General terms and conditions (GTC)

Contract terms for purchase contracts concluded via this web shop between
Stoma Dentalsysteme GmbH & Co KG
Emminger Strasse 39
78576 Emmingen-Liptingen, Germany
Telephone: +49 (0) 7465 9260-70 / Telefax: +49 (0) 7465 9260-7770
E-mail: sam@stoma.de
Registered at: Stuttgart HRA 450953

Stoma Dentalsysteme GmbH & Co KG is represented by its managing director Tina Storz-Mazzeo.
VAT ID DE812945863
- hereinafter the “provider” -

and

the client named in § 2 of the GTC
- hereinafter the “purchaser” -.

§ 1 Scope of application, definition of terms

The business relationship between the provider and the purchaser are exclusively subject to the following web shop GTC in their version applicable at the moment of ordering. No deviating general terms or conditions of the purchaser are accepted, unless the provider expressly consents to them in writing.
Only an entrepreneur acting within the meaning of § 14 BGB (Civil Code Germany) can be a purchaser. Thus, an entre-preneur is every person or entity or partnership with legal capacity acting in the exercise of his/her/its commercial or independent professional activity at the moment of contract conclusion.
A sale to consumers within the meaning of § 13 BGB (Civil Code Germany) does not occur.

§ 2 Contract conclusion

The purchaser can select products from the product range of the provider, in particular dental instruments, consumables and accessories, and collect them via the “into the shopping cart” button in a so-called shopping cart. By clicking the button “Place paying order”, he issues a binding application to purchase the merchandise present in the shopping cart. Before sending off the order, the purchaser can change and inspect the data any time. However, the application can only be dispatched and transmitted if the purchaser accepts these contract terms by clicking on the “Accept GTC” button, thereby incorporating them into his application.
Then the provider sends an automatic acknowledgement of receipt to the purchaser per email, in which the purchaser’s order is recapitulated and which the purchaser can print out by means of the “Print” function. The automatic acknowledgement of receipt only documents that the purchaser’s order has been received by the provider, it does not constitute acceptance of the application. The contract is only concluded by the issue of the declaration of acceptance by the provider, which is sent in a separate email (order confirmation). In that email or in a separate email, at the latest, however, at the delivery of the merchandise, the contract text (consisting of the order, the GTC and the order confirma-tion) is sent to the purchaser by the provider in a durable medium (email or paper printout) (confirmation of contract). The contract text is stored while ensuring data protection.

§ 3 Delivery, product availability

The delivery periods indicated by the provider are calculated from the moment of his order confirmation, subject to prior payment of the purchase price (except in cases of purchase on account). As far as no or no other delivery period is indicated in this web shop for the respective merchandise, it amounts to 5 weeks.
If no units of the product ordered by the purchaser are available at the moment of ordering, the provider shall inform the purchaser thereof in the order confirmation. If the product is permanently unavailable for delivery, the provider refrains from a declaration of acceptance. In such case, no contract will be concluded.
If the product designated by the purchaser in the order is only temporarily unavailable, the provider will also inform the purchaser thereof in the order confirmation.
The following delivery restrictions apply: the provider only delivers to purchasers who can provide a delivery address in one of the countries that can be selected in the web shop.

§ 4 Retention of title
Until the complete payment for it, the delivered merchandise remains the property of the provider.

§ 5 Prices and shipping costs

All prices indicated on the website of the provider are net prices, if applicable plus the respectively applicable legal sales tax.
The respective shipping costs are indicated to the purchaser in the order form and must be borne by the purchaser.
The merchandise is dispatched by postal mail. The shipping risk is borne by the purchaser.

§ 6 Payment arrangements

The purchaser can effect the payment in advance, by PayPal or by credit card.
The purchaser’s obligation to pay default interest does not preclude the claim of additional default damages by the provider.

§ 7 Warranty for material defects, guarantee

The provider is liable for material defects according to the relevant legal provisions, in particular §§ 434 et seq. BGB (Civil Code Germany). Towards companies, the warranty period for products delivered by the provider is 12 months.
An additional guarantee for merchandise delivered by the provider only applies if it has explicitly been granted in the order confirmation for the respective article.
The respective product descriptions in the web shop apply. Before buying and / or reselling, the purchaser is obliged to observe the additional legal and hygiene regulations applicable in the country of use and / or in the country of resale.

§ 8 Liability

Any rights to damages of the purchaser are excluded, except for damage claims of the purchaser from the injury of life, body or health or the breach of essential contractual duties (cardinal duties) as well as the liability for other damages caused by breaches of duty by the provider, his legal representatives or agents due to intent or gross negligence. Essential contractual duties are duties the fulfilment of which is necessary to achieve the contract purpose.
In case of a breach of essential contractual duties, the provider is only liable for the contract-typical, foreseeable damage if it has been caused by simple negligence, unless the purchaser asserts claims for the injury of life, body or health.
The limitations in Sec. 1 and 2 also apply for the benefit of the legal representatives or agents of the provider if any claims are asserted directly against them.
The limitations of liability resulting from Sec. 1 and 2 do not apply as far as the provider has maliciously hidden the defect or assumed a guarantee for the quality of the product. The same applies as far as the provider and the purchaser have concluded an agreement on the quality of the product. The provisions of the Product Liability Act remain unaffected.

§ 9 Resale / Export

In the event of resale within the EU, Directive 93/42 EEC and Regulation 2017/745 (“(EU-) MDR”) must be complied with.
The provider forbids the direct and indirect export of our products to the USA, Canada and third party countries.
The buyer shall indemnify the provider from all claims that are raised against the provider from the USA, Canada and third party countries as a result of the export to these countries, even if the provider agrees to such export.

§ 10 Data storage
The buyer agrees that his data relevant for the execution of the contract will be stored by the provider.

§ 11 Final provisions

The law of the Federal Republic of Germany applies to contracts between the provider and the purchaser under exclusion of the UN Sales Law.
As far as the purchaser is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes from contractual affairs between the purchaser and the provider is the place of business of the provider.
Even if any individual points of these GTC are legally invalid, the remaining parts of these GTC remain binding. The invalid points will be replaced by the legal provisions, as far as they exist. As far as this would be an undue hardship for a contract party, however, the contract shall remain invalid as a whole.

Version: 31.07.2020