Terms of contract within the framework of purchase contracts concluded via the platform https://shop.medical-intelligent.solutions
Medical Intelligent Solutions UG (haftungsbeschränkt)
86676 Ehekrichen, Deutschland
M: +49 151 67955832
Registered in the Commercial Register of Ingolstadt Local Court: HRB 8280
Represented by: Lukas Fortmeier, Kevin Tretter, Max Schröfelbauer
VAT identification number: DE 321 910 158
– hereinafter referred to as the “Provider” –
the users of this platform designated in § 2 of these General Terms and Conditions – hereinafter referred to as “Customer/Customers” – are concluded.
§ 1 Scope of application
For the business relationship between the supplier and the customer, the following General Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the supplier agrees to their validity expressly in writing.
§ 2 Conclusion of contract
(1) The Customer may select products from the Supplier’s product range and collect them in a so-called shopping basket by clicking the “Add to shopping basket” button. Via the button “Buy now” he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider will then send the customer an automatic confirmation of receipt with the subject “Confirmation of your order with Medical Intelligent Solutions” by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The customer’s order (1) represents the offer to conclude a contract with the respective contents of the shopping basket. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the supplier. The content of the order is summarized in this confirmation. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of order, GTC and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract will be stored in compliance with data protection regulations.
(3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, terms of payment
(1) Delivery times stated by us shall be calculated from the date of our order confirmation (§ 2 (2) of these General Terms and Conditions), subject to prior payment of the purchase price.
(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier will also inform the customer immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the provider is also entitled to withdraw from the contract. In this case he will immediately reimburse any payments already made by the customer.
(3) The customer can make the payment by PayPal, direct bank transfer, direct debit.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date.
§ 4 Prices and shipping costs
(1) All prices stated on the provider’s website are inclusive of the applicable statutory value added tax.
§ 5 Warranty for material defects
(1) The purchaser is aware that, according to the state of the art, errors in the software and the associated other material cannot be excluded. Medical Intelligent Solutions UG (haftungsbeschränkt) shall remedy defects free of charge within a reasonable period of time, which the user shall notify in writing in a comprehensible form within 12 months of the first use of the software.
(2) The defects shall be remedied in the form of a software update to be performed by the Customer.
(3) If repeated attempts at rectification by Medical Intelligent Solutions UG (haftungsbeschränkt) are unsuccessful, the legal rights of the user to a reduction of the remuneration or cancellation of the contract shall revive. If the user asserts warranty rights, this has no influence on further contracts concluded between him and Medical Intelligent Solutions UG (haftungsbeschränkt).
(4) Further claims of the user against Medical Intelligent Solutions UG (haftungsbeschränkt) are excluded, in particular claims for compensation for damages not incurred by the subject matter of the contract itself, e.g. loss or incorrect processing of data.
(5) This shall not apply in cases of intent or gross negligence.
§ 6 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the damage is a compensation claim by the customer arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 7 Notes on data processing
(1) The provider collects data of the customer within the framework of the handling of contracts. He observes in particular the regulations of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.
§ 8 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(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 ineffective. Instead of the ineffective points the legal regulations step, as far as available. As far as this would represent an unreasonable hardship for a contracting party, the contract as a whole becomes ineffective.