I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (bluAqua Service GmbH & Co.KG) via the website www.medizinischer-sauerstoff.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby objected to.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the article description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering personal data as well as payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order overview again, change it (also via the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare the acceptance of the offer, whereby the contract is concluded.
(5) The order processing and transmission of all information required in connection with the conclusion of the contract are partly automated via email. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed, and that it is not prevented by spam filters in particular.
§ 3 Individually designed goods
(1) You provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or existing laws.
In the event of a breach of this obligation, you shall be liable to us for damages incurred by us in this context due to justified claims of third parties against us. This does not apply if you are not responsible for the infringement.
(3) You are obliged to check the data for correctness of content before transmission. We do not check the transmitted data.
§ 4 Special agreements on offered payment methods
(1) Credit check
If we make advance payments, e.g., for payment by invoice or direct debit, your data will be passed on to Verband der Vereine Creditreform e.V., Hammfelddamm 13, 41460 Neuss, for the purpose of a credit check based on mathematical-statistical procedures, to protect our legitimate interests. We reserve the right to refuse payment by invoice or direct debit as a result of the credit check.
(2) SEPA direct debit
If you choose to pay by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 5 - 10 days after the conclusion of the contract.
The period for transmitting the pre-notification is shortened to 5 days before the due date. You are obliged to ensure sufficient funds in the account on the due date. In the event of a chargeback due to your fault, you shall bear the resulting bank charges.
(3) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout," the payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply to these, you will be informed separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or chattel mortgaging is not permitted before the transfer of title to the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims amounting to the invoice amount that arise from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own information and the manufacturer's product description are deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we provide a warranty, at our discretion, by repair or replacement delivery. If the rectification of defects fails, you may demand a reduction in price or withdraw from the contract, at your discretion. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the case of rectification, we are not obliged to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- if we maliciously concealed the defect or assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is filed. The authority to also appeal to the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer information
1. Identity of the seller
bluAqua Service GmbH & Co.KG
Buchenweg 12
29690 Essel a. d. Aller
Germany
Telephone: +4950715329670
Email: info@medizinischer-sauerstoff.de
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions of "Conclusion of the contract" in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data in the context of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. Codes of conduct
4.1. We have subjected ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and payment modalities
6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.
6.3. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
6.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These GTC and customer information have been created by the lawyers specializing in IT law of Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/
