General terms and conditions
General terms and conditions (with statutory required information)
For the use of our online shop at sanitas-online.de and the contracts concluded with us there, the general terms and conditions (GTCs) apply exclusively. They contain both required information about rights and obligations in accordance with legal provisions regarding contracts in distance selling and electronic business.
2. Provider/your contracting partner
The provider of the online shop and your contracting partner is:
Söflinger Strasse 218
Tel.: +49 (731) 3989-0
Fax: +49 (731) 3989-139
represented by the Managing Directors, Marco Bühler, Sebastian Kebbe, Oliver Neuschl
Ulm district court, HRB 722213
VAT identification number: DE 147040787
3. Order; conclusion, text and language of contract
The presentation of goods in the online shop poses no legally binding offer for the conclusion of sales contracts, but rather a non-binding invitation to order goods from us.
The following technical steps lead to the conclusion of a contract:
You can place the goods presented on our product pages into the cart by clicking the “Add to cart” button. Click on the corresponding button to access “Go to cart”.
If in the shopping cart you click on the corresponding button “Go to checkout” and, after inputting and checking the data necessary for fulfilling the order at the end of the online order form, you click on “Buy now” button, you are providing a legally binding offer to the conclusion of a purchase contract regarding the items you placed in your shopping cart. You can correct possible input errors in the shopping cart by either changing the number of items or removing the items entirely by clicking the “Remove” button before clicking on “Go to checkout”.
Immediately after we have received your contract offer, we will send you a confirmation of receipt via e-mail. This does not imply acceptance of your contract offer. A purchase contract only comes into force if you receive our declaration of acceptance which follows shortly after confirmation of receipt (order confirmation). Should we not accept your contract offer in individual cases, we will notify you of this within two working days following receipt of your order via e-mail.
For the conclusion of the contract, English can be used.
The contract text consisting of your specific order details and these general terms and conditions will be stored by us and sent to you together with the order confirmation. You can also view the general terms and conditions at any time in our online shop. An overview of submitted orders is accessible to registered customers there, following login, in the customer account area.
4. Price/shipping and other costs/payment
The prices specified in the online shop are in euros and include the relevant statutory value added tax (VAT). They do not include shipping costs, duties or other additional charges.
Additionally, for each order we calculate a shipping cost flat rate which you can immediately see for the goods presented in the online shop via the link regarding shipping costs and which we separately specify in your cart.
You can pay via bank transfer in advance (prepayment), credit card or via the PayPal payment service.
If payment takes place via credit card or PayPal, your account will be charged with the invoice amount on payable date. For all remaining contract matters, especially for the execution of the statutory right to withdraw or defect rights, we remain your immediate responsible contact person.
5. Reservation of title
The goods remain our property up until full payment. Before transfer of ownership, pledges, collateral assignment, processing or changes without our agreement are not permissible.
6. Delivery/service interruptions
We deliver to Belgium, Bulgaria, Denmark, Germany, Finland, France, Greece, Great Britain, Ireland, Italy, Croatia, Lithuania, Malta, Netherlands, Norway, Austria, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus. For international deliveries, in particular packages (without tracking numbers), delivery may take up to 10 working days. In the event of potentially deviating delivery times, we will separately specify this in the online shop.
In the event of disruptions to the business operations which may be beyond our control, in particular strikes and lockouts as well as instances of force majeure which are due to an unforeseeable and involuntary event, and therefore prevent us from delivering your ordered good within the specified delivery time, the delivery time is extended by the duration of the service disruptions caused by these circumstances. If the corresponding disruptions have the effect that we cannot deliver within a month of receipt or approval of payment, you are legally entitled to withdraw from the contract. Other claims, in particular legal rights to withdraw which you are already entitled to within the time frame of one month, are not affected by this.
7. Right to withdraw for consumers
Insofar as you make purchases purposes for which are largely neither attributed to your commercial nor your independent occupational work, you are therefore ordering from us as consumer, and do not pay us in instalments, you have a right to withdraw in accordance with the following cancellation policy:
RIGHT TO WITHDRAW
YOU HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN FOURTEEN DAYS WITHOUT STATING A REASON.
THE PERIOD FOR THE RIGHT TO WITHDRAW AMOUNTS TO FOURTEEN DAYS FROM THE DAY ON WHICH YOU OR ONE OF THE THIRD PARTIES NAMED BY YOU, WHO IS NOT THE CARRIER, HAVE/HAS HAD OWNERSHIP OF THE GOODS.
TO EXERCISE YOUR RIGHT TO WITHDRAW YOU MUST INFORM US (SANITAS / CO. HATRACO GMBH, PEUTESTRASSE 22A, 20539 HAMBURG, GERMANY, TEL. +49 40 22 63 07 076, FAX +49 40 22 63 07 330, E-MAIL: SHOP@SANITAS-ONLINE.DE) WITH A CLEAR EXPLANATION (E.G. A LETTER SENT BY POST, A FAX OR E-MAIL) OF YOUR DECISION TO WITHDRAW FROM THIS CONTRACT. YOU CAN USE THE SUPPLIED SAMPLE CANCELLATION FORM, BUT THIS IS NOT OBLIGATORY.
TO ADHERE TO THE PERIOD OF THE RIGHT TO WITHDRAW, IT IS SUFFICIENT THAT YOU INFORM US THAT YOU INTEND TO EXERCISE YOUR RIGHT TO WITHDRAW BEFORE EXPIRY OF THE PERIOD FOR THE RIGHT TO WITHDRAW.
CONSEQUENCES OF WITHDRAWAL
SHOULD YOU WITHDRAW FROM THIS CONTRACT, WE MUST REIMBURSE YOU FOR ALL PAYMENTS, INCLUDING DELIVERY COSTS, THAT WE HAVE RECEIVED FROM YOU (WITH THE EXCEPTION OF ADDITIONAL COSTS RESULTING FROM ANOTHER FORM OF DELIVERY YOU MAY HAVE CHOSEN IN PLACE OF THE CHEAPEST STANDARD DELIVERY OFFERED BY US) IMMEDIATELY AND WITHIN FOURTEEN DAYS FROM THE DATE WE RECEIVED INFORMATION OF YOUR INTENTION TO EXERCISE YOUR RIGHT TO WITHDRAW FROM THIS CONTRACT. FOR THIS REPAYMENT, WE SHALL USE THE SAME PAYMENT METHOD THAT YOU USED FOR THE ORIGINAL TRANSACTION, UNLESS EXPRESSLY AGREED OTHERWISE WITH YOU; UNDER NO CIRCUMSTANCES WILL ANY FEES BE CHARGED TO YOU FOR THIS REPAYMENT. WE MAY REFUSE REPAYMENT UNTIL WE HAVE RECEIVED THE GOODS BACK OR UNTIL YOU HAVE PROVIDED PROOF THAT YOU HAVE SENT THE GOODS BACK, WHICHEVER HAPPENS FIRST.
YOU MUST RETURN OR HAND OVER THE GOODS IMMEDIATELY AND IN ANY CASE WITHIN FOURTEEN DAYS FROM THE DAY ON WHICH YOU INFORMED US OF YOUR INTENTION TO EXERCISE YOUR RIGHT TO WITHDRAW FROM THIS CONTRACT. THE PERIOD SHALL BE CONSIDERED ADHERED TO IF YOU SEND THE GOODS BEFORE THE EXPIRY OF THE FOURTEEN DAY DEADLINE. WE ARE RESPONSIBLE FOR THE COSTS FOR THE RETURN OF THE GOODS.
YOU MUST PAY THE COSTS FOR ANY LOSS OF VALUE IN THE GOODS ONLY IF THIS LOSS OF VALUE CAN BE ATTRIBUTED TO YOU UNNECESSARILY HANDLING THE GOODS TO CHECK THEIR CONDITION, CHARACTERISTICS AND FUNCTIONALITY.
Exceptions to the right to withdraw
The right to withdraw does not exist with contracts for delivery of sealed goods which due to reasons for health protection or hygiene are not suitable for returns, if their seal was removed following delivery.
Sample right to withdraw form
(If you wish to cancel the contract, please complete this form and return it to us.)
To: Sanitas, c/o Hatraco GmbH, Peutestrasse 22a, 20539 Hamburg, Germany, TEL. +49 40 22 63 07 076, Fax +49 40 22 63 07 330, E-mail: firstname.lastname@example.org
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the rendering of the following service (*)
Ordered on (*)/received on (*)
Consumer signature(s) (only apples to paper notification)
(*) Delete as appropriate.
8. Claims for defects/liability for compensation
We ask that with the delivery of the goods, material defects which you detect, for example obvious transport damage, be immediately communicated to the delivery person or us. Not notifying of any defects does not affect your legal claims, unless your purchase is for both parts of a commercial transaction and you have a duty notify us of a defect in accordance with Section 377 HGB (German Commercial Code). Your immediate notification of a defect allows us to make our own claims against the delivery person or the transport insurance.
Insofar that the good is not free of defects in delivery, you are, according to legal regulations, entitled to request supplementary fulfilment, to withdraw from the contract or the lower the purchase price and also to claim damages.
We accept unlimited liability in accordance with the legal stipulations for damage to life, body and health caused by use due to intentional or negligent breach of duty by us.
For property damage and financial losses, we accept liability insofar that we caused these intentionally or through gross negligence.
If we breach an essential contractual obligation or a cardinal obligation, i.e. an obligation whose fulfilment allows for the proper execution of the contract in the first place and on whose fulfilment you may ordinarily rely, we accept liability for property damage and financial losses even in the event of minor negligence. The same applies if you are entitled to claims for compensation of the damage instead of performance.
If an essential contractual obligation or a cardinal obligation is breached due to minor negligence, our assumption of liability is limited to the foreseeable damage typical of the contract.
The above-mentioned limitations of liability apply then also if we are unable to perform a delivery at a point in time due to coincidence, where we find ourselves in default or you make other claims, especially tortious claims or a claim for compensation of futile expenditures instead of the performance. They do not apply if we have assumed a guarantee or are liable under the German Product Liability Act.
Otherwise we are exempt from liability.
In the event that we are liable, or our liability is limited or excluded, this shall apply likewise to damage caused through breaches of our employees’, workers’, staff’s, representatives' and auxiliary persons’ obligations.
9. Dispute resolution/customer service
The European Commission provides a platform for online dispute resolution (ODR). You can find this at https://ec.europa.eu/consumers/odr/. We are not obligated and generally not willing to take part in dispute resolution proceedings before a consumer arbitration body. For questions, complaints or problems, our customer service is there to provide assistance at the e-mail address email@example.com or from Monday to Thursday between 8 am and 6 pm and Friday between 8 am and 5 pm at the phone number +49 40 22 63 07- 076.
10. Applicable law
The law of the Federal Republic of Germany applies. This choice of law applies for consumers only insofar that they are not deprived of the protections which are granted to them through mandatory provisions of the law of the state in which they are normally resident. UN sales law is exempt.
Sanitas, version: 01.04.2021