1. Orders may be placed in writing, by telephone, by telefax, via e-mail or via internet. If the order is not explicitly confirmed by Safetydental, acceptance of the order is acknowledged by dispatch of the goods by Safetydental. After the order has been processed, a cancellation can only be accepted within the definition of § 8 "Exchange of Goods".
2. The goods register and price list of Safetydental Internet and booklets are subject to alterations. The Safetydental terms and prices valid at the time of the order being placed are decisive. (Should through no fault of Safetydental delivery take place later than four months following placement of the order, the prices valid at the date of delivery will apply.) Mistakes and printer's error are non-binding.
3. Prices are gross prices.
4.The notice of these Conditions of Use and the Consents therefore is expressly confirmed in the corresponding field of the order by setting a hook.
§ 2 Offers
1.The first deals of Safety Dental are subject to change.
§ 3 Delivery
1. Delivery of goods is effected from Safetydental headquarters, after receipt of payment, Partial deliveries can be effected and charged. Additional transportation costs for part deliveries will be added. However, the calculation of delivery costs is based on the weight of the order and on the way of transport.
2. For orders over € 300,00 (net invoiced value of goods) the inland delivery is free of charge. For order under € 300,00 delivery charges at the cost prices are charged.
3. Goods are insured for dispatch. Possible transport damages have to be reported to Safetydental.
4. Should the punctual delivery of goods be hindered due to reasons for which the customers is responsible, and after the application of a further deadline of 10 days, Safetydental has the right either to demand payment, to withdraw from the contract or to demand compensation.
1. In case of an Act of God, industrial conflict actions, official measures and any other disruptance of operations arising through no fault of Safetydental and which last or are expected to last longer than one week, the dispatch deadline will be appropriately extended for the duration of the hindrance.
2. In the event of an occurrence of point 1 the counter-party has the right of withdrawal as long as notification of such is given by e-mail at least two weeks in advance.
3. Compensation claims will not be accepted in the aforementioned cases.
1. Safetydental send Proforma Invoice, Customer have to pay in advance. After receipt of payment Safetydental will delivery depending on the product latest 6 weeks.
2. The buyer abroad confirmed automatically with his order, that he is entitled not to introduce the goods in his country. Should it turn out that he is actually not authorized carries it all so related risks, including the loss of the consignment and also has Safety dental harmless from any civil, fiscal, administrative offense law, criminal law and other liability.
§ 6 Alocation of Credits
1. The setting off of payment is only permissible in the case of undisputed claims with have been established as being legally valid. This does not apply where suspension of payment is put into effect by Safetydental.
2. In all cases, credit amounts will be taken into account with the next invoice.
1. Complaints must be made in writing. Notification of such must be made to Safetydental within a maximum of 1 month following receipt of the goods.
2. No complaints will be accepted once processing of the delivered goods has been commenced.
3. In the case of justifiable complaints, Safetydental retains the right to correct such or to deliver functional replacement goods within 6 weeks of receipt of the returned goods. After this period, the statutory regulations come into effect.
1. The reason for return must be made in written. No credits will be given by Safetydental for goods which have not reached Safetydental.
2. Intact and unopened material will only be exchanged by Safetydental within 14 days after receipt of goods on request of the customer.
3. In all case the costs of returning the goods will be carried by the customer, whereby Safetydental retains the right to raise an extra charge for processing costs.
1. The delivered goods (goods of retention) remain the property of Safetydental until all demands arising out of the business relationship with the customer have been completely fulfilled.
2. The customer is authorized to re-sell or dispose otherwise of his goods as long as the customer is not in arrears with his obligations due to Safetydental. Once the goods of retention have been processed, Safetydental is entitled to a joint ownership of the new product based on a proportion of the value of the original goods compared to the value of the processed items, and at least to the amount of the outstanding demands. The customer must relinquish all additional rights and possible securities to Safetydental is authorized to draw in, until further notice, all obligations arising from the re-sale or disposal. Upon request from Safetydental the customer is obliged o inform his purchasers of the effected transfer in favour of Safetydental and to provide Safetydental with all necessary information and documents required to facilitate the drawing in.
3. It is not permissable to pledge goods of retention or to transfer ownership of securities for such goods to a third party. In the case of legal seizure of goods, the customer must explicitly draw attention to the retention of ownership and immediately inform Safetydental.
4. Should the value of the securities retained by Safetydental exceed more than 20 % of the amount of outstanding demands resulting from the business relationship, then Safetydental will release selected fully paid goods from those held under retention of ownership.
The place of fulfillment for all obligations under the Contract of Delivery is the Safetydental headquarters.
The legal domicile (also for legal actions concerning bills of exchange and cheques) is Safetydental headquarters.
For international business the following additional terms apply:
1. Every business including cheque and bill business is subject tob the German civil and commercial law.
2. Incurring clearance costs have to be paid by the customer.
3. All banking charges are to borne by the customer. They depend on the value of goods.
Should individual clauses be or become ineffective or should the stipulation therein be incomplete, the legal effectiveness of the other clauses remain unaffected by this fact. An effective clause is agreed on as being valid in place of an ineffective clause, when the former achieves an economical result as close as possible to that desired under the original clause; the same applies in the case of an incomplete clause.