General terms and conditions

As at 01.02.2008

§ 1 Scope, subject matter and conclusion of the respective contract

1. These general terms of delivery and payment of MedoVital Handels GmbH, Bayreuther Strasse 13, 67059 Ludwigshafen apply to all – including future – deliveries / services and for use exclusively in commercial transactions between businesses and consumer customers as defined by § 14 of the German Civil Code (BGB).
2. The object of the respective contract is the sale of goods by the seller to the customer.
3. The customer can order the goods via the Internet shop, e-mail, phone, fax or by post.
An effective purchase contract is concluded through the sending of a confirmation of dispatch, or at the latest upon the receipt of the goods.
4. All prices are net prices or in the case of end consumers gross prices.

§ 2 Settlement of the purchase contrast, shipping costs

1. The customer bears the shipping costs from the place of business of the seller.

· Shipping costs are charged per order.

· The shipping costs are weight and volume-dependent.

· In the event of payment by cash on delivery the COD charge shall additionally be incurred.

2. Upon the conclusion of a contract the purchase price shall be immediately due for payment. The purchase price may be paid via a bank transfer or cash on delivery. In the case of bank debits or the refusal to accept COD shipping, these additional costs shall be charged to the customer.
3. The seller undertakes, upon conclusion of the purchase agreement and after receipt of full payment, to immediately send the goods provided they are available to the purchaser. Partial deliveries can be made provided they have been agreed upon with the purchaser. In the event of cash on delivery orders the seller shall undertakes to send the goods, provided they are available, to the purchaser by the fastest possible means immediately following the receipt of the order.
4. The seller reserves the right to cancel the contract and refund any payments made immediately if the ordered goods are not available.n this case the purchaser shall be immediately informed of the unavailability of the goods.

§ 3 Warranty

1. The provider is liable in principle for defects of the goods in accordance with the legal provisions of the Sale of Goods Act (§ 434 et seqq. German Civil Code (BGB)).
2. The warranty period of the rights under § 437 BGB for all products is one year from the start of the statutory limitation period.
3. The purchaser has in the event of the assertion of a defect claim against the seller a right to subsequent performance, i.e. the remedying of the defect or delivery of goods that are free of defects. His other rights from § 437 BGB shall remain unaffected by this.
The seller can, notwithstanding paragraph 2 and 3, refuse the type of subsequent performance selected by the purchaser, if it is only possible at disproportionate costs. In particular the value of the goods in a faultless condition, the significance of the defect and the question whether use could be made of another type of performance without significant disadvantages for the purchaser must be considered. In this case the claim of the purchaser is restricted to the other type of subsequent performance;
the right of the seller to also refuse this under the conditions of clause 1 remains unaffected.
4. If the seller delivers goods that are free of defects for the purpose of subsequent performance he may demand that the purchaser return the defective goods according to § 346 to § 348 BGB.
5. Should it become apparent after examination of the goods complained about, that no defect is present for which the seller is responsible, it shall reserve the right to assert the costs of the unwarranted claims against the customer.

§ 4 Liability

1. The seller is fully liable for damage caused with intent or gross negligence, for fraudulent concealment of defects, by acceptance of a guarantee of quality, for claims under the Product Liability Act and for injury to life, limb or health.
2. The seller shall only be liable for other damages if a duty was violated the fulfilment of which alone enables the orderly performance of the contract and where the user may regularly place its trust in its observation (cardinal duties).
3. In the cases listed in 2, damage is restricted to foreseeable damage that typically occurs.

§ 5 Default and reservation of title

1. The goods shall remain the property of MedoVital Handels GmbH until full payment has been made. Before the transfer of ownership a pledging, assignment as security, processing or transformation is not permissible without the express consent of MedoVital Handels GmbH.

§ 6 Data protection

The customer acknowledges and consents to the fact that his personal data that is necessary for the handling and processing of orders is stored on data media. He expressly consents to the collection, processing and use of his personal data. The customer has the right to revoke this consent with an effect for the future at any time. The seller undertakes in this case to immediately delete the personal customer data, unless an order has not yet been completely processed. The deletion is performed whilst taking account of the restrictions of the local tax office.

§ 7 Concluding provisions

1. German law shall be exclusively applicable to these general terms and conditions and to the purchase contract that has been respectively concluded with the exception of the United Nations convention on the international sale of goods (CISG).
2. If the purchaser is a registered trader the place of business of the seller shall be agreed upon as the place of jurisdiction for all disputes from, or in connection with, this contract.
3. The customer is only entitled to rights of set-off or priced reduction if its counter-claims are deemed to be legally enforceable, are undisputed or have been recognised by the seller.
4. If one or several clauses of these general terms and conditions should be entirely or partially ineffective the validity of the remaining provisions shall not be affected by this.

Note: The design of the offer, the product images and product descriptions and content may not be used for other offers without the consent of the company: MedoVital Handels GmbH.

MedoVital Handels GmbH
Bayreuther Str. 13
D-67059 Ludwigshafen

VAT ID no.: DE 149146372
Ludwigshafen local first instance court HRB No. 2781