The terms of business set out below are exclusively valid between Medichron GmbH and the customer. Medichron GmbH does not recognise alterations to the terms of business or any agreement.
§ 2 Our contract
When you place an order to purchase a product from Medichron GmbH, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we have dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
Medichron GmbH does not sell products for the purchase by children. Our products for children can only be purchased by adults.
§ 3 Cancelations
The customer can cancel the order in writing (also by email) within 3 days afte placing the order or by returning the products within one week after receipt of the products. The customer fully bears the costs of sending the products back to us.
§ 4 Delivery
Unless otherwise agreed, the delivery is made ex works to the stated delivery address by the customer. Should the manufacturer not supply Medichron GmbH with the ordered products, MEdichron does not have to fulfill the order. In such a case, Medichron GmbH will inform the customer immediately that the ordered products are not available.
§ 5 Payment terms
The customer pays the invoice amount to Medichron GmbH by advance payment or by cash on delivery in case of customers located in Austria or Germany.
§ 6 Proprietary rights
The products delivered to customers remain the property of Medichron GmbH until full payment has been made.
§ 7 Damaged goods
If goods are damaged or faulty, the customer can request for the goods to be replaced. If the goods cannot be replaced, the customer can cancel the order or request a partial refund. Other claims by the customer are excluded. Medichron GmbH is not liable for losses or lost profit incurred to the customer.
The replacement cost or refund is limited to the typical value of the goods. In case of replacement, the customer must return the original products within 15 days after receipt. If the products arrive at after 15 days, Medichron GmbH will request indemnification from the customer for the products originally delivered and deduct it from the refund.
The statutory period of limitation is 18 months from date of delivery.
§ 8. Data protection
14.1. Medichron GmbH will protect information and data provided by customers and will not share the data with third parties. Medichron GmbH however will not be liable should third parties succeed via illegal practices to obtain customer information and data. In this respect, Medichron GmbH will not recognise any claims by sutomers or third parties.
§ 9 Governing law and protection
These terms of business are governed and construed in accordance with Austrian law to the exclusion of United Nations Convention on Contracts for the International Sale of Goods.