Table of contents
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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for repair services
9. Applicable law
10. Place of jurisdiction
11. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of CertoClav Sterilizer GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby contradicted.
1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, unless otherwise agreed. In addition to the delivery of the goods, the seller owes the provision of digital content or digital services (hereinafter referred to as "digital products") that are contained in or connected to the goods in such a way that the goods cannot fulfil their functions without them.
1.3 For contracts for the delivery of tangible data carriers that serve exclusively as carriers of digital content, these GTC apply accordingly, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his independent professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the button concluding the order process. Furthermore, the customer can also submit the offer to the seller by e-mail, via online contact form, by post or by telephone.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.5 Before binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.6 The German and English languages are available for the conclusion of the contract.
2.7 The order processing and contact usually take place 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 with the order processing can be delivered.
3) Right of withdrawal
3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If the payment method "SOFORT" is selected, payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and debited from the customer's bank account. Further information on the payment method "SOFORT" can be found on the Internet under https://www.klarna.com/sofort/.
4.5 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in his payment information in the Online Store.
4.6 If a payment method is selected via the payment service "Klarna", payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information as well as the conditions of Klarna can be found in the payment information of the seller, which can be viewed at the following Internet address:
https://shop.certoclav.com/support/overview/payment-methods/
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the regulation made in the revocation instruction of the seller applies.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass upon handover of the goods to the customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, shall already pass to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment, if the customer commissions the freight forwarder, the carrier or any other person or institution designated to carry out the shipment with the execution and the seller Customers have not previously named this person or institution.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific hedging transaction with the Supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes an advance payment, he retains title to the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. Notwithstanding this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects are excluded;
- the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
7.3 The limitations of liability and shortening of periods regulated above shall not apply.
- for claims for damages and reimbursement of expenses of the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which, in accordance with their normal use, have been used for a building and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.
7.5 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for repair services
If, according to the content of the contract, the seller owes the repair of an item of the customer, the following applies:
8.1 Repair services shall be provided at the Seller's registered office.
8.2 The seller shall provide his services at his discretion in his own person or by qualified personnel selected by him. In doing so, the seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the Seller's service description, the Customer is not entitled to select a specific person to perform the desired service.
8.3 The customer must provide the seller with all information necessary for the repair of the item, insofar as its procurement does not fall within the seller's scope of obligations according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform him of all circumstances that may be the cause of the defect found.
8.4 Unless otherwise agreed, the customer must ship the item to be repaired at his own expense and risk to the seller's registered office. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer ship the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of obvious transport damage so that he can assert any existing rights against the carrier.
8.5 The return of the goods is at the expense of the customer. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable transport person at the seller's place of business. At the request of the customer, the seller will take out transport insurance for the item.
8.6 The Customer may also bring the item to be repaired himself to the Seller's registered office and collect it from the Seller if this results from the Seller's service description or if the parties have made a corresponding agreement on this. In this case, the above provisions on the bearing of costs and risks for dispatch and return of the goods shall apply accordingly.
8.7 The aforementioned provisions do not limit the statutory warranty rights of the customer in the event of the purchase of goods from the seller.
8.8 The seller shall be liable for defects in the repair service provided in accordance with the provisions of the statutory liability for defects.
9) Applicable law
All legal relationships between the parties shall be governed by the law of the Republic of Austria to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law based in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer has its registered office outside the territory of the Republic of Austria, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.