General Terms and Conditions and Cancellation Policy
Terms of contract within the scope of purchase contracts concluded via the platform between
Bajohr OPTECmed (Bajohr OPTECmed GmbH, GF Christoph Bajohr) - hereinafter referred to as "Provider" -
the customers described in § 2 of the contract - hereinafter referred to as "Customer" -.
§ 1 Scope of application, definitions
(1) For the business relationship between the webshop provider (hereinafter "Provider") and the customer (hereinafter "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The Customer can select products from the Provider's assortment and collect them in a so-called shopping cart by clicking the button "add to shopping cart". By clicking on the button "send order" he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is concluded only by the submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation).
§ 3 Delivery, availability of goods
(1) The delivery takes place at the latest within 14 working days (Monday to Friday, holidays excluded) after issuing the payment order to the transferring credit institution, which you have to prove, or to PayPal. Made-to-measure products are excluded.
(2) If at the time of the customer's order no copies of the product selected by him are available, the provider will inform the customer immediately in the order confirmation. If the product is permanently not available, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without delay in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the provider are inclusive of the applicable statutory sales tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer.
(3) The goods are shipped by mail. The shipping risk shall be borne by the Provider if the Customer is a consumer.
(4) The customer has to bear the regular costs of the return shipment in case of a revocation.
§ 6 Payment modalities
(1) Bajohr OPTECmed only accepts payment in advance (PayPal or bank transfer).
(2) The Customer may change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon submission of the Customer's application (see § 2).
§ 7 Warranty for material defects
(1) The statutory warranty for defects shall apply with the following modifications.
(2) If the service rendered by Bajohr OPTECmed or the delivery item is defective, Bajohr OPTECmed may, at its option, deliver a replacement or remedy the defect. Multiple rectifications of the same defect - as a rule two - are permissible within a reasonable period of time.
(3) Medical incompatibility of the magnifying glasses does not constitute a defect. However, if this incompatibility is immediately reported to Bajohr OPTECmed and proven, the customer shall have the right to withdraw from the contract.
(4) If within four weeks after taking a pair of magnifying glasses into use (except custom-made products) it turns out that the actual working distance deviates not insignificantly from the information given by the customer when ordering, Bajohr OPTECmed will exchange the glasses. Shipping costs will be charged to the customer.
(5) Bajohr OPTECmed grants a warranty of 12 months on the rechargeable batteries as well as on the PowerLight system, during which defective devices will be exchanged or repaired at the discretion of Bajohr OPTECmed.
(6) The right of the customer to assert claims arising from defects shall in all cases become statute-barred after 12 months from the time of the passing of risk, unless a longer period is prescribed by law. Bajohr OPTECmed shall be entitled, at its option, either to repair or to make a replacement delivery.
(7) Obvious defects in work performances cannot be claimed after acceptance. Otherwise, for the purpose of preservation of the customer's claims for defects, such defects have to be communicated to Bajohr OPTECmed in writing immediately, at the latest, however, within one week after delivery. The defective items are to be kept ready for inspection by Bajohr OPTECmed in the condition they are in at the time the defect is discovered.
(8) Insignificant, reasonable deviations in dimensions and designs - especially in the case of repeat orders - do not entitle to complaints, unless absolute compliance has been expressly agreed between the parties. Details of the object of performance (e.g. weights, dimensions, utility values, load-bearing capacity, tolerances and technical data) are not guaranteed characteristics, but descriptions or identifications of the delivery or performance. Technical improvements as well as necessary technical modifications shall also be deemed to be in conformity with the contract, provided that they do not constitute a deterioration of the fitness for use.
(9) If operating or maintenance instructions of Bajohr OPTECmed are not followed, if modifications are made to the products, if parts are exchanged, or if consumables are used which do not comply with the original specifications, any warranty shall be void if the customer fails to prove a correspondingly substantiated assertion that only one of these circumstances has caused the defect.
(10) Liability for normal wear and tear is excluded.
(11) In case of defects of components of other manufacturers, which Bajohr OPTECmed cannot remove for reasons of licensing law or factual reasons, Bajohr OPTECmed will, at its option, assert its warranty claims against the manufacturers and suppliers for the account of the customer or assign them to the customer. Warranty claims against Bajohr OPTECmed exist in case of such defects under the other conditions and in accordance with these General Terms and Conditions of Delivery only if the legal enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, for example due to insolvency. For the duration of the legal dispute, the statute of limitations of the relevant warranty claims of the customer against Bajohr OPTECmed shall be suspended.
(12) A delivery of used objects agreed upon with the customer in individual cases shall be made under exclusion of any warranty for material defects.
(13) If Bajohr OPTECmed is available to the customer beyond its legal obligations to provide information regarding the use of its product, Bajohr OPTECmed shall only be liable if a special fee has been agreed for this.
§ 8 Liability, Limitation of Liability
(1) Claims for damages from positive violation of a claim, from culpa in contrahendo, and from tort, which are not at the same time based on the violation of a main contractual obligation by Bajohr OPTECmed, are excluded against Bajohr OPTECmed as well as against its vicarious agents, as far as the damage was not caused intentionally or by gross negligence. This does not apply to claims for damages due to lack of the contractually presupposed suitability, which are intended to protect the customer against the risk of consequential harm caused by a defect. Claims for damages according to the law on liability for defective products (ProdHaftG) remain unaffected as well as liability for damages to life, body or health.
(2) To the extent that Bajohr OPTECmed is liable for damages hereunder, such liability shall be limited to damages that were foreseeable as a possible consequence of a breach of contract at the time of the conclusion of the contract or that could have been foreseen by exercising due care. Indirect damage and consequential damage resulting from defects in the delivery item shall also only be compensable insofar as such damage is typically to be expected when the delivery item is used for its intended purpose.
(3) In the event of liability for simple negligence, the Seller's obligation to pay compensation for damage to property and further financial losses resulting therefrom shall be limited to an amount of EUR 500 per case of damage, even if a breach of material contractual obligations is involved.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 9 Cancellation policy
Right of revocation
Consumers have a right of revocation according to the following provisions, according to which a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:
You have the right to revoke this contract within 14 days without giving any reason. The revocation period is 14 days from the day
- on which you or a third party named by you, who is not the carrier, have taken possession of the goods or have taken possession of the goods if you have ordered one or more goods as part of a uniform order and the goods or goods are delivered uniformly;
- on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, if you have ordered several goods as part of a single order and the goods are delivered separately;
- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last partial consignment or the last piece, if you have ordered goods that are delivered in several partial consignments or pieces.
If there are several of the above alternatives, the cancellation period shall not begin to run until you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods or the last partial delivery or piece.
In order to exercise your right of withdrawal, you must notify us:
Owner: Bajohr OPTECmed GmbH
Managing Director: Christoph Bajohr
e-mail address: firstname.lastname@example.org
by means of a clear declaration (e.g. a letter sent by mail, fax, telephone call or e-mail) about your decision to revoke this contract. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we must return to you all payments that we have received from you, including delivery costs (with the exception of additional costs that may result from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.
End of the cancellation policy
§ 10 Notes on data processing
(1) The provider collects data from the customer in the course of processing contracts. He observes in particular the provisions of the Federal Data Protection Act and Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the Customer's consent, the Provider shall not use the Customer's data for purposes of advertising, market or opinion research.
(3) The customer has the option at any time to call up the data stored by him under the button "My data" in his profile, to change this or to delete it. In all other respects, reference is made with regard to the Customer's consent and further information on data collection, processing and use to the data protection declaration, which can be called up in printable form on the Provider's website at any time via the "Data Protection" button.
§ 11 Final Provisions
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the statutory provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.