Terms and conditions for business customers
1.1 The following terms and conditions apply to all contracts , deliveries and services between Clemens Schlei meadow Company which operates an online store at www.bracketshop.de and www.bracketShop.eu ( henceforth " BracketShop " or "us ") and its commercial customers (professionals , dentists, orthodontists , dental and maxillofacial surgeons , dental technicians , dental laboratories and similar commercial service providers ( henceforth “professionals” ) . The order for the supplies and services by BracketShop are made in the exercise of your commercial or independent professional activity in the sense of § 14 BGB and not as a consumer § 13 BGB.
2. OFFER AND PRICING
2.1 With the current valid price list online, all previous offers are no longer valid. Our offer is subject to change (for doctors and tradesman especially). All prices are net prices and are exclusive of German VAT.
2.2 Due to the long term validity of our catalogue, we have the ability to adjust the specified prices, - even in your favour, therefore there are areas designated in our order confirmation.
2.3 Registration in our online shop is free. Right to admission to our online store is non-existent. Registration and orders are only entitled to companies and physicians in the performance of your commercial or independent professional activity within the meaning of § 14 BGB. We reserve the right to request proof of your commercial or professional activity (for example, business registration, approval, extract from the Medical Register) .
3 DELIVERY AND TRANSPORT
3.1 Our services are generally "free", that is, without shipping and forwarding charges within Europe.
4.1 German Customers can pay by invoice. The latter is due within 14 days of the invoice date without delay. In particular cases, we can use the “pay in advance” or “pay on delivery option”. In such cases we will inform you in advance. In our EU shop at www.bracketShop.eu customers can pay via "Paypal".
5 WARRANTY, GUARANTY
5.1 The customer shall carefully inspect the goods immediately upon receipt. Obvious defects can only be exchanged within seven days of reception of the goods, while other defects shall be notified in writing within seven days after discovery of the defect (foreclosure) to meet the deadline and timely mailing of the notification.
5.2 In case of failure to notify a defect within a timely manner , we have the option to either repair the defect (rectification) or deliver conforming goods (replacement.)
5.3 The customer must give us the necessary time and opportunity for supplementary performance, particularly to examine the defective goods for testing purposes. If we find the customer’s request to be unjustified, we may require reimbursement of related expenses
5.4 We are entitled to make subsequent performance dependent on the customer paying the purchase price. However, the customer is entitled to retain a reasonable relative to the defect part of the purchase price.
5.5 If the supplementary performance has failed or has been delayed for a reasonable time, or has been refused by the statutory provisions, reduction in purchase price is possible or, in case of a serious deficiency, cancelation of contract is also possible
5.6 For used products, we accept no liability. For recycled quality assured products which flow back for reasons of environmental protection in the material cycle and brand new products alike, we only take responsibility for brand-new articles.
5.7 Further warranties, which extend beyond this Section 6, are not accepted. In particular, we make no warranties and assume no liability for public statements of third parties.
5.8 The customer's claims for damages and reimbursement of expenses consist solely in accordance with Section 7
6 Other Liability
6.1 For damages we are liable in case of intent, for whatever legal reason
6.2 In case of gross negligence of vicarious agents, or simple negligence, we shall only be liable for breach of an essential contractual obligation and is limited to the replacement of the foreseeable, typically occurring damage. A principal obligation is an obligation whose fulfillment achieves the purpose for which the conclusion of the contract allows and on whose fulfillment the customer can rely.
6.3 The limitation of liability in paragraph 7.2 shall not apply to damages arising from death, or bodily harm. Furthermore, it does not apply if we have fraudulently concealed a defect or a guarantee for the quality of the goods or the customer claims under the Product Liability Act.
6.4 Due to a breach of duty which has not led to a defect, the customer can only withdraw or terminate the contract if we are responsible for the breach of duty. Moreover, the statutory provisions shall apply.
6.5 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers , staff, representatives and vicarious agents.
7 Statute of limitations for dental consumables
7.1 Claims of the customer for material and legal defects shall expire one year after reception of the goods by the customer. Insofar as our suppliers give us a longer warranty period, the limitation period for claims of the customer shall be extended accordingly.
7.2 For claims under section 7 and the Product Liability Act, the statutory limitation periods apply.
8 Return Policy
8.1 The Customer can exchange materials supplied by us , stating the reason for return to us within 14 days. The period begins from the time of receipt of the goods by the customer. The revocation period is sufficient to send the goods or notify us. The customer shall bear the cost of returning the goods unless the products have not been delivered in perfect execution or fault of Bracket Shop . The customer is obligated to return the goods in the original package and enclose a completed copy of the return slip.
8.2 We accept only unused and unopened merchandise in original packaging, which have no signs of wear and not labeled and / or glued back.
8.3 In return we will give the customer a credit in the amount of the paid purchase price of the returned goods.
8.4 Reduced goods or special ordered goods are not returnable. The same applies for goods which have been granted a discount (for example, for large quantities) In addition, due to legal regulations, pharmaceutical preparations are not returnable.
9.1 Custom designs are available upon request for products with an appropriate note. The data on weight , dimensions , capacity , performance, colors, etc. are approximate and are provided for your guidance.
10.1 We reserve the right to make technical changes in the interests of progress, as well as minor variations in shape and color.
11 RETENTION OF TITLE
11.1 The goods delivered remain our property until full payment. The retention of title shall be pledged before the full payment to third parties nor transferred to third parties for security. The buyer is obliged to inform us immediately, in writing, if third parties have access to our ownership of goods.
11.2 The buyer may under retention of title goods in the normal course of business, resell , provided that he also agreed with his customer a corresponding retention of title. The result from a resale of the goods claims against third parties the purchaser will forward all claims to us. We will handle the cession.
12.1 The contractual relationship is subject to the exclusion of the rules of international sales law only by the law of the Federal Republic of Germany . Jurisdiction for performance is the location of the seller. Jurisdiction for general merchants is Munich
13.1 Your data is securely protected with us. All personal data is handled confidentially. For processing, the necessary transaction data (§ 28 BDSG) is stored and processed under the Federal Data Protection Act. More information on the subject can be found in the online store under data protection.
14 NOTICE PURSUANT TO BATTERY REGULATION
14.1 For all batteries containing pollutants which we sell: As a consumer, you are obliged to return used batteries for collection. We will dispose of used batteries in an environmentally friendly manner when they are sent to us freely, or brought into one of our branches. The obligation is limited to batteries which we distribute or have sold in the assortment, as well as consumer- usual amounts (not bulk) . The pollutants in these batteries are marked as follows: Pb stands for lead, Cd for cadmium and Hg for mercury.