General Terms and Conditions
Terms and Conditions for E-Commerce and Online Shopping
§ 1 Scope of Application
(1) These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded through our online shop between us, the
ProTec Diagnostics GmbH,
Friedrich-Ludwig-Jahnstr. 4, 17489 Greifswald,
District court Stralsund, HRB 21970
Managing Director: Kristin Surmann
E-Mail: info@ProTec-Diagnostics.com
Phone: +49776865723
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract arise in particular from these sales conditions, our written order confirmation, and our acceptance declaration.
(3) The version of the terms and conditions (AGB) that is valid at the time the contract is concluded is decisive.
(4) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our online store does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online store by clicking on the button “order with obligation to pay”, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order in accordance with § 3 remains unaffected by this.
(3) We will immediately confirm receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) We can only accept orders for deliveries abroad with a minimum order value. The minimum order value can be found in the price information provided in our online store.
(6) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any payments already received without delay.
§ 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of withdrawal according to section 1, you have to bear the regular costs of the return shipment.
(3) In all other respects, the provisions set out in detail in the following shall apply to the right of withdrawal
Revocation policy
Right if withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen 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.
To exercise your right of withdrawal, you must contact us
ProTec Diagnostics LLC, Friedrich-Ludwig-Jahn Street 4, 17489 Greifswald
inform us of your decision to revoke this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached sample cancellation form for this purpose, but it is not mandatory. You can also fill out and submit the sample cancellation form or another clear statement electronically on our website (insert internet address). If you take advantage of this option, we will promptly send you a confirmation of the receipt of such a cancellation (e.g., by email).
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.
Consequences of withdrawal
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 withhold the refund 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 us or to (insert the name and address of the person authorized by you to receive the goods, if applicable) immediately and in any case within fourteen 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.
- End of the withdrawal policy
(4) The right of withdrawal does not apply to distance selling contracts
(a) for the delivery of goods that have been made to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered media.
§ 4 Delivery Terms and Reservation of Advance Payment
(1) We are entitled to partial deliveries as far as this is reasonable for you.
(2) The delivery period is approximately five (5) business days, unless otherwise agreed. It begins - subject to the provisions in paragraph 3 - upon conclusion of the contract.
(3) For orders from customers with a residence or business location abroad, or in the presence of justified indications of a payment default risk, we reserve the right to deliver only after receiving the purchase price plus shipping costs (prepayment reservation). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and shipping costs.
§ 5 Prices and Shipping Costs
(1) All price indications in our online shop are gross prices including the statutory value-added tax and are exclusive of any applicable shipping costs.
(2) The shipping costs are indicated in our price listings in our online shop. The price including sales tax and applicable shipping costs is also displayed in the order form before you submit the order.
(3) If we fulfill your order through partial deliveries in accordance with § 4 para. 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your declaration of contract in accordance with § 3, you may, under the legal conditions, request a refund of the shipping costs already paid for delivery to you (shipping costs) (see § 3 para. 3 for other consequences of revocation).
§ 6 Payment Terms and Set-off and Right of Retention
(1) The purchase price and shipping costs must be paid no later than two (2) weeks after receipt of our invoice.
(2) You can transfer the purchase price and shipping costs to the account specified in our online shop, grant us a direct debit authorization, or pay by EC/Maestro or credit card. In the case of a granted direct debit authorization or payment by EC/Maestro or credit card, we will initiate the charge to your account no earlier than the time specified in paragraph 1. A granted direct debit authorization remains valid until revoked and also applies to further orders.
(3) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset our claims if you assert defects or counterclaims arising from the same purchase agreement.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 Retention of Title
The delivered goods remain our property until the full payment of the purchase price is made.
§ 8 Warranty
(1) We are liable for material or legal defects in delivered items according to the applicable legal provisions. The statute of limitations for statutory defect claims is two years and begins with the delivery of the goods.
(2) Any seller warranties provided by us for certain items or manufacturer warranties granted by the manufacturers of certain items are in addition to claims for material or legal defects as defined in paragraph 1. Details regarding the scope of such warranties are outlined in the warranty conditions that may accompany the items.
§ 9 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.
(2) In other cases, we shall only be liable - unless otherwise stipulated in paragraph 3 - in the event of a breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3. Translated with DeepL.com (free version)
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 10 Copyrights
We hold the copyright to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, ... . Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Dispute Resolution: The EU Commission has created an online platform for the resolution of disputes. The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase agreements. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.