GENERAL TERMS AND CONDITIONS

 

1. Scope

"The following terms and conditions apply to all orders placed through our online shop."

 

2. Contracting Parties, Conclusion of Contract

The purchase contract is concluded with Medizintechnik Hartwig GmbH.

By adding the products to the online shop, we make a binding offer for the conclusion of a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded by clicking the order button to accept the offer for the goods contained in the shopping cart. Immediately after submitting the order, you will receive a confirmation by email.

 

3. Language of the contract, storage of the contract text

The language available for the conclusion of the contract is German.

"We store the contract text and will send you the order details and our terms and conditions by email. For security reasons, the contract text is no longer accessible via the internet."

 

4. Delivery Conditions

In addition to the stated product prices, shipping costs will be added. You can find out more about the amount of shipping costs in the offers.

 

 

5. Payment

In our shop, the following payment methods are generally available to you:

Prepayment
'When selecting the payment method prepayment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.'

PayPal, PayPal Express 
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data, and confirm the payment instruction to us. After placing the order in the shop, we will request PayPal to initiate the payment transaction. 
The payment transaction will be automatically processed by PayPal after the goods have been dispatched. Further information will be provided during the ordering process. 

Amazon Pay
During the ordering process, you will be redirected to the website of the online provider Amazon before completing the order process in our online shop. In order to process the order and pay the invoice amount through Amazon, you must be registered there or register first and authenticate with your access data. There, you can select the delivery address and payment method stored with Amazon, confirm the use of your data by Amazon, and authorize the payment to us. Afterwards, you will be redirected back to our online shop, where you can complete the ordering process. 
Immediately after dispatching the goods, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. Further information will be provided during the ordering process. 

 

6. Retention of Title

The goods remain our property until full payment is made.

 

7. Transport damage

"If goods are delivered with obvious transport damage, please report such defects as soon as possible to the carrier and contact us immediately. The failure to make a complaint or to get in touch has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance."

 

8. Warranty and Guarantees

"Unless expressly agreed otherwise below, the statutory liability for defects applies."
The limitation period for claims for defects for used goods is one year from the delivery of the goods.
The above restrictions and deadlines do not apply to claims for damages caused by us, our legal representatives, or vicarious agents.

• in case of injury to life, body, or health,
• in the case of intentional or grossly negligent breach of duty as well as deceit,
• in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the contracting party may regularly rely (cardinal obligations)
• as part of a warranty promise, as agreed or
• as far as the scope of the Product Liability Act is opened.

Information on any additional warranties that may apply and their exact conditions can be found with each product and on special information pages in the online shop.

 

9. Liability

"We are always fully liable for claims arising from damages caused by us, our legal representatives, or vicarious agents."

• in case of injury to life, body, or health,
• in cases of intentional or grossly negligent breach of duty,
• in the case of warranty promises, as agreed, or
• as far as the scope of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner can regularly rely (cardinal obligations), through slight negligence on our part, our legal representatives, or vicarious agents, liability is limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Furthermore, claims for damages are excluded.

 

10. Dispute resolution
'The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/.' 
"We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board."

 

11. Affiliate Program

Medical Technology Hartwig GmbH Affiliate Program Terms of Use
By registering as a partner in the Medizintechnik Hartwig GmbH partner program, you agree to the following General Terms and Conditions ("Terms of Use").
Medizintechnik Hartwig GmbH reserves the right to update and change the General Terms and Conditions from time to time without prior notice. All new features that complement or enhance the current program, including the release of new tools and resources, are subject to the General Terms and Conditions. Continued use of the program after such changes is considered your acceptance of these changes.
"A violation of any of the following conditions will result in the termination of your account and the forfeiture of all outstanding commission payments earned during the violation. You agree to use the partner program at your own risk."

Account terms and conditions

-You must be 18 years or older to participate in this program.
-You must live in the European Union to be an affiliate.
-You must be a human. Accounts registered by "bots" or other automated methods are not allowed.
-You must provide your full name, a valid email address, and any other information you need to complete the registration process.
-Your login may only be used by one person – a single login shared by multiple people is not allowed.
-You are responsible for maintaining the security of your account and your password. Medizintechnik Hartwig GmbH cannot and will not be held liable for any losses or damages resulting from your failure to comply with this security obligation.
-You are responsible for all posted content and activities that occur under your account.
- A natural or legal person may not maintain more than one account.
-You may not use the partner program for illegal or unauthorized purposes. You may not violate any laws in your jurisdiction (including, but not limited to, copyright laws) when using the service.
-You may not use the partner program to earn money on your own Medizintechnik Hartwig GmbH product accounts.

Links/graphics on your website, in your emails, or other communications

In order to enable accurate tracking, reporting, and fee allocation, we provide you with special link formats that must be used in all links between your website and Medizintechnik Hartwig GmbH. You must ensure that each of the connections between your website and Medizintechnik Hartwig GmbH properly uses these special link formats. Links to Medizintechnik Hartwig GmbH that are placed on your website in accordance with this agreement and that properly use such special link formats will be referred to as "special links." You will receive referral fees only for sales of a Medizintechnik Hartwig GmbH product that occur directly through special links; we are not liable to you for any failure on your part or by any person you instruct to use special links or to incorrectly enter your partner code, including to the extent that such failure may result in a reduction of the amounts that would otherwise be payable to you under this agreement.
Affiliate links should refer to the page of the advertised product.

Brokerage fees/commissions and payments

In order for a product sale to qualify for a referral commission, the customer must click on a special link from your website, an email, or another communication to https://www.medhartwig.de and complete an order for a product during that session.
"We only pay commissions for links that are automatically tracked and reported by our systems. We do not pay commissions if someone claims to have made a purchase or if someone claims to have entered a referral code, unless it has been tracked by our system. We can only pay commissions for transactions that were generated through properly formatted special links that were automatically tracked by our systems."
"We reserve the right to disqualify commissions earned through fraudulent, illegal, or excessively aggressive, questionable sales or marketing methods."

Identify as a Medizintechnik Hartwig GmbH partner

"You may not issue any press release regarding this agreement or your participation in the program; such action may lead to termination of the program. Furthermore, you may not misrepresent or embellish the relationship between us and you in any way."