impossible due to the nature of the service received, GD-Medical GmbH is responsible for this or the defect only showed during the processing or transformation of the products. The right of withdrawal is also excluded if GD-Medical GmbH is not responsible for the defect and if GD-Medical GmbH has to pay compensation for the value instead of giving it back.
- No claims for defects arise for defects resulting from natural wear and tear, improper handling, improperly executed or unauthorized modifications or repairs to the products by the customer or third parties. The same applies to defects that are attributable to the customer or that can be traced back to a technical cause other than the original defect.
- Customer claims for reimbursement of expenses instead of compensation for damages in lieu of performance are excluded unless a reasonable third party would have incurred the expenses. The customer’s claims for reimbursement of expenses are limited to the interest that he has in the fulfillment of the contract. Mandatory liability for product defects remains unaffected.
- In the case of notifications of defects, the customer may only withhold payments if the customer’s claims are undisputed or have been legally established, and to an extent that is in reasonable proportion to the defects that have occurred. If the notice of defects is unjustified, GD-Medical GmbH is entitled to demand compensation from the customer for the expenses incurred.
- The applicable laws, standards, approvals, certificates and special approvals valid on the day of the order apply, or all current requirements and other requirements that have legal effect on the placing on the market, sale and trade of the products offered. Applicable laws, standards, approvals, certificates and special approvals that came into force or were passed after the day of the order, or all current requirements and other requirements do not constitute a reason for withdrawing from the purchase contract and GD-Medical GmbH is not liable for any after Legal and/or factual changes arising from the day the order was placed, which could have a legal and/or factual impact on the sale/import of the products. The customers of GD-Medical GmbH are solely responsible for ensuring that the applicable and relevant laws, standards, approvals, certificates and special approvals, or all current requirements and other requirements for the purchase and further use of the products are observed or fulfilled . This applies, among other things, to rapid COVID-19 antigen tests and the requirements for their implementation (e.g. “to be carried out only by qualified personnel”). Customers confirm by purchasing these products that they belong to the appropriate category and/or only resell to eligible customers.
- GD-Medical GmbH is only liable for damage resulting from the breach of a guarantee or from direct injury to life, limb or health to the extent that such liability is legally mandatory. The same applies to intent and gross negligence. GD-Medical GmbH is only liable for slight negligence if essential obligations are violated which arise from the nature of the contract and which are of particular importance for the achievement of the purpose of the contract. In the event of breach of such obligations, delay and impossibility, the liability of GD-Medical GmbH is limited to such damage, the occurrence of which must typically be expected within the framework of this contract. Mandatory legal liability for product defects remains unaffected.
- The limitation period for customer claims for defects is 12 months, starting with the delivery of the products. It also applies to claims in tort based on a defect in the products. § 479 BGB remains unaffected. A statement by GD-Medical GmbH on a claim for defects asserted by the customer is not to be regarded as entering into negotiations about the claim or the circumstances on which the claim is based, provided that the claim for defects by GD-Medical GmbH is rejected in full.
- Insofar as the liability of GD-Medical GmbH is excluded or limited, this also applies to the personal liability of employees, employees, employees, representatives and vicarious agents of GD-Medical GmbH.
- Product liability
- The customer will not change the products, in particular he will not change or remove existing warnings about the dangers of improper use of the contractual products. In the event of a breach of this obligation, the customer of GD-Medical GmbH shall indemnify internally against product liability claims of third parties.
- If GD-Medical GmbH is prompted to issue a product recall or warning due to a product defect, the customer will cooperate to the best of his ability and support GD-Medical GmbH, in particular in determining the necessary customer data.</li >
- The customer will immediately inform GD-Medical GmbH in writing of any risks that become known to him when using the contractual products and possible product defects.
- Retention of title
- The delivered products remain the property of GD-Medical GmbH until full payment of all claims to which GD-Medical GmbH is entitled from the business relationship against the customer. In the case of a current account, the retention of title serves as security for the respective balance claim from GD-Medical GmbH. The customer is obliged to treat the products subject to retention of title with care for the duration of the retention of title. In particular, he is obliged to insure the products sufficiently at replacement value against fire, water and theft damage at the request of GD-Medical GmbH and at his own expense. The customer hereby assigns all claims for compensation from this insurance to GD-Medical GmbH. GD-Medical GmbH hereby accepts the assignment. Further claims of GD-Medical GmbH remain unaffected.
- The customer is only permitted to sell the products subject to retention of title in the ordinary course of business, unless he is in default of payment. The customer is not entitled to pledge the products subject to retention of title, to assign them as security or to make other disposals that endanger the property of GD-Medical GmbH. In the event of attachments or other interventions by third parties, the customer must notify GD-Medical GmbH immediately in writing and provide all necessary information, inform the third party about the property rights of GD-Medical GmbH and the measures taken by GD-Medical GmbH for protection to participate in the products subject to retention of title. If the third party is not able to reimburse GD-Medical GmbH for the court and out-of-court costs of enforcing the property rights of GD-Medical GmbH, the customer is liable for the loss incurred by GD-Medical GmbH.
- The customer already assigns the claims from the resale of the products with all ancillary rights to GD-Medical GmbH, regardless of whether the products subject to retention of title are resold without or after processing. GD-Medical GmbH already accepts this assignment. If an assignment is not permitted, the customer hereby irrevocably instructs the third-party debtor to make any payments only to GD-Medical GmbH. The customer is revocably authorized to collect the claims assigned to GD-Medical GmbH in trust for GD-Medical GmbH in his own name. The amounts collected are to be paid immediately to GD-Medical GmbH. GD-Medical GmbH can revoke the customer’s direct debit authorization and the customer’s right to resell for good cause, in particular if the customer does not properly meet his payment obligations to GD-Medical GmbH, defaults on payments, stops making payments or if the opening of the insolvency proceedings are applied for over the assets of the customer. In the case of a global assignment by the customer, the claims assigned to GD-Medical GmbH must be expressly excluded.
- At the request of GD-Medical GmbH, the customer is obliged to inform the third-party debtors of the assignment and to provide GD-Medical GmbH with the information and documents required for collection.
- If the customer behaves in breach of contract, in particular in the event of default in payment, GD-Medical GmbH is entitled to take back the delivered products after withdrawing from the contract. After taking back the products, GD-Medical GmbH is authorized to recycle them. The proceeds from the sale, minus reasonable costs of sale, are to be offset against the customer’s liabilities.
- If the customer defaults on payment, GD-Medical GmbH is entitled, without prejudice to its other rights, to withdraw from the contract without prior notice. The customer must grant GD-Medical GmbH or its agents immediate access to the products subject to retention of title and hand them over. After appropriate notification in good time, GD-Medical GmbH can otherwise use the products subject to retention of title to satisfy their due claims against the customer.
- The processing or transformation of the products subject to retention of title by the customer is always carried out for GD-Medical GmbH. The customer’s expectant right to the products subject to retention of title continues with the processed or transformed item. If the products are processed or transformed with other items that do not belong to GD-Medical GmbH, GD-Medical GmbH acquires co-ownership of the new item in proportion to the value of the delivered products to the other processed items at the time of processing or modification. The same applies if the products are connected or mixed with other items that do not belong to GD-Medical GmbH in such a way that GD-Medical GmbH loses full ownership. The customer keeps the new items for GD-Medical GmbH. The same provisions as for the products subject to retention of title apply to the item resulting from processing or transformation as well as connection or mixing.
- The customer is obliged, as soon as he has stopped making payments, to send GD-Medical GmbH a list of the remaining goods subject to retention of title, even if they have been processed, and a list of the claims on third-party debtors together with the billing addresses.
- Amounts received from assigned claims are to be kept separately until they are transferred.
- In the case of payment by check or bill of exchange, the retention of title remains in place until the bill of exchange is redeemed by the customer.
- In the case of deliveries to other legal systems in which this retention of title regulation does not have the same security effect as in the Federal Republic of Germany, the customer hereby grants GD-Medical GmbH a corresponding security right. If further measures are required for this, the customer will do everything possible to grant GD-Medical GmbH such a security right immediately. The customer will participate in all measures that are necessary and beneficial for the effectiveness and enforceability of such security rights.
- Force Majeure
- If GD-Medical GmbH is prevented from fulfilling its contractual obligations, in particular from the delivery of the products, due to force majeure or without its own responsibility, it will be released from its obligation to perform for the duration of the obstacle and a reasonable start-up period, without customers to be obliged to pay compensation. The same applies if GD-Medical GmbH is unable to fulfill its obligations due to unforeseeable circumstances for which GD-Medical GmbH is not responsible, in particular labor disputes, official measures, energy shortages, pandemics, epidemics and natural disasters, delivery and production obstacles at producers, suppliers or those responsible for the transport or major operational disruptions, is made unreasonably difficult or temporarily impossible. This also applies if these circumstances occur with subcontractors or other vicarious agents of GD-Medical GmbH. GD-Medical GmbH is also not responsible for these circumstances if GD-Medical GmbH is already in default. Insofar as GD-Medical GmbH is released from the delivery obligation, GD-Medical GmbH will return any advance payments made by the customer. Any further claims of the customer are excluded.
- GD-Medical GmbH is entitled to withdraw from the contract if such an obstacle lasts for more than one month and the fulfillment of the contract is no longer of interest to GD-Medical GmbH as a result of the obstacle. At the request of the customer, GD-Medical GmbH will declare after the deadline whether it will make use of its right of withdrawal or whether it will deliver the products within a reasonable period.
- Final Provisions
- The customer’s rights and obligations can only be transferred to third parties with the written consent of GD-Medical GmbH.
- The contract language is German.
- The contract contains all agreements made. There are no further written or verbal ancillary agreements. Changes or additions to this contract must be in writing. This also applies to the cancellation of the written form requirement.
- For the legal relationship between the customer and GD-Medical GmbH, the law of the Federal Republic of Germany applies exclusively, excluding conflict of laws, the United Nations Convention on Contracts for the International Sale of Goods (CISG) or other international conventions on the law of the sale of goods .
- The exclusive place of jurisdiction for all disputes arising from the business relationship between GD-Medical GmbH and the customer is the registered office of GD-Medical GmbH. GD-Medical GmbH is also entitled to bring an action at the customer’s registered office and at any other permissible place of jurisdiction.
- Place of fulfillment for all services of the customer and GD-Medical GmbH is the seat of GD-Medical GmbH.
- GD-Medical GmbH may edit, process and use the data recorded as part of the conclusion of the contract to fulfill the obligations arising from the contract and use it for marketing purposes. The data required to perform the service can also be passed on to commissioned service partners (logistics partners) or other third parties. The data protection declaration at gd-medical.de applies to the processing of personal data by GD-Medical GmbH.
- Should any provision of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, or should there be a gap in these terms and conditions, this shall not affect the validity of the remaining provisions. Instead of the invalid or unenforceable provision, the valid or enforceable provision that comes closest to the purpose of the invalid or unenforceable provision shall be deemed to have been agreed. In the event of a gap, the provision that corresponds to what would have been agreed according to the purpose of these terms and conditions if GD-Medical GmbH and the customer had considered the matter from the outset shall be deemed to have been agreed.
- GD-Medical GmbH expressly reserves the right to change these terms and conditions at any time and to put them into effect without prior notice.