General Terms and Conditions (GTC)

Following please find our general terms and conditions.

  • 1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) of the company
    cardioscan GmbH (hereinafter referred to as the “vendor” or “we”)
    Valentinskamp 30, 20355 Hamburg, Germany,
    represented by the business directors Dr. Marc Weitl and Holger Weiß
    District court of Hamburg, HRB 117288; VAT ID No.: DE268167789
    Tel.: +49 (0)40 30 37 23 30, E-mail: shop@cardioscan.de
    apply for all orders on the cardioscan Online-Shop by consumers or companies (hereinafter referred to as the “buyer”).
    1.2. The consumer is any natural person who concludes a transaction for purposes that are predominately outside of either their business or their independent professional activity (§ 13 of the German Civil Code).
    1.3. These GTC apply exclusively. The application of diverging, opposite or additional client GTC are hereby refused, unless we have expressly agreed to their application.
    1.4. The contract language is exclusively German.
    1.5. The currently valid GTC can be consulted and printed on the website www.cardioscan.de2. Contract conclusion

  • 2.1. The product descriptions and goods presentation in the online shop do not represent a binding offer for a conclusion of contract by the vendor. Instead, they invite the buyer to make an order in the online shop.
    2.2.  The buyer can place goods non-bindingly in the virtual shopping basket and correct and delete their input at any time before sending the binding order with the usual key and mouse navigation. Only clicking on the “BUY NOW” button sends a binding purchase offer (§ 145 of the German Civil Code) for the goods contained in the virtual shopping basket.
    2.3. After the purchase offer is received, the buyer receives an automatically created order confirmation. This order confirmation does not yet represent the acceptation of the purchase offer. No purchase contract is created yet by the order confirmation.
    2.4. A purchase contract for the ordered goods is only created when the vendor expressly declares the acceptation of the purchase offer. Alternatively, the purchase contract can be created if the vendor sends the ordered goods without sending a prior express declaration of acceptation to the buyer or if the vendor requests payment from the buyer after the order is submitted.
    2.5. Despite all due care, the vendor reserves the right to possible errors, typographic errors, technical or creative changes of the products displayed in the online shop. They entitle the vendor to appeal the declaration of acceptance in the sense of the point 2.4..
    2.6. The contract text is saved by the vendor. The buyer shall receive the contract text along with the GTC in text form (for example by e-mail).
    2.7. Orders are only possible in normal household quantities.
    2.8. The order processing and communication pertaining to it usually occurs (automatically) via e-mail. The customer is to ensure that e-mails sent by the vendor or third-party commissioned with the order processing can be received by the e-mail address indicated during the order process. This applies especially if the buyer uses a SPAM filter.

  • 3.1. Consumers have a legal right of withdrawal. No voluntary right of withdrawal is granted to companies.
    3.2. Further information about the right of withdrawal can be found in the vendor’s cancellation policy.
    3.3. The right of withdrawal does not exist for contracts for the delivery of goods which are highly perishable, or which may quickly pass their expiration date (§ 312 g paragraph 2 sentence 1 No. 2 of the German Civil Code) and right of withdrawal expires prematurely for contracts for the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery (§ 312 g paragraph 2 sentence 1 No. 3 of the German Civil Code).

  • 4.1. The prices are indicated in the information in the online shop. Unless otherwise indicated, they are the final prices in euros including the relative valid and applicable legal value added tax. In addition, the buyer is to pay the separately indicated shipping costs.
    4.2. The vendor currently offers the buyer the following payment possibilities:

    • Credit cards (Visa/MasterCard), SOFORT transfer, Paypal

    4.3. For payment by credit card, the billing is conducted through the credit card service provider HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l., 1, Place du Marché, L-6755 Grevenmacher, R.C.S. Luxembourg B 144133. E-mail: info@hso-services.com, business directors: Dipl. Vw. Mirko Hüllemann, Heiko Strauß and Ramona Spies. The credit card is charged upon conclusion of the purchase contract.
    4.4. For payment by SOFORT transfer, the buyer only needs an activated online banking account and their banking information (bank code, account number, PIN and TAN). The purchase amount is transferred as soon as the buyer authorises the payment. Further information: www.sofort.com/ger-de.
    4.5. For payment by PayPal, it is necessary to register with the online provider PayPal as well as to log into the PayPal account (e-mail, password). The purchase amount is credited to the vendor’s account as soon as the buyer authorises the payment. Further information: www.paypal.com/de.
    4.6. The vendor does not immediately accept the buyer’s payments, instead the vendor commissions the payment service provider Heidelberger Payment GmbH (“Heidelpay”), Vangerowstraße 18, 69115 Heidelberg, Germany, with the payment processing.

  • 5.1. The delivery times are to be found in the relevant product descriptions and goods presentations in the online shop.
    5.2. Deliveries are made to the delivery address indicated by the buyer during the order process. If the buyer has chosen the PayPal payment method and gives a different delivery address in the PayPal payment process, the delivery address given to PayPal is the one used.
    5.3. If the goods are returned by the transport company because the delivery was not possible, the customer shall pay the cost of the unsuccessful shipment. This does not apply if the customer exercises their legal right of withdrawal or if the buyer is not responsible for the impossibility of delivery or if the buyer was temporarily prevented from accepting the goods, unless the vendor gave notification of the delivery with appropriate notice.
    5.4. It is not possible for the buyer to retrieve the goods in person due to logistical reasons.
    5.5. Delivery to packing stations is not possible.

  • The goods remain our property until the full payment of the purchase price.

  • 7.1. If the purchased item is defective, the guarantee claims are to comply with the legal provisions of the purchase right (§§ 433 and following of the German Civil Code).
    7.2. We ask the buyer to lodge complaints for delivered goods with obvious transport damage with the deliverer, and to inform the vendor of this as soon as possible. Failure to lodge a complaint or inform the vendor has no effect on the legal guarantee rights of the buyer.

  • 8.1. We bear unlimited liability for damage to life, body or health and for claims compliant with the Product Liability Law as well as in the case of an intentional or grossly negligent breach of duty.
    8.2. We bear limited liability for the compensation of contract-typical, foreseeable damage for damage caused by a slightly negligent breach of essential contractual duties. These are duties that must be fulfilled to enable the proper execution of the contract and on which the contract partner may reasonably be expected to rely (cardinal duties). In other cases, the liability for slight negligence is precluded, insofar as legally permitted.
    8.3. If the liability is precluded or limited, this also applies to the personal liability of the vendor’s shareholders, employees, representatives and vicarious agents.

  • The European commission makes it possible to resolve consumer-rights-related disputes concerning purchase contracts concluded through the internet out of court. The link to the EU online dispute resolution platform is http://ec.europa.eu/consumers/odr/.

  • 10.1. For contracts with consumers (§ 13 of the German Civil Code), the law of the Federal Republic of Germany applies exclusively, under exclusion of UN purchase law, insofar as this is not opposed by any mandatory provisions of the law of the State in which the consumer has their usual residence (particularly consumer protection provisions).
    10.2. For contracts with companies (§ 14 BGB), the law of the Federal Republic of Germany applies exclusively, under exclusion of UN purchase law. The exclusive place of jurisdiction for all disputes arising from the contractual relationship with companies is the vendor’s registered office. For complaints of the vendor towards the company, any other legal place of jurisdiction is also valid.

Version: June 2016