Terms and Conditions

1 Scope and providerM

1. Aktivamed BV is a company incorporated under Dutch law. The general terms and conditions (GTC) listed on this page apply to all deliveries from this shop. The most recent version found here is always valid. By placing an order, the customer acknowledges the exclusive validity of these general terms and conditions.

These General Terms and Conditions apply to all orders that you place at the online shop of

Direct number for customers from Germany
Managing Director: Dr. M. Radecki
Email: shop@aktivamed.de

make.

2. The range of goods offered in our online shop is aimed exclusively at buyers who are at least 18 years old.

3. Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed upon again. The inclusion of any customer's General Terms and Conditions that contradict our General Terms and Conditions is hereby expressly rejected.


4. The contract language is exclusively German.

5.You can access and print the currently valid General Terms and Conditions on the website www.aktivamed.com.

2 Conclusion of contract

  1. The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

  2. By clicking the button “Order now” you submit a binding offer to purchase (§ 145 BGB).

  3. Upon receipt of your purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

  4. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you - without prior express declaration of acceptance.

3 prizes

The prices stated on the product pages include value added tax (VAT) and other price components and are exclusive of the respective shipping costs.

4 Terms of payment; default

  1. Payment can be made by: direct debit (only in Germany)

    • PayPal
    • credit card (Visa/MasterCard)
    • Prepayment
    • The invoice
    • Existing customers have the option to exchange their delivery for An invoice is payable within 8 days of receipt of the goods. Delivery to new customers is only possible upon payment by credit card or advance payment.

  2. If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.

  3. When paying by credit card, the purchase price is reserved on your credit card at the time of ordering ("authorization"). Your credit card account will be charged at the time we ship the goods to you.

  4. If you pay by direct debit, you may be liable for any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank details provided by you.

  5. If you default on a payment, you are obligated to pay statutory default interest at a rate of 5 percentage points above the base interest rate. You will be charged a reminder fee of €5 for each reminder letter sent to you after the default occurs.

5 Set-off / Right of retention

  1. You are only entitled to a right of set-off if your counterclaim has been legally established or is not disputed by us.

  2. You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

6 Delivery; Retention of Title

  1. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provide.

  2. The goods remain our property until the purchase price has been paid in full.

  3. If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following additionally applies:

    • We retain title to the goods until all claims arising from the current business relationship have been fully settled. Prior to transfer of title to the reserved goods, pledging or transferring ownership as security is not permitted.
    • You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice. We accept the assignment, but you are authorized to collect the claims. If you fail to properly fulfill your payment obligations, we reserve the right to collect the claims ourselves.
    • If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
    • We undertake to release the securities to which we are entitled upon request, provided the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.

7 Right of withdrawal

Cancellation policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you make the purchase for a purpose that cannot be attributed to a commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal

You may revoke your contractual declaration within 14 days of receipt of the goods without stating reasons in text form (e.g. letter, fax, email) or - if the item is handed over to you before the expiry of the period - by returning the item. The period begins upon receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paras. 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations pursuant to § 312g para. 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB (Introductory Act to the German Civil Code). To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time. The cancellation must be addressed to:

Email address: shop@aktivamed.de

Consequences of revocation

In the event of an effective cancellation, both parties must return the services received and surrender any benefits derived (e.g., interest). If you are unable to return the service received in whole or in part, or only in a deteriorated condition, you may be required to compensate us for the value. You only have to compensate us for the deterioration of the item if the deterioration is due to handling of the item that goes beyond checking its properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store. Items that can be sent by parcel post are to be returned at our risk. You are responsible for the return shipping costs if the delivered goods correspond to those ordered and if the price of the returned item does not exceed EUR 40.00, or if, in the case of a higher price, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. For you, the period begins upon dispatch of your cancellation notice or the item; for us, it begins upon receipt.

End of the cancellation policy

  1. Please avoid damage and contamination. Please return the goods to us in their original packaging, if possible, with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging to adequately protect the goods against transport damage to avoid claims for damages caused by inadequate packaging.
  2. Please return the goods to us as an insured parcel and retain the delivery receipt. We will also be happy to reimburse you for the postage costs in advance upon request, provided you are not responsible for them.
  3. Please call us at +49 (0) 221 7522609 before returning the item to notify us of the return. This will allow us to allocate the products as quickly as possible.
  4. Please note that the modalities mentioned in paragraphs 1 to 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
  5. You shall bear the regular costs of return if the price of the item to be returned does not exceed EUR 40.00 or if, in the case of a higher price of the item, the purchase price or a partial payment has not yet been made at the time of cancellation, unless the goods delivered do not correspond to those ordered.

8 Right of return

Return instructions

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you make the purchase for a purpose that cannot be attributed to a commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of return

You may return the goods received within two weeks without giving any reason by returning the goods. This period begins upon receipt of this instruction in text form (e.g., by letter, fax, or email), but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paras. 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations pursuant to § 312e para. 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. Only in the case of goods that cannot be sent by parcel (e.g., bulky goods) can you declare the return by requesting return in text form. To meet the deadline, the timely dispatch of the goods or the return request is sufficient. In any case, the return is at our expense and risk. The goods must be returned to:

Email address: shop@aktivamed.de

Return consequences

In the event of a valid return, both parties must return any services received and surrender any benefits derived (e.g., benefits of use). In the event of deterioration of the goods, compensation can be demanded. This does not apply if the deterioration of the goods is solely due to their inspection – as would have been possible in a store, for example. Furthermore, you can avoid the obligation to pay compensation for deterioration caused by the intended use of the item by not using the goods as if they were your own property and refraining from anything that could impair their value. Obligations to refund payments must be fulfilled within 30 days. For you, this period begins upon dispatch of the goods or the request for return; for us, it begins upon receipt.

End of return instructions

  1. Please avoid damage and contamination. Please return the goods to us in their original packaging, if possible, with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging to adequately protect the goods against transport damage to avoid claims for damages caused by inadequate packaging.
  2. Please return the goods to us as an insured parcel and retain the delivery receipt. We will also be happy to reimburse you for the postage costs in advance upon request, provided you are not responsible for them.
  3. Please note that the modalities mentioned in paragraphs 1 and 2 above are not a prerequisite for the effective exercise of the right of withdrawal.
  4. You will find all documents that may be helpful for your return along with the delivery note in your shipment.

9 Transport damage

  1. If goods are delivered with obvious transport damage, please report such defects immediately to the deliverer and contact us as soon as possible.

  2. Failure to file a complaint or contact us will not affect your statutory warranty rights. However, it will help us assert our own claims against the carrier or transport insurance.

10 Warranty

  1. For end users, the warranty complies with statutory provisions.

  2. If you are an entrepreneur, the legal provisions apply with the following modifications:

    • Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements or other advertising by the manufacturer.
    • You are obligated to inspect the goods promptly and with due care for any deviations in quality and quantity, and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. Failure to inspect and notify defects will void the assertion of warranty claims.
    • In the event of defects, we will provide warranty at our discretion through repair or replacement (subsequent performance). In the event of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not comply with the intended use of the goods.
    • If the subsequent performance fails twice, you can, at your discretion, demand a reduction in price or withdraw from the contract.
    • The warranty period is one year from delivery of the goods

11 Liability

  1. Unlimited liability: We are liable for intent and gross negligence. We are liable for slight negligence in accordance with the Product Liability Act, as well as for damages resulting from injury to life, body, or health.

  2. Limitation of Liability: In cases of slight negligence, we are only liable for the breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligation). This limitation of liability also applies to our vicarious agents.

12 Final provisions

Should one or more provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

These Terms and Conditions are based on a model with copyright from: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 44