| (1) | These General Terms and Conditions and Customer Information (hereinafter: “GTC”) of
Dr. Thomas Bohne e.K. (hereinafter: “Provider”) are the contractual partners for all orders in the online shop at https://www.gos-implant.com (hereinafter: “Online Shop”). The customer has the option of viewing, printing, and saving the General Terms and Conditions in a reproducible format during the ordering process. The currently valid version of the General Terms and Conditions can also be accessed at https://www.gos-implant.com. |
| (2) | A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. |
| (3) | By placing an order, the customer agrees to the Terms and Conditions valid at the time of placing an order in the online shop. Any terms and conditions of the customer that contradict these Terms and Conditions shall not become part of the contract. The contract text is saved by the provider but, for security reasons, can no longer be accessed by the customer after the order process has been completed. However, the customer is free to print out the relevant website during the order process using the print function of their browser. Registered customers with a user account can also view, change, and save personal data such as contact details within their user account, as well as check the status of orders. |
| (4) | The contract language is German. |
| (1) | The provider’s product range in the online shop is aimed exclusively at persons with full legal capacity and legal entities. Persons with limited or no legal capacity are only authorized to use the offered product range with the cooperation and consent of their legal representative. |
| (2) | Images in the online shop are for product presentation purposes only and do not constitute a legally binding offer from the provider. |
| (1) | The ordering process is initiated when the customer places the products presented in the online shop into the virtual “shopping cart” and then proceeds to the virtual “checkout.” By clicking the “Buy” button during the ordering process, the customer completes their order and submits a legally binding offer to the provider to conclude a purchase contract for the products in the shopping cart. The customer can change entered data at any time up until the completion of the order process using the control and correction functions integrated into the order process. |
| (2) | Receipt of the customer’s order will be confirmed to the customer immediately (hereinafter: “order confirmation”). The order confirmation as such does not constitute a legally binding declaration of acceptance by the provider, but merely informs the customer that the order has been properly transmitted to the provider. |
| (3) | The acceptance of an order and thus the conclusion of a contract takes place through a separate declaration of acceptance by the provider. The provider may declare acceptance of the contract by (i) sending a separate order confirmation by email, (ii) delivering the goods (the customer will be informed of shipment by email delivery confirmation), or (iii) by requesting payment from the provider after the customer has placed the order. If several of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first. The provider has a deadline of three working days after receipt of the order for acceptance of a contractual offer from the customer. |
(1)
Consumers have the following right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
To exercise your right of withdrawal, you must notify us, Dr. Thomas Bohne e.K., Göttinger OP-Simulationssysteme, Robert-Bosch-Straße 11, 37154 Northeim, Telephone: (+49) (0) 55 51 / 99676-0, Fax: (+49) (0) 55 51 / 99676-20, Email: info@gos-implant.com, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us, Dr. Thomas Bohne e.K., Göttinger OP-Simulationssysteme, Robert-Bosch-Straße 11, 37154 Northeim, promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties, and functioning.
(2)
The right of withdrawal does not apply to the following contracts:
(3)
Reproduction of the statutory model withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
To:
Dr. Thomas Bohne e.K.
Göttingen Surgical Simulation Systems
Robert-Bosch-Straße 11
37154 Northeim
Fax: (+49) (0) 55 51 / 99676-20
Email: info@gos-implant.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate.
(*) Delete as applicable.
(4)
The Provider makes the following non-binding recommendations for handling goods during the withdrawal period and for returning goods in the event of a withdrawal. The Provider expressly points out that these are purely recommendations and do not constitute a prerequisite for the effective exercise of the statutory right of withdrawal:
The Customer is requested to avoid damage to or contamination of the goods during the withdrawal period and, if possible, to return the goods to the Provider in their original packaging with all accessories and packaging components. If the original packaging is no longer available, suitable packaging is requested to avoid transport damage.
| (1) | All prices include statutory VAT and exclude any shipping costs and other costs incurred by the selected payment method. For goods ordered via the online shop, the prices on the day of the order apply. The prices are explicitly stated during the ordering process. The customer will also be informed about the shipping costs and any costs incurred by the selected payment method during the ordering process. |
| (2) | The provider accepts payment via PayPal Plus. This generally enables various payment methods via PayPal services. The requirements for using individual payment methods are governed by the terms and conditions of the PayPal services. When paying via PayPal Plus, the customer is redirected to the website of the online provider PayPal. There, the customer can enter their payment details, review the use of their data by PayPal, and confirm the payment order to PayPal. Further information will be provided during the ordering process. |
| (3) | If the customer chooses PayPal as their payment method, they must be registered with PayPal or register first and verify their identity with their access data in order to pay the invoice amount. The payment transaction is processed automatically by PayPal immediately after confirmation of the payment order. |
| (4) | If the customer chooses credit card payment, the customer does not need to be registered with PayPal to pay the invoice amount. The payment transaction will be processed immediately after confirmation of the payment order and after the customer has been identified as the legitimate cardholder by the customer’s credit card company upon request from PayPal, and the customer’s card will be charged. |
| (5) | If the customer chooses direct debit payment, the customer does not need to be registered with PayPal to pay the invoice amount. By confirming the payment order, the customer grants PayPal a direct debit mandate. PayPal will inform the customer of the date the account will be debited. By submitting the direct debit mandate immediately after confirming the payment order, PayPal will request its bank to initiate the payment transaction. The payment transaction is processed and the customer’s account is debited. |
| (6) | If the customer chooses the invoice payment method, the customer does not need to be registered with PayPal to pay the invoice amount. After a successful address and credit check and the order has been placed, the provider assigns its 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. |
| (7) | For payment processing via PayPal, the PayPal Terms and Conditions and Privacy Policy apply – in addition to these Terms and Conditions. Further information and PayPal’s complete terms and conditions for invoice payments can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE |
| (1) | Amounts invoiced by the Provider to the Customer are generally due immediately upon conclusion of the contract and are payable without deduction, subject to deviating provisions of this Section 6. |
| (2) | For payments via PayPal, the PayPal Terms of Use of PayPal (Europe) S.à.r.l. & apply. Cie, S.C.A., 22-24 Boulevard Royal, L-2449, Luxembourg. The applicable terms of use, which PayPal users must agree to in their relationship with PayPal (Europe) S.à.r.l. & Cie, S.C.A., are available in German at www.paypal.com. For information on the payment methods offered in the online shop via PayPal Plus, see Section 5 of these Terms and Conditions. Shipping will occur after payment confirmation by PayPal. |
| (1) | The customer is only entitled to offset claims if the counterclaim with which he wishes to offset concerns consideration claims from the same contract, is recognized by the provider, or is undisputed. |
| (2) | The customer may only assert rights of retention if the counterclaim is based on the same purchase contract. |
| (1) | Ordered goods remain the property of the provider until full payment has been made. |
| (2) | With respect to entrepreneurs, the seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer fulfills its payment obligations to the seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed. |
| (1) | Ordered goods remain the property of the provider until full payment has been made. |
| (2) | With respect to entrepreneurs, the seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer fulfills its payment obligations to the seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed. |
| (1) | The statutory warranty regulations apply. If the customer or a third party commissioned by them has attempted to remedy the defect themselves, but thereby aggravated the defect or caused further defects, liability for defects is excluded to that extent. |
| (2) | Any additional guarantees provided by the provider shall not affect the customer’s statutory warranty claims. |
| (3) | In contracts with entrepreneurs, an insignificant defect does not generally give rise to claims for defects. In contracts with entrepreneurs, the provider is entitled to choose the type of subsequent performance. If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved. For contracts with entrepreneurs, the limitation period for defects in new goods is one year from the transfer of risk. |
| (4) | The provider’s customer service can be reached using the following contact details:
Dr. Thomas Bohne e.K. |
| (1) | The provider is liable in accordance with the statutory provisions, unless liability is excluded under the following provisions. |
| (2) | The provider excludes liability for slightly negligent breaches of duty, unless damages resulting from injury to life, body, or health or guarantees are affected, or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations remains unaffected, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the customer may regularly rely. |
| (3) | The provisions of this Section 11 also apply to breaches of duty by the provider’s vicarious agents. |
| (1) | The provider is liable in accordance with the statutory provisions, unless liability is excluded under the following provisions. |
| (2) | The provider excludes liability for slightly negligent breaches of duty, unless damages resulting from injury to life, body, or health or guarantees are affected, or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations remains unaffected, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the customer may regularly rely. |
| (3) | The provisions of this Section 11 also apply to breaches of duty by the provider’s vicarious agents. |
The EU Commission’s platform for out-of-court online dispute resolution (so-called ODR platform) can be found at http://ec.europa.eu/consumers/odr/
The provider is generally neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
| (1) | The chemical ingredients of batteries can harm the environment and health if not stored and disposed of properly. Only through separate collection and recycling from other household waste can harmful effects on health and the environment be avoided. Batteries must therefore not be disposed of with normal household waste. |
| (2) | As an end user, you are legally obliged to return used batteries (rechargeable and non-rechargeable) or dispose of them properly. You can dispose of your used batteries free of charge at public collection points in your community or at retail outlets. Disposal at retail outlets is limited to quantities customary for end-user disposal, as well as those used batteries that the retailer has or has had in its product range as new batteries.
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| (3) | This symbol means that batteries must not be disposed of with household waste due to their pollutant content. Below this symbol, you will also find the following symbols with the following meanings:
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