1. Applicability of the Terms and Conditions The legal relations for the shipment of promed products follow these General Terms and Conditions. The validity of other General Terms and Conditions are hereby expressly excluded. This also applies when the purchaser counter-confirms by referring to their own Conditions of Business or Purchase. The provisions of the current valid version of the Fernabsatzgesetz (Mail Order Sales Act) are included in these Terms and Conditions.
2. Conclusion of the contract Offers are subject to change, are not binding, and apply while stocks last. The purchase contract is concluded when promed confirms the order in writing within two weeks or delivers the ordered product(s). If delivery is not completed within a set limit of two weeks, the customer can then withdraw in writing from the order at any time following this set time limit. The customer´s order is a binding order, independent of whether the order is made in writing, orally, electronically (email / fax) or in any other manner.
3. Prices and the condition of goods 1) The prices for the articles on offer include the German VAT (MwSt.).
2) The price quoted by us applies, whereby we expressly reserve the right to alter prices.
3) The illustrations and dimensions of the goods on promed´s website are not binding. Deviations in color, sorting, or size are possible and cannot be ruled out.
4. Payment and refunds 1) The purchase price stated on the invoice and / or delivery docket is to be paid immediately on delivery in cash and without any deductions. The amount invoiced will be collected by the courier company with cash on delivery orders (e.g., Deutsche Post AG, German Parcel, DPD, UPS, etc.). When paying with direct debit, goods will be delivered immediately after full payment has been made to our account. Should the debit note be returned at no fault of our own, the resulting costs will be paid by the purchaser and amount to at least €7.60. In exceptional cases, we expressly reserve the right to deliver only after payment has been made in advance using a collection-only check, cash, or bank transfer (advance payment).
3) Advance payment in cash or using back transfer in EUR is obligatory for orders outside Germany. All bank fees that may be incurred (fees from own and external banks) must be paid by the purchaser.
4) If the customer defaults on payment, all remaining outstanding invoices are immediately due for payment as soon as default occurs. In the event of default, default interest at a rate of 4% above the respective bank rate of the European Central Bank will be made applicable. The claim is legitimate when further damages caused by the delay can be proven.
5) The customer is only entitled to offsetting providing the customer´s counterclaims are found legally binding, undisputed, or are acknowledged by us.
6) If an article should no longer be available for delivery, the eventual excessive amount paid will be reimbursed via collection-only check, bank transfer, or cash. With the customer´s consent, a credit note will be issued for the sum involved or a replacement article will be delivered that corresponds to the sum involved.
7) Types of payment accepted: Advance payment, cash on delivery, PayPal, and direct debiting.
5. Delivery, shipment, and delivery times
1) All deliveries will be sent to the address named by the customer in the order. Delivery to an alternative address is nevertheless possible.
2) There is no minimum order value!
3) Delivery is carried out by a courier company (e.g., Deutsche Post AG, German Parcel, DPD, UPS, etc.). We reserve the right to send international deliveries only as whole orders. We charge a cash on delivery fee of €4.50 and an additional €2.00 forwarding fee for cash on delivery parcels. In all other cases, delivery is free of charge.
4) Delivery times or limits, bindingly or nonbindingly agreed upon in the oral form, require the written form to become effective. Delivery usually takes 3 to 14 days. Customers will be duly informed of longer delivery times if necessary.
5) We reserve the right to make partial deliveries.
6) Delivery times start on the date of the order. In the event of delayed delivery due to force majeure or another unforeseeable hindrances, Promed is entitled to cancel the commitment to deliver entirely or in part.
7) If delivery is delayed for more than two months, the customer is entitled to withdraw from the contract following an appropriate deadline extension for the section of the contract that has not been fulfilled. The customer is not entitled to claim any damages due to the extension of delivery times or if we are relieved of our duty. We are only entitled to invoke the above-mentioned circumstances when we have informed the customer of this straight away.
8) If circumstances for which we are responsible cause a delay, our liability for damages is limited to 50% of the foreseeable damages in cases of slight negligence. Further claims for damages only arise when delay is caused by intent or gross negligence.
6. Passing of risk Risk is also passed onto the customer when delivery freight is free of charge providing the shipment has been passed onto the customer or the person or institute responsible for transport or has left our premises for dispatch. This does not apply for telesales with consumers that sell consumer goods.
7. Retention of title 1) The delivered goods shall remain our property until the purchaser has paid all amounts invoiced that arise from the business relationship, in particular a possible current account balance. We are entitled to take back the object for sale when the customer acts contrary to the contract. Our withdrawal from the contract occurs at the same time as the taking back of goods as well as the court-ordered seizure of the matter pending.
2) The purchaser is entitled to resell within the scope of a duly executed, commercial business. He/she assigns the claims against the purchaser arising from resale to the value of the corresponding goods which are subject to the retention of title to Promed with immediate effect.
3) If the purchaser is late paying, is insolvent, or does not satisfy his/her obligations arising from the retention of title, the purchaser´s right of possession shall be terminated.
8. Warranty 1) The customer must examine the delivery immediately upon receipt. Incomplete or incorrect deliveries and recognizable defects are to be made known to Promed in writing immediately following delivery, at the latest within 6 days of delivery. The customer´s right to claim defects against our suppliers and/or forwarding agents remains unaffected. Promed is also to be immediately informed of defects that cannot be identified with thorough examination within this time limit, at the latest within 6 calendar days. However, the period of warranty for such unapparent defects amounts to a maximum of six months following delivery of the object for sale. This same time limit applies for claims for compensation for damages incurred as a result of defects, providing no claims are filed on account of tort.
Diverging from this, telesales, with the selling of consumer goods to consumers, does not require goods to be examined and notification to be given of defects. The usual warranty period in these cases is 2 years with new goods and 1 year with used goods.
2) If the defect cannot be corrected or if it is not reasonable for the purchaser to accept further attempts to rectify defects, the purchaser can demand rescission or a reduction in price in place of the rectification of defects. The right for delivery of a replacement does not exist with the exception of telesales with consumers that sell consumer goods. Further claims, in particular claims for damages of any type, are excluded as far as is legally permissible.
3) Furthermore, additional claims by the customer, in particular claims for damages including lost profits or other financial losses, are excluded.
4) Warranty obligations do not exist when defects are due to normal wear, improper use, inadequate maintenance, uncommon environmental effects, or transportation. Claims also do not exist when the purchaser fails to immediately notify Promed of the defect and when Promed is not given the opportunity to rectify the defect.
5) If an obligation essential to the contract is negligently violated, our liability shall be restricted to the foreseeable damage.
6) promed reserves the right to make technical alterations. Color specifications, especially in textiles, are not binding.
9. Consumer´s right of withdrawal 1) The customer has the right to withdraw from the contract without stating reasons within a period of 14 days following the delivery of the goods by explaining this in writing or via telephone or by sending back the received goods in their original state. The customer bears the costs for return packages when the price of the returned object does not exceed 40 Euro or, in cases of higher object prices, the customer has not upheld their side of the contract or paid part of the payment at the point of withdrawal. This does not apply if the delivered goods do not correspond to the ordered goods. To avoid damage, it is asked that the original packaging be used when returning goods. The time limit for withdrawal does not begin before the goods have been received by the addressee, and in the case of recurring delivery of similar goods, not before the day when the first partial delivery has been received. Punctual dispatch suffices to comply with the time limit.
2) The right of withdrawal does not apply to the delivery of goods that have been manufactured according to customer specifications, are clearly designed for personal needs, are not suitable for return mailing due to their characteristics, that decay quickly, or where the expiry date has passed. There is no right of return for contracts involving the delivery of audio or video recordings or from software when the purchaser has removed the sealing from the delivered data medium. There is likewise no right of return for contracts involving the delivery of newspapers, magazines, or illustrated catalogues.
3) The cost for the return mailing of goods of up to €40.00 in value are to be paid by the customer and follow at the customer´s risk apart from when the delivered goods do not correspond to the ordered goods. We do not accept return packages when postage has not been prepaid. If a package should nevertheless be accepted by us, we reserve the right to deduct the resulting costs for postage from the refund!
10. Place of performance, place of venue, and applicable law The place of performance for deliveries and services is Farchant, Germany. The place of venue for all disputes, including actions arising from bills and checks, is Garmisch-Partenkirchen, Germany, providing the customer is a commercial business person, legal entity of the public law or special funds under public law, or is without general domestic jurisdiction. German law shall be applied exclusively. The United Nation Conventions from 11 April 1980 on contracts and the international sale of goods is not applicable.
11. Other When special regulations for transactions with merchants in the above conditions have been made, they only apply when the corresponding contract is part of the merchant´s business operations. Such transactions will be given the equivalent status as those transactions with legal entities of the public law or special funds under public law.
12. Severability clause If a provision in these terms and conditions should be or become invalid or unenforceable, the validity of the other provisions in these terms and conditions shall remain unaffected. Invalid clauses or clauses with restricted enforceability shall be substituted by the corresponding legal provisions, in particular the law for the regulation of terms and conditions ("AGB-Gesetz") from 9 December 1976 in its current version.
Supplier and address for service: promed GmbH, Lindenweg 11, Postfach 11 40, D-82490 Farchant The goods remain the property of promed GmbH until payment has been made in full.
Bank details: Volksbank-Raiffeisenbank Garmisch Patenkirchen eG Account no. 16 900 - ABA 703 900 00
Postbank München Account no. 955 44-809 - ABA 700 100 80
