Contact:
Theraline eK
Industriepark Nord 56
D-53567 Buchholz
International:
Tel: 0049-2683-96960
Fax: 0049-2683-969678
Freecall UK:
0800 012 41 90
E-Mail: info@theraline.de
General Terms and Conditions of Business
1. Area of validity
These general terms and conditions of business apply to any contracts concluded with the company Theraline eK that concern the purchase of products that are offered in Theraline eK's online shop.
2. Conclusion of contract
The contract is formed between the company Theraline eK and resellers - including midwives - who use Theraline eK's products for commercial purposes, and this includes fitting out their own practices with these products. The order from the customer is an offer to conclude a contract. The company Theraline eK can accept the offer within two weeks following receipt. A contract is formed when the order is confirmed by the company Theraline eK or, in the absence of an order confirmation, when the goods are delivered. All offers on our website are without obligation.
The delivery of the goods by us takes place subject to the proviso that we are not responsible for a lack of availability. Compensation for damage is excluded unless there is evidence of gross negligence, § 309 No. 7a German Civil Code remains unaffected. We will inform you immediately if the goods are not available. We reserve the right to make technical changes and colour changes.
3. Right of revocation
You can return the delivered goods to us within 14 days following receipt. For our part, this is a service provided by us which we are not legally obliged to provide. This does not apply to special items or goods made to order. Please contact us briefly before returning any goods so that we can decide on the best way of returning the goods. Our number is: 0049-2683-96960.
We will always refuse to accept goods returned, freight collect, unless we have approved this beforehand. The costs ensuing from this will be borne by the sender.
4. Price and payment
The purchase price is understood to be net plus the statutory VAT of 19% and the delivery costs. For goods sent within Germany we deliver franco domicile from a net order value of 200.00 €. For deliveries below 200.00 € there is a flat rate delivery charge of 4.90 €. In the event of deliveries abroad within the EU the delivery costs that accrue are charged in addition to the stated purchase price. In the event of deliveries abroad outside the EU, for example to Switzerland, the buyer pays the import costs (customs duty) that accrue. These costs can turn out to be disproportionately high and you should ascertain what these are beforehand by asking the customs authority.
The company Theraline eKreserves the right to only deliver against cash in advance. Dunning letters as well as interest on arrears statements will be charged for according to the dunning level plus processing fees. Only when ordering in the online shop must payments be made free-of-charge to Theraline eK's bank account, as stated in the invoice, within 21 days. If payment is made within 8 days the buyer can deduct a 5% discount. If the customer defaults, we are entitled to interest on arrears equating to 5% above the respective discount rate of the European Central Bank.
The prices apply until the publication of the new Web Shop edition. The buyer only has a right of set-off if his counter-claims are legally established, undisputed or acknowledged and accepted by us. The buyer is then authorised to exercise a right of retention if his counter-claim is based on the same contractual relationship.
5. Delivery periods
If delivery is delayed and we are responsible for the delay, then the duration of the extension to be granted by the buyer is 2 weeks. Receipt by us of the stipulated final deadline is the determining factor for the start of the 2-week extension. Partial deliveries are permissible.
Deliveries are insured up to an amount of Euro 511.29 via the parcel service of the Deutsche Post. The risk passes over to the customer as soon as the parcel is handed over to the transport company.
6. Material defects
Goods that are specifically made to order cannot be exchanged. The statutory warranty period is 2 years and starts when the goods are handed over. If a delivered item is defective, we are entitled, at our option, to deliver a replacement or remedy the defect. If remedying the defect is not practicable, then as of now the customer agrees to a replacement delivery instead.
If the first attempt to remedy the defect or send a replacement delivery fails, the customer is entitled, at his option, to a reduction in the purchase price or to cancel the contract. This regulation does not apply to special items and items made to order. These are sold to the exclusion of any warranty. In this respect it is simply conceded that the goods are in order when handed over to the transport company.
As regards mail-order business, we are to be informed in writing of obvious defects within 14 days from receipt. If the customer does not comply with this obligation, warranty claims on account of obvious defects are excluded. In the event of a notice of defect, the customer must send, at his expense, the relevant item to us, together with an exact description of the defect if possible, a copy of the invoice and using the original packaging. Original non-returnable packaging may not be used as packaging for the dispatch.
The customer's warranty claims are preserved in each case, even if this clause is not complied with. We will not accept the goods if these are sent freight collect and so in that case the buyer must pay the costs relating to the return. If it is proven that the customer is not entitled to make any warranty claims against the company Theraline eK, then the customer must pay the necessary costs incurred by the company Theraline eKwhen ascertaining that the goods are free of defects.
Claims for damages against the company Theraline eKare excluded unless the damage results from intent or gross negligence. This exclusion of liability does not apply in the event that primary contractual obligations are breached, if warranted qualities are missing or in the event of claims made under the product liability law. In the event of problems, please contact our Customer Service Department: Theraline eK, Customer Service Department Industriepark Nord 56 53567 Buchholz/Ww. Tel.: 0 26 83 - 96 96 0 or Fax: 0 26 83 - 96 96 78
7. Consequences of return
In the event of an effective return, the contract of sale becomes void. If the goods have been used or if they have deteriorated, we are entitled to ask for compensation. This does not apply if the deterioration of the goods is solely due to the examination thereof - just as you would have been able to examine them in a shop. Moreover you can avoid the obligation to compensate by starting to use the goods but not as the owner thereof and by desisting from doing anything that reduces their value. Unless you specifically inform us otherwise, the value of the return will be credited to your customer account.
8. Reservation of title
We deliver exclusively under reservation of title in accordance with § 449 German Civil Code. The reservation of title is expanded and extended as follows: Ownership only passes over to the buyer when the buyer has fully met all our claims, including future claims, against him that ensue from the business relationship. This applies even if the buyer does not pay the purchase price for specific deliveries as defined by him. If the buyer sells or disposes of the goods delivered by us to one or several purchasers, then as of now he assigns to us the amounts owed to him as a result together with all charging liens.
If the buyer sells or disposes of the goods delivered by us together with other goods that do not belong to us, then the amounts owed under such contracts of sale are assigned to us, the amount being equivalent to the value of the goods delivered by us under these contracts of sale. The assigned amounts owed to the buyer by his purchasers serve as security for the amount owed to us by the buyer. If we so request, the buyer is obliged to name the debtors who owe the assigned amounts, to provide the required information, to hand over the relevant documents and to inform the debtors of the assignment. We authorise the buyer to collect on our behalf the amounts owed from the resale despite the assignment.
This authorisation can be revoked by us at any time. Our authorisation to collect is not affected by the buyer's entitlement to collect. However we will not collect the receivables assigned to us if the buyer duly honours his payment obligations. The buyer is authorised by us to resell or further dispose of the delivered goods in the ordinary course of business subject to the condition that, in accordance with § 342 and § 343, the ensuing receivables are transferred to us. This authorisation can be revoked by us at any time. The buyer is not authorised as regards any other form of disposal, particularly pledging and collateral assignment.
The buyer is obliged to immediately oppose any seizure, garnishment or any other impairment of our rights by third parties and to inform us of this at once. If our deliveries are entered into a current account, then the aforementioned agreed reservation of title applies as security for our balance claim.
If the value of the security granted according to the aforementioned provisions exceeds the total amount owed to us by more than 20%, then, at the request of the buyer, we are obliged to release these securities that exceed the amount owed at the buyer's option, whereby - with the exception of the delivery in the current account relationship - only those deliveries will be released that are themselves paid for in full. In all other cases our reservation of title expires when all the amounts owed to us by the buyer in connection with the business relationship are paid in full. Ownership then passes over to the buyer; the buyer is entitled to assigned claims.
Offsetting and credit notes: The buyer can only offset our claims against an undisputed or legally established claim. Our accounting records and booking vouchers apply exclusively to credit notes together with the corresponding payment terms. Debit notes issued by the buyer are not binding for us. Performance date: The date on which the delivery is made or is made available to the buyer is the date of performance. Delivery provisos: All orders are expedited subject to delivery being possible.
We reserve the right to make partial deliveries and additional deliveries. If exceptional events occur, such as in particular Acts of God, traffic obstructions and stoppages of any kind, we are released from our obligation to deliver on time. Claims for compensation due to late delivery, partial delivery or non-delivery are excluded unless it is proven that we are guilty of intent or gross negligence.
9. Choice of Law, Jurisdiction
These Terms and Conditions supersede any other agreement between you and Theraline eK to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of Germany, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the courts of Montabauer, Germany.
