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General terms and conditions of payment and delivery

§1 general

1.1 the following terms and conditions apply to all our offers, sales, deliveries and services and become part of the contract. They apply to all contractual relationships between hypermed gmbh, bergwerkstr. 7a, 82380 peienberg - hereinafter referred to as hypermed - and the customer as well as all deliveries, services and offers on

1.2 the contractual partner for all orders is:

Hypermed GmbH, Hinterschwaig 48, 82383 Hohenpeißenberg
Managing directors: Stephan Meyer, Dr. Dorothe Meyer
registration court: hrb munich 220671
vat id no. : de301957005

1.3 we hereby expressly object to any deviating or supplementary general terms and conditions of the buyer. They shall not apply even if the buyer has based his order or other declaration on them. This shall not apply if we expressly agree to their validity in writing.

1.4 our gtc apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. p>

§2 offers and orders

2.1 our offers are subject to change unless they are designated as binding in writing. An effective contract shall only be concluded by an express confirmation of the contract or the delivery of the goods. The mere order confirmation does not constitute a binding acceptance of the offer to conclude the contract made by the customer's order. For the exact procedure of the order, see 2.2 below.

2.2 an order can be placed by telephone, fax, e-mail, letter or other communication channels, in particular via the internet platform http: //carnimed. De. The order itself (regardless of the communication channel used) constitutes an offer to conclude a purchase contract. When you place an order with http: //, we will send you an e-mail confirming receipt of your order and listing its details (order confirmation). This order confirmation does not constitute an acceptance of your offer to conclude a purchase contract, but is only intended to inform you that we have received your order. Your offer to conclude a purchase contract is only accepted by hypermed by dispatching the corresponding goods and sending an e-mail about the dispatch (dispatch confirmation).

2.3 even the use of permitted immediate payment methods by the customer does not lead to the conclusion of a contract despite payment of the purchase price or fee. The acceptance of the offer (and thus the conclusion of the contract) is also only effected in this case by dispatching the corresponding goods and sending an e-mail about the dispatch (dispatch confirmation).

2.4 dimensions, weights, illustrations, drawings and other documents that are part of our non-binding offers remain our property and are only approximate. They can only become a binding part of the contract if expressly confirmed by us in writing. The customer must obtain our express written consent before passing them on to third parties.

§3 doubtful solvency

3.1 if, after conclusion of the contract, we become aware of circumstances that give rise to doubts about the buyer's solvency, we may make further deliveries dependent on advance payment of the goods by the buyer. We may set the buyer a reasonable deadline for the advance payment of the goods and withdraw from the contract if the advance payment is not received by us within the deadline; the buyer may provide security in the form of a bank guarantee instead of the advance payment. If we have already delivered the goods, the purchase price shall be due immediately without deduction, irrespective of any agreed payment periods.

3.2 doubts about the buyer's ability to pay shall be justified, inter alia, if an application for the opening of insolvency proceedings against his assets has been filed or if he fails to make payments to us or third parties on time.

§4 prices

4.1 in the case of dispatch or delivery, prices - unless otherwise agreed - are exclusive of the costs of packaging, transport and freight insurance, in accordance with the contractual agreement. The shipping costs incurred are not included in the purchase price. They can be called up on the page "shipping and payment conditions", are shown separately during the ordering process and are to be borne additionally by the customer, unless free shipping has been promised.

4.2 the purchase price offered is binding. The purchase price includes the statutory value added tax.

4.3 if the customer is a consumer and if there are more than 4 months between the date of conclusion of the contract and the date of delivery, without this being due to a delay in delivery for which we are responsible, and if our valid price list has changed during this period, we may demand the list price valid on the date of delivery instead of the agreed purchase price. We shall send the buyer a correspondingly amended order confirmation before delivery. In this case, the buyer may withdraw from his order with regard to the goods for which the price has been increased. He must declare his withdrawal in writing no later than on the third working day after receipt of the amended order confirmation:
transmission by fax is not sufficient.
Transmission by e-mail shall suffice.

4.4 if the customer is an entrepreneur, the agreed price shall apply. If the price at the time of performance has increased due to a change in the market price or due to an increase in the fees charged by third parties involved in the performance of the service, the higher price shall apply. If this is 20% or more above the agreed price, the customer has the right to withdraw from the contract. This right must be asserted in writing immediately after notification of the increased price.
Transmission by fax is not sufficient.
Transmission by e-mail shall suffice.

§5 delivery time, delay in delivery, inspection of the place of installation and anchoring by the customer and costs of an unsuccessful delivery for which the customer is responsible

5.1 deliveries shall only be made to a delivery address within the european union (eu), for dealers also to switzerland.

5.2 we would like to point out that all information on the availability, dispatch or delivery of a product is merely anticipated information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates, unless they are expressly designated as binding dates or have been agreed as binding dates. If during the processing of your order we discover that any products you have ordered are not available, we will notify you separately by email or telephone. If we are unable to deliver the ordered goods through no fault of our own because the supplier does not fulfil his contractual obligations, we are entitled to withdraw from the contract with you. In this case, you will be informed immediately that the ordered product is not available. Your statutory claims remain unaffected.

5.3 if, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate covering transaction for reasons for which the supplier is not responsible, the customer will be informed immediately of the non-availability and, in the event of withdrawal, any payments already made will be refunded without delay.

5.4 if the customer is an entrepreneur: if we are culpably unable to meet an expressly agreed deadline or are in default for other reasons, the buyer must grant us a reasonable grace period of at least eight weeks, starting from the date on which the deadline is set. After fruitless expiry of this grace period, the buyer shall be entitled to withdraw from the contract.

5.5 if performance is temporarily impossible or considerably impeded for us in whole or in part due to force majeure or other extraordinary circumstances for which we are not responsible, the agreed delivery period shall be extended by the duration of the impediment to performance. The same shall apply to a statutory deadline or a deadline set by the buyer for the performance of the service, in particular to grace periods in the event of default.

5.6 before the expiry of the delivery period or period of performance extended in accordance with 5.5, the buyer shall not be entitled to withdraw from the contract or to claim damages. If the impediment to performance lasts longer than 16 weeks, both the buyer and we shall be entitled to rescind the contract insofar as the contract has not yet been performed. If the buyer is contractually or legally entitled to withdraw (e. G. Due to loss of interest) without setting a grace period, this right shall remain unaffected.

5.7 if delivery to you is not possible because the delivered goods do not fit through your entrance door, front door or staircase or because you cannot be found at the delivery address you have given, although you have been given reasonable notice of the delivery date, you shall bear the costs for the unsuccessful delivery.

5.8 our liability in the event of a delay in delivery is limited to 0.5% of the delivery value for each full week of the delay within the framework of a lump-sum compensation for delay, but not more than 5% of the delivery value.

§6 shipment and transfer of risk

6.1 shipment shall be for the account of the buyer.

6.2 if the buyer is a consumer: the risk of accidental loss and accidental deterioration of the goods - also in the case of sale by delivery to a place other than the place of performance - shall not pass to the buyer until the goods have been handed over. The handover is the same if the buyer is in default of acceptance.

6.3 if the buyer is an entrepreneur: the risk shall pass to the buyer upon loading of the goods, even if carriage paid delivery has been agreed and/or the shipment is made with our own vehicles. We are not obliged to provide transport insurance.

6.4 unless expressly agreed otherwise in writing, we shall be entitled to make partial deliveries to a reasonable extent, which shall be invoiced individually.

6.5 for the time of dispatch, see 8.4.

§7 Payment

7.1 unless otherwise agreed in the individual payment methods, the payment claims arising from the concluded contract shall be due for payment immediately.

7.2 the buyer shall be in default even without a reminder from us if he does not pay the purchase price within seven days after the due date and receipt of the invoice or an equivalent payment schedule.

7.3 if the buyer is an entrepreneur: if the buyer defaults on a payment, all his payment obligations from the business relationship with us - including those for which bills of exchange have been given - shall become due immediately. In this case, we shall be entitled to demand interest from the relevant point in time at the legally stipulated rate. The seller reserves the right to prove higher damages.

7.4 bills of exchange shall only be accepted on account of performance after prior agreement and in case of discountability without granting a discount. Payments by cheque/bill of exchange shall also only be accepted on account of performance. The claim to the purchase price shall not expire until the bill of exchange has been honoured in full. Bill of exchange and discount charges shall be charged separately and are to be paid immediately without deduction.

7.5 the buyer shall only be entitled to set-off, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, have been recognised by the seller, are undisputed or are in a mutual relationship with our main claim. The buyer is only entitled to exercise a right of retention if his counterclaim is based on the same purchase contract.

§8 Payment procedure and methods of payment

8.1 payment can be made by credit card via psp (mastercard/visacard/american express via paypal), paypal, applepay, by payment in advance, or by instant bank transfer. p>

8.2 for each order, we reserve the right not to offer certain payment methods and to refer to other payment methods. If the customer's place of residence is outside germany, payment can only be made in advance.

8.3 the payment procedure is as follows:

procedure for payment in advance
(1) you will receive our bank details and the order number in the confirmation e-mail of your order.
(2) please transfer the invoice amount, stating the order number, to our following account:
Hypermed GmbH
Bank: Stadtsparkasse München
IBAN:DE46 7015 0000 1003 8512 75
SWIFT-BIC: sskmdemm
any transfer costs and bank charges shall be borne by the customer.

(3) the goods will be dispatched after receipt of payment.

Procedure of payment by sofort bank transfer
(1) if you select the sofort bank transfer as payment option for your online purchase, you will automatically be forwarded to a secure payment form of sofort ag. The sofort bank transfer can be used with the online-capable current accounts of most banks.
(2) the transfer data is recorded automatically. You only have to enter the bank code of your bank and your usual online banking access data. Finally, you release the transfer with a tan.
(3) the data is encrypted and transmitted to your online banking account. We then receive a real-time confirmation of the setting of your transfer in your online banking account and can then process and dispatch your order immediately.
(4) the customer does not incur any costs for the sofort transfer.
(5) credit notes from returns will be credited back to your online bank account.

Procedure for payment by credit card
(1) we accept the following credit cards: mastercard / visacard / american express.
(2) when paying by credit card, you must provide us with the name of the cardholder, the card number, the card verification number and the validity date of the credit card.
(3) when paying by credit card, the amount to be paid will be debited immediately from your credit card account. Once the invoice amount has been reserved on your credit card account, we can process your order immediately after the order has been placed.
(4) credit notes from returns will be charged back to your credit card.

Procedure of payment via paypal
(1) when selecting payment with the online payment system paypal, you will be forwarded directly to paypal. A paypal account is required for payment. If necessary, you can also open this during the ordering process.
(2) your paypal account will be debited upon completion of the order.
(3) further information on paypal can be found at:

Payment procedure when paying with amazon
(1) if you choose to pay with the online payment system "pay with amazon", you will be redirected to amazon. The prerequisite for payment is an amazon account. If necessary, you can also open this during the order process.
(2) your amazon account will be debited upon completion of the order.
(3) further information on "paying with amazon" can be found at:

Payment procedure for sepa direct debit mandate
(1) you provide us with your iban account number during the order process and issue us with a sepa direct debit mandate.
(2) after your master data has been created with us, we will inform you of our creditor id and your mandate reference number with us in a separate letter.
(3) on the due date, we will debit the invoice amount from your account.

8.4 in the case of payment in advance, the goods will be dispatched after receipt of payment. In the case of payment by instant bank transfer or sepa direct debit, the goods will be dispatched immediately after receipt of the transaction confirmation by the bank. In the case of payment by credit card, paypal or amazon, the goods will be dispatched after the invoice amount has been reserved by the respective partner companies.

§9 warranty/liability for defects

9.1 if the customer is a consumer, we shall be liable in accordance with the statutory provisions in the event of a defect, unless a restriction arises from the following. The buyer must inspect the goods received for obvious defects. The buyer shall notify us in writing of any obvious defects within two weeks of delivery of the subject matter of the contract. If the notification is not made within the aforementioned period, the warranty rights shall expire. This shall not apply if we have fraudulently concealed the defect or have given a guarantee for the quality of the item.

9.2 if the customer is an entrepreneur, 377 hgb (german commercial code) shall apply with regard to his obligation to inspect the delivery. He must note any defects on the delivery note. We reserve the right to choose the type of subsequent performance in the event of a defect.

9.3 if the customer is a consumer, the limitation period for claims for defects shall be two years for the delivery of new goods and one year for the delivery of used goods. This shall not apply insofar as claims for damages due to defects are concerned.§ 10 shall apply to claims for damages due to defects.

9.4 if the customer is an entrepreneur, the warranty period is always one year. The limitation period in the case of a delivery recourse according to §478, §479 bgb remains unaffected. This shall not apply insofar as claims for damages due to defects are concerned, to which §9 applies.

9.5 the customer does not receive any guarantees in the legal sense from us.

§10 liability for damages

10.1 our liability for breach of contractual obligations and for tort is limited to intent and gross negligence. This shall not apply to intentional or grossly negligent breaches of duty as well as to damages resulting from injury to life, body or health, in the event of a breach of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations) as well as in the event of damage caused by delay. In this respect, we shall be liable in accordance with the statutory provisions.

10.2 the aforementioned exclusion of liability shall also apply to slightly negligent breaches of duty by our vicarious agents.

10.3 insofar as liability for damages not based on injury to life, body or health of the customer is not excluded for slight negligence, such claims shall become statute-barred within one year beginning with the accrual of the claim or, in the case of claims for damages due to a defect, from the handover of the item.

10.4 insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.

§11 retention of title

11.1 in the case of contracts with consumers, we retain title to the object of purchase until the purchase price has been paid in full.

11.2 if the customer is an entrepreneur: we retain ownership of the goods (goods subject to retention of title) until receipt of all payments under the purchase contract. The delivered goods shall only become the property of the buyer when the buyer has fulfilled all his obligations arising from the business relationship, including ancillary claims, claims for damages and encashment of cheques and bills of exchange. In the case of the cheque/bill of exchange procedure, the retention of title in all its forms listed here does not expire with the payment of the cheque, but only with the encashment of the bill of exchange.

11.3 the buyer must inform us immediately in writing of all access by third parties, in particular of compulsory execution measures and other impairments to his property. If the buyer is an entrepreneur, he shall compensate us for all damages and costs arising from a breach of this obligation and from necessary measures to protect against access by third parties.

11.4 if the customer is an entrepreneur: if the buyer does not meet his payment obligation despite a reminder from us, we may demand the surrender of the goods subject to retention of title that are still his property without setting a deadline beforehand. The transport costs incurred in this connection shall be borne by the buyer. The seizure of the reserved goods by us shall always constitute a withdrawal from the contract. After retention of the reserved goods, we shall be entitled to realise them. The proceeds of realisation shall be set off against our outstanding claims.

11.5 if the value of the security pursuant to 10.4 exceeds our claims against the customer by more than 20%, we shall, at the customer's request and at our discretion, release securities to which we are entitled to the corresponding extent.

§12 place of performance

the place of performance is our registered office. The statutory provisions on the transfer of risk as well as the provisions on the statutory places of jurisdiction shall remain unaffected unless otherwise provided for in §13.

§13 data processing

the buyer agrees that we may process, in particular store or transmit to a credit protection organisation, the data received about the buyer in connection with the business relationship in compliance with the german federal data protection act and the european data protection regulation for the fulfilment of our own business purposes, insofar as this is done within the scope of the purpose of the contract or is necessary to safeguard our legitimate interests and there is no reason to assume that the buyer's interest worthy of protection in the exclusion of the processing, in particular the transmission, of this data prevails.

§14 place of jurisdiction and applicable law

14.1 the contractual relationship between the buyer and us shall be governed exclusively by the laws of the federal republic of germany, even if the buyer has his place of residence or business abroad. The applicability of un sales law is excluded.

14.2 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 withdrawn as a result.

14.3 the buyer is not entitled to assign claims arising from the purchase contract without the seller's consent.

14.4 if the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for both parties - also for actions on bills of exchange and cheques - shall be our registered office. However, we are also entitled to sue the buyer at his general place of jurisdiction.