E-Commerce Terms and Conditions of Sale outside the FRG (Consumers)

Updated: 01.08.10 

 

§ 1 Scope of Application
The following terms and conditions of sale (conditions) of the abamed Hansjörg Nowak GmbH & Co.KG shall apply exclusively in connection with online sale and supply to consumers of goods offered on the abamed homepage, in the version effective on the date of order. No verbal agreements shall apply. The terms and conditions of sale may be downloaded and/or printed for the purpose of placing online orders. Any variations to these conditions shall have no effect unless expressly agreed and confirmed by us in writing.

§ 2 Conclusion of a Contract

a) Our customer-friendly Internet shop has been set-up to permit convenient 24/7 online ordering. No contract shall be deemed concluded until abamed Hansjörg Nowak GmbH & Co.KG have sent a written acknowledgement of order by electronic means accepting your duly completed order form. Any information on goods and prices is published to the best of our knowledge. If however an error is discovered with the contract, we reserve the right to correct the price. In that case the buyer may immediately cancel the order if the buyer does not agree to the change.
b) An order is subject to availability of the requested products, and the Company shall not be liable for non-availability as a result of non-delivery by thirds, unless this is due to the Company’s negligence. In this event, we shall inform you immediately and refund promptly any advance payments made to us.

§ 3 Delivery
a) Delivery shall take place from our distributing warehouse. For supplies at an address outside the FRG, delivery and invoicing may also be made by an existing distributor of abamed in the recipient country, on equal terms. The Company aims to dispatch orders within two to three working days from receipt of an order, and no later than one week.
b) Risk of the Goods shall pass to the Buyer from the time of delivery. This equally applies to part deliveries. If the Buyer fails to accept the delivered goods, abamed shall be entitled to cancel the contract or claim compensation after unsuccessful expiration of two weeks’ grace period. Without prejudice to the buyer’s warranty claims, the buyer shall not reject goods of negligible defect.
c) For deliveries to countries outside the FRG the customer shall pay any delivery charges raised by the parcel service according to weight and type of an order.
d) We shall be entitled to part deliveries. Any additional cost of transport as a result of part deliveries shall be at our expense.

§ 4 Terms of Payment and Reservation of Proprietary Rights

a) Payment shall be made in advance upon receipt of our invoice.
b) Ownership of the goods shall not pass to the buyer until payment has been received in full.
c) The buyer shall not make any deductions by way of counterclaims without prior written agreement by abamed or a valid court order.

§ 5 Warranty / Complaints
Statutory requirements shall apply considering the following special features:
a) The buyer shall report any apparent, visible product defects, including damages in transit, immediately upon receipt, but not later than within two weeks, submitting full details of the defects. The company shall not be liable for a breach of warranty unless the buyer gives written notice of any apparent defects within the set time limit. Within the one-year warranty period the buyer, other than consumer, shall report immediately not apparent defects when discovered.
b) Should goods be defective, abamed shall at their option arrange for subsequent fulfillment within a reasonable time, either replace the goods or repair the defect. If a subsequent fulfillment requested by the buyer requires excessive expenditure, abamed shall be entitled to choose an alternative form of

fulfillment. All expenditure required for subsequent fulfillment is borne by abamed. If a subsequent fulfillment is unsuccessful, the buyer shall be entitled to cancel the contract or ask for reduction of the purchase price. If the buyer cancels the contract, the buyer shall at request and expense of abamed return all of the delivered products.
c) The company shall not be liable for specified product characteristics unless these are confirmed explicitly. Liability of Abamed for damages shall be restricted to the delivered products unless explicitly confirmed product characteristics are missing and result in consequential loss for which the company had provided warranty in the contract. The buyer shall not be entitled to any further damage claims for whatever legal ground.
d) The above disclaimer of warranty in condition 5c shall not apply in the event of gross negligence, guilty intention or damage to life and health. Neither shall it apply to claims made under the Product Liability Act, in the event of default or any impossibility as well as defect of title on the part of abamed.
Neither shall the disclaimer of warranty apply if abamed fail to fulfill principal contractual obligations. Liability of the company for the breach of principal contractual obligations shall be limited to any damage that reasonably could have been foreseen unless this arises in connection with guilty intention, gross negligence or explicitly confirmed product characteristics.
e) Products may vary from their illustrations on the website. In particular product relaunchs may result in a different product presentation and packing. The company shall not be liable for the breach of warranty conditions unless the changes result in substantial detriments to the buyer.



§ 6 Miscellaneous


These terms shall be governed by the UN Convention on Contracts for the International Sale of Goods. If the buyer’s usual whereabouts or residence is outside the FRG or the buyer is unknown to abamed and/or is a businessman, any commercial disputes shall be litigated at the court of Günzburg. If any provision of these terms and conditions of sale and/or supplementary agreement is found void, the voidness shall be deemed severable and the remaining provisions of the agreement and the terms and conditions of sale shall continue in full force and effect.