Contract Terms within Purchase Agreements on Platform http://iabnetz.de
Dr. F. Adib Saberi
IAB – Interdisziplinäer Arbeitskreis Bewegungsstörungen e.K. (Interdisciplinary Working Group
for Movement Disorders)
referred to hereafter as ‚Provider‘
the users of this Platform, referred to in Point 2 of these General Terms hereafter as ‘Customer’.
(1) The following general terms and Conditions between the Provider and the Customer solely apply to the current version of the order. Deviating conditions of the Customer will not be accepted, unless the Provider has approved their validity by explicit written agreement.
(2) Restrictions regarding the sales of digital products apply to the production description especially the licensing arrangement of digital products.
In case of doubt only the private and commercial use without the right of resale or sublicensing is allowed.
(1) The Customer can select products out of the product range of the Provider and collect them in the so-called shopping basket by pressing the button ‘Shopping Cart’ but. By pressing the button ‘buy now’ the Customer makes a binding request to obtain the purchase contained in the shopping basket. The customer may at any time alter and view the data before the purchase order is sent.
(2) As a result the Provider will send an Email to the Customer to confirm the order with the list of the products of the Customer, which can be printed out. The order of the Customer (1) shows the offer to conclude a contract with the respective contents of the Shopping Cart. The acknowledgement of receipt (order confirmation) shows the receipt of the offer by the provider. This is a summary of the contents of the order. With this Email or in a separate Email, however latest with the delivery of the goods, the Customer will receive the contract text (comprising of order, general terms and conditions and confirmation of order) on a permanent data carrier (Email of Paper printout). The contract text will be stored in compliance with the Data Protection Laws.
(3) The conclusion of contract is provided in: German.
(1)Indicated delivery dates start upon receipt of the order confirmation (Pt. 2 (2) of the general terms), subject to prior payment of the purchase price.
(2)Should the specific product ordered by the Customer temporarily be unavailable, the Provider will inform the customer immediately. If delivery will be delayed by more than two weeks, the Customer has the right to withdraw from the contract. In this case the Provider can also withdraw from the contract. The Provider will refund the Customer any payments already made immediately.
(3) The following delivery restrictions are imposed: The Provider delivers only to Customers, who have the habitual place of residence (invoice address) in Germany. Customers of other countries and a delivery address there also can contact us directly.
(4) The Customer can make the payment by credit transfer, PAYPAL or direct debit.
(5) Payment of the purchase price is due immediately after conclusion of the contract. If a time for payment has been specified by reference to the calendar, the customer will enter into default for non-compliance with this date.
The delivered products remain the property of the Provider until full payment of the sales price.
(1) All prices, which are quoted on the Website of the Provider, include statutory sales tax.
(2) The corresponding transport costs will be quoted to the Customer on the order form and have to be paid by the Customer, as long as the Customer has not made use of the right of revocation.
(3) In case of revocation the Customer has to bear the direct costs of returning the products.
The Provider is liable for material defects with the respectively applicable statutory provision, particularly with regard to §§ 434 ff, BGB. The warranty period for the products delivered to business entity is 12 months.
(1) Damages Claims of Customers are excluded. Exceptions are claims of damages arising from injury to life, body and health or the breach of major obligations (cardinal) as well as the liability to other damages, which are based on intentional or grossly negligent violation of obligations of the Provider, their legal representative or subcontractors. Essential contractual obligations are those duties, the fulfilment of which is indispensable for the aim of the contract.
(2) The provider is only liable in case of breach of major obligations for foreseeable damage typical for a contract, if caused by gross negligence unless it concerns damage claims of the Customer due to a violation of life, body and health.
(3) The same limitations also apply for the benefit of the legal representative or subcontractors of the Provider, where claims are made directly against them.
(4) The regulations of product safety remain unaffected.
(1) The Provider collects data of the Customer within the framework of contracts. The Provider complies in particular with the regulations of the Federal Data Protection Act and the Teleservices Act. Without the consent of the Customer the Provider will only collect, process and use the inventory usage data, as far as the execution of contracts and for the usage and invoicing of telemedia is necessary.
(2) Without the consent of the Customer the Provider will not use the data of the Customer for the purposes of advertising, market or opinion research.
(1) Contracts between the Provider and the Customer are governed by the laws of the Federal Republic of Germany with the exclusion of the UN Purchasing Law as well as the Private International Law.
(2) Provided the Customer is a business person, public legal entity or a public estate the place of jurisdiction for all legal disputes regarding contractual relations between Customer and Provider is the location of the Provider.
(3) The contract remains binding also in the event of legal ineffectiveness of individual points. The ineffective points, should they exist, will be replaced by legal regulations. Should this be an unreasonable hardship for one of the contracting parties, the contract would be ineffective in its whole content.
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie unter http://ec.europa.eu/consumers/odr/ finden. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.