Terms and Conditions

AGB DIALABSHOP

Status 2023

§ 1 Scope / Other provisions

1 General

The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as „you“) with Dialabshop, (hereinafter referred to as „Dialab“, „us“ or

„we“), on the Dialabshop website or mobile website.

By using Dialabshop or placing an order, you agree to be bound by the terms and conditions set out herein („the Terms & Conditions“). Please read the Terms and Conditions carefully before placing an order.

The validity of deviating provisions or provisions that go beyond these provisions is excluded. This applies in particular to the customer's general terms and conditions, even if we accept an order from the customer in which the customer refers to its general terms and conditions and/or to which the customer's general terms and conditions are attached and we do not object to this.

The offer of products is subject to the following conditions.

The offering of products or services on Dialabshop at any particular time does not imply or warrant that such products or services will be available at any time. We reserve the right to discontinue any product at any time.

We reserve the right to discontinue any product at any time.

We reserve the right to change the terms and conditions from time to time without notice. The version of the Terms and Conditions applicable to your order will be the version published on Dialabshop at the time you place your order. We do not store or cannot be requested to store the terms and conditions in force at the time of your purchase, so please keep the copy attached to your order confirmation.

We want to provide you with the best possible online experience. For this reason, we need to ensure that our services run smoothly. You therefore agree

  1. not to publish, transmit, distribute, upload or market any information or content that could damage or negatively impact our business, products or services

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  2. not to behave or use equipment in any way that restricts, inhibits or interferes with any other user's use of the Dialabshop Website or jeopardises the security of the Website; and

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  3. not to use any device or module, software, tool, agent, script or other device or mechanism (including but not limited to spiders, bots, crawlers, avatars or intelligent agents) to navigate or browse the Website or copy any content from the Website. We reserve the right to block access to the Website and to close the account of any user who violates this provision or any other policy set out in these Terms and Conditions.

    We reserve the right to block access to the Website and to close the account of any user who violates this provision or any other policy set out in these Terms and Conditions.

2 .

In individual cases, individual agreements made with the buyer

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(including ancillary agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, the content of such agreements shall be governed by a written contract or our written confirmation.

  1. § 312i para. 1 sentence 1 nos. 1, 2 and 3 as well as § 312i para. 1 sentence 2 BGB, which provide for certain obligations of the entrepreneur in the case of contracts in electronic commerce, are waived.

  3. We sell exclusively to persons who, at the time of conclusion of the contract, are acting in the course of their commercial or independent professional activity, as well as to legal persons under public law or special public-law entities.

§ 2 Conclusion of contract / procurement risk

  1. Our offers are subject to confirmation. The contract shall only be concluded when the customer places an order and we confirm this order in writing or commence with its execution.

  2. Our offers are subject to confirmation.

  3. The customer is bound to his purchase offer for a fortnight, unless otherwise stated in his order.

  4. With the conclusion of the contract we – do not assume any procurement risk.

§ 3 Delivery

  1. Partial deliveries are permissible insofar as these are not associated with unreasonable expense for the customer. Partial deliveries may be invoiced individually by us.

§ 4 Prices and payment terms

  1. Unless otherwise agreed in writing, our prices shall apply ex works and plus value added tax at the current rate.

    Payment of the purchase price shall be made in full.

    Payment of the purchase price shall be made exclusively to the account stated in the purchase contract. The deduction of a discount shall only be permissible with a special written agreement. Interest on arrears shall be charged at a rate of 8 % p.a. above the respective base rate. We reserve the right to claim higher damages for default.

    Invoices are to be paid in advance.

    For orders under € 50,- (net) we charge a handling fee of € 12,-. If the customer wishes direct shipping to his customers, we charge a handling fee of € 5,- per shipping address.

  2. For orders below € 250,- (net), as well as for domestic shipping, shipping costs will be charged according to the current parcel shipping costs or forwarding costs. The same applies to goods that are specially marked in our sales lists or are not included there, or whose prices are agreed separately.

  3. If, as a gesture of goodwill, we agree to take back the goods, we may charge a handling fee of 15% of the value of the goods, subject to a minimum of 20 euros, for checking and restocking the goods. For sterile items and diagnostics, any recovery is excluded.

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  4. In the case of an agreed SEPA direct debit procedure, the 14-day period for information prior to the collection of a due payment may be shortened to a maximum of one day prior to the debit in order to facilitate payment transactions. If the Buyer is responsible for any reversals, the Buyer shall reimburse us for the costs incurred thereby.

§ 5 Delivery period

The start of the delivery period stated by us presupposes the timely and proper fulfilment of the customer's obligations. We reserve the right to plead non-fulfilment of the contract.

If the customer is in default of acceptance or culpably breaches other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

Further statutory claims and rights of the customer due to a delay in delivery shall remain unaffected.

§ 5 Delivery delays / fixed date transaction / consequences of delay

  1. Operational disruptions, insofar as they were not foreseeable, as well as strikes, lockouts, official orders and other cases of force majeure shall release us from the obligation to deliver for the duration of the disruption and to the extent of their effect. If delivery is delayed by more than 2 weeks as a result of this, each of the parties shall be entitled to withdraw from the contract with regard to the quantity affected by the delivery disruption, to the exclusion of all further claims.

  2. The customer must make complaints about transport damage within 5 days. The customer must have a damage report drawn up in accordance with the freight carrier's specifications.

  3. If the delivery date has not been expressly agreed in writing as being „fixed“, a delivery shall be made in accordance with the contract if it arrives at the customer's premises within one week of the non-binding delivery date.

  4. The customer may only withdraw from the contract within the framework of the statutory provisions if we are responsible for the delay in delivery. This provision does not imply any change in the burden of proof to the detriment of the customer. At our request, the customer is obliged to declare within two weeks whether he is withdrawing from the contract due to a delay in delivery or insisting on delivery and/or claiming damages.

§ 7 Defects / Claims in the event of defects

  1. The customer must immediately check whether the delivered goods correspond to the contractually agreed quantity and quality. Detectable defects must be reported immediately, non-detectable defects immediately after discovery, stating the order data and invoice number. The customer may not refuse to accept the delivery items due to insignificant defects.

  2. We can remedy defects in the delivery items at our discretion by supplying a new delivery item free of defects or by remedying the defect.

  3. If the new delivery or the removal of the defect fails, is impossible, is refused by us, is unreasonable for the customer or is not carried out by us within the reasonable period set by the customer, the customer may withdraw from the contract or demand a reduction. The customer may also withdraw from the contract immediately if there are special circumstances which justify this, taking into account the interests of both parties.

§ 7 Limitation of liability

  1. We shall be liable for damages insofar as these are: a) caused intentionally or by gross negligence on our part, or; b) caused by slight negligence on our part and are attributable to essential breaches of duty; which jeopardise the achievement of the purpose of the contract, or to the breach of obligations the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may rely.

    Otherwise, our liability is excluded irrespective of its legal basis, unless our liability is mandatory by law, in particular due to injury to life, body or health of a person, assumption of a guarantee, fraudulent concealment of a defect or under the Product Liability Act. Guarantees by us shall only be made in writing and shall be designated as such.

  2. In the case of paragraph (1) b) as well as in the case of gross negligence by simple vicarious agents of us (i.e. not organs or executive employees), we shall only be liable to a limited extent for the damage typically foreseeable for a contract of this type.

    3. .

  3. In the cases of paragraph (2), liability for indirect damage, consequential harm caused by a defect and loss of profit is excluded. The parties assume for the cases of paragraph (2) that the typically foreseeable damage for all cases of damage arising within the scope of an order corresponds at most to the agreed net remuneration for the order concerned.

  4. The limitations of liability in paragraphs (1) to (3) shall also apply to claims against employees and agents of ours.

§ 2 Offer and conclusion of contract

If an order is to be regarded as an offer pursuant to Section 145 of the German Civil Code (BGB), we may accept it within two weeks.

§ 3 Überlassene Unterlagen

We reserve the property rights and copyrights to all documents provided to the customer in connection with the placing of the order, including in electronic form, such as calculations, drawings, etc. These documents shall not be passed on to third parties without our prior written consent. These documents

§ 9 Retention of title

  1. We retain title to the delivery items (goods subject to retention of title) until all claims we have against the customer arising from the business relationship have been fulfilled

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Claims shall be reserved. The taking of goods subject to retention of title shall only constitute a withdrawal from the contract if we have expressly declared this in writing.

7. Payment methods

We offer the following payment methods:

Payment before delivery Card payment

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When you place the order, you can pay with a valid credit or debit card (VISA, Mastercard or American Express) and enter the card information. The corresponding amount will be reserved on your card immediately, but will not be debited until the goods have been dispatched from our warehouse. Dialabshop reserves the right to check the validity of the card, the available credit in relation to the order value and the address details of the buyer. Based on the results of this check, we may also reject orders.

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PayPal

If you use the PayPal payment method, the corresponding amount will be reserved immediately in your PayPal account, but will not be debited until the goods have been dispatched from our warehouse.

Dialabshop reserves the right to check the validity of the PayPal account, the credit balance to cover the order value and the billing address of the buyer. Based on the results of this check, we may also reject orders.

Other

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Other

You will receive the legally required invoice in the by e-mail.

§ 10 Jurisdiction

  1. The legal relationship between the customer and us shall be governed exclusively by German law (excluding any references to other legal systems and the UN Convention on Contracts for the International Sale of Goods).

  2. The place of performance for the mutual obligations is Lörrach.

  3. If the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes between the parties arising from or in connection with the business relationship shall be the courts having jurisdiction for Lörrach. The same shall apply if the customer does not have a general place of jurisdiction in Germany, moves his place of residence or customary place of abode out of Germany after conclusion of the contract or his place of residence or customary place of abode is not known at the time the action is brought. The statutory place of jurisdiction for dunning proceedings and other statutory places of jurisdiction which cannot be deviated from by agreement between the parties shall remain unaffected. We are also entitled to sue the customer at his general place of jurisdiction.

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