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General Terms and Conditions of Sale

Area of validity

These terms and conditions are valid for all purchases at NLS Informations Medizin GmbH, which are made by private customers.

Private customers in this sense are persons with residence and delivery address in the EU, as far as the goods ordered by them cannot be attributed to their commercial or independent professional activity.

Business customers are requested to place orders on the order pages accessible via the business customer login .

 

Prices and shipping costs

The prices quoted are final prices including VAT. The amount shown at the time of the binding order shall apply. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can inform yourself about the details under "Shipping costs". We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation. If you exercise your right of revocation, we will also refund the shipping costs.

 

Payment

The payment takes place with delivery by means of

            - Amazon Pay

            - Apple Pay

            - Google Pay

            - Credit Card

            - direct debit

            - Prepayment

            - hire purchase

            - Invoice

 

Default of payment

If you are in default of payment, NLS Informations Medizin GmbH is entitled to claim default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If NLS Informations Medizin GmbH can prove a higher damage caused by default, NLS Informations Medizin GmbH is entitled to claim this.

 

Right of retention

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

 

Delivery

(1) The delivery takes place to the delivery address given by the customer, within

            - Europe


(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, an obligation to perform of NLS Informations Medizin GmbH is excluded. Already paid amounts will be refunded immediately by NLS Informations Medizin GmbH.

(3) NLS Informations Medizin GmbH can also refuse the service, as far as this requires an effort, which is grossly disproportionate to the interest of the customer in the fulfilment of the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Already paid amounts will be refunded immediately by NLS Informations Medizin GmbH.

(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by a forwarding agency. NLS Informations Medizin GmbH expressly points out that these goods are not carried into the house. 

 

Favourable shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged by opening for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the increased cost compared to a less expensive shipping method.

 

Retention of Title

The delivered goods remain the property of NLS Informations Medizin GmbH until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

 

Defect rights

(1) A product that is already defective at the time of delivery (warranty case) shall be replaced by a defect-free product or repaired professionally (supplementary performance) at the discretion of the customer and at the expense of NLS Informations Medizin GmbH. It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the transfer of risk. A warranty case does not exist in particular in the following cases:

a)  in the case of damage caused to the customer by misuse or improper use,

b)  in the case of damage caused by the fact that the products have been exposed to harmful external influences at the customer's (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore NLS Informations Medizin GmbH does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the dictates of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without considerable disadvantages for the customer - the customer's claim is limited to the respective other type of supplementary performance. The right of NLS Informations Medizin GmbH to also refuse this other type of supplementary performance under the aforementioned condition remains unaffected. 

(4) In the case of repair as well as in the case of replacement the customer is obliged to send the product at the expense of NLS Informations Medizin GmbH under indication of the order number to the return address indicated by NLS Informations Medizin GmbH. Before sending in the product the customer has to remove objects inserted by him from the product. NLS Informations Medizin GmbH is not obliged to examine the product for the insertion of such objects. NLS Informations Medizin GmbH shall not be liable for the loss of such objects, unless it was readily apparent to NLS Informations Medizin GmbH at the time of taking back the product that such an object had been inserted into the product (in this case NLS Informations Medizin GmbH shall inform the customer and keep the object ready for collection by the customer; the customer shall bear the costs thereby incurred). Furthermore, before sending in a product for repair or replacement, the customer shall, if necessary, make separate backup copies of the system software, the applications and all data on the product on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and reactivate the passwords. 

(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of returning the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the event of a warranty claim,

a)  if the defect entitling to withdrawal has only become apparent during processing or remodelling,

b)  if NLS Informations Medizin GmbH is responsible for the deterioration or loss or if the damage would also have occurred at NLS Informations Medizin GmbH,

c)  if the deterioration or the loss has occurred at the customer although he has observed that care which he is accustomed to apply in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time. 

(8) In addition, there may also be claims against the manufacturer within the framework of a warranty granted by the latter, which shall be governed by the relevant warranty conditions. 

(9) The legal warranty of NLS Informations Medizin GmbH ends two years after delivery of the goods. The period begins with the receipt of the goods.

 

Liability

(1) In case of slight negligence NLS Informations Medizin GmbH is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury of life, body and health. NLS Informations Medizin GmbH is not liable for other damages caused by slight negligence due to a defect of the object of purchase.

(2) Independently of a fault of NLS Informations Medizin GmbH a liability of NLS Informations Medizin GmbH in case of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee of the manufacturer and does not represent an assumption of a guarantee by NLS Informations Medizin GmbH.

(3) NLS Informations Medizin GmbH is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred with timely delivery.

(4) Excluded is the personal liability of the legal representatives, vicarious agents and employees of NLS Informations Medizin GmbH for damages caused by them through slight negligence.

 

Applicable law

The contract concluded between you and NLS Informations Medizin GmbH is exclusively subject to the law of the Republic of Austria under explicit exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.

 

Place of jurisdiction

If, contrary to the information you provided when placing your order, you do not have a place of residence in Austria, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Austria.

 

Dispute resolution

General information requirements for alternative dispute resolution in accordance with Art. 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.

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