General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (KDM Group GmbH) via the https://parahealth.de unless otherwise agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity that is exercising its commercial or independent professional activity when concluding the legal transaction (entrepreneur). The conclusion of a contract with consumers is excluded.
§ 2 Formation of the contract
(1) The object of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.
(2) Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(3) You can submit a binding contract offer (order) by telephone, e-mail, fax, post or via the online shopping cart system.
When purchasing via the online shopping cart system, the goods intended for purchase are stored in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately when ordering by telephone or at the latest within 5 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). is confirmed (order confirmation). The order confirmation is treated as a confirmation of receipt of the order.
(5) Upon request, we will provide you with an individual offer, which will be sent to you in text form and to which we are bound for 5 days (unless another period is specified in the respective offer). You accept the offer with confirmation in text form.
(6 ) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Prices, terms of payment and shipping costs
(1) The prices stated in the respective offers as well as the shipping costs are net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price and will be charged separately, unless free shipping has been agreed. Further details can be found under a correspondingly labeled button on our website or in the respective offer.
(3) If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
(4) Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
(5 ) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. Insofar as no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice.
(6) SEPA direct debit (basic and/or company direct debit)
When paying by SEPA Core Direct Debit or SEPA Business-to-Business Direct Debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. The direct debit will be collected within 5 days of conclusion of the contract. The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.
§ 4 Terms of delivery
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed separately by us in writing. In the case of payment in advance by bank transfer, the goods shall only be dispatched only after receipt of the full purchase price and the shipping costs with us.
(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) Shipment shall be at your risk. If you wish, the shipment will be made with appropriate transport insurance, whereby the costs incurred as a result are to be borne by you.
(4) Partial deliveries are permissible and can be invoiced by us independently, provided that you are not charged additional shipping costs as a result.
(5) The goods shall remain the property of KDM Group GmbH until receipt of payment.
§ 5 Warranty
(1) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.
§ 6 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted prior to the transfer of ownership of the goods subject to retention of title.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
(4) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 7 Choice of law
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
§8 Purchase on account for corporate customers via Billie
II Customer information
1. identity of the provider
KDM Group GmbH
Gartenkamp 8D
49492 Westerkappeln
Germany
represented by the shareholders:
Fernando Di Matteo, Friedrich Valentin Kley
Osnabrück Local Court
File number HRB 216804
Phone: 023814239003
E-Mail: service@parahealth.de
2. information on the conclusion of the contract
The technical steps for concluding the contract and the conclusion of the contract itselfas well as the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. contract language, contract text storage
3.1 The contractual language is German.
3.2 We do not store the complete text of the contract. Before sending the order or inquiry, the contract data can be printed out using the browser's print function or saved electronically.
4. codes of conduct
4.1. The provider has submitted to the code of honor of Trusted Shops GmbH, which can be viewed at the following link: http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.
These general terms and conditions and customer information were created by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 16.10.2022