Dieser Beitrag ist auch verfügbar auf: Deutsch
General terms and conditions
§ 1 Scope of application, definitions
(1) The business relationship between Luxxamed GmbH, Fiedlerstr. 20, 34127 Kassel (hereinafter referred to as the “supplier") and the customer (hereinafter referred to as the “customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognised unless the Supplier expressly agrees to their validity in writing.
(2) The supplier concludes the contract exclusively with entrepreneurs. Consumers are excluded from the purchase. The customer is a consumer in the sense of § 13 BGB, insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, according to § 14 BGB, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) A prerequisite for placing an order is that the customer has registered with the supplier and has been activated by the supplier. The customer can then select products from the provider’s range on the website and place them in the shopping basket via a button. By clicking the button “Buy now", the customer submits a binding application 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 supplier then sends the customer a declaration of acceptance. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract will be sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
(3) The customer must ensure that the e-mails sent by the supplier can be delivered. In particular, the customer must check for typing errors in the e-mail address given when placing the order and regularly check the spam folder of the e-mail inbox at the time the order is placed.
(4) The contract shall be concluded in German.
§ 3 No Promise of Cure
The Provider does not make any healing promise with regard to its products. In case of resale of the products by the customer, the customer himself is responsible for compliance with the legal provisions.
§ 4 Delivery, availability of goods
(1) Delivery times stated by the supplier are calculated from the time of order confirmation, provided that the purchase price has been paid in advance.
(2) The supplier delivers within Germany at the shipping costs stated on the website. The supplier is entitled but not obliged to refuse delivery to customers in other countries. In case of refusal, an order confirmation will not be issued.
§ 5 Retention of title
(1) The delivered goods remain the property of the supplier until full payment has been made.
(2) The supplier retains ownership of the delivered goods vis-à-vis entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.
(3) The customer is entitled to resell the goods subject to retention of title in the ordinary course of business, provided he is an entrepreneur and written consent has been obtained from the supplier. The customer shall assign all claims against third parties arising from this to the supplier in advance in the amount of the full invoice value. The processing of the goods has no influence on the effectiveness of the assignment. However, the customer remains authorised to collect his claims even after the assignment, without the authority of the supplier to collect the claims being affected. The supplier refrains from collecting the claims as long as no application for the opening of insolvency proceedings has been filed and/or the customer fulfils his payment obligations to the supplier without deductions and/or is not in default of payment.
§ 6 Prices and Shipping Costs
(1) All prices stated on the website of the Provider are subject to the applicable statutory value added tax, unless otherwise stated.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer.
(3) On the occasion of special promotions, the provider may occasionally offer free shipping, which will be shown separately on the website. Free shipping may be linked to certain conditions (e.g. minimum order value).
(4) The goods are shipped by post or forwarding agent. The supplier bears the shipping risk only if the customer is a consumer.
§ 7 Payment modalities
(1) The customer can make payment using the payment methods indicated on the website or in the offer. Reference is made to the data protection provisions of the external payment providers. The customer can view these in the data protection declaration on the website of the provider.
(2) Payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise stated on the invoice or in the offer. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Provider interest on arrears for the year at the rate of 9 percentage points above the base interest rate.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
(4) The customer is only entitled to set-off against the supplier if his counterclaims have been legally established, are undisputed or have been recognised by the supplier. The customer may only exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
(5) The supplier reserves the right to withdraw from the contract if the customer has not paid the agreed purchase price to the supplier without deductions within 14 days of receipt of the invoice.
§ 8 Warranty for material defects
(1) The warranty period for goods delivered by the supplier is 12 months.
(2) For the purpose of maintaining claims for defects, the customer must notify the supplier of defects in writing without delay, but at the latest within two weeks of delivery. The defective items must be kept ready for inspection by the supplier in the condition in which they are at the time the defect is discovered.
(3) Insignificant, reasonable deviations in the dimensions and designs – in particular in the case of repeat orders – do not entitle to complaints unless absolute compliance has been expressly agreed. Product illustrations may deviate from the appearance of the delivered products. In particular, changes in the appearance and equipment of the products may occur following renewals in the manufacturer’s range. Claims for defects do not exist if the changes are reasonable for the customer.
(4) An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective article.
§ 9 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 supplier, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, limb or health.
(3) Liability for loss of profit is excluded.
(4) The restrictions also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(5) The resulting limitations of liability do not apply insofar as the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 10 Data protection
(1) The customer agrees to the storage of personal data within the framework of the business relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the DSGVO. Data will not be passed on to third parties unless this is necessary for the performance of the contract or consent has been given.
(2) Insofar as the customer transmits the data of third parties, the customer assures that he has obtained consent from the third party and releases the provider from any claims in this regard.
(3) The rights of the customer or the person affected by the data processing result in particular from the following standards of the GDPR:
Article 7 (3) – Right to revoke consent under data protection law.
Article 15 – Right to information of the data subject, right to confirmation and provision of a copy of the personal data
Article 16 – Right of rectification
Article 17 – Right to erasure (“right to be forgotten")
Article 18 – Right to restriction of processing
Article 20 – Right to data portability
Article 21 – Right to object
Article 22 – right not to be subject to a decision based solely on automated processing, including profiling
Article 77 – Right to lodge a complaint with a supervisory authority
(4) In order to exercise the rights, the customer or the data subject is requested to contact the provider by e-mail or, in the event of a complaint, the competent supervisory authority.
(5) The provider assures to have taken appropriate technical and organisational measures to ensure the security of personal data and to reduce the risk for the data subjects.
(6) Reference is also made to the provider’s data protection declaration on the website.
§ 11 Dispute resolution
(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:
(2) The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 12 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions remain unaffected.
(2) The place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office in Kassel (Hesse).
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
Status: January 2022