Terms and Conditions

§ 1 Scope of application
The version of the following Terms and Conditions in force at the time of the order apply exclusively to business relationships between Herold HealthCare and the customer. Differing terms and conditions of the customer are not recognised by Herold HealthCare unless Herold HealthCare has agreed to them expressly in writing.

§ 2 Contract
Displaying the products in the online store represents a non-binding invitation to treat as opposed to a legally binding offer. By clicking on the 'order and pay' button you place a binding order for the goods contained in the basket. Receipt of the order is confirmed together with acceptance of the order immediately after sending of the order by automated email. The contract for the purchase of goods enters into force with this email.

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§ 3 Cancellation right
You are entitled to cancel this contract within fourteen days without stating the reasons why. The cancellation period is fourteen days from the day on which you or a third party nominated by you who is not the carrier take possession of the goods.

In order to exercise your right to cancel you must inform us (Herold Hea,lthCare Herold HealthCare
C/O Loci GmbH
Fischtorpl. 21
55116 Mainz by means of an unambiguous statement (e.g. letter via the post, fax or email) about your decision to cancel this contract. To do this you may use the attached cancellation form, however this is not a requirement. 

In order to comply with the cancellation period, sending notice of you exercising your right to cancellation before the cancellation period expires will suffice.

Gift vouchers are converted into goods, but not paid out in cash. As a gesture of goodwill, Herold HealthCare may exchange a gift voucher for individual items. However, there is no legal claim to this.

The right of revocation does not apply to the following contracts, unless the parties have agreed otherwise: Contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (individualised products).

Consequences of cancellation

If you cancel this contract we are to reimburse all payments received from you including delivery costs (with the exception of delivery costs resulting from you having selected a method of delivery other than the cheapest standard delivery offered by us) without delay and no later than within fourteen days as of the day on which we receive notification of you cancelling this contract. For reimbursement we use the same payment method you used for the original transaction unless otherwise agreed with you. Under no circumstances will you be charged for this reimbursement. Herold HealthCare may withhold the refund until the goods have been returned to us, or until you have proven that you have returned the goods. Proof of return can be in the form of the corresponding deposit or delivery receipt.

You are to return or hand over the goods to Versandmanufaktur / Herold HealthCare, Herold HealthCare Herold HealthCare C/O Loci GmbH Fischtorpl. 21, 55116 Mainz zurückzusenden oder zu übergeben. Die Frist ist gewahrt, wenn Sie die Waren vor Ablauf der Frist von vierzehn Tagen absenden. Sie tragen die unmittelbaren Kosten der Rücksendung der Waren. Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit Ihnen zurückzuführen ist.

§ 4 Delivery
Unless otherwise agreed, delivery is ex Herold HealthCare warehouse to the delivery address provided by the customer. You will find information about the availability of products on the website. We would like to point out that all details about availability, shipping or delivery of a product are only estimated details and rough guidelines. They represent no binding or, as may apply, guaranteed shipping or delivery deadlines unless expressly referred to as binding deadlines in the shipping options for the respective product. Where Herold HealthCare is unable to deliver the goods ordered for reasons beyond its control because Herold HealthCare's supplier has failed to perform its contractual obligations, Herold HealthCare is entitled to cancel the order with the customer. In this event the customer will be informed without delay of the ordered product not being available. The customer's statutory entitlements remain unaffected.

§ 4b Faulty delivery
Where an incorrectly assembled delivery or defective goods are involved, the costs for returning the goods are borne by Herold HealthCare. In this event provide us with the order number and the reason for returning.

§ 5 Personalised products

You provide us with the information or text required to personalise products before the contract is concluded.

You are obligated to not share any data if its content breaches third party rights (with particular reference to copyrights, name rights, trademarks), or violates any current laws. You expressly release us from any third party claims associated with this. This also relates to the costs of legal representation required in this regard.

We do not check that the data provided is correct with respect to content, and we assume no liability for errors.

It is not possible to exchange personalised products.

§ 6 Shipping costs
You will find the current fixed charges in our latest catalogue or on our website at www.Herold-HealthCare.com. The current fixed charges in both the store and catalogue apply.

§ 7 Due date and payment, default
You can opt to settle the amount by payment in advance (bank transfer), on account or by PayPal. With payment on account (purchase on account via Paymorrow) the ordered goods are either shipped or delivered together with the invoice to the customer. The purchase price becomes due for payment 30 (thirty) calendar days after date of invoice. Where you default on payment, interest will be charged while in default at 5% above the basic interest rate. We reserve the right to provide evidence of and claim higher damages due to default.

§ 8 Compensation, retention
The customer is only entitled to compensation if its counterclaims are deemed to have force of law or are undisputed by Herold HealthCare. In addition, it is only entitled to exercise a right to retention where its counterclaim relates to the same contractual relationship.

§ 9 Prices
The prices at the time of ordering apply. Herold HealthCare reserves the right to alter the prices stated in the catalogue or the online store. All prices for goods or services include the applicable VAT in Germany appropriate at the time of ordering.

§ 10 Retention of title
Herold HealthCare retains title to the delivered goods until payment has been made in full.

§ 11 Warranty/guarantee provisions
The statutory warranty provisions apply. Statutory warranty claims expire after 2 years. Statutory warranty claims are unaffected where Herold HealthCare provides particular guarantees. Damage due to wear and tear, incorrect use and defective or incorrect care is excluded from the warranty/guarantee. All goods from our store are subject to statutory warranty rights.

§ 12 Liability for defects

The statutory provisions apply where an item purchased is defective. The assignment of these customer claims is ruled out.
Where subsequent performance is by way of substitute delivery, the customer is entitled to return the goods initially delivered within 14 days to Herold HealthCare with costs borne by Herold HealthCare. The defective goods are to be returned in accordance with the statutory provisions. Herold HealthCare reserves the right to make a claim for compensation under the statutory provisions.
This is time-barred after twenty-four months of delivery.
Herold HealthCare has unlimited liability where the damage is caused by wilful intent or gross negligence.
In addition, Herold HealthCare is liable for the slightly negligent breach of significant duties jeopardising the purpose of the contract being achieved, or for the breach of duties whose compliance actually enables the proper performance of the contract, and compliance with which you depend on. In this event however, Herold HealthCare is only liable for foreseeable losses typical for this type of contract. Herold HealthCare is not liable for slightly negligent breaches of duties other than those stated above.

The above liability restrictions do not apply in the event of injury to life and limb, to a defect after provision of a guarantee for the state of the product, or with fraudulently concealed defects. Liability under Product Liability Law remains unaffected.
Herold HealthCare's liability being excluded or limited also applies to the personal liability of employees, representatives and vicarious agents.

§ 12a
Link to Online Dispute Resolution for customers: http://ec.europa.eu/consumers/odr/. .

§ 13 Item descriptions
Due to different hardware and software, photographs of items may differ slightly from the original colours. Please be guided by the written description.

§ 14 Applicable law
The Law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply. Where the customer is a merchant. Legal entity under public law or with special public funds, sole jurisdiction for all disputes under this contract lies with the courts covering our registered office in 26122 Oldenburg. The same applies if the customer has no general place of jurisdiction in Germany, or their place of abode or usual place of residence is not known when proceedings are brought.

§ 16 Business with merchants
The aforementioned provisions regarding the right of cancellation and returns do not apply to business with merchants. In these cases the statutory provisions for merchants apply. Where the purchaser is a merchant, jurisdiction for both parties to the contract lies with the courts of Oldenburg. The Law of the Federal Republic of Germany applies exclusively.

§ 17 Severability clause

Individual provisions of these Terms and Conditions having no legal effect in part or in whole, or subsequently losing their legal effect, does not otherwise affect the validity of the Terms and Conditions. The statutory provisions take the place of the invalid one. The same applies where the Terms and Conditions contain an unforeseen gap.




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