General Terms and Conditions - B2B

1. Scope

For all contracts concluded with FormMed HealthCare GmbH, based in Frankfurt am Main, regarding the product range of our online shop in the partner area, which is aimed exclusively at entrepreneurs and can be accessed at www.FormMed-Shop.de and your access data, these General Terms and Conditions ("GTC") apply exclusively.

These GTC also apply to future business relationships without us having to refer to them again. Should you use conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Conclusion of contract

The presentation of the products in our online shop as well as in our preparations catalog does not constitute a legally binding offer. You can order our products directly online in our online shop or using an order form. By placing your order you are making a binding offer which we can accept.

When ordering in our online shop you can initially place our products in the 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 contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after you have submitted the order. This confirmation of receipt does not constitute a contract conclusion.
The contract only comes into effect through our declaration of acceptance (shipping confirmation), which we will send you in a separate email. If you have not provided us with an email address, we will send you our declaration of acceptance by post; in this case, the acceptance period is five working days from receipt of your order.

3. Contract language, storage of contract text

Only the German language is available for concluding contracts in our online shop. 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 are exclusive of the applicable statutory sales tax. In addition to the stated product prices, shipping costs may also be incurred. These are listed in our online shop and can also be found on the order form.

The delivery times stated by us are calculated from the time of receipt of your order. 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. Unfortunately, it is not possible to collect the goods yourself. We do not deliver to packing stations.

5. Payment

You agree to the transmission of all invoices by email.
You can revoke your consent at any time.

The following payment methods are available to you:

• SEPA direct debit
• Invoice

6. Retention of title

We reserve ownership of the goods until all our claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign all claims arising from this resale to us in the amount of 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.

7. Transport damage

The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code (HGB) applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and guarantees

The statutory liability for defects applies, in particular Sections 434 ff. of the German Civil Code (BGB).

9. 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, body 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, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which can typically be expected must.

Otherwise, claims for damages are excluded.

10. Code of Conduct

We have subjected ourselves to the Trusted Shops quality criteria, which can be viewed on the Internet athttps://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf .

11. Final provisions

German law applies, excluding 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 jurisdiction of the German Federal Court of Justice is The place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

Status: March 2023