Terms and conditions
- 1. General information
- 2. Offer
- 3. Agreements
- 4. Right of Withdrawal
- 5. Merchandise Prices, Shipping costs and accepted forms of payment
- 6. Payment due date and order processing
- 7. Right to deduct claims and withhold payments
- 8. Retention of Ownership
- 9. Delivery
- 10. Guarantees, Warranties and customer service
- 11. Liability
- 12. Final provisions
- Note regarding the EU-Platform for dispute resolutions (OS-Platform)
- Note regarding the Consumer Dispute Settlement Act (Verbraucherstreitbeilegungsgesetz)
- Note regarding the German Battery Act (Batteriegesetz)
1. General Information
|(1)||These General Terms and Conditions (hereinafter referred to as „T&Cs“) of
Dr. Thomas Bohne e.K.
(hereinafter referred to as „provider“), as a party to the contract, apply to all orders placed in the Online Shop at https://shop.gos-implant.com (“Online Shop”). The customer has the option of viewing, printing and saving these T&Cs in a readable format during the order process. The latest version of these T&Cs is also available at https://shop.gos-implant.com.
|(2)||A consumer in terms of these T&Cs means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. An entrepreneur in terms of these T&Cs means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession|
|(3)||By placing an order, the customer agrees to be bound by the T&Cs applicable at the time of the order in the Online Shop. Any T&Cs of the customer which contradict these T&Cs are not part of the contract. The text of the contract will be stored electronically by the provider; however, for security reasons, once the order process is complete, this text can no longer be accessed by the customer. Nevertheless, the customer is free to print the web page showing the terms of the contract during the order process by using the print function in the browser. Registered customers with a user account may view, change and save their personal data, such as contact information, within their user account and they may view the status of their orders.|
|(4)||The contract language is English.|
|(1)||The products displayed by the provider on https://shop.gos-implant.com are offered for sale exclusively to persons or legal entities with full legal capacity to conduct business. Persons without legal capacity or with limited legal capacity to conduct business may only purchase the goods offered for sale with the involvement and permission of their legal representative.|
|(2)||The illustrations in the Online Shop serve only to present the products and do not constitute a legally binding offer from the provider.|
|(1)||The order process begins when the customer places items offered for sale in the Online Shop in the virtual “Basket” and then proceeds to the virtual “Checkout.” By clicking the “Buy now” button during the order process, the customer completes the order and submits to the provider a legally binding offer to purchase the items in the Shopping Cart. Information entered by the customer prior to completing the order process may be changed at any time by using the editing functions (“Edit” and “Delete” buttons) incorporated in the order process.|
|(2)||Once received, the customer’s order will be immediately confirmed (hereinafter refered to as “Order Confirmation”). The Order Confirmation does not in itself represent a legally binding acceptance of the order by the provider; rather, it merely informs the customer that the order was properly transmitted to the provider.|
|(3)||The acceptance of an order and thus the conclusion of a contract is effected by a separate declaration of acceptance of the contract by the provider.
The provider can declare the acceptance of the contract by (i) sending a separate order confirmation by email, (ii) by delivery of the goods (the customer is informed about the shipment by confirmation of delivery via email) or (iii) by requesting payment after customer’s order. In the event that several of the aforementioned alternatives are given, the contract is concluded at the time when one of the aforementioned alternatives occurs first. A period of three working days after receipt of an order shall apply to the provider for the acceptance of a contract offer by the customer.
4. Right of withdrawal
|(1)||Consumers have the following right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address is outside the European Union at the time of conclusion of the contract.
|(2)||The right of withdrawal does not apply to the following contracts:
|(3)||Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Dr. Thomas Bohne e.K.
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
|(4)||The provider makes the following non-binding recommendations for handling the purchased goods during the withdrawal period as well as for returning the purchased goods in the event of withdrawal of contract. These recommendations are only suggestions and do not constitute conditions for exercising the right to withdraw the contract:
The customer is asked to avoid damaging or soiling the purchased goods during the withdrawal period and, whenever possible, to return the purchased goods to the provider in its original packaging including all accessories and package contents. If the original packaging is no longer available, appropriate packaging should be used to avoid damage in transit.
5. Merchandise prices, shipping costs and accepted forms of payment
|(1)||All quoted prices include value added (sales) tax and exclude any applicable shipping costs as well as costs associated with the selected method of payment. Goods ordered from the Online Shop are sold at the prices in effect on the order date. Prices are clearly indicated during the order process. The customer will also be informed of any shipping charges as well as any costs resulting from the selected payment method during the order process|
|(2)||The provider accepts the payment via PayPal Plus. Different payment methods are possible via PayPal services. The requirements for the use of individual payment methods depend on the regulations of PayPal Services. The customer will be redirected to the website of the online provider PayPal when paying via PayPal Plus. There the customer can enter his payment data, check the use of his data by PayPal and confirm the payment order to PayPal. Further information is provided during the ordering process.|
|(3)||If the customer chooses the payment method PayPal, the customer has to be registered there in order to be able to pay the invoice amount, or must first register and identify himself with his access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction.|
|(4)||If the customer chooses the payment method credit card, the customer does not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be executed by the customer’s credit card company immediately after confirmation of the payment instruction and the customer’s legitimacy as the legitimate cardholder, at the Customer’s request, and the customer’s card will be debited.|
|(5)||If the customer chooses the payment method direct debit, the customer does not have to be registered with PayPal in order to pay the invoice amount. With confirmation of the payment instruction the customer issues a direct debit mandate to PayPal. The customer will be informed by PayPal about the date of the account debit. By submitting the direct debit mandate immediately after confirmation of the payment instruction PayPal asks its bank to initiate the payment transaction. The payment transaction is executed and the customer’s account is debited.|
|(6)||If the customer chooses the payment method Invoice, the customer does not have to be registered with PayPal in order to pay the invoice amount. After successful address and credit check and submission of the order, the provider assigns his claim to PayPal. In this case, the customer can only pay to PayPal with debt-discharging effect. This payment method is only offered in Germany.|
6. Payment due date and order processing
|(1)||Any amounts billed by the provider to the customer are generally, and unless otherwise stated in this§ 6 of these T&Cs, payable on the effective date of the contract and to be paid without deduction.|
|(2)||Payments via “PayPal” are subject to the “User Agreement for PayPal Service“ of PayPal (Europe) S.à.r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The respectively valid User Agreement, which PayPal users have to comply with in relation to PayPal (Europe) S. à. r. l. & Cie, S. C. A. are available at www.paypal.com in English language. For the payment methods offered in the online shop via PayPal Plus see § 5 of these T&Cs. The goods will be shipped upon payment confirmation from PayPal.|
7. Right to deduct claims and withhold payment
|(1)||The customer may deduct claims against the provider from amounts due only if said claims result from the same purchase contract, are recognized by the provider or are undisputed.|
|(2)||The customer may exercise its right to withhold payment only in the case of a claim resulting from the same purchase contract.|
8. Retention of ownership
|(1)||Ordered merchandise will remain the property of the provider until payment is received in full.|
|(2)||To entrepreneurs the seller reserves the right of ownership of the delivered goods until full settlement of all claims arising from an ongoing business relationship. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns in advance to the seller all claims against third parties arising from this in the amount of the respective invoice value (including sales tax). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims after the assignment. The seller’s authorization to collect the claims himself remains unaffected by this. However, the seller will not collect the claims as long as the customer fulfils his payment obligations to the seller, does not fall into arrears and no application for the opening of insolvency proceedings has been made.|
|(1)||Unless otherwise agreed, goods shall be delivered by way of dispatch to the delivery address specified by the customer. The shipping area is shown in the online shop.|
|(2)||Information in the online shop about delivery times is understood as expected delivery times. The delivery time within Germany is approx. three to five working days, EU-dispatch approx. three to seven working days, in each case from receipt of payment, unless otherwise stated in the online shop.|
|(3)||The provider delivers ordered goods either himself or by commissioning third parties to the delivery address given by the customer. If the delivery of ordered goods should fail due to fault of the customer despite three attempts at delivery, the provider can withdraw from the contract. Any payments made will be refunded to the customer immediately.|
|(4)||The provider shall notify the customer immediately by email of any goods not in stock and any resulting delays in delivery. In such cases, the provider is entitled to make partial deliveries, if reasonable for the customer. Any additional shipping costs incurred as a result of this shall be borne by the provider. Legal rights of the customer remain unaffected.|
|(5)||If the provider is unable to deliver the ordered goods through no fault of his own, because the sub-supplier has not fulfilled his contractual obligations, or if the goods ordered by the customer are not available for a period of at least one month due to force majeure, the provider can withdraw from the purchase contract. The provider will inform the customer immediately in case of corresponding delivery difficulties. In the event of a withdrawal by the provider, the provider will immediately reimburse the customer for any payments already made. Further legal claims of the customer remain unaffected.|
|(6)||If the transport company sends the shipped goods back to the seller because it was not possible to deliver them to the customer, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had notified him of the service for a reasonable period of time in advance.|
|(7)||If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the goods have been handed over to the customer or a person entitled to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment, if the customer has instructed the freight forwarder, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.|
10. Warranty, guarantees and customer service
|(1)||The statutory warranty regulations apply. If the customer or a third party commissioned by him has attempted to remedy the defect himself, but has thereby increased the size of the defect or caused further defects, liability for the defect is excluded in this respect.|
|(2)||Any additional warranties granted by the provider do not affect the customer’s statutory warranty claims.|
|(3)||In the case of contracts with entrepreneurs, an insignificant defect does in general not give rise to any claims for defects. In the case of contracts with entrepreneurs, the provider is entitled to choose the type of supplementary performance. If the customer acts as a entrepreneur within the meaning of Sec. 1 of the German Commercial Code, he is subject to the commercial duty to examine and give notice of defects in accordance with Sec. 377 of the German Commercial Code. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved. In the case of contracts with entrepreneurs, the limitation period for defects for new goods is one year from the transfer of risk.|
|(4)||The provider’s customer service can be contacted at the following address:
Dr. Thomas Bohne e.K.
|(1)||The provider is liable under the law unless liability is excluded under the following clauses.|
|(2)||The provider shall not be liable for breach of contract due to minor negligence, provided the breach does not result in injury to life, limb or health or does not affect warranties or claims under the German Product Liability Act (Produkthaftungsgesetz). This does not apply to liability for failure to meet contractual obligations without which fulfillment of the contract would be impossible and compliance with which the customer may reasonably expect.|
|(3)||The terms of this Section 11 also apply to breach of contract by vicarious agents of the provider.|
12. Final provisions
|(1)||German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer residing in the European Union, the law of the country in which the customer is domiciled may also apply if mandatory provisions of consumer protection law apply. Furthermore, the choice of law according to this section 12 (1) does not apply with regard to the statutory right of withdrawal for consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address is outside the European Union at the time of conclusion of the contract.|
|(2)||Should individual clauses of these T&Cs be or become legally invalid, this shall not affect the validity of the remaining clauses.|
|(3)||If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of the provider; however, the provider reserves the right to sue at the customer’s registered office.|
Note regarding the EU Platform for Dispute Resolution (OS Platform)
The European Commission’s platform for out-of-court online dispute resolution (so-called OS platform) is located at http://ec.europa.eu/consumers/odr/.
Note regarding the Consumer Dispute Settlement Act (Verbraucherstreitbeilegungsgesetz)
The provider is neither prepared nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
Note regarding the German Battery Act (Batteriegesetz)
|(1)||The chemical components of batteries may be hazardous to the environment and health if not properly stored and disposed of. To avoid damaging effects on health and the environment, used batteries must be collected and recycled separately from household waste. Do not throw batteries in the waste basket along with other household waste.|
|(2)||As a consumer, you are legally required to return or properly dispose of all used batteries (rechargeable and non-rechargeable). You can drop off your used batteries at a public collection station or retailer in your area free of charge. Please note that retailers will only accept used batteries in typical consumer quantities. Also, only batteries of a type that is normally carried by the retailer as part of its inventory will be accepted.
|(3)||This symbol means that the battery may not be disposed of with the household waste due to its hazardous chemical content. Additional symbols with the following meanings may also appear on the battery: