General Terms and Conditions for Online Transactions (AGB-Online) of Rudolf Müchling Injektornadeln e.K. Owner Ronald Müchling e.K., Zerpenschleuser Ring 30, 13439 Berlin, Germany
1.1. These general terms and conditions apply to all orders of customers in the online shop of Rudolf Müchling Injektornadeln e.K. Zerpenschleuser Ring 30, 13439 Berlin, Germany (hereinafter referred to as "Rudolf Müchling Injektornadeln e.K.") and supplement the General Terms and Conditions of Rudolf Müchling Injektornadeln e.K. They regulate the conclusion of the contract between Rudolf Müchling Injektornadeln e.K. and an orderer, the execution of closed contracts and the reciprocal rights and obligations.
1.2. The product range in the online shop is aimed exclusively at buyers who are the 18. Year of employment and as an entrepreneur within the meaning of § 1 4 para. 1 BGB (entrepreneur is a natural or legal person or a legal partnership, which in the conclusion of the order in the exercise of their commercial or self-employed professional activity acts).
1.3. The terms and conditions of the company Rudolf Müchling Injektornadeln e.K .; Other conditions do not become part of the contract, even if the company Rudolf Müchling Injektornadeln e.K. does not expressly contradict them. General terms and conditions of the purchaser apply only to the extent that the company Rudolf Müchling Injektornadeln e.K. expressly agreed in writing to them. If deviating conditions between the contracting parties are agreed in writing for the individual case and for certain services, these GTC shall apply subordinate and supplementary.
1.4. The sales or other employees of the company Rudolf Müchling Injektornadeln e.K. are not authorized to make oral subsidiary agreements.
1.5. Unless expressly agreed otherwise, the services and prices offered by Rudolf Müchling Injektornadeln e.K. subject to change. The order of the service is for the company Rudolf Müchling Injektornadeln e.K. only then binding, if they from the company Rudolf Müchling injector needles e.K. confirmed in writing or conclusively accepted by performance or invoicing.
1.6. The company Rudolf Müchling Injektornadeln e.K. reserves the right to know-how, drawings, cost estimates and other documents (in the following: documents). its copyright and exploitation rights without restriction. The documents may only be used with the prior consent of Rudolf Müchling Injektornadeln e.K. Be made available to third parties and are, if the order of the company Rudolf injector needles e.K. is not granted to return this immediately upon request. Sentences 1 and 2 apply accordingly to documents of the purchaser; However, these may be made available to third parties to whom the company Rudolf Müchling Injektornadeln e.K. has legitimately transferred benefits. Business or trade secrets are to be kept strictly confidential.
1.7. The documents, samples or samples belonging to the offer as well as in particular the technical data and descriptions in the respective product information or advertising materials are not binding and have a purely informative character. They do not guarantee the quality or durability of the company Rudolf Müchling Injektornadeln e.K. goods to be delivered or other services to be provided.
1.8. Partial services are permissible insofar as they are reasonable for the purchaser.
1.9. The term "claims for damages" in these terms and conditions also includes claims for reimbursement of futile expenses.
- Provider and contractor
Provider of the online shop is and contract partner of the customer is:
Company: Rudolf Müchling Injektornadeln e.K.
Owner: Ronald Müchling
Telephone: +49 (0) 30 41 70 14 35
Fax: +49 (0) 30 53 06 92 50
Register COURT: Local Court wedding
VAT ID: DE281635332
III. Contract conclusion, contract language and storage of the contract text
3.1. Conclusion of orders for orders via our online shop
3.1.1. The presentation of the goods in our online shop is not a binding offer to the purchaser, but merely represents an online sales prospectus.
3.1.2. The submission of the order (of the online order form) by the purchaser constitutes a binding offer of the purchaser to Rudolf Müchling Injektornadeln e.K. to conclude a purchase contract for the goods contained in the order at the conditions communicated with the order. By clicking on the button "Jetzt zahlungspflichtig bestellen" you are making a binding purchase offer (§ 145 BGB).
3.1.3. After receiving the order, Rudolf Müchling sends injector needles e.K. the customer an e-mail, the receipt of the order by Rudolf Müchling Injektornadeln e.K. confirmed and details (order confirmation). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about by the acknowledgment of receipt yet.
3.1.4 A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase offer or if we ship the goods to you without prior express acceptance.
3.2. Contract language and storage of the contract
3.2.1. The contract can currently be made only in German.
3.2.2. The contract text (the order) of an orderer is stored by us. However, this saved contract text is not accessible to the purchaser. The buyer has however the possibility to archive the contract text of his order according to the following regulations.
3.2.3. The customer can view the terms and conditions on the homepage under *** and these terms and conditions for online transactions in the online shop at any time in the current version; outdated versions are not kept there. The customer may also print or store this document, e.g. by the usual functions of its program for the consideration of Internet sides (= Browser: there usually "file" -> "print" or "Save as") uses.
- Prices, shipping costs and payment terms
4.1. All prices quoted in our online shop include the statutory value added tax. All prices are ex warehouse including packaging and plus all arising shipping and possibly Delivery costs.
4.2. Shipping costs: A list of the individual shipping costs can be found here. For orders via our online shop fall for Selbstabholer no deployment costs.
4.3. Please note when ordering from Switzerland or other countries, which import duty, that Rudolf Müchling injector needles e.K. does not affect the amount of customs duties or taxes payable by your country. In this case, please inform yourself about the costs incurred by you for an order, which are only charged when the goods are imported into your country. These fees are not charged by Rudolf Müchling Injektornadeln e.K. are also not included in the shipping fees.
4.4. The customer can choose between the following payment methods: Invoice, advance payment, sofortbanking, cash on delivery, PayPal or credit card.
4.5 If you select the payment method in advance we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days after receipt of the order confirmation.
4.6 When paying by credit card, the purchase price is reserved on your credit card at the time of order ("authorization"). The actual charge on your credit card account will be at the time we ship the goods to you.
4.7 If you pay by direct debit, you may have to bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds or due to incorrectly transmitted bank details.
4.8 If you are in default of payment, you are obliged to pay the statutory default interest in the amount of 9 percentage points above the base rate. In addition, there is a claim to payment of a lump sum of 40 euros. The assertion of further damages remains reserved.
5.1. The delivery takes place by shipment from the warehouse to the delivery address communicated by the customer or by agreement by pick-up by the customer in our shops (pick-up).
5.1.1. In the case of pickup, the customer receives a separate notification by e-mail that the ordered goods are ready for pickup. If the goods are not collected within one week of receipt of the notification that the goods are ready for collection, Rudolf Müchling Injektornadeln e.K. entitles the customer to set a reasonable period by e-mail to pick up the goods. If the customer does not collect the goods within this period, Rudolf Müchling Injektornadeln e.K. entitled to withdraw from the contract. If Rudolf Müchling Injektornadeln e.K. makes use of this right of withdrawal, Rudolf Müchling Injektornadeln e.K. inform the purchaser immediately by e-mail or in writing; Payments already made by the customer will also be refunded immediately.
5.1.2. In the case of delivery to the purchaser, the following points apply. 5.2. to 5.3.
5.2. If Rudolf Müchling Injektornadeln e.K. accepts the order of the customer, the delivery of the goods will be promptly made after receipt of the order.
5.3. Delivery in advance: For orders against payment in advance, the delivery takes place only after complete receipt of money at Rudolf Müchling Injektornadeln e.K .. In case of pre-order, Rudolf Müchling Injektornadeln e.K. no reservation of the ordered goods until receipt of payment for the customer. Should there be delays in delivery, e.g. because the ordered goods are sold out in the meantime and must be ordered again, Rudolf Müchling Injektornadeln e.K. inform the purchaser immediately.
- transport damage
6.1. As far as the delivery is made to the delivery address communicated by the customer, Rudolf Müchling Injektornadeln e.K. a freight company (e.g. GLS or UPS). The risk that the goods will go down or be damaged during transport is borne by law in relation to the customer Rudolf Müchling Injektornadeln e.K., unless the customer is in default of acceptance.
6.2. So that Rudolf Müchling injector needles e.K. Any claims for transport damage to the transport company can be secured, externally visible transport damage must be indicated to the parcel carrier upon delivery of the order; externally unrecognizable transport damage must be reported to the transport company by the customer at the latest within 7 days after delivery by the transport company, as otherwise by Rudolf Müchling Injektornadeln e.K. it is assumed that the order was shipped without damage in transit. Rudolf Müchling injector needles e.K. is therefore dependent on your support in this context.
6.2.1. Outwardly recognizable transport damage: Basically, there is no obligation for you to open the package upon delivery and to examine for transport damage. However, if transport damage is reasonably likely, e.g. because the package is noticeably damaged, compressed or torn from the outside, or because the contents of fragile goods clink in the "shake test", you have to open the package in the presence of the parcel courier and check if the contents are damaged. However, the foregoing is limited only to the examination of the goods for readily recognizable transport damage, e.g. whether the goods are broken or deformed or whether goods clash with housing when shaking. If a transport damage is found during this test, it must be reported to the parcel carrier and confirmed by the parcel courier. The postman is obliged to do so. Please leave the goods – if still possible – in the original packaging and do not use them. Please inform us immediately by phone under *** or by email at *** of the damage so that we can take care of the transaction.
6.2.2. Externally unrecognizable transport damage: To ensure that we can protect our rights against the transport company, we ask you to unpack the delivered goods within 4 days of delivery at the latest. When unpacking, make sure that the delivered goods are damaged, please leave the goods – if still possible – in their original packaging and do not use them. Please inform us immediately by phone under *** or by email at *** of the damage so that we can take care of the transaction.
6.2.3. Your warranty claims due to possible transport damage are of course not affected by the above provisions.
VII. Retention of title
7.1. The objects of the services remain up to the fulfillment of all claims against the orderer from the business connection property of the company Rudolf Müchling Injektornadeln e.K .. As far as the value of all security interests, the company Rudolf Müchling injector needles e.K. the amount of all secured claims exceeds 20%, the company Rudolf Müchling Injektornadeln e.K. release a corresponding part of the security rights at the request of the ordering party; Company Rudolf Müchling Injektornadeln e.K. is the choice in the release between various security interests.
7.2. During the existence of the retention of title, the purchaser is prohibited from pledging or transferring security and resale only resellers in the ordinary course of business and only on the condition that the reseller receives payment from his purchaser or makes the reservation that the ownership of the purchaser passes first, if he has fulfilled his payment obligations. The right of resale may be assigned to Rudolf Müchling Injektornadeln e.K. revoked if the customer stops the payments, if the customer is in default of payment or if there are actual indications of a deterioration in assets after the conclusion of the contract or other facts after the conclusion of the contract, justifying the assumption that the claim was filed by Rudolf Müchling Injektornadeln e.K. is endangered by the lack of performance. For goods in which Rudolf Müchling Injektornadeln e.K. the (co-) ownership is due, the purchaser hereby assigns to the company Rudolf Müchling Injektornadeln e.K. his claims, which result from the resale or any other legal reason, to the amount of the invoice value of the corresponding delivery item. from. The company Rudolf Müchling Injektornadeln e.K. intends the assignment. At the request of the company Rudolf Müchling Injektornadeln e.K. the customer is obliged to give written declaration of assignment. The purchaser is revocably authorized to collect the assigned claims in his own name in the ordinary course of business. The direct debit authorization may be revoked under the same conditions as the right of resale in the ordinary course of business.
7.3. A connection, mixing or processing of the delivery item always takes place for the company Rudolf Müchling Injektornadeln e.K. as a manufacturer, but without obligation for this. If (co-) ownership lapses due to combination, mixing or processing, it is already agreed that the (co-) ownership of the new item shall be proportional to the ratio of the invoiced amounts of the connected, mixed or processed products to Rudolf Müchling Injektornadeln eK passes. The customer keeps the (co-) property free of charge for the company Rudolf Müchling Injektornadeln e.K .. The new thing is reserved goods within the meaning of this provision. If the reserved goods are sold or installed in order to fulfill a contract, the customer hereby assigns the resulting purchase price or work wage claims to Rudolf Müchling Injektornadeln e.K. regardless of whether the reserved goods without or after processing, whether alone or together with third-party property or whether it is delivered to one or more customers. Ancillary claims that are related to retained goods, in particular insurance claims, are assigned to the same extent. The company Rudolf Müchling Injektornadeln e.K. accepts the assignment.
7.4. In the case of foreclosure measures, attachments, seizures or other dispositions or interventions by third parties, the purchaser has ordered the company Rudolf Müchling Injektornadeln e.K. to notify immediately so that they may be to seek legal assistance.
7.5. In the event of breaches of duty by the customer, in particular default of payment, the company Rudolf Müchling Injektornadeln e.K. after unsuccessful expiry of a reasonable period for performance set to the purchaser, in addition to the withdrawal, also entitled to rescind; the statutory provisions on the dispensability of a deadline remain unaffected. The purchaser is bound to the publishing.
7.6. In the redemption or the assertion of the retention of title or the seizure of the reserved goods by the company Rudolf Müchling Injektornadeln e.K. There is no withdrawal from the contract, unless the company Rudolf Müchling Injektornadeln e.K. has stated this explicitly.
7.7. The customer is obliged to insure the reserved goods against fire, water and theft; he is obliged to inform Rudolf Müchling Injektornadeln e.K. on request to prove the conclusion of a corresponding insurance.
VIII. Inspection obligation of the customer
Despite all care, Rudolf Müchling Injektornadeln e.K. In the case of the acceptance and processing of orders and the delivery to the purchaser, individual deliveries may be incorrect. Before installing or altering a purchased item (e.g. Painting), the customer has to compare the purchased item – as far as possible – on sight with the original, which is to be replaced by the new item. If no original is to be replaced, the customer has to make a visual check to see whether the purchased item fits the intended use. If the delivered merchandise visibly deviates from the original in the dimensions, in the form or the material or does not appear to fit, the customer has to contact Rudolf Müchling Injektornadeln e.K. before installing or adjusting or redesigning the purchased item. The warranty claims of the customer are not affected by the above regulations.
- Deadlines for services; delay
9.1. The delivery and service time is not binding, unless otherwise agreed in writing. The observance of deadlines for services requires the timely receipt of all documents to be supplied by the customer, necessary approvals and approvals, in particular of plans, as well as the adherence to the agreed terms of payment and other obligations by the customer. Only when these conditions are met will the delivery and service periods begin. If these conditions are not fulfilled in time, the deadlines will be extended accordingly.
9.2. Failure to meet the deadlines for force majeure, z. Mobilization, war, rebellion, or similar events, e.g. As labor disputes, lockouts, as well as to all other circumstances, the company Rudolf Müchling Injektornadeln e.K. is not responsible, especially in committee of an important piece of work, attributable to one of the company Rudolf Müchling Injektornadeln e.K. promised delivery and performance period accordingly appropriate. If, due to an event of force majeure, the company Rudolf Müchling Injektornadeln e.K. taken over delivery or performance impossible, the company Rudolf Müchling Injektornadeln e.K. free from its delivery and service obligations; Incidentally, the cancellation rules apply. The company Rudolf Müchling Injektornadeln e.K. is obliged to inform the customer immediately about the occurrence of an event of force majeure. Events of force majeure in the sense described above release the company Rudolf Müchling Injektornadeln e.K. also from the assumed obligations, if they only at the time of a default on the fulfillment obligations of the company Rudolf Müchling Injektornadeln e.K. act.
9.3. Unless otherwise agreed in writing, the delivery and performance time is respected if the delivery or service item has been shipped or the orderer has been notified of readiness for shipment and completion by the time the order expires. The company Rudolf Müchling Injektornadeln e.K. strives, as far as agreed, to have the shipment of the goods carried out as quickly as possible.
9.4. If the promised service is not available because Rudolf Müchling Injektornadeln e.K. was not supplied to its subcontractors, the company Rudolf Müchling Injektornadeln e.K. entitled to render a service equivalent in quality and price with only insignificant and customary changes. If this is not possible, Rudolf Müchling Injektornadeln e.K. withdraw from the contract. The company Rudolf Müchling Injektornadeln e.K. In this case, the purchaser will be informed immediately of the unavailability and will immediately reimburse any payment already made by the purchaser.
9.5. Claims for damages of the customer due to delay of the service or damages instead of the performance are excluded in all cases of delayed performance, even after expiry of a set period for performance. This does not apply if liability is mandatory in cases of intent, gross negligence or injury to life, limb or health. The customer may – except in the case of a material defect – only in the case of one of the company Rudolf Müchling Injektornadeln e.K. resignation for breach of duty. A change in the burden of proof to the detriment of the customer is not connected with the above regulations.
9.6. The customer is obliged to request by the company Rudolf Müchling Injektornadeln e.K. to declare, within a reasonable time, whether he is withdrawing from the contract or insisting on performance because of the delay in performance.
9.7. If shipping or delivery is delayed by more than one month after notification of readiness for shipment at the request of the customer, the customer may be charged storage fee of 0.5% of the price of the goods of the services for a maximum of 5% in each additional month started , The proof of higher or lower storage costs remains to the contracting parties.
10.1. Due to insignificant defects, the customer may not refuse to accept services. It is § 377 HGB with the proviso that defects that are obvious or come to light in a proper examination, at the latest eight days after delivery of the goods to the buyer must be notified in writing. Hidden defects must be reported in writing no later than eight days after their discovery.
10.2. Claims for material defects expire after 12 months from the date of transfer of risk. This does not apply in cases of injury to life, limb or health and in case of intentional or grossly negligent breach of duty by the company Rudolf Müchling Injektornadeln e.K. as well as with malicious concealment of a defect.
10.3. All those parts or services are optional of the company Rudolf Müchling Injektornadeln e.K. initially repaired free of charge, to deliver new or to provide new, which have a material defect within the limitation period, if the cause was already at the time of transfer of risk. In the case of software defects, the instruction to circumvent the effects of the defect also applies as sufficient supplementary performance.
10.4. If the subsequent fulfillment fails, the customer can – without prejudice to any claims for damages according to Art. VII – withdraw from the contract or reduce the remuneration accordingly.
10.5. Claims for defects do not exist in case of insignificant deviation from the agreed quality, in case of insignificant impairment of usability, natural wear or damage after the transfer of risk due to faulty or negligent treatment, use of unsuitable equipment, defective construction work, overvoltage, lightning strike, etc. External influences, as well as by improperly made changes or repair work and improperly performed maintenance in accordance with the operating instructions have arisen.
10.6. In the case of complaints, the customer may withhold payments only to the extent that is in reasonable proportion to the material defects that have occurred. If the complaint was wrongly made, Rudolf Müchling Injektornadeln e.K. the expenses incurred by the purchaser replaced demand.
10.7. Claims by the purchaser for the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the object of the service is subsequently transferred to a location other than the purchaser's branch unless the shipment complies with its intended use.
10.8. Recourse claims of the customer against the company Rudolf Müchling Injektornadeln e.K. in accordance with § 478 BGB (recourse of the entrepreneur) exist only to the extent that the purchaser has not made any agreements with his customer in excess of the legal claims for defects.
10.9. For damage claims, the rest is Art. IX (other claims for damages). Further or other than the claims of the customer in this Article VII against the company Rudolf Müchling Injektornadeln e.K. and their vicarious agents because of a material defect are excluded.
- Industrial property rights and copyrights; defects in title
11.1. Unless otherwise agreed, the company Rudolf Müchling Injektornadeln e.K. is obliged to render the service free of industrial property rights and copyrights of third parties (hereinafter "property rights") only in the country of the place of delivery. If a third party for the infringement of property rights by the company Rudolf Müchling Injektornadeln e.K. rendered, contractually used services levies legitimate claims against the purchaser, liable the company Rudolf Müchling Injektornadeln e.K. towards the purchaser within the scope of Art. VII point 2 specific period as follows:
- a) The company Rudolf Müchling Injektornadeln e.K. shall, at its discretion, either obtain a right of use at its expense for the services concerned, amend them so that the property right is not violated, or exchange them. Is this the company Rudolf Müchling Injek-tornadeln e.K. The purchaser is not entitled to the legal rights of withdrawal or reduction if conditions are not reasonable.
- b) The duty of the company Rudolf Müchling Injektornadeln e.K. the compensation for damages depends on Art. IX.
- c) The aforementioned obligations of Rudolf Müchling Injektornadeln e.K. exist only if the customer Rudolf Müchling Injektornadeln e.K. immediately notified in writing about the claims asserted by the third party, does not acknowledge an infringement and informs Rudolf Müchling Injektornadeln e.K. all defensive measures and settlement negotiations are reserved. If the customer suspends the use of the service for reasons of mitigation or other important reasons, he is obliged to inform the third party that the cessation of use does not entail the acknowledgment of an infringement of property rights.
11.2. Claims of the purchaser are excluded insofar as he is responsible for the infringement of property rights.
11.3. Claims of the purchaser are also excluded, as far as the infringement of property rights by special requirements of the purchaser, by one of the company Rudolf Müchling Injektornadeln e.K. unpredictable application or caused by the fact that the performance of the customer changed or together with not by the company Rudolf Müchling Injektornadeln e.K. delivered products.
11.4. In the case of infringements of property rights, the provisions of section 1 lit. a) regulated claims of the customer. Incidentally, the provisions of Art. VII accordingly.
11.5. In case of other legal defects, the provisions of Art. VII accordingly.
11.6. Advanced or other than those of this kind. VIII regulated claims of the customer against the company Rudolf Müchling Injektornadeln e.K. and its vicarious agents for a legal defect are excluded.
XII. Other claims for damages; limitation
12.1. Claims for damages and reimbursement of expenses of the customer, for whatever legal reason, in particular for breach of duties arising from the obligation and from tort, as well as indirect and consequential damages are excluded. This also applies to claims arising from negligence on conclusion of the contract.
12.2. This does not apply to claims arising from the Product Liability Act, in cases of intent or gross negligence of the company Rudolf Müchling Injektornadeln e.K. or vicarious agents of the company Rudolf Müchling Injektornadeln e.K. because of injury to life, limb or health or fraudulent concealment of a defect or breach of material contractual obligations. The compensation for the breach of essential contractual obligations is, however, limited to the contractually typical, foreseeable damage, unless there is intent or gross negligence or liability for injury to life, limb or health. Significant contractual obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely.
12.3. The products of Rudolf Müchling Injektornadeln e.K. may not be used in the military or medical field or in aviation without prior written consent.
12.4. Disclaimers or limitations of liability in favor of the company Rudolf Müchling Injektornadeln e.K. also apply to the personal liability of employees, employees, representatives and vicarious agents of Rudolf Müchling Injektornadeln e.K ..
12.5. The statute of limitations of the orderer after this kind. IX claims for damages are based on the statute of limitations of Art. VII, point 2. This does not apply in the cases of Art. IX, point 2, sentence 1. In the case of claims for damages according to the Product Liability Act, the statutory limitation provisions apply. Section 479 BGB remains unaffected.
12.6. A change in the burden of proof to the detriment of the customer is not connected with the above regulations.
XIII. Return of goods
Products made to order are not returned. In the case of exceptions agreed in writing in writing, the costs incurred by the supplier in taking back the products in the technical and commercial area are taken into account in the credit note.
XIV. Place of Performance, Jurisdiction and Applicable Law
14.1. Unless otherwise agreed, the place of performance is Berlin, Federal Republic of Germany.
14.2. The sole place of jurisdiction is, if the customer is a merchant, in all disputes arising directly or indirectly from the contractual relationship Berlin, Federal Republic of Germany. The company Rudolf Müchling Injektornadeln e.K. However, he is also entitled to sue at the customer's registered office.
14.3. For the legal relations in connection with this contract German substantive law applies exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14.4. The company Rudolf Müchling Injektornadeln e.K. stores the data of its customers and customers in the context of mutual business relations in accordance with the Federal Data Protection Act.
- Binding nature of the contract
The contract remains binding even in the case of legal ineffectiveness of individual provisions in its other parts. This does not apply if the adherence to the contract would constitute an unreasonable hardship for a party. All information contained in the catalogs, brochures, price lists, internet pages or other advertising material of the supplier is only approximate; to the best of our knowledge and belief they are the property of Rudolf Müchling Injektornadeln e.K. established. Later required changes remain reserved.
Rudolf Müchling injector needles e.K.
Owner Ronald Müchling
Zerpenschleuser Ring 30
As of January 2018