Terms and Conditions (Buying)
Terms and Conditions - Buy
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded between us via our online shop,
Zahnimarkt Trading GmbH, Authorized Managing Director Dr. Justus Lohaus and Niels Fock, Kesslerweg 10, 48155 Münster ( info@zahnimarkt.com ),
and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract arise in particular from these terms and conditions of sale, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.
(4) We do not accept any deviating terms and conditions from the customer. This also applies if we do not expressly object to their inclusion.
(1) The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking on the button "order with payment" you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your possible right to cancel your order remains unaffected.
(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order unless it also declares acceptance in addition to confirmation of receipt.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.
(5) We can only accept orders for deliveries abroad if the order value is above a certain minimum. The minimum order value can be found in the price information provided in our online shop.
(6) If the delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will refrain from accepting the order. In this case, no contract will be concluded. We will inform you of this immediately and will immediately refund any consideration already received.
(1) We are entitled to make partial deliveries as long as this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins – subject to the provisions in paragraph 3 – upon conclusion of the contract.
(3) For orders from customers whose place of residence or business is abroad or if there are reasonable indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (reservation of advance payment). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins upon payment of the purchase price and shipping costs.
(1) All prices stated in our online shop are gross prices including statutory sales tax and are exclusive of any applicable shipping costs.
(2) The shipping costs are stated in our price information in our online shop. The price including sales tax and applicable shipping costs is also displayed in the order form before you submit the order.
(3) If we fulfill your order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration, you can, under the statutory conditions, demand reimbursement of costs already paid for delivery to you (shipping costs).
(1) In the case of an installment delivery contract, we deliver the items owed in installments and thus owe several deliveries. The subject of such an installment delivery contract is the obligation to repeatedly purchase and obtain items.
(2) The subscription purchase agreement is valid for an indefinite period and can be paused or terminated by you at any time. These provisions are based on Section 309 No. 9 of the German Civil Code (BGB).
(3) The remaining provisions of these Terms and Conditions remain unaffected. The provisions on revocation also apply.
(1) The purchase price and shipping costs are to be paid via the payment system used on the website.
(2) You can pay the purchase price and shipping costs via PayPal, credit card or instant bank transfer.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints about defects or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
The delivered goods remain our property until the purchase price has been paid in full.
(1) We are liable for material or legal defects in delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is one year and begins with the delivery of the goods. This expressly does not apply to claims for damages for damages resulting from injury to life, body or health. The statutory limitation rules apply here.
(2) Any seller guarantees given by us for specific items or manufacturer guarantees granted by the manufacturers of specific items shall be in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases, unless otherwise provided in paragraph 3, we shall only be liable for breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and shall be limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
We own the copyright to all images, films and texts published in our online shop. The use of images, films and texts is not permitted without our express consent.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and are domiciled in Germany at the time of ordering, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
