General Terms of Business and Customer Information

General Terms of Business and Customer Information 

1. General Terms of Business

§ 1 Fundamental provisions

(1) The below Terms of Business apply to all agreements that you conclude with us as supplier (Rayonex Biomedical GmbH) on the Internet page www.rayonex.de. Unless it is agreed otherwise, this contradicts the application of your own conditions that you might apply.

(2) Consumer in the meaning of the below regulations is any individual who concludes a legal transaction for purposes that cannot be attributed either to his commercial or his independent professional activity. A businessman is any individual or legal entity or partnership with legal capacity, which, when concluding a legal transaction, acts in exercise of its independent professional or commercial activity.

§ 2 Conclusion of the agreement

(1) The purpose of the contract is the sales of merchandise.

(2) As soon as we upload the respective product onto our Internet page, we make you a binding offer to conclude an agreement under the conditions stated in the item description.

(3) The contract is concluded using the online shopping cart system as follows: You deposit the goods that you intend to purchase in the “shopping cart.” Using the corresponding button in the navigation bar, you can retrieve the “shopping cart” and make changes there at any time. After retrieving the page “checkout” and entering the personal data and the payment and shipping conditions, all order data is displayed definitively on the order overview page. If you use as payment type a direct payment system (e.g., PayPal / PayPal Express, Amazon Payments, Postpay, Sofort), then you are either taken back to the order overview page in our online shop or you are first taken to the Internet page of the provider of the direct payment system. If you are taken to the respective direct payment system, then you make the corresponding selection or enter your data. Finally, you will be taken back to the order overview page in our online shop. Before placing the order, here you can check all statements again and modify (also over the function “back” of the Internet browser) or discontinue the purchase. By sending the order using the button “order with obligation to pay” you declare in a legally binding manner your acceptance of the offer, and the contract is thereby concluded.

(4) The settlement of the order and communication of all information required in connection with the conclusion of the contract is handled in part automatically by e-mail. You must therefore ensure that the e-mail address you have left with us is accurate, that the reception of the e-mails is ensured by technical means and especially that their reception is not prevented by the SPAM filter.

§ 3 Conclusion of the agreement for download products

(1) The purpose of the contract is the sale of download products (digital contents that are not supplied on a physical data carrier). As soon as we upload the respective download product onto our Internet page, we make you a binding offer to conclude an agreement under the conditions stated in the item description. (2) The contract is concluded using the online shopping cart system as follows: You deposit the download products that you intend to purchase in the “shopping cart.” Using the corresponding button in the navigation bar, you can retrieve the “shopping cart” and make changes there at any time. After retrieving the page “checkout” and entering the personal data and the payment conditions, all order data is displayed definitively on the order overview page. If you use as payment type a direct payment system (e.g., PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung), then you are either taken back to the order overview page in our online shop or you are first taken to the Internet page of the provider of the direct payment system. If you are taken to the respective direct payment system, then you make the corresponding selection or enter your data. Finally, you will be taken back to the order overview page in our online shop. Before placing the order, here you can check all statements again and modify (also over the function "back” of the Internet browser) or discontinue the purchase. By sending the order using the button “order with obligation to pay” you declare in a legally binding manner your acceptance of the offer, and the contract is thereby concluded.

(3) Your requests on making an offer are not binding for you. We make you a binding offer for your requests in text form (e.g., by e-mail), which you can accept within 5 days.

(4) The settlement of the order and communication of all information required in connection with the conclusion of the contract is handled in part automatically by e-mail. You must therefore ensure that the e-mail address you have left with us is accurate, that the reception of the e-mails is ensured by technical means and especially that their reception is not prevented by the SPAM filter.

§ 4 License for use for download products

(1)  The download products offered are protected by copyright. For each download product that you acquire from us you receive a simple license for use, as long as it is not stated otherwise in the respective offer.

(2) The simple license to use includes permission to store a copy of the download product for your individual use on your computer or other electronic device and/or to print one out.  You are prohibited from making any additional copy. You are expressly prohibited from modifying a file or parts of a file or processing it and providing it in any way to third parties either privately or commercially.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention if it is a matter of claims deriving from the same contractual relationship.

(2) The merchandise continues to be our property until complete payment of the purchase price.

(3) If you are a businessman, then the following applies in a complementary manner:

A) We retain ownership of merchandise until the complete compensation of all claims from the on-going business relationship. Before transfer of ownership of the retained merchandise a pledging or security transfer is not allowable.

B) You can resell the merchandise in the ordinary course of business. For this case you cede all claims to the total billing amount accruing to you from the resale to us and we accept the cession. You are authorized moreover to collect the claim. If however you do not properly comply with your payment obligations, we retain the right to collect the claim ourselves.

C) If the retained merchandise is combined or mixed, we acquire co-ownership of the new item in the ratio of the billing value of the retained merchandise to the other processed items at the moment of processing.

D) We commit to release the securities to which we are entitled at your demand to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are entitled to choose the securities to be released.

§ 6 Guarantee

(1) There are legal rights based on liability for defects.

(2) As consumer it is requested that you check the item promptly on delivery for completeness, obvious defects and transport damages and that you notify us and the shipping company as soon as possible of complaints. If you do not comply with this, this has no effect on your legal guarantee rights.

(3) If you are a businessman, the following applies in deviation from the present guarantee regulations:

A) As characteristics of the item, only our own statements and the manufacturer’s product description are considered to be agreed, not however other advertising, public promotions and expressions of the manufacturer.

B) In the event of defects we make a guarantee according to our choice by remediation or subsequent delivery. If the remediation of defect does not work, then you can according to your own choice demand a price reduction or withdraw from the contract. The remediation of defects is considered to have failed after an unsuccessful second if nothing else results especially from the type of item or of the defect or the other circumstances. In the event of remediation we are not obligated to pay the increased costs deriving from shipping the merchandise to another location than the place of performance, to the extent that the shipping does not correspond to the intended use of the merchandise.

C) The guarantee period totals one year from the delivery of the merchandise. The shortening of this period does not apply: for damages culpably caused attributable to us due to injury to life, body or health, and in the case of other damages caused intentionally or by gross negligence; if we fraudulently conceal the defect or have accepted a guarantee for the characteristic of the item; in the case of items, which according to their usual manner of use have been used for a construction work and have caused the defectiveness of this work; in the case of legal claims to recourse which you have against us in connection with the rights deriving from defects.

§ 7 Choice of law, place of performance, jurisdiction

(1) German law applies. For consumers this choice of law only applies to the extent that this does not deprive them of the protection granted by mandatory provisions of the law of the country of habitual residence of the consumer (favorability principle.)

(2) The place of performance for all services deriving from the business relationships with us, as well as the jurisdiction is our headquarters, if you are not a consumer, but rather a businessman, public law entity or public law special fund. The same applies if you have no general jurisdiction in Germany or the EU or the domicile or habitual residence at the moment of lodging the suit is unknown.   The authorization to call upon the court at another legal jurisdiction remains unaffected by this.

(3) The provisions of UN Sales Law are expressly excluded from application.

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II. Customer information

1. Identity of the Seller Rayonex Biomedical GmbH

Sauerland-Pyramiden 1

57368 Lennestadt Germany

Telephone: 02721 60060

E-mail: info@rayonex.de

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

2. Information on the conclusion of the agreement

The technical steps to conclusion of the agreement, the signing of the contract itself and the possibilities for corrections take place according to the regulations “Conclusion of the agreement” of our General Terms of Business (Part I.).

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

3.1. The language of the agreement is German

3.2. We do not store the complete text of the agreement. Before placing your order using the online shopping cart system, you can print out or electronically secure the contractual data using the printing function of the browser. After we receive the order, we send you once more by e-mail the legally prescribed information for remote sales contracts and the General Terms of Business.

3.3. In the event of requests for an offer outside of the online shopping cart system, you will receive all contractual data in the context of a binding offer in text form, e.g., sent by e-mail, which you can print out or secure electronically.

4. Essential characteristics of the goods or service

The essential characteristics of the goods and/or service are found in the respective offer.

5. Prices and forms of payment

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all pertinent taxes.

5.2. The pertinent shipping costs are not included in the purchase price. They can be accessed by way of an appropriately designated button on our Internet site or in the respective offer, are identified separately in the course of the order procedure and must be paid additionally by you, if delivery free of shipping costs is not promised.

5.3. The forms of payment available to you are identified under the appropriately designated button on our Internet site or in the respective offer.

5.4. If it is not stated otherwise in the case of individual forms of payment, the payment claims stemming from the contract concluded are due to be paid immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and also the delivery restrictions if there are any can be found under an appropriately designed button on our Internet site or in the respective offer.

6.2. If you are a consumer it is legally regulated that the risk of accidental destruction and of accidental damage to the purchased item during shipping is transferred to you only with the handover of the item, regardless of whether the shipping takes place with or without insurance. This does not apply if you have independently commissioned a transport company not named by the businessman or another person otherwise designated to handle the shipping. If you are a businessman, then the delivery and shipping takes place at your own risk.

7. Statutory right based on liability for defects

The liability for defects is governed according to the provision "Guarantee” in our General Terms of Business (Part I).

These General Terms of Business and customer information were drafted by legal scholars from the Merchants’ Association who specialize in IT law, and they are inspected on an on-going basis for legal conformity.  The company Händlerbund Management AG (“Merchants’ Association” Management, Inc.) guarantees the legal certainty of the texts, and it is liable in the case of written warnings. Further details can be found at: http://www.haendlerbund.de/agb-service.

Last updated: 07.12.2017