General terms and conditions of business

General Terms and Conditions

1. Scope

The following General Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

For entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract, Correction Options

The purchase contract is concluded with Velamed GmbH.

By placing products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products non-bindingly in the shopping cart and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking the order button to accept the offer for the products contained in the shopping cart. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract Language, Storage of Contract Text

The language(s) available for the conclusion of the contract: German, English

We store the contract text and send you the order data and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery Conditions

 Delivery Options

We ship the products to the delivery address specified in the order process.

You generally have the option of picking up your order at Velamed GmbH, Helmholtzstr. 50, 50825 Köln, Germany during the following business hours: Mon - Fri between 10:00 AM - 4:00 PM

We do not deliver to packing stations.

5. Payment

5.1 Due Date and Default of Payment

The price is due upon conclusion of the contract, unless a later date results from the following payment conditions.

For consumers: In the event of payment default, we reserve the right to charge you a fee of 1.50 Euros per reminder for the second and every subsequent reminder. You reserve the right to prove that less damage was incurred. Further claims remain unaffected by this.

For entrepreneurs: In the event of payment default, we reserve the right to charge you statutory default interest of nine percentage points above the base interest rate and a flat fee of 40 Euros. Further claims remain unaffected by this.

5.2 Payment Methods

The following payment methods are generally available in our shop.

Cash payment upon collection
You pay the invoice amount in cash upon collection.

Credit card
You enter your credit card details during the order process. Your card will be debited immediately after the order is placed.

Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the browser "Safari", be registered with Apple, have activated the Apple Pay function, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information can be found during the ordering process.

Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information can be found during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found with the respective payment option and in the ordering process.

Purchase on account via Klarna
The invoice amount is due 14 days after the goods are shipped and the invoice is received.

Klarna may offer additional payment methods in the customer account to registered Klarna customers selected according to its own criteria. We have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with Klarna. Further information can be found in your Klarna account.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. Further information can be found during the ordering process.

PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. We have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account.

Sofort by Klarna
To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, authenticate yourself accordingly, and confirm the payment instruction. Your account will be debited immediately after the order is placed. Further information can be found during the ordering process.

6. Right of Withdrawal

You are entitled to the statutory right of withdrawal as described in the cancellation policy.

7. Retention of Title

The product remains our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale - regardless of a connection or mixing of the reserved goods with a new item - are assigned to us in advance up to the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities due to us at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport Damages

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarder, carrier or other person or institution designated to carry out the shipment.

9. Warranty and Guarantees

9.1 Liability for Defects

Unless expressly agreed otherwise below, the statutory liability for defects applies.

The following restrictions and shortenings of deadlines do not apply to claims for damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of the Product Liability Act is opened.

Restrictions for entrepreneurs

For entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract apply as an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness.

The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.

Note for merchants

Among merchants, the duty to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to give the notice regulated therein, the goods shall be deemed approved, unless it is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and Customer Service

Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.

Customer Service: By phone and email

10. Liability

For claims for damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• in case of guarantee promises, if agreed, or
• insofar as the scope of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Final Provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.