Scope of application

These terms and conditions apply to all purchases made by customers at PRPMed see imprint. 

Conclusion of contract 

The presentation of our goods and the granting of the possibility to order represents a concrete offer on our part to conclude a sales contract. 

Through your order you accept the offer and the purchase contract is concluded.

You will receive an order confirmation by e-mail to the e-mail address you provided. 

Prices and shipping costs

The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can find out about the details under ["Shipping costs"]. We shall bear the regular costs of the return shipment incurred in the event of a return of the goods by you exercising your right of revocation ["Right of Revocation"]. If you exercise your right of withdrawal, we will also refund the shipping costs.

Payment

Payment shall be made upon delivery by means of 

 - prepayment 

 - PayPal 

Default of payment

If you are in default of payment, PRPMed is entitled to claim default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If PRPMed has demonstrably incurred a higher damage caused by delay, PRPMed is entitled to claim this damage.

Right of retention

The customer is authorized to exercise a right of retention only insofar as his counterclaim is based on the same contractual relationship.

Delivery

(1) The delivery takes place to the delivery address indicated by the customer, within 

 - Germany 

 - Europe 

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, an obligation to perform of PRPMed is excluded. Already paid amounts will be refunded by PRPMed immediately.

(3) PRPMed can also refuse the service, as far as this requires an effort, which is grossly disproportionate to the interest of the customer in the fulfillment of the sales contract, considering the content of the sales contract and the dictates of good faith. Already paid amounts are refunded by PRPMed immediately.

(4) Bulky goods (parcels with a volume larger than 1 sqm) are usually delivered by forwarding agency. PRPMed explicitly points out that these goods are not carried into the house. 

Favorable shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged by an opening for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method. 

Retention of title

Up to the complete settlement of all claims existing against the customer from the sales contract the supplied commodity remains in the property of PRPMed. As long as this retention of title exists, the customer may neither resell the commodity nor dispose of the commodity; in particular the customer may not grant third contractually any use at the commodity. 

Defect rights

(1) A product which is already defective at delivery (warranty case) will be replaced by a defect-free one or repaired professionally (supplementary performance) at the customer's option and at PRPMed's expense. The customer is informed that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:

a) in the case of damage caused to the customer by misuse or improper use,

b) in case of damages, which were caused by the fact that the products were exposed to harmful external influences at the customer (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) PRPMed furthermore does not warrant for a failure caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which is grossly disproportionate to the customer's interest in performance considering the price of the product, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the importance of the defect and the question whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer - the customer's claim is limited to the respective other type of supplementary performance. The right of PRPMed to refuse also this other kind of the subsequent performance under the aforementioned condition remains untouched. 

(4) In case of repair as well as in case of replacement the customer is obliged to send the product at the expense of PRPMed under indication of the order number to the return address indicated by PRPMed. Before sending the product, the customer must remove any objects inserted by him/her from the product. PRPMed is not obligated to inspect the product for the insertion of such items. PRPMed shall not be liable for the loss of such items unless it was readily apparent to PRPMed at the time the Product was returned that such an item had been inserted into the Product (in which case PRPMed shall inform the Customer and hold the item ready for collection by the Customer; the Customer shall bear the costs incurred in doing so). In addition, before sending a product for repair or replacement, the customer shall, if necessary, make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords. 

(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty,

a) if the defect entitling to the resignation has shown up only during the processing or transformation,

b) if PRPMed is responsible for the deterioration or the destruction or the damage would have occurred also with PRPMed,

c) if the deterioration or the loss has occurred at the customer, although he has observed that care, which he is used to apply in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time. 

(8) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which shall be governed by the relevant warranty conditions. 

(9) The legal warranty of PRPMed ends two years after delivery of the goods. The period begins with the receipt of the goods. 

Liability

(1) In case of slight negligence PRPMed is liable only in case of violation of essential contractual obligations and limited to the foreseeable damage. This limitation is not valid in case of injury of life, body and health. PRPMed is not liable for other damages caused by slight negligence due to a defect of the object of purchase.

(2) Independent of a fault of PRPMed a liability of PRPMed in case of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee of the manufacturer and does not represent an assumption of a guarantee by PRPMed.

(3) PRPMed is also responsible for the impossibility of delivery occurring during its delay by chance, unless the damage would have occurred also in case of timely delivery.

(4) Excluded is the personal liability of the legal representatives, vicarious agents and employees of PRPMed for damages caused by them by slight negligence. 

(5) Please note: An intermediate change of product specifications, prices, delivery time and costs is possible. Therefore, all information in this regard is given without guarantee.

Applicable law

The contract concluded between you and PRPMed is exclusively subject to the law of the Federal Republic of Germany under explicit exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.

Place of jurisdiction

If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [the registered office of the operator of the online store]. 

Dispute resolution

We participate in alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act). The competent dispute resolution body is the:

- Universalschlichtungsstelle des Zentrums für Schlichtung e.V. (Universal Arbitration Board of the Centre for Arbitration).

- https://www.verbraucher-schlichter.de/

The European Commission also provides a platform for online dispute resolution (OS), which can be found at this address: http://ec.europa.eu/consumers/odr/. 

Final Provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contracting party is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.

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