General Terms And Conditions
Section 1 General – Scope of Application
Königsee Implantate GmbH develop, produce and sell osteosynthesis products for human and veterinary medicine. As part of their range of veterinary products, Königsee Implantate GmbH provides fixed-angle implants and instruments through an online store. The following Terms and Conditions concern the relationship between Königsee Implantate GmbH (‘Seller’) and the customer (‘Purchaser’) through the online store.
(1) Our online Conditions Of Sale only apply to orders placed through www.vet-implatante.de for veterinary products listed here for osteosynthesis in small animals.
(2) Any conflicting conditions or any conditions of the Purchaser which deviate from our Conditions Of Sale are not recognized by us unless we consent to their validity exclusively in writing.
(3) Orders under separate conditions cannot be transacted through the ‘Königsee VetShop’ online store. A Königsee Implantate GmbH service assistant must be contacted in order to place an order under separate conditions.
(4) Our Conditions Of Sale also apply if we carry out delivery to the customer despite being aware of conflicting conditions or conditions of the Purchaser which deviate from our Conditions Of Sale.
(5) All agreements made between us and the Purchaser for the purposes of performing this contract are annexed to this contract in writing.
(6) Our online Conditions Of Sale only apply to entrepreneurs in the meaning of Section 310 paragraph 1 German Civil Code. Under these General Terms And Conditions, the Purchaser is any natural person or legal entity which is a legally responsible partnership which carries out its independent or business activities when concluding a legal transaction.
Section 2 Contract Formation
(1) Before the prices for the displayed products can be viewed, a customer account must be created with all asterisk-marked fields filled out. The customer account will be activated as fast as possible through authentication after control of the given information and their validity by the Seller, thereby making it possible to place an order by using the online order form.
Provided that the Purchaser has not entered a different sales tax identification number, the current sales tax rate of the Federal Republic of Germany for veterinary products will automatically be applied.
(2) The product presentations in the Seller’s online store do not represent binding offers on the side of the Seller; rather they serve to allow the Purchaser to place a binding offerr.
(3) The Purchaser may give the offer through telephone, fax, e-mail, in writing, or through the online order form in the Seller’s online store. When placing an order through the online order form, the Purchaser, after entering and verifying his/her personal information and clicking on the ‘order’ button in the subsequent step of the ordering process, submits a legally binding offer for the goods in the online basket. (→ see also section B for Customer Information On The Ordering Process).
(4) The Seller may accept the offer from the Purchaser within five working-days, either through written (mail) or electronic (fax or e-mail) order confirmation. The Seller has the right to reject the order.
(5) Orders are normally processed automatically, and contact is normally made through e-mail. The Purchaser must ensure that the e-mail address provided is correct, in order that e-mails sent by the Seller to this address can be received. In particular, the Purchaser must ensure that any active spam filters do not block any e-mails sent by the Seller or by third parties engaged for the purpose of processing the order.
(6) It must be noted that upon acceptance of delivery of the goods, the Purchaser must assume responsibility for the traceability of the subsequent flow of the goods.
Section 3 Return Shipping Costs When Exercising Cancellation Rights
If the Purchaser has a cancellation right, the standard return costs shall be borne by the purchaser when exercising the cancellation right if the price of the item to be returned does not exceed EUR 50, or if the Purchaser has not yet rendered consideration or a partial payment at the time of cancellation if the price does exceed EUR 50; in all other cases the Seller shall bear the costs of returning the item.
Section 4 Prices – Terms Of Payment
(1) Provided that nothing else results from the order confirmation or from any special campaigns described in detail, our prices displayed in the online store are ‘ex works’ and do not include sales tax and shipping costs.
(2) The statutory sales tax is not included in our prices. The amount of payable statutory sales taxes is conform with the currently valid taxes which are displayed before confirming the order in an extra position.
(3) For orders via the online order form the following methods of payment are possible only:
- Payment in advance through electronic transfer (for orders within Germany and abroad)
- Delivery on account (for orders in Germany)
- Payment through credit card (VISA, MasterCard) (for orders within Germany and abroad)
(4) If payment in advance is agreed, payment will be due immediately upon conclusion of the contract. The Seller will only ship the goods upon receipt of the complete amount due.
(5) If ‘delivery on account’ is selected, the purchase price will be due for payment without deduction within 14 (fourteen) days of the invoice date, unless otherwise agreed. The Seller reserves the right to carry out a credit check when the ‘delivery on account’ payment method is selected, and may reject this method of payment in light of negative results from the credit check.
(6) Any deduction of cash discount requires special written agreement.
(7) Any additional expenses arising from changes requested retroactively may be invoiced by the Seller to the Purchaser.
(8) Orders via the online order form can be placed only at a minimum sum of 50,00€. Should this minimum amount not be reached the closing of this ordering process will be stopped by the ordering system.
(9) The Purchaser will only have rights of set-off if the Purchasers counter-claim is legally established, undisputed or recognized by us. In addition, the customer is only authorized to exercise his/her right of retention insofar as the customer’s counter-claim is based on the same contractual relationship.
(10) The Seller has the right to set off payment, first to the oldest debt that has not been declared legally binding , irrespective of any conflicting conditions of payment on the side of the Purchaser. If costs or interest have already incurred, the Seller has the right to set off payments first to the costs, then to the interest, and finally to the principal.
(11) The Seller is entitled to charge default interest at a rate of 8% above the base interest rate, under Section 247 BGB. The right to evidence higher damages caused by default remains expressly reserved.
(12) The currency valid in the Federal Republic of Germany, the Euro (€), is the payment currency.
Section 5 Terms of Delivery and Shipment
(1) Goods are normally delivered on the shipping route and to the address provided by the Purchaser. The delivery address provided to the Seller during the ordering process will be the address used for processing the order.
(2) Shipping costs can be viewed at all times and from any position within the Königsee vet shop. It is left to the discretion of the Purchaser to select one of the delivery options provided. No other delivery options are available.
(3) A sum of EUR 3.85 is charged to the Purchaser for standard delivery within Germany, regardless of the quantity ordered. Express delivery may only be selected for shipping within Germany, and costs EUR 15. The option of express delivery requires that the order is placed by 2 pm with Königsee Implantate. Delivery will then be effected by 6 pm on the following working day.
(4) Insurance of the goods for transport damage or other risks may only take place at the express request, and expense, of the Purchaser.
(5) Express delivery abroad (outside of Germany) is not possible. The provided delivery address and the total weight of the goods ordered are the basis for calculating the costs of delivery abroad ‘ex works’ (works address: OT-Aschau – Am Sand 4, 07426 Allendorf). The amount of the shipping costs is displayed separately for the Purchaser before final order confirmation. The standard transport partner of the Seller is Deutscher Paket Dienst (DPD).
(6) Shipping takes place at the Purchaser’s own risk. The risk is always transferred to the Purchaser, even if other services are provided by the Seller, upon transfer of the goods to the transporter at the latest. If shipping is delayed by circumstances for which the Seller is not responsible, the risk will be transferred to the Purchaser on the day when the goods are deemed ready for shipment.
(7) Transport packaging and all other packaging - in accordance with German packaging regulations - will not be taken back. The Purchaser is obliged to dispose of the packaging at the Purchaser’s own expense.
(8) If the transport company returns the shipped goods to the Seller on the grounds that shipping to the shipping address provided was not possible, the Purchaser will bear the costs for the failed delivery. This does not apply if the Purchaser exercises his/her cancellation right by rejecting delivery, or if the Purchaser was temporarily prevented from receiving the delivery, unless the Seller had provided a reasonable time of delivery in advance.
(9) Orders placed through the online store will always be shipped as packages. A package is insured by the Seller for transport up to a total goods value of EUR 500.
Section 6 Delivery Time
(1) The delivery time provided by us will only commence once all technical issues are resolved.
(2) Delivery deadlines are deemed as bindingly agreed if they were expressly confirmed in writing in the order confirmation.
(3) The Purchaser may not file claims due to delayed deliveries not caused intentionally or through gross negligence (as per German law) on the part of the Seller. This applies in particular to deliveries delayed by force majeure. In such cases, the agreed delivery deadline or period of delivery will be postponed based on the duration of the event impeding delivery.
Section 7 Reservation of Ownership
(1) The Seller reserves ownership of all parts delivered until receipt of all payments from the supply relationship. In the case of behavior in breach of the contract, and particularly in the case of defaults in payment, the Seller is entitled to recall the purchased items.
(2) The Purchaser is obliged to treat the delivered parts with care, and only to surgically use the parts after full payment of the purchase price.
(3) In the case of attachments or other interventions by third parties, the Purchaser must immediately inform the Seller in writing, in order that the Seller may institute third-party claim proceedings. If the third party is unable to reimburse the judicial and extra-judicial costs of such proceedings, the Purchaser will be liable on behalf of the third party.
Section 8 Materials Defect Liability, Liability, Returns
(1) The Seller is not liable for damages arising from improper handling, wear, storage or other treatment by the Purchaser or third parties. The Purchaser is obliged to ensure that the Seller’s products are only used by persons who can prove they are familiar with the rules of veterinary practice.
(2) Legal claims for defects expire one year after transfer of the goods. Therefore, a guarantee of durability is not provided.
(3) Faulty or erroneously ordered goods must be reported in writing immediately upon receipt, or within 14 days of receipt at the latest.
(4) Goods are returned by contacting a service assistant by the Seller and being allocated a returns number that must be provided with the goods to be returned.
(5) The terms of redemption for goods in their original packaging can be found in our ‘guideline for redeeming purchased goods’ and, unless agreed otherwise, remain effective until cancelled.
The seller may choose whether to repair the goods or to replace them.
(6) Returns of goods without their original packaging (due to faults) will only be accepted with filled-out proof of sterilization and a returns number provided by the Seller.
(7) Custom-made items may not be returned.
(8) The liability of the Seller for damages under the statutory regulations is unrestrictedly given if breach of duty on the part of the Seller is caused by intent or gross negligence (as per German law), and if an essential contractual obligation is culpably violated. Liability for damages will be restricted to the foreseeable damage that would typically arise in similar cases. Any further liability is excluded.
(9) Liability under the terms of the German product liability act remains unaffected. Liability for bodily injury or health also remains unaffected.
Section 9 Product Liability
(1) The Purchaser may only use the goods as intended, and must ensure that these goods are only sold on to persons familiar with the dangers and risks of the product. We refer expressly to section 7.1.
(2) Working with or bending the material can cause it to weaken or internal stress patterns to form, which can result in the material breaking in the future. The material should never be bent several times in various directions. Unless described otherwise in the surgical instructions of each of the implants, it is forbidden to subsequently adjust anatomically preformed plates.
(3) If the Seller have carelessly violated an obligation essential to the contract (also known as cardinal duty), the Seller’s obligation to pay compensation for damage will be limited to the foreseeable average damage which typically occur. Material obligations of the contract are obligations which the contract and its content impose on the Seller on reaching the goal of the contract, the fulfillment of which obligations allows the contract to be duly executed, and on the adherence to which the customer can normally rely.
(4) If the Seller has negligently violated a non-material contractual obligation, the Seller’s obligation to pay compensation will be limited to the order value.
Section 10 Miscellaneous
(1) The place of fulfillment is OT-Aschau – Am Sand 4, 07426 Allendorf.
(2) German law will exclusively apply, and the UN Convention on Contracts for the International Sale of Goods is excluded.
(3) The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. This choice of law only applies for consumers insofar as the protection granted is not revoked by stringent provisions of the law of the state in which the consumer normally resides.
(4) If the customer acts as an entrepreneur, legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes relating to this contract will be the place of business of the Seller. This will also apply if the customer has no general place of jurisdiction in Germany or the EU, or the customer’s place of residence or habitual residence is unknown at the time when proceedings commence. The authority to call upon the court in a different legal place of jurisdiction remains unaffected thereby.
(5) The languages of the contract are German and English.
(6) If any individual provisions of this agreement should be or become ineffective, the remaining provisions of this agreement shall remain effective. In such a case, the parties agree to undertake to replace the ineffective provision with an effective equivalent which most closely approximates the ineffective provision.
1. Seller Information
Königsee Implantate GmbH
OT Aschau - Am Sand 4
Managing Director Frank Orschler
Telephone +49 (0)36738 498 - 0
Fax +49 (0)36738 498 - 19
Local court of Jena
Sales tax identification number DE 160126052
2. Information On The Essential Features Of The Products Or Service
The essential features of the products or service can be found in the product descriptions in the store created by the Seller.
3. Information On The Formation Of The Contract
The contract will be created in accordance with section 2 of the general Terms And Conditions of the Seller (see above).
4. Information On Payment And Delivery
Payment is made in accordance with section 4, and delivery in accordance with section 5 of the general Terms And Conditions Of The Seller (see above).
5. Information On The Technical Steps Leading To Conclusion Of The Contract
The contract will be concluded through offer and acceptance.
5.1 If the Purchaser elects to place the order through the online order form, the Purchaser will submit his/her offer as follows:
5.1.1 After successfully logging in, the Purchaser may select products from the product range in the ‘categories’ menu and place them in the basket.
5.1.2 In the basket, the Purchaser may select the desired quantities of the products, and add or remove items. Changes to product quantities are applied when the Purchaser clicks on the ‘update’ button.
5.1.3 The Purchaser then clicks on ‘proceed to checkout’ to continue placing the order.
5.1.4 In the next step, the Purchaser selects the desired shipping method. The Purchaser may also view the available delivery options and update the delivery address by clicking on the ‘change address’ button. The Purchaser then clicks on the ‘continue’ button.
5.1.5 In the fifth step, the Purchaser selects the desired method of payment. At this point, the Purchaser may submit remarks on the order. Before the offer can be transferred, the Purchaser must check the ‘I accept the general Terms And Conditions and the Conditions Of Delivery’ box at the bottom of the page. The Purchaser may select premium insurance for the delivery, starting at a total item value of EUR 500.
5.1.6 In the sixth step, the Purchaser clicks on the ‘order’ button after re-checking the information entered with regard to completeness and correctness. By clicking the edit links next to the individual pieces of information, the Purchaser can correct these. The ordering process may be cancelled at any time by closing the browser window.
5.1.7 The Purchaser may print a copy of the order for security purposes. The Purchaser will also receive a confirmation e-mail from the Seller.
5.2 The Seller accepts the order in accordance with section 2.3 of the Online General Terms And Conditions Of The Seller (see above).
6. Information On Saving The Text Of The Contract
The text of the contract is saved by the Seller and is sent to the customer upon submission of the customer’s order, along with these General Terms And Conditions and customer information in text format (i.e. e-mail, fax or by mail). The text of the contract is also archived and can be accessed for free by the customer through the customer’s password-protected customer account by entering the correct login information.
7. Information On Technological Means Of Detecting And Correcting Erroneously Entered Information
Before submitting a binding order, the customer may correct his/her information with the keyboard and mouse functions. Before the binding order is submitted, all information is displayed again in a confirmation window and may also be corrected there with the keyboard and mouse functions.
8. Information On The Languages Available For Concluding The Contract
German and English are the only languages available for concluding the contract.
Information On The Cancellation Right
Consumers have a cancellation right in accordance with the following, whereby a consumer is every natural person who concludes a legal transaction for a purpose which cannot be attributed to his/her business or independent professional activities:
If a product is unavailable, the Purchaser will immediately receive information with a later – as soon as possible – delivery deadline. Any additional delivery costs connected with the unavailability of an ordered product will be borne by the Seller. After receiving the delivery information, the Purchaser is free to decide whether to continue to adhere to the conclusion of the contract with the Seller, and whether to agree to part or subsequent delivery. The Purchaser may cancel his/her contractual declaration within 14 days in text format (i.e. mail, fax, e-mail) with no obligation to provide grounds for cancellation, or – if the Purchaser receive the item before the term expires – cancel by returning the item. The term will begin upon receipt of this information in text format, but not before the receiver receives the goods (not before receipt of the first part delivery in the case of recurring deliveries of similar goods) and also not before the Sellers information obligations are fulfilled under Section 246 clause 2 in connection with Section 1 paragraphs 1 and 2 EGBGB [introductory act to the German civil code] and our obligations under Section 312e paragraph 1 line 1 BGB in connection with Section 246 clause 3 EGBGB. Punctual submission of the cancellation or shipment of the items is sufficient for adherence to the cancellation period. The cancellation should be sent to the following address:
Königsee Implantate GmbH
OT Aschau - Am Sand 4
Phone +49 (0)36738 498 - 0
Fax +49 (0)36738 498 - 19
Consequences of Cancellation
In the case of effective cancellation, the performances received on both sides must be returned and any benefits drawn (i.e. interest) returned. If the Purchaser is unable to return the received performance to the Seller in full or in part, or only in degraded condition, the Purchaser will be forced to pay compensation to the Seller in this respect. This does not apply when transferring items if the deterioration of the item is solely attributable to its examination (which would have been possible in the store). Otherwise, the Purchaser can avoid becoming liable for compensation due to deterioration through proper usage of the item if he/her do not use the item as their own property, and elect to forego everything that would detract from the value of the item. Items which may be shipped in packages must be sent back at the Sellers own risk. The Purchaser must bear the costs of returning the item if the delivered items are the items ordered, and if the price of the items to be returned does not exceed EUR 50, or if the item is more expensive and the Purchaser havs not yet rendered consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, returning the item will be free of charge to the Purchaser. Items which are to be sent back have to be package-ready for pick-up. Obligations to reimburse payments must be fulfilled within 30 days. The term begins for the Purchaser upon sending either the item or a declaration of cancellation. For the Seller, it begins upon receipt of either of these.
End of the cancellation information