General business conditions

1. Validity domain
For all the business relations between MediGruen (hereinafter referred to as:  MediGruen) and the one that orders, the General Business Conditions are exclusively valid in the valid variant on order. The conditions that deviate from our business Conditions, of that who orders, need our written consent.  

2. Conclusion of agreement
 (1)  All our offers are without obligations.
 
 (2) An agreement between MediGruen and that who orders is issued by the acceptance of MediGruen of an offer of the person who orders.
 
The offer of the one who orders is made by the communication of the order form, entirely filled, which is made available by MediGruen. The offer is obligatory for the one who orders, § 145 BGB. MediGruen is not obliged to accept the offers of the one who orders and may refuse anytime the acceptance of order, without specifying any reason. In such a situation, MediGruen informs the one who orders, without delay, regarding the non-acceptance of an order, by E-mail.  MediGruen takes over the offer by the delivery of an order confirmation, by E-mail, to the person who orders. The agreement is issued by the delivery of order confirmation.  The text of the agreement may be downloaded from the rubric „myMedi-Gruen – Bisherige Bestellungen (the orders until now)“. For this purpose, it is required the E-mail address and the password, specified on order, registration, respectively.  
 
3. Delivery
 
 (1) After the entry of offer and confirmation by MediGruen, the delivery will take place in the shorters time possible, usually, within 2 up to 3 business days after the order confirmation. In the case of reimbursement transmission and advance payments, the time of commodity shipment by MediGruen and the delivery term corresponds to the number 5. (3).  The delays in delivery, due to those who perform the packaging, we cannot influence.  The delivery takes place at the address specified by You.  Our service of gifts also offers you the possibility to send packages to the person whom the package has been designed to and the invoice to the person who makes the order.
 
(2) We reserve our right to possibly perform a partial delivery. If the ordered commodity by you, due to reasons owe to MediGruen, is not available due a delayed delivery by our contractual partners or due to force majeure, we will inform you without delay regarding this fact.  In such a situation, we reserve our right to cancel the agreement and not to deliver the ordered commodity, in case that it is not available.  If you have already paid the purchasing price, we certainly restitute it to you without delay.  
 
 
 (3) We help us by the fact that on the taking over of deliveries from the transporter, you take proceedings that the packages not be dispatched, damaged or handled under another form. Otherwise, please specify it, in writing, on the reception minutes of the transporter's supplier.  If you ascertain a prior opening, a damage or another handling of the package, only after its delivery, we also ask you respectfully, to claim it without delay to the relevant transporter.   Your legal pretentions rest valid, even if you don't make this claim to the transporter.
 
 4. Information regarding the attack ways - the revocation and commodity restitution right
 
 
 (1) Your order may be revoked by you, within fourteen days, irrespectively by the reason, i.e. even for the simple reason that you don't like it. It does not impose the specification of reasons. The revocation may either be made under the text form, as for example by E-mail or Fax, or by the restitution of commodity to MediGruen.  The revocation term starts soonest on the reception of commodity; keep this term by shipment until the due date of revocation or commodity, to MediGruen Denkstr.  No. 7 67549 Worms, Telefax:06241502579, Email: service@medigruen.com
 
 
 (2) If you officially revoked the order, according to the current regulation, the already provided works are restituted, meaning that you are liable to restitute the already received commodity. If you paid the purchasing price, MediGruen restitutes it to you without delay in such a circumstance.  If you are not able to restitute the commodity but integrally or only partially, you are obliged to pay us the appropriate value to the non-restituted one.  This fact is not valid, if the aggravation of product would have been exclusively possible on its inspection, as it was probably in the store, too.  Besides it, you may avoid the value restitution obligation, by the fact that you don't use the commodity as owner and you renounce to anything, which affects its value. You must bear the costs of restituion, if the delivered commodity corresponds to the ordered one. 

5. Payment conditions and shipment costs
 (1) The shipment costs are of 3.90 Euro for each order.
 
(2) MediGruen takes over the shipment costs starting with a value of commodity of 50. - Euro; 
 
 (3) The payment is made by a payment modality oferred on the online order form, meaning by reimbursement, advance payment (banking payment) or by credit card. You may communicate the data regarding the credit card, either by phone or by fax. We reserve our right, from tehnical reasons, to periodically cancel certain individual payment modalities.
 
In the case of development of the agreement by reimbursement shipment, the payment is made by the supplier.
 
In the case of advance payment, meaning the payment of the invoiced amount in the account of MediGruen (the account from Sparkasse Worms-Alzey-Ried, banking account 55350010, number of account 0033666423) the shipment of commodity is only made after the arrival of the money.
In the case of payment by credit card, the delivery of payment information to the credit institute takes place after one week from the delivery of commodity.
 
(4) All the prices are final prices in EURO, including the valid added value tax. There are valid the prices on order.  The price becomes due together with the delivery of the ordered commodity.

6. Reservation of the right of property
 
Until the integral payment, the commodity rests our property.

7. Pretentions towards defects and liability
(1) If the acquired object presents defects, there are valid the legal guarantee rights §§ 434ff. Federal Civil Code.
(2) The prescription term for the pretentions towards defects is two years from the delivery of the commodity.
 
(3) There are excluded the pretentiosn that surpass all these, of the person who orders, whatever the legal reasons, especially the requests of damage - interests of the person who orders, if the damage was not purposely or bluntly caused by our negligency, meaning MediGruen and/or its legal representatives or by those who help us in the performance of products. This exclusion of liability is not valid for the pretentions of the person who orders results by the impairement of pre-contractual obligations (§ 311 par.  2, 3 Federal civil code, corroborated with § 280 par. 1 BGB). The current exclusion of liability is not valid even in the case that the essential obligations of the agreement have been impaired by the fault of MediGruen and/or of its legal representatives, or of those who help us in their performance; in this circumstance, the liability being limited, but to the foreseeable damages, which typically occur.
 
A legal foreseeable liability, independently by the person who caused it, from MediGruen, rests un-impaired of the current restrictions regarding the liability.   The same thing is also valid in the case of impairement by the fault of life, body or health, as well as on the entering into force of the pretentions §§ 1, 4 The liability law regarding the product. 

8. Data protection
(1) The treatment of data regarding the person is made in accordance with the provisions of the federal Law regarding the data protection and the Law regarding the data protection by the telecommunication services.
 
(2) For the development of order, MediGruen needs certain personal data of the person who orders (necessary data).  These are evidenced in the order form, being typed in bold letters.  Without these necessary data, the issuance of order is not possible.  The necessary data are memorized only for this purpuse and are only used within the development of order and they are possibly sent to third parties with whom MediGruen cooperates in the development of order (especially the transporter companies or service providers in case of the development of payments).  Besides the necessary data, stressed in the order form with bold letters, the person who orders is not liable to make available other data, too.
 
(3) Additionally, we also use the personal data to inform regarding the special offers of MediGruen or for sending it to other chosen cooperators, if you agree with their use for marketing purposes. You may revoke any moment your consent regarding the use of data for marketing purposes, by a communication sent to MediGruen (in writing or by E-mail).  After the reception of revocation, we will stop without delay the use of your data for marketing purposes and we will also inform our cooperators regarding your revocation.

9. Exclusion of liability for foreign links
  MediGruen makes reference on its page, by links, to other internet pages. For all these links, the following are valid:  MediGruen expressly states that it does not have any influence on the structure and content of the thirds' page, to which it makes reference from www.medigruen.com and we don't assign ourselves these contents.  This statement is valid for all the displayed links and for all the contents of pages referred to.  

10. The headquarters of competent instance
(1) In the trading relations with the merchandisers and with the legal persons of public law, the exclusive headquarters of the competent instance in all the litigations was agreed as being Worms.
 
(2) In the trading relations with the final consumers, the Law Court at the headquarters of the final consumer is competent with the different contractual misunderstandings.

11. Final provisions
 (1) If one or several regulations in the current General Business Conditions (GBC), upon the concept of a competent law court, is not in force, the validity of the other regulations rests un-affected.  Instead of the regulation that is not in force, it applies the legal regulation in force.  
 
(2) This agreement is applied the right of Germany Federal Republic, by the exclusion of its right of collision and of the sale right UN. In the relations with the final consumers, it is also applied the right from the headquarters of the final consumer, if it is obligatory the case of a provision regarding the consumer's right. 

12. Copyright
 Copyright of MediGruen. The pages of our store and its component parts cannot be duly protected.  The use, especially the duplication and copy, even in the excerpt, is only allowed with the consent of MediGruen. The images are protected by § 72 Law regarding the copyright.  The user's information.  The MediGruen manager is liable for the business and store management.