General Terms & Conditions

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter "GTC") of MICROQORE MEDICAL GmbH (hereinafter "Seller") apply to all contracts for the supply of goods and the provision of services concluded by a Customer with the Seller. They also apply to all future business relationships without the need for renewed incorporation.

(2) These GTC apply exclusively. Deviating, conflicting or supplementary conditions of the Customer shall not become part of the contract unless the Seller expressly agrees to their validity in writing.

§ 2 Offers, Orders and Conclusion of Contract

(1) The Seller's offers are subject to change and non-binding. The presentation of products on the website or in catalogs does not constitute a binding offer, but an invitation to submit an order.

(2) By placing an order, the Customer makes a binding offer. The Seller may accept this offer within four weeks by means of an order confirmation or by carrying out the delivery.

(3) Orders placed by telephone are carried out at the Customer's risk. Advice and technical information are provided to the best of our knowledge, but on a non-binding basis and excluding liability where legally permissible.

§ 3 Documents Provided

(1) The Seller reserves ownership and copyright to all offers, drawings, samples, calculations and other documents provided to the Customer.

(2) These documents may not be reproduced or made accessible to third parties without the Seller's prior written consent and must be returned upon request.

§ 4 Prices and Payment

(1) All prices are ex works, net plus statutory VAT and packaging and shipping costs, unless otherwise stated.

(2) Unless otherwise agreed, the invoice amount is due within 14 days of the invoice date without deduction by bank transfer. No cash discount (Skonto) is agreed.

(3) If the Customer defaults on payment, the Seller is entitled to charge default interest at the statutory rate. The assertion of further damages caused by default remains reserved.

§ 5 Set-off and Right of Retention

The Customer is only entitled to set-off or retention rights insofar as their counterclaims have been legally established, are undisputed or have been recognized by the Seller. The Customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.

§ 6 Scope of Delivery, Partial Deliveries and Technical Changes

(1) The Seller's order confirmation is decisive for the scope of delivery.

(2) Partial deliveries are permissible insofar as they are reasonable for the Customer. Customary excess or short deliveries of up to 10% of the ordered quantity remain reserved.

(3) Design and form changes as well as technical improvements remain reserved, provided that the delivery item is not significantly changed and the changes are reasonable for the Customer.

§ 7 Delivery Time

(1) Stated delivery times are approximate unless expressly designated as binding. The delivery period begins with the dispatch of the order confirmation, but not before the documents and approvals to be provided by the Customer have been supplied.

(2) Events of force majeure and unforeseen operational disruptions for which the Seller is not responsible extend the delivery period appropriately. The delivery period is deemed to have been met if the delivery item has left the works by its expiry or readiness for dispatch has been notified.

§ 8 Cancellation and Custom-Made Products

(1) If the Customer withdraws from a placed order without justified reason, the Seller may – without prejudice to the possibility of claiming higher actual damages – demand 20% of the order value as flat-rate compensation. The Customer is entitled to prove that no damage or only lesser damage has occurred.

(2) Custom-made products and goods manufactured to Customer specifications are excluded from withdrawal and cancellation.

§ 9 Transfer of Risk

(1) If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the Customer upon handover to the forwarding agent or carrier, but no later than upon leaving the works.

(2) If the Customer is a consumer, the risk passes to them only upon handover of the goods.

§ 10 Retention of Title

(1) The delivered goods remain the property of the Seller until full payment of all claims arising from the business relationship.

(2) The Customer is obligated to handle the reserved goods with care, to insure them adequately and to notify the Seller immediately of any access by third parties (e.g. seizures).

(3) If the Customer resells the reserved goods, they hereby assign to the Seller the resulting claims against their customers in the amount of the invoice value.

§ 11 Warranty and Defect Notification

(1) Statutory rights in respect of defects apply unless otherwise stipulated below.

(2) If the Customer is an entrepreneur, they must report obvious defects in writing without delay, at the latest within five business days of receipt of the goods, and hidden defects immediately upon discovery (§ 377 German Commercial Code). Otherwise the goods are deemed approved.

(3) In the case of a justified defect notification, the Seller will, at its discretion, provide repair or replacement delivery. For entrepreneurs, claims for defects become time-barred twelve months after delivery; for consumers, the statutory limitation periods apply.

§ 12 Liability

(1) The Seller is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

(2) In the case of slight negligence, the Seller is only liable for breach of an essential contractual obligation (cardinal obligation) and limited in amount to the typical, foreseeable damage.

(3) Any further liability, in particular for loss of profit, indirect damages or consequential damages, is excluded where legally permissible. Liability under the Product Liability Act remains unaffected.

§ 13 Data Protection

Information on the collection and processing of personal data can be found in our Privacy Policy.

§ 14 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Radolfzell am Bodensee, Germany. The Seller is also entitled to bring an action at the Customer's general place of jurisdiction.

(3) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.