General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you enter into with us as a supplier (prpmed Funkner e.K.) via the website prpmed.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods .

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system.

The goods intended for purchase are placed in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time. After clicking the button "Checkout" or "Continue to order" (or similar designation) and entering the personal data and the payment and shipping terms, the order data is finally displayed as an order overview.

Before sending the order, you have the possibility to check the information in the order overview again, to change it (also via the function "back" of the Internet browser) or to cancel the order.

By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay" or similar designation) you submit a binding offer to us.

You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).

If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you may accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Conclusion of the contract for courses

(1) The subject of the contract is the implementation of courses.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can submit a binding offer (order) via the online shopping cart system.

The courses intended for booking are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After clicking the "Checkout" or "Continue to order" button (or similar designation) and entering the personal data and the payment terms, the order data will finally be displayed as an order overview.

Before sending the order, you have the possibility to check all information again, to change it (also via the function "back" of the internet browser) or to cancel the order.

By sending the order via the corresponding button, you submit a binding offer to us.

You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. by e-mail), in which the booking is confirmed to you (booking confirmation). If you have not received a corresponding message, you are no longer bound to your booking. In this case, any services already provided will be refunded immediately.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 4 Service provision for courses

(1) The implementation of the courses in the form described in the respective offers takes place on the agreed dates.

(2) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants results from the respective offer.

If the minimum number of participants is not reached, we will inform you in text form (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already provided will be refunded immediately.

(3) In case of cancellation of an individual event due to short-term absence of the course instructor due to illness or for any other important reason, the services already rendered will be refunded immediately.

In the case of events consisting of several event dates, if a date is cancelled due to short-term absence of the course instructor due to illness or other important reason, the cancelled date will be made up on a replacement date.

(4) In connection with the use of course rooms and objects, you must comply with the house rules displayed locally. You must comply with our instructions or the instructions of the course instructor.

§ 5 Substitute participant

You can name a substitute participant at any time before the start of the course. You will not incur any costs for this rebooking.

§ 6 Special agreements on payment methods offered

(1) Payment via "PayPal" / "PayPal Checkout"

If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).

(2) Payment via "Mollie

If you select a payment method offered via "Mollie", the payment will be processed via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, The Netherlands; "Mollie").

The individual payment methods via "Mollie" are displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. Mollie" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about "Mollie" at https://www.mollie.com/de (https://www.mollie.com/de).

§ 7 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following shall apply in addition:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale, we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right, however, to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

§ 8 Warranty

(1) The statutory rights of liability for defects shall apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:

for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;

insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;

in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;

in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

§ 9 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).

(2) The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. customer information

Identity of the seller

prpmed Funkner e.K.

Spa road 7

63667 Nidda

Germany

Phone: +49 6043 9862 817

E-mail: contact@prpmed.de

Alternative Dispute Resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

Contract language, contract text storage

3.1. contract language is german .

3.2. the complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. in the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer sent in text form, e.g. by e-mail, which you can print out or save electronically.

Codes of conduct

4.1. we have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).

Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

Prices and payment methods

6.1. the prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.the shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping is promised.

6.3. if the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

6.4. incurred costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

6.5. the payment methods available to you are shown under a correspondingly designated button on our internet presence or in the respective offer.

6.6. unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6.7. unless otherwise agreed, when booking courses, payment must be made no later than the course date on site before the start of the course, otherwise there is no right to participate.

Delivery conditions

7.1. the delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our internet presence or in the respective offer.

7.if you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

If you are an entrepreneur, the delivery and shipment is at your risk.

Legal liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

last update: 29.11.2022