Terms and Conditions for Consumers

A. General Terms and Conditions

  1. Scope of application
  2. Conclusion of contract
  3. Prices and terms of payment
  4. Retention of title
  5. Delivery and shipping conditions
  6. Warranty
  7. Applicable law
  8. Final provisions

B. Customer information for consumers

  1. Information on the identity of the seller
  2. Information on the essential characteristics of the goods or services
  3. Information on the conclusion of the contract 
  4. Information on prices, payment and delivery conditions
  5. Right of withdrawal for consumers and sample withdrawal form
  6. Information on the technical steps leading to the conclusion of the contract 7. information on the warranty
  7. Warranty information
  8. Information on the storage of the contract text
  9. Information about the technical means of recognizing and correcting input errors
  10. Information on the languages available for the conclusion of the contract

A. General Terms and Conditions for Consumers

1. scope of application

1.1.

These Terms and Conditions of PR BRAUN Medical Devices GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the online store, by e-mail or telephone. Business transactions and deliveries are carried out exclusively on the basis of these General Terms and Conditions (GTC), even if the offer is made from outside the Federal Republic of Germany. The seller does not recognize any terms and conditions of the customer that conflict with or deviate from these GTC and hereby expressly objects to them.

1.2.

A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. A company is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

2. conclusion of contract

2.1.

The subject of the contract is the sale of goods.

2.2.

The product presentations contained in the seller’s online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.3.

The customer can submit the offer by fax, by telephone, by e-mail or via the online order form integrated in the seller’s online store. When placing an order via the online order form, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart after entering his personal data (including means of payment and shipping method) by clicking the button “ORDER WITH OBLIGATION TO PAY” in the final step of the ordering process.

2.4.

The seller can accept the customer’s offer by means of a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivering the goods within five days. The seller is entitled to refuse to accept the order.

2.5.

Orders are usually processed and contact made by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

 

3. prices and terms of payment

3.1.

The prices quoted by the seller are final prices and include the statutory German VAT. Any additional delivery and shipping costs will be indicated separately in the respective product presentation in the offer. The prices at the time of ordering apply. 

3.2.

Seller offers various payment options. They can be accessed via a correspondingly labeled button on our website and are shown separately during the ordering process. We reserve the right to exclude one or more payment methods. 

3.3.

If advance payment has been agreed, payment is due immediately after conclusion of the contract.

3.4.

If the payment method direct debit (direct debit, SEPA direct debit) is selected and the customer’s bank details are provided, the seller is revocably authorized to collect the invoice amount from the customer’s specified account. The direct debit takes place when the ordered goods leave the seller’s warehouse. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.

3.5.

In the case of self-collection, the seller first informs the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods after consultation with the seller. In this case, no shipping costs will be charged. 

 

4. reservation of title

The goods remain our property until the purchase price has been paid in full.

 

5. delivery and shipping conditions

5.1.

Goods are regularly delivered by mail order to the delivery address specified by the customer. The delivery address specified in the seller’s checkout process is decisive for processing the transaction.

5.2

If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of revocation by refusing to accept delivery, which he has previously asserted in writing to the seller, if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance.

6. warranty

6.1 

The statutory liability for defects applies to delivered goods.

6.2 

No warranty is given for parts that are subject to wear and tear or for consumables. The buyer is obliged to provide suitable evidence that a warranty claim exists against us.

6.3 

If the buyer discovers defects or the absence of warranted characteristics, he must notify us in writing immediately after discovering the defect or the absence of the characteristic.

6.4 

The warranty shall be provided at our discretion either by repairing the delivered item free of charge or by delivering a replacement. The buyer only has the right to rescind the contract or reduce the purchase price after three attempts to rectify the defect have failed.

6.5 

We provide no warranty if the delivered products have been tampered with or modified by the purchaser or by unauthorized third parties, or if the defect has occurred as a result of unfavourable operating conditions, violations of our operating instructions or our installation conditions, natural wear and tear or failure to carry out maintenance.

6.6 

Claims for damages over and above the warranty agreed here are excluded unless we are guilty of intent or gross negligence. Excluded in particular are claims for damage caused to products not supplied by us or to third parties.

7 Applicable law

7.1.

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

 7.2.

The contract language is German.

8. final provisions

Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.

B. Customer information for consumers

1. information on the identity of the seller

PR BRAUN Medical Devices GmbH
Neue Bruchstraße 2a
76275 Ettlingen

Commercial register: Commercial register B 735426
Register court: Local court Mannheim

Represented by:
Petra Brown

Phone: +49 (0) 7243 – 94 90 565
Fax: +49 (0) 7243 – 94 90 569
E-mail: info@notfallretter.de

Sales tax identification number according to § 27 a sales tax law:
DE327369291

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. information on the essential characteristics of the goods or services

The essential characteristics of the goods or services are set out in the respective product description posted by the seller.

3. information on the conclusion of the contract

The contract is concluded in accordance with clause 2 of the seller’s General Terms and Conditions.

4. information on prices, payment and delivery conditions

4.1.

The prices quoted in the respective offers are total prices. They include all price components including all applicable taxes. The additional shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.

4.2

You have the option of choosing between different payment methods. The details are available on the correspondingly designated button on our website and are shown separately during the ordering process. We reserve the right to exclude one or more payment methods.

4.3.

If advance payment has been agreed, payment is due immediately after conclusion of the contract.

 4.4.

If the payment method direct debit (direct debit, SEPA direct debit) is selected and the customer’s bank details are provided, the seller is revocably authorized to collect the invoice amount from the customer’s specified account. The direct debit takes place when the ordered goods leave the seller’s warehouse. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.

4.5.

In the case of self-collection, the seller first informs the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods after consultation with the seller. In this case, no shipping costs will be charged.

4.6.

Delivery shall be made in accordance with clause 5 of the Seller’s General Terms and Conditions (see above).

5. right of withdrawal for consumers and sample withdrawal form

Consumers have a statutory right of withdrawal. A consumer is any natural person who enters into a contract for purposes that are predominantly outside his trade, business or profession.

5.1. Right of withdrawal 

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. If you have ordered several goods together and received them separately, the objection period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise the right to cancel, you must inform us (PR BRAUN Medical Devices GmbH, Neue Bruchstraße 2a, 76275 Ettlingen, Germany) of your decision to cancel by a clear statement (e.g. e-mail). B a letter, fax or e-mail sent to by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

5.2. Consequences of revocation 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to PR BRAUN Medical Devices GmbH, Neue Bruchstraße 2a, 76275 Ettlingen, Germany immediately and in any case within 14 days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods. 

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Please use our prepared withdrawal form.

6. information on the technical steps leading to the conclusion of the contract

6.1.

The contract is concluded by offer and acceptance. If the customer uses the seller’s online order form for his order, he submits his offer as follows:

6.1.1.

On the seller’s product offer page, the customer clicks on the “Add to shopping cart” button in the first step. A new page will then open showing the contents of the shopping cart.

6.1.2.

The customer then clicks on the “Checkout” button in the second step, either directly or after adding further goods to the virtual shopping cart. If the customer was not yet registered and logged in, a new page opens. In an intermediate step, the customer must either register for the first time and open a customer account, register for a guest order or log in if they are already registered as a customer. If he is already registered as a customer, he fills in the fields “Your e-mail address” and “Your password” and then clicks on the “Log in” button. If he is not yet registered as a customer, he clicks on the “Register now” button. They then click to select whether they want to open a customer account or just place a guest order. He then fills out the form and clicks on the “Continue” button. A new page will then open showing the billing address and the delivery address and giving you the option of editing the addresses or adding further addresses. 

6.1.3.

Now the customer clicks on the “Next” button in the third step, either directly or after editing or adding addresses.

6.1.4.

A new page opens, on which the customer can select the desired payment method in the fourth step by clicking on it.

6.1.5.

In the fifth step, the customer clicks on the “Continue” button. A new page will then open, summarizing the details of the order.

6.1.6.

In the sixth step, the customer checks the box “I hereby accept the privacy policy and general terms and conditions and confirm that I have read the following withdrawal policy”. 

6.1.7.

In the seventh step, the customer clicks on “Send order”.

6.2.

Acceptance by the Seller shall be in accordance with Section 2.4 of the Seller’s General Terms and Conditions (see above).

7. information on the warranty

Liability for defects shall be governed by the provisions of Section 6 of the Seller’s General Terms and Conditions (see above).

8. information on the storage of the contract text

The text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail) after the order has been sent, together with these GTC and customer information. B. as

letter, fax, e-mail). In addition, the contract text is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online store before sending his order.

9. information on the technical means of recognizing and correcting input errors

Before submitting a binding order, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

10. information on the languages available for the conclusion of the contract

Only the German language is available for the conclusion of the contract.

GTC for entrepreneurs

A. General Terms and Conditions

  1. Scope of application

  2. Conclusion of contract

  3. Prices and terms of payment

  4. Retention of title

  5. Delivery and shipping conditions

  6. Warranty

  7. Applicable law

  8. Final provisions

A. General Terms and Conditions for Entrepreneurs

1. scope of application

These Terms and Conditions of PR BRAUN Medical Devices GmbH (hereinafter referred to as Seller) apply exclusively to entrepreneurs within the meaning of §§ 14, 310 para. 1 BGB, for all contracts that an entrepreneur (hereinafter “customer”) concludes with the seller with regard to the goods and/or services presented in the online store, by email, telephone. Business transactions and deliveries are carried out exclusively on the basis of these General Terms and Conditions (GTC), even if the offer is made from outside the Federal Republic of Germany. The seller does not recognize any terms and conditions of the customer that conflict with or deviate from these GTC and hereby expressly objects to them.

2. conclusion of contract

2.1.

The subject of the contract is the sale of goods

2.2.

The product presentations contained in the seller’s online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.3.

The customer can submit the offer by fax, by telephone, by e-mail or via the online order form integrated in the seller’s online store.

When placing an order via the online order form, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart after entering his personal data (including means of payment and shipping method) by clicking the button “ORDER WITH OBLIGATION TO PAY” in the final step of the ordering process.

The seller can accept the customer’s offer by means of a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivering the goods within five days. The seller is entitled to refuse to accept the order.

2.4.

Orders are usually processed and contact made by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3. prices and terms of payment

3.1.

The prices quoted by the seller are final prices and include the statutory German VAT. Any additional delivery and shipping costs will be indicated separately in the respective product presentation in the offer. The prices at the time of ordering apply.

3.2.

Seller offers various payment options. They can be accessed via a correspondingly labeled button on our website and are shown separately during the ordering process.

The seller also offers the following payment methods: Invoice payable within 10 days and prepayment by bank transfer less VAT. 3 % discount.

We reserve the right to exclude one or more payment methods.

3.3.

If advance payment has been agreed, payment is due immediately after conclusion of the contract.

3.4.

If the payment method direct debit (direct debit, SEPA direct debit) is selected and the customer’s bank details are provided, the seller is revocably authorized to collect the invoice amount from the customer’s specified account. The direct debit takes place when the ordered goods leave the seller’s warehouse. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.

3.5.

In the case of self-collection, the seller first informs the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods after consultation with the seller. In this case, no shipping costs will be charged.

4. reservation of title

The goods remain our property until the purchase price has been paid in full. You are obliged to treat the goods with care, in particular to protect them from damage. You are entitled to resell the purchased item in the ordinary course of business. However, you hereby assign to us all claims arising from the resale by way of security.

5. delivery and shipping conditions

5.1.

Goods are regularly delivered by mail order to the delivery address specified by the customer. The delivery address specified in the seller’s checkout process is decisive for processing the transaction.

5.2.

If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.

6. warranty

6.1

A reduced warranty of one year applies to delivered goods.

6.2

No warranty is given for parts that are subject to wear and tear or for consumables. The buyer is obliged to provide suitable evidence that a warranty claim exists against us.

6.3

If the buyer discovers defects or the absence of warranted characteristics, he must notify us in writing immediately after discovering the defect or the absence of the characteristic.

6.4

The warranty shall be provided at our discretion either by repairing the delivered item free of charge or by delivering a replacement. The buyer only has the right to rescind the contract or reduce the purchase price after three attempts to rectify the defect have failed.

6.5

We provide no warranty if the delivered products have been tampered with or modified by the purchaser or by unauthorized third parties, or if the defect has occurred as a result of unfavourable operating conditions, violations of our operating instructions or our installation conditions, natural wear and tear or failure to carry out maintenance.

6.6

Claims for damages over and above the warranty agreed here are excluded unless we are guilty of intent or gross negligence. Excluded in particular are claims for damage caused to products not supplied by us or to third parties.

6.7

The obligation to give notice of defects under § 377 HGB and the resulting consequences apply.

7 Applicable law

7.1.

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of goods.

7.2.

If the customer acts as a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

For all other purchasers, the exclusive place of jurisdiction and place of performance is our registered office in Ettlingen.

In all other cases not regulated herein, the place of jurisdiction shall be governed by the statutory provisions

7.3.

The contract language is German.

8. final provisions

8.1.

Amendments or additions to these terms and conditions must be made in writing. This also applies to the waiver of this written form requirement.

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

Information according to the Battery Act

As our shipments may contain batteries and rechargeable batteries, we are obliged under the German Battery Act (BattG) to inform you of the following:

Batteries and rechargeable batteries must not be disposed of with household waste; you are legally obliged to return used batteries and rechargeable batteries. Used batteries may contain harmful substances that can damage the environment or your health if they are not stored or disposed of properly.

However, batteries also contain important raw materials such as iron, zinc, manganese or nickel and can be recycled.

You can either send the batteries back to us after use or return them free of charge in the immediate vicinity (e.g. at retail outlets or municipal collection points or at our dispatch warehouse).

Disposal at points of sale is limited to the usual quantities for end users and to used batteries that the distributor carries or has carried as new batteries in its range.

The symbol with the crossed-out dustbin means that you must not dispose of batteries and rechargeable batteries in household waste. Below this symbol you will also find the following symbols with the following meanings:

Pb: Battery contains lead

Cd: Battery contains cadmium

Hg: Battery contains mercury