General Terms and Conditions and Customer Information

  • I. General Terms and Conditions
    • § 1 Fundamental Provisions
      • (1) The following terms and conditions apply to contracts that you conclude with us as the provider (Med Zenith GmbH) via the website https://zenithdental.eu/. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is contradicted.
      • (2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
    • § 2 Formation of the Contract
      • (1) The subject of the contract is the sale of goods.
        Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
      • (2) You can submit a binding purchase offer (order) via the online shopping cart system. In doing so, the goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview. Before sending the order, you have the opportunity to check the details in the order overview again, change them (also via the "back" function of the Internet browser) or cancel the order. By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order for a fee" or similar designation), you submit a binding offer to us. You will first receive an automatic email about the receipt of your order, which does not yet lead to the conclusion of the contract.
      • (3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
      • (3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
    • § 3 Right of Retention, Retention of Title
      • (1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
      • (2) The goods remain our property until the purchase price has been paid in full.
      • (3) If you are an entrepreneur, the following applies additionally:
        • a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
        • b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
        • c) In the event of combination and mixing of the reserved goods, we shall 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.
        • d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
    • § 4 Warranty
      • (1) The statutory liability rights for defects exist.
      • (2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
      • (3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
      • (4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
        • a) Only our own details and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public praise and statements by the manufacturer.
        • b) In the event of defects, we shall provide a warranty at our discretion by repair or replacement. If the rectification of defects fails, you can, at your choice, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else arises in particular from the nature of the goods or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.
        • c) The warranty period is one year from delivery of the goods. The reduction of the period does not apply:
          • - for culpably caused damages attributable to us arising from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
          • - insofar as we have maliciously concealed the defect or have assumed a guarantee for the quality of the item;
          • - for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
          • - in the case of statutory recourse claims that you have against us in connection with defect rights.
    • § 5 Choice of Law, Place of Performance, Place of Jurisdiction
      • (1) German law shall apply. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).
      • (2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to also call upon the court at another statutory place of jurisdiction remains unaffected by this.
      • (3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
  • II. Customer Information
    • 1. Identity of the Seller
      • Med Zenith GmbH
      • Wilhelmstraße 30G
      • 13593 Berlin
      • Germany
      • Phone: +49 40 28486030
      • E-Mail: info@medzenith.de
      • We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
    • 2. Information on the Formation of the Contract
      • The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Formation of the Contract" of our General Terms and Conditions (Part I.).
    • 3. Contract Language, Storage of the Contract Text
      • 3.1. The contract language is German.
      • 3.2. The complete contract text is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
    • 4. Essential Characteristics of the Goods or Service
      • The essential characteristics of the goods and/or service can be found in the respective offer.
    • 5. Prices and Payment Terms
      • 5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
      • 5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping is promised.
      • 5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
      • 5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
    • 6. Delivery Conditions
      • 6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
      • 6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
      • If you are an entrepreneur, delivery and shipment are at your own risk.
    • 7. Statutory Liability for Defects
      • Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I).
      • These GTC and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
      • Last update: 22.10.2024