General Terms and Conditions
Last updated February 2024
§ 1 General, scope of application
(1) These General Terms and Conditions (hereinafter: GTCs) apply to all offers, deliveries, and services of MEDlight GmbH
(hereinafter: MEDlight), in particular, the contracts concluded in the online store at the URL https://www.medlight.eu between us,
MEDlight GmbH
Füllenbruchstraße 201
32051
Herford
Geschäftsführer: Tim Träder und Udo Wiemers
Handelsregister: HRB 11981 (Amtsgericht Bad Oeynhausen)
Umsatzsteuer-Identifikationsnummer: DE 271550197
Phone: +49 5221 / 994 29 0
Fax: +49 5221 / 994 29 40
Email:
info@medlight.eu
and you as our customers or buyers. These GTCs apply to customers who are consumers and to customers who
are entrepreneurs. Insofar as regulations apply only to entrepreneurs or only to consumers, this is expressly indicated.
A
consumer within the meaning of Section 13 BGB is any natural person who enters into a legal contract for purposes that are predominantly
outside their trade, business, or profession. A business as defined in Section 14 BGB 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) The version of the GTCs valid at the time of the conclusion of the contract shall apply.
(3) Our GTCs
shall apply exclusively; we do not recognize any conflicting or deviating terms and conditions of the customer, even if we do not
expressly object to their application.
§ 2 Ordering Process, Conclusion of Contract
(1) Orders can only be placed by persons of legal age who have a residential address, or companies that have their registered office,
in one of the following EU member states; shipping is only made to delivery addresses in these countries listed below:
Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia,
Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic,
Hungary, Cyprus.
(2) The customer may place an order by mail, fax, phone, email, or through our online store.
(3) The products offered in our online store do not constitute a binding offer to conclude a purchase contract. Instead, they
represent a non-binding invitation to order goods from the online store. The order process is as follows:
- As part of the ordering process, you first add the desired item(s) to the virtual shopping cart. You can adjust the quantity or remove items at any time.
- Customers are limited to a maximum of 3 items per order.
- Once you have added item(s) to the shopping cart, click the 'Checkout' button to proceed to the order process.
- If you are not logged into a customer account, you will be prompted to either register a customer account and log in or continue as a guest.
- First, enter an address on the 'Billing Address' page or select a saved address by clicking 'Bill to this address'.
- Then, enter an address on the 'Shipping Address' page or select a saved address by clicking 'Ship to this address'.
- Finally, select the shipping method on the 'Select shipping method' page and the payment method on the 'Select payment method' page.
- Finally, an overview page ("Please confirm your order") will open where you can check your details. You can correct your input
errors (e.g. regarding payment method, dates, or the desired quantity) by clicking on "Change" in the respective field. Before
submitting the binding order, you can also use the forward/backward buttons within the order process to go back and forth and correct
input errors or make desired changes.
To confirm/accept the terms and conditions and privacy policy as a guest, check the box provided. Access them by clicking on the underlined links. - Clicking on the 'Confirm' button to submit an order through the online store creates a legally binding agreement. By ordering goods, you declare that you wish to purchase them from us under these GTCs.
The order is accepted by a separate email (e.g. an order confirmation, a payment confirmation, or a shipping confirmation), but may also be accepted in writing or by delivery of the goods to the customer.
We will notify you as soon as possible if we are unable to accept your order in the rare event that an item you have ordered is not available. In this case, we will refund any payments you have made.
(4) As a registered user, you do not have to enter your personal data each time, but you can simply log in to your customer account with your username or your e-mail address and the password you chose during registration before or during an order. There is no obligation to purchase any of the goods we offer simply by registering. For information on the processing of your data, please read our Privacy Policy, which you can find at the following link https://www.medlight.eu/en/privacypolicy/. When you register, you need to pick a personal username and password.
(5) When ordering prescription medical aids, you have the option of submitting your prescription to us. The following options are available:
-
• You send us your original prescription by mail before making the purchase.• MEDlight electronically submits a cost estimate via egeko eKV (opta data Finance GmbH) to the relevant health insurance company.• The health insurance company approves the cost estimate.• The medical aid is shipped to the insured party along with an invoice for the co-payment (invoice waived for non-co-payment patients).
-
• You send the prescription to the health insurance company.• The health insurance company selects MEDlight and requests a cost estimate. Upon approval, they either send the approved cost estimate by mail or directly.• The aid is shipped to the insured party along with a co-payment invoice (there is no invoice for patients exempt from co-payment).
In all cases, there may be a difference between the purchase price and the amount covered by the health insurance company. For this
amount, you will receive a separate invoice from us.
The explicit acceptance of our offer occurs when ordering prescription
aids electronically via email. The contract is concluded at the latest through the acceptance in the form of delivering the prescribed
aids.
(6) The contract is concluded in German. Translations of these GTCs into other languages are for information purposes only. In case of discrepancies between the language versions, the German text takes priority.
§ 3 Storage of the Contract Documents
The contractual terms and conditions, including details about the goods ordered, these GTCs, and the Cancellation Policy, will be sent to you by email whith the order confirmation notification. We do not store the contract terms.
§ 4 Right of Cancellation
If you are a consumer within the meaning of § 13 of the German Civil Code (BGB) (see also § 1 No. 1 of these General Terms and Conditions), you are entitled to the statutory right of cancellation described below:
CANCELLATION NOTICE
Right of Cancellation
You have the right to cancel this contract within the fourteen-day cancellation period without giving reasons.
The right
to cancel must be exercised within fourteen days from the day on which you or a third party named by you, who is not the carrier,
receives the goods (or the final goods, partial shipment, or item in the case of a contract for multiple items of the same order or
delivery, or the delivery of goods in several partial shipments or parts).
To exercise your right of cancellation, you must
notify us
MEDlight GmbH, Füllenbruchstraße 201, 32051 Herford
Phone: +49 5221/ 994 29 0,
Fax: +49 5221/ 994 29 40,
E-mail: info@medlight.eu
in writing (e.g., by letter, fax, or e-mail) of your decision to cancel this contract. You
may, but are not required to, use the attached sample cancellation form.
To comply with the cancellation period, it is
sufficient for you to send your notice of exercise of your right of cancellation before the end of the cancellation period.
CONSEQUENCES OF A CANCELLATION
If you cancel this contract, we will refund all payments received from you, including the delivery
costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method
offered by us), without unreasonable delay and no later than 14 days after the day on which you notify us of your decision to cancel
this contract. For this refund, we will use the same means of payment that you used for the original transaction unless explicitly
agreed otherwise with you, and under no circumstances will you be charged any fees for this refund. We may withhold the refund until
we have received the goods or until you have provided us with proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us without delay and in any event no later than fourteen days after the date on which you
have notified us of your decision to cancel the contract. The deadline is met if you return the goods within fourteen days.
You are responsible for the cost of shipping the goods back to us.
You shall only be liable for any loss of value of the
goods if such loss of value is due to handling of the goods that was not necessary for checking their condition, properties, and
functionality.
-End of the right of cancellation-
§ 5 Prices and Shipping Costs
(1) All prices listed in our online store are gross prices including VAT and excluding shipping costs. The shipping costs are
indicated in our pricing information in our online store. The price including VAT and shipping costs will also be displayed in the order
form before you submit your order. An overview of shipping costs for deliveries within Germany and to other EU countries can be found
here (www.medlight.eu/de/shipping-costs).
(2) If we fulfill your order per § 7 paragraph 1 of these GTC by partial deliveries,
you will only be charged shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge
shipping costs for each partial delivery.
(3) The goods are shipped by mail. The seller bears the shipping risk if the
customer is a consumer.
(4) In case of exercising the right of cancellation, the customer must pay the direct shipping return
costs.
§ 6 Payment Terms
(1) Unless otherwise stated in the order confirmation, the net purchase price (without deduction) is due immediately.
(2) We
offer you the option to pay for your ordered goods by purchase on account. With this payment option, you will receive an invoice from
us, which you are required to settle within the specified period.
(3) For each order, we reserve the right not to offer
certain payment methods and to refer to other payment methods.
(4) You will be in default if you negligently fail to pay your
invoice/installments by their due date. In the event of default, the entire claim becomes due for immediate payment. During default, we
are entitled to demand an annual default interest rate of 5 percentage points above the base interest rate. Further rights due to
default remain unaffected.
(5) The customer is only entitled to set-off rights if his counterclaims have been legally
established or are undisputed. Furthermore, the customer is only entitled to exercise a right of retention if his counterclaim is based
on the same contractual relationship.
§ 7 Delivery Terms, Reservation of Advance Payment, and Force Majeure Clause
(1) The delivery period is as stated in the product presentation/offering unless otherwise agreed or stated and commences upon the
conclusion of the contract, subject to the provisions in clauses 3 and 4. Otherwise, the delivery period is 5 working days within
Germany from the date of receipt of our acceptance of the contract and 10 working days for deliveries to EU countries.
(2) For
orders from customers residing or conducting business abroad, or in cases where there are justified indications of a risk of payment
default, we reserve the right to deliver only upon receipt of the purchase price plus shipping costs (advance payment reservation). If
we choose to exercise the advance payment reservation, we will inform you promptly. In this case, the delivery period begins upon
payment of the purchase price and shipping costs.
(3) Delivery and service delays due to force majeure and events that
substantially impede or make delivery temporarily impossible, are beyond our control, even if binding deadlines and dates have been
agreed upon. These circumstances entitle us to postpone the delivery or performance for the duration of the hindrance plus a reasonable
lead time, or to withdraw from the contract entirely or partially due to the unfulfilled portion.
§ 8 Packages not accepted and not collected
We reserve the right to charge €30 for unaccepted and uncollected packages to cover the incurred costs (e.g., handling, packaging, freight). However, we waive this right if you demonstrate that no or only minimal costs have been incurred by us. Similarly, you are not obligated to pay any costs for unaccepted or uncollected packages if you have notified us of your withdrawal from the contract before the goods are delivered to you or to the designated parcel shop. The decisive moment is the dispatch of your withdrawal.
§ 9 Assignment
We reserve the right to assign or pledge our due purchase price claims arising from the delivery of goods to third parties.
§ 10 Warranty, Guarantee
(1) We adhere to the statutory warranty regulations for goods defects. The statutory limitation period for warranty claims is two
years and begins upon delivery of the goods.
(2) Seller guarantees are not provided. An additional guarantee exists for goods
supplied by us only if it has been expressly stated in the order confirmation for the respective item.
§ 11 Retention of Title
The delivered goods remain our property until full payment of the purchase price has been made.
§ 12 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with
statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable – unless
otherwise regulated in Clause 3 – for breaches of contractual obligations which are essential for the proper execution of the contract
and on which you, as the customer, may regularly rely (so-called cardinal obligations), limited to compensation for foreseeable and
typical damages. In all other cases, our liability is excluded, subject to the provision in Clause 3.
(3) Our liability for
damages resulting from injury to life, body, or health, as well as under the Product Liability Act, remains unaffected by the above
liability limitations and exclusions.
(4) To the extent that our liability is excluded or limited, this also applies to the
personal liability of employees, representatives, and agents.
§ 13 Copyright
We hold the copyright to all original images, films, and texts created by us and published in our online shop. For content obtained from sources labeled as 'Free to use' or provided by stock image providers, usage rights may differ and should be respected accordingly.
§ 14 Privacy Policy
We assure compliance with the provisions of the General Data Protection Regulation, the Federal Data Protection Act, and other relevant legal norms when collecting, processing, and using the purchaser's personal data. Please refer to our privacy policy for further information (www.medlight.eu/privacyinfo).
§ 15 Miscellaneous
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, if:
(a) You have your
habitual residence in Germany, or
(b) Your habitual residence is in a country that is not a member of the European Union.
If you have your habitual residence in a member state of the European Union, German law also applies, with mandatory provisions of the
state in which you have your habitual residence remaining unaffected.
(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 MEDlight is the registered office of MEDlight.
(3) Should individual provisions of this contract be
or become invalid, this shall not affect the remaining provisions of the contract.
The European Commission provides a platform
for online dispute resolution (OS):
https://ec.europa.eu/consumers/odr/
We would like to point out that we are not
willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Cancellation Form Template
(If you wish to cancel the contract, please fill out this form and send it back.)
To MEDlight GmbH, Füllenbruchstraße 201, 32051
Herford, Phone: +49 5221/ 994 29 0, Fax: +49 5221/ 994 29 40, Email: info@medlight.eu
I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/ received on (*):
Name of consumer(s):
Address of consumer(s):
Consumer(s) signature(s) (only if this form is notified on paper):
Date:
(*) Delete as applicable.
