General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with
FormMed HealthCare GmbH
Registered office Frankfurt am Main
District Court Frankfurt am Main, HRB 128692
Represented by the managing directors Jan Herweijer, Steven Jongeneel, Dr. Roland Schmidt
Schönberger Weg 13
60488 Frankfurt am Main
Telephone: +49(0)69/76805698-22
Fax: +49(0)69/76805698-29
E-mail: info@FormMed.de
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can order our products You can initially place the items in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking on the order button you are placing a binding order for the goods in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you have submitted the order.
When the contract with us is concluded depends on the payment method you have chosen:
Invoice, SEPA direct debit
The contract is only concluded when we accept the order (shipping confirmation), which we will send to you in a separate email. The acceptance period is two working days from receipt of your order.
Credit card
When you place your order, you provide your credit card details and the credit card company carries out an authorization check. Once you have been identified as the legitimate cardholder, the payment transaction is automatically initiated and your credit card is charged when you place the order. The contract with us is concluded at the time the credit card is charged.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. The contract with us is concluded at the time you confirm the payment instruction to PayPal.
Prepayment
The contract is concluded when we send you our confirmation of receipt of your order, in which we also provide you with our bank details.
3. Contract language, storage of contract text
Only the German language is available for concluding the contract.
We save the contract text and send you the order data and our General Terms and Conditions in text form. You can view the contract text in our customer login.
4. Prices, shipping costs and delivery conditions
All prices stated in our online shop include the applicable statutory sales tax.
Shipping costs may also apply in addition to the stated product prices.
These are listed in our online shop (www.FormMed-Shop.de) under "Shipping and costs" and are also stated to you in the order form.
Delivery times stated by us are calculated from the time of receipt of your order, if you select the payment method of advance payment on the day after your payment order is issued to the transferring credit institution. Unless a different delivery time is stated for the respective goods in our online shop, it is 1-3 working days.
We only deliver by post and only to delivery addresses in Germany and Austria. Unfortunately, it is not possible to collect the goods yourself.
5. Payment
The following payment methods are generally available in our shop:
Prepayment
If you select prepayment as your payment method, we will give you our bank details in the confirmation of receipt of your order and will ship the goods after receipt of payment.
Invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to only offer purchase on account after a successful credit check.
SEPA direct debit procedure
When you place your order, you give us a SEPA direct debit mandate. We will inform you of the date on which your account is debited (so-called prenotification). When you submit the SEPA direct debit mandate, we instruct our bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The period for advance notification of the date the account will be debited (so-called prenotification period) is 6 banking days.
Credit card
When you place your order, you provide your credit card details. Once you have been identified as the legitimate cardholder, the payment transaction is carried out automatically and your card is debited.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instruction to us. The payment transaction is carried out automatically by PayPal immediately after the payment instruction has been confirmed. You will receive further information during the ordering process.
PayPal installment payments
In cooperation with the online provider PayPal, we offer you the option of purchasing in installments. A successful credit check is required. Your creditworthiness is checked by PayPal in real time. The installment payment contract is concluded between you and PayPal. You can find further information about PayPal installment payments here: https://www.paypal.com/de/webapps/mpp/paypal-instalments.
6. Retention of title
The goods remain our property until paid for in full.
7. Warranty and guarantees
The statutory liability for defects applies, in particular Sections 434 ff. of the German Civil Code (BGB).
Information on any additional guarantees that may apply and their exact conditions can be found on the product and on special information pages in the online shop.
8. Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty
• in the event of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected, unless we are liable without limitation in accordance with the above paragraph. Otherwise, claims for damages are excluded.
9. Applicable law
The contracts concluded between you and us are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions of the state in which you have your habitual residence remain unaffected.
10. Code of Conduct
We have subjected ourselves to the Trusted Shops quality criteria, which can be viewed on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS) at the following link: https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of cancellation, you must inform us (FormMed HealthCare GmbH, Schönberger Weg 13, 60488 Frankfurt/Main, telephone: +49(0)69/76805698-22, email: info@FormMed.de) of your decision to cancel this contract by an unambiguous statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for 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 earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
End of the cancellation policy
The right of cancellation expires prematurely for contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Status: April 2024
