Terms of service

Scope of application The following terms and conditions apply to all orders placed via our online store.

1. General information  

GVB-geliMED GmbH offers its products exclusively to companies, societies and tradesmen. Sales to private individuals are excluded. The following terms and conditions are binding for both parties. Any change requires the confirmation of GVB-geliMED GmbH.

2. Contractual partner, conclusion of contract  

All offers are subject to change. The purchase contract is concluded with GVB-geliMED GmbH. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the “Buy” button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by e-mail immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within five days.

3. Orders  

GVB-geliMED GmbH reserves the right not to deliver or to cancel an order, even without justification, in particular if there is a financial risk for GVB-geliMED GmbH. If an order is canceled, GVB-geliMED GmbH reserves the right to charge cancellation costs of 20% of the order value or at least €15. The written order confirmation shall be decisive for the delivery obligation of GVB-geliMED GmbH.

4. Binding nature of the contract  

The customer's terms and conditions that conflict with these terms and conditions shall not be binding on us even if GVB-geliMED GmbH has not expressly objected to their content. The contract shall remain binding in its remaining parts even if individual points are legally invalid. Binding nature is subject to price errors.

5. Prices  

All prices are quoted in euros per packaging unit plus statutory VAT. Freight and packaging costs shall be invoiced pro rata or as agreed.

6. Delivery times  

Delivery is generally made within 24 hours from the warehouse, taking weekends and public holidays into account. We reserve the right to make partial deliveries. Otherwise, the delivery dates agreed in the order confirmation shall apply. The dates and deadlines stated by us are non-binding, unless otherwise expressly agreed or promised in writing. All delivery dates are subject to correct and timely delivery to us, unless otherwise expressly agreed or promised in writing. Delivery periods shall commence on the date of our order confirmation, but not before successful clarification of all details of execution and shall be extended by the time the customer is in default, without prejudice to our rights in the event of customer default.

7. Shipping and transfer of risk  

We deliver ex warehouse. As a rule, we shall select the shipping route/partner. Shipment is carried out at the risk and expense of the buyer. The risk shall pass to the buyer as soon as the consignment has been handed over to the first person carrying out the transportation or has left our warehouse for the purpose of dispatch. If shipment is delayed or made impossible through no fault of our own, the risk shall pass to the buyer upon dispatch of the notification of readiness for shipment to the buyer. The goods shall only be insured against damage in transit at the express request and expense of the purchaser.

8. Return of goods 

GVB-geliMED shall only accept returned goods in exceptional cases for which special reasons are given. The return of goods requires express written consent, without which no credit note will be issued for returned goods. The value to be reimbursed for the return of goods depends on the age, condition and resalability of the goods. Goods that cannot be resold and customized products are excluded from return. The buyer bears the risk of costs for the transportation of returned goods.

9. Terms of payment  

Unless otherwise agreed, 30 days net or 14 days with 2% discount shall apply. For resellers, 14 days net shall apply. In the event of delays in payment, the purchaser must compensate GVB-geliMED for the damage caused by the delay and pay interest at the rate charged by the principal bank to GVB-geliMED from the due date. If the buyer does not meet his payment obligations in accordance with the contract, or if he suspends his payments, or if we become aware of other circumstances that call the buyer's creditworthiness into question, we shall be entitled to declare the entire remaining debt due, to demand advance payment or the provision of security. The buyer is only entitled to offset, withhold or reduce payment, even if complaints or counterclaims are asserted, in the case of undisputed claims or if the counterclaims have been legally established.

10. Retention of title  

The goods shall remain the property of GVB-geliMED GmbH until all claims of GVB-geliMED GmbH against the purchaser have been satisfied in full. In the event of resale in the ordinary course of business, the purchaser shall assign his claims against the purchaser to GVB-geliMED GmbH. If the purchaser acts in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the reserved goods at the purchaser's expense or, if necessary, to demand assignment of the purchaser's claim for restitution against third parties. The repossession or seizure of the reserved goods by us shall not constitute a withdrawal from the contract.

11. Defects, liability and statute of limitations

Obligation to give notice of defects: The client must independently check the functionality and completeness of the goods upon receipt. Visible defects must be reported to GVB-geliMED in writing immediately upon receipt, hidden defects immediately upon discovery. Such defects that cannot be discovered within one week of receipt of the goods, even with careful inspection of the goods, must be reported in writing immediately after discovery, but no later than 6 months after receipt of the goods, enclosing the delivery bill belonging to the shipment concerned. If the defect is not reported within 5 working days of receipt or discovery of the defect, the goods shall be deemed to have been approved.

Right to choose claims for defects: In the event of a timely and justified complaint due to a product defect or the delivery of goods other than those ordered, GVB-geliMED undertakes, at its discretion, to exchange or repair the goods or to take them back against reimbursement of the purchase price.

General limitation of liability: GVB-geliMED shall only be liable for contractual breaches of duty by its legal representatives or vicarious agents and in tort for intentional or grossly negligent acts, otherwise only in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable and typical for the contract at the time of conclusion of the contract. The limitation of liability does not apply to damages resulting from injury to life, limb or health, fraudulent concealment of a defect, failure to comply with a guarantee of quality or liability under the Product Liability Act.

Consequential damage: GVB-geliMED is not liable for consequential damage, loss of profit, business interruption or the loss of programs or electronic data.

Amount of order: In particular, our liability for all breaches of duty in connection with the performance of a contract, irrespective of the legal grounds, shall be limited to compensation for direct damage that is reasonably foreseeable for us, but to a maximum of 7.5% of the net order value and shall in no case include liability for increased production costs or production costs incurred in vain.

Exclusions due to misconduct: Furthermore, GVB-geliMED assumes no liability for damages due to:

- Non-compliance with instructions for use,  

 - improper use,  

 - natural wear and tear,  

 - maintenance or use by unqualified and/or untrained personnel,  

 - use of information and data from the use of software or devices without checking for plausibility and completeness, 

 - unauthorized interventions, such as conversions or technical modifications by the user,  

 - unauthorized deactivation of safety devices,  

 - use of reagents from other manufacturers on devices that have been purchased or otherwise provided by GVB-geliMED,  

 - use of spare parts or accessories from other manufacturers or  

 - use of hardware or software configurations from other manufacturers, i.e. lack of compatibility of the GVB-geliMED software with third-party configurations,  

 - delays in delivery or delivery failures as a result of statutory or official export restrictions or the behavior of third parties in this regard.

Statute of limitations: Claims against GVB-geliMED arising from or in connection with deliveries and services shall become statute-barred after one year or, in the case of reagents, at the latest upon expiry of their minimum shelf life. Otherwise, the statutory limitation periods shall apply.

12. Newsletter 

With your consent, we will send newsletters by e-mail to the e-mail address you have provided. You can revoke this consent at any time by clicking on the unsubscribe link contained in each newsletter or by sending us an e-mail. Your personal data will be processed in accordance with the statutory provisions. Further information on this can be found in our privacy policy.

13. Place of performance and jurisdiction  

The place of performance is Bad Segeberg. The place of jurisdiction for all proceedings in connection with this contract is Kiel. However, we are also entitled to bring an action at the buyer's place of business. The law of the Federal Republic of Germany shall apply.

14. Choice of law

The law of the Federal Republic of Germany shall apply.

Court and arbitration clause: For all disputes in connection with or concerning the validity of an agreement for the provision of goods and services, - if all contracting parties have their registered office within Germany, ordinary court proceedings shall be conducted with exclusive jurisdiction in Lübeck, - if one contracting party has its registered office outside Germany, arbitration proceedings shall be conducted in accordance with the arbitration rules of the Lübeck Chamber of Industry and Commerce, excluding recourse to the ordinary courts of law. The place of arbitration is 23795 Bad Segeberg, the language of arbitration is German and English.

15. Use of electronic signatures 

Unless otherwise agreed between us and the client, the possibility of using a simple electronic signature in accordance with Art. 3 No. 10 eIDAS Regulation shall apply to all signatures to be provided. This simple electronic signature can be used as follows - scanned signature - signature manually on screen For all legally binding contractual and order matters, the written form requirement pursuant to Section 126 of the German Civil Code (BGB) shall continue to apply.

16. Partial invalidity  

Should individual provisions be or become void, ineffective or contestable, the remaining provisions shall remain unaffected and shall then be interpreted or supplemented in such a way that the intended economic purpose is achieved as precisely as possible in a legally permissible manner. This also applies to any gaps that may need to be filled.

17. Documents provided  

We reserve the property rights and copyrights to all documents provided to the customer in connection with the placing of the order - also in electronic form - such as calculations, drawings etc.. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer's offer within the period specified in point 2, these documents must be returned to us immediately.

18. Information  

We supply you with high-quality, complex medical technology accessories. Despite all care taken in the production of our goods, we can only provide general information and information on the medical effects of the goods on patients. This also applies to the product information prepared by us in the form of catalogs, websites, etc. The choice of accessories and their use in individual cases is the sole responsibility of the medical user.