TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

 

 

SCOPE

 

These terms and conditions apply to all contracts concluded between the customer and the seller via our online store. Customers in the sense of these terms and conditions are entrepreneurs, i. e. natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in the exercise of their commercial or independent professional activity.

 

The customer confirms, that he is not a consumer/ natural person who conclude the legal transaction for a purpose that can be attributed neither to his commercial nor his independent professional activity.

 

 

CONTRACT PARTNER

 

The contract is concluded with

 

Dr. Jean Bausch GmbH & Co. KG

Oskar-Schindler-Str. 4

D-50769 Köln - Germany

Phone: +49-221-70936-0

Fax: +49-221-70936-66

Amtsgericht Köln, HRA 1640

 

 

CONCLUSION OF CONTRACT

 

The presentation of the goods in our internet store does not constitute a legally binding offer of contract on our part, but are only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.

 

Upon receipt of an order in our Internet store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store.

 

The order is placed in the following steps:

 

  1. Selection of the desired goods

  2. Confirmation by clicking the "Add to shopping cart" button

  3. Checking the data in the shopping cart by clicking "Show shopping cart" or continue shopping by clicking the "Continue shopping" button

  4. Logging in to the Internet store after registering and entering the login details (e-mail address and password) or ordering as a new customer by entering the necessary data (a permanent customer account will be created). Furthermore, it is also possible to shop as a guest. For this you only have to enter the necessary address data.
    A permanent customer account will not be created.

  5. Selection of the payment method

  6. Selection of the shipping method

  7. Checking or correction of the data entered

  8. Confirmation that you have read the terms and conditions and the cancellation policy

  9. Binding sending of the order via the button "Send order with costs"

 

Before the binding sending of the order, the customer can, by pressing the "Back" button contained in the Internet browser used by him, after checking his data, return to the Internet page on which the customer's data are recorded and correct input errors or cancel the ordering process by closing the Internet browser. Furthermore, he can correct his address data by clicking on "Enter or edit address". We confirm receipt of the order immediately by an automatically generated e-mail ("order confirmation"). With this we accept your offer.

 

Storage of the contract text for orders placed via our Internet store: We store the text of the contract and send you the order data and our GTC by e-mail.

 

 

PRICES AND SHIPPING COSTS

 

The prices shown on our website at the time of the order shall apply. We reserve the right to correct obvious errors.

 

The stated prices do not include the value-added tax. Shipping costs, which - if they are incurred - are indicated in the order overview.

 

 

DELIVERY AND SHIPPING

 

We deliver with UPS or DHL. Shipments to packing stations, post office boxes or postal warehouse shipments are not possible. You will receive a message, when the goods have left our premises. If delivery has not been possible, you will receive a message from the forwarder indicating further options.  

 

Within Germany, we usually deliver orders within 1-2 working days, but at the latest within 3 working days after receipt of the order and, if applicable, advance payment. We will indicate any deviating delivery times on the respective product page. Shipments to our other delivery countries (Austria, Belgium, Denmark, France (mainland only), Luxembourg, Netherlands, Poland, Czech Republic, Slovenia, Great Britain, Italy, Sweden, Bulgaria, Estonia, Latvia, Lithuania, Romania, Hungary, Spain (except Canary Islands), Portugal, Greece and Ireland) are delivered within 8 working days after receipt of the order and, if applicable, advance payment.

 

The risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur himself or to a person authorized to receive the goods. In the case of sale by delivery to a place other than the place of performance, the decisive point in time shall be the delivery of the goods to a suitable transport person.

 

The entrepreneur shall notify us in writing of any obvious defects in the goods without delay, but within 14 days at the latest. For this purpose we will provide a return consignment bill, any costs incurred for returns shall be borne by the Seller. The period shall commence upon receipt of the goods. The timely dispatch of the notice of defect shall be sufficient to comply with the time limit. If the entrepreneur does not comply with the obligation to notify defects, the goods shall be deemed approved with regard to the defect.

 

 

PAYMENT

 

The customer has the option of payment by credit card, Paypal, Giropay, Klarna, Bancontact, EPS, iDeal, Przelewy24, "Sofortüberweisung".

 

If the customer has chosen payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract. The total amount (purchase price plus delivery and shipping costs) is in this case to be transferred to the account, which is communicated in our confirmation email.

 

 

RETENTION OF TITLE

 

We retain title to all goods delivered by us until payment (for entrepreneurs: until payment of all our claims arising from the business relationship).

 

 

WARRANTY

 

The statutory warranty applies, unless otherwise specified.
For the OccluSense® device a warranty of one year is granted.

 

 

LIABILITY PROVISIONS

 

BAUSCH is liable for intent or gross negligence. For slight negligence, BAUSCH is only liable if it culpably fails to fulfill an essential contractual obligation, whereas the liability is limited to the damage that is predictable and would typically occur.

 

The mere delivery of defective goods as such does not constitute a failure to fulfill essential contractual obligations.

 

Further liability - irrespective of the legal nature of the claim made - is excluded. This applies particularly to claims based on violations of contract or tort.

 

BAUSCH is not liable for consequential damages, particularly due to lost profits or intangible damages.

 

Claims for damages against BAUSCH are statute-barred one year after delivery of the goods, unless BAUSCH is charged with intent or gross negligence. The statute of limitations for claims based on tort remains unaffected by this.

 

Liability due to culpable harm to life and limb remains unaffected. This also applies to mandatory liability in accordance with the German Product Liability Act.

 

Insofar as the liability of BAUSCH is excluded or limited, this also applies in respect of the personal liability of employees, staff, fee-lancers, representatives and agents of BAUSCH.

Any further liability is excluded.

 

 

FINAL PROVISIONS

 

Applicable law for these general terms and conditions and all legal relationships is the law of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply. Place of performance for deliveries and payments is Cologne, Germany. The exclusive place of jurisdiction for the buyer for all disputes resulting directly or indirectly from or in connection with the contractual relationship is Cologne, Germany. The same applies if the buyer does not have a place of jurisdiction in Germany or if its place of residence or habitual abode is unknown at the time of the legal action. BAUSCH reserves the right to take legal action against the buyer at his place of residence, his registered business address or where a branch office is located. The statutory place of jurisdiction for default proceedings remains unaffected. Should a provision in these general terms and conditions or a provision within the context of other agreements with the buyer be or become invalid, the validity of all other provisions in these general terms and conditions or other agreements is, in cases of doubt, unaffected.

 

Contract language is German or English.

 

 

INTELLECTUAL PROPERTY

 

OccluSense®, the Website, and all the elements that comprise it (such as trademarks, logos, photographs, images, illustrations, texts, slogans, videos, structure of the Website) are the sole property of BAUSCH, which is solely authorised to use the intellectual property rights and personality rights relating thereto, or to the holder of the intellectual property rights concerned.

Any full or partial reproduction and/or representation, use, adaptation or modification of the Website or one of the elements comprising it, in any medium whatsoever and any form whatsoever, is expressly prohibited, unless previously authorised in writing by BAUSCH.