Terms and Conditions
General terms and conditions and ordering information
for purchase agreements concluded through the platform https://www.rilling-healthcare.de between Institut Dr. Rilling Healthcare GmbH, represented by managing director Jochen Seipel, Lilienthalweg 13, 72124 Pliezhausen, Germany – “Vendor” herein – and the users of this platform – “Customer/Customers“ herein.
§ 1 Scope
Customer's ordering on the platform http://www.rilling-healthcare.de is governed exclusively by the version of the following General Terms & Conditions – “GTC” herein – in force at the time of the order. Deviating terms of Customer are not recognized unless Vendor expressly agrees to their application in writing.
§ 2 Contract formation
(1) Customer can select products from Vendor's assortment and gather them in the so-called shopping cart through the button “Add to Cart.” Through the button “Order with an Obligation to Pay” Customer submits a binding offer to purchase the goods in the shopping cart. Customer can modify and view the data at any time before placing the order.
(2) Vendor thereupon sends an automatic confirmation of receipt to Customer by e-mail with the subject “Confirmation of your order with Dr. Rilling Healthcare”; this e-mail again itemizes Customer's order.
(3) Customer's order here constitutes the offer to enter into a contract with the respective content of the shopping cart. The confirmation of receipt constitutes acceptance of the offer by Vendor. The content of the order is summarized in this. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent by Vendor to Customer on durable media (e-mail or hard copy). The text of the contract is stored in accordance with the data protection regulations.
(4) The contract language is German.
§ 3 Delivery, time of performance and passing of risk
(1) The delivery time is within four business days after the time of our order confirmation, conditioned upon advance payment of the purchase price.
(2) During strikes and instances of force majeure, this delivery time is extended for the duration of the delay. The same applies if Customer fails to fulfill any duties to cooperate.
(3) If Customer is a merchant, delivery is agreed to be ex works, unless otherwise stipulated in the order confirmation.
(4) The risk of accidental destruction and accidental deterioration of the purchased goods – in the case of mail order purchases as well – passes to the consumer upon delivery of the goods. Customer’s default of acceptance is tantamount to acceptance.
§ 4 Payment terms
(1) Payment by bank transfer/prepayment: The purchase price is payable in advance immediately upon contract formation. After submission of your order, you will receive an order confirmation via e-mail with our bank account. Please transfer payment directly to our bank account. Please use the order number as the payment reference. Your order will be sent only after receipt of funds in our account.
(2) Payment through PayPal: PayPal is a popular international online payment service which enables you to make secure, easy and quick payment without cost in online shops. Secure payment: You provide your banking or credit card data to PayPal once. For all subsequent purchases, payment is made either from the stored credit card or as a direct debit from your account. The payment information is therefore not entered and sent over the Internet again for each online purchase. Should you not yet have a PayPal account, you can open one easily and without charge within a few minutes.
§ 5 Retention of ownership
The delivered goods remain the property of Vendor until complete payment of the purchase price.
§ 6 Prices and shippings costs
1) All prices indicated on Vendor’s website are understood to include the statutory value-added tax applicable in each case.
(2) The corresponding shipping costs are indicated to Customer on the order form and are to be borne by Customer, unless Customer exercises any cancellation right. For order values of at least EUR 500.00, Vendor provides free shipping to Customer within Germany.
§ 7 Warranty against quality defects
(1) Vendor is liable for quality defects in accordance with the applicable statutory provisions, particularly §§ 434 ff. of the German Civil Code (BGB).
(2) The warranty period with respect to enterprises is twelve months.
(3) A guarantee is not provided.
§ 8 Liability
(1) Claims by Customer for damages are excluded. Excepted from this are damages claims of Customer arising from injury to life, limb or health or from a breach of material contractual duties (cardinal duties) as well as liability for other losses that are based on an intentional or grossly negligent breach of duty by Vendor, its legal representatives or agents. Material contractual duties are those whose fulfillment is necessary to realize the goal of the contract.
(2) For the breach of material contractual duties, Vendor is liable only for foreseeable loss typical of contract if it was caused through simple negligence unless the loss involves damages claims of Customer arising from an injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 also apply in favor of Vendor's legal representatives and agents when claims are asserted directly against them.
(4) The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
§ 9 Information on data processing
(1) Vendor collects data of Customer in the course of processing contracts. In doing so, it expressly follows the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz). Unless it has the consent of Customer, Vendor will only collect, process or use inventory and usage data of Customer to the extent such is required for the implementation of the contractual relationship and for the use and billing of telemedia.
(2) Unless it has the consent of Customer, Vendor will not use Customer’s data for purposes of advertising, market or opinion research.
§ 10 Information pursuant to § 36 of the German Consumer Dispute Resolution Art (VSBG)
Vendor does not participate in dispute resolution before a consumer conciliation body.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany applies to contracts between Vendor and Customers, with exclusion of the UN Convention on Contracts for the International Sale of Goods as well as private international law.
(2) If Customer is a merchant, a legal entity under public law or a special fund under public law, the judicial venue for all disputes arising from contractual relations between Customer and Vendor is at the locale of the registered office of Vendor.
(3) Customer has offset rights only when Customer's counterclaims are legally established, undisputed or acknowledged by us. In addition, Customer is authorized to exercise a right of retention if a counterclaim is based on the same legal relationship.
Version: 1/1/2018