GTC and right of withdrawal
General Terms and Conditions
§ 1 Area of Application
The terms of business stated below apply exclusively to all agreements between
S. Ehrensprerger m2 company,
here in after referred to as m2 company,
Oberkasseler Straße 88,
and our customers, in its currently valid version.
Conditions of the contractual partner which conflict with or deviate from the following General Terms and Conditions are not recognized unless the m2 company has expressly agreed to contrary terms and conditions in writing. Deviations are only valid if they have been expressly recognized by the m2 company. The General Terms and Conditions of the m2 company also apply to all future business with the respective contractual partner.
§ 2 Conclusion of a Contract
Our offers are non-binding and are subject to supply by our suppliers. Customer orders are placed by transmitting the online ordering form, completed in full, or by transmitting complete order data via mail, telephone, or fax. The customer is committed to his offer submitted via the transmission. After the order is received, the customer immediately receives an order confirmation via e-mail with a detailed breakdown of the order submitted, the delivery address, and the exact invoice amount.
§ 3 Reservation of Property Rights
Until full payment has been made, the goods remain our property.
§ 4 Compensation
The customer can only set off against claims which are determined to be legally binding or which are ready for judgment in a legal procedure or are unchallenged. The customer is entitled to a right of retention only due to claims from the same contractual relationship.
§ 5 Costs
The costs at the time of the order are valid. We reserve the right to change the prices indicated in the online shop. The VAT valid in Germany at the time of the order will be added to all prices for goods or services.
The prices for m2 company include the manufacture of individualized products, primarily in the range of measurements, including all materials such as cylinders or compression sleeves, produced according to customer’s specifications.
§ 6 Payment
We only accept prepayment. The customer receives enclosed the invoice for the goods delivered.
Methods of Payment
Via direct debit, which takes place after debit approval has been granted after no more than 10 days.
Via prepayment. The customer pays the invoice amount in advance and receives the shipment of goods according to the delivery times after receipt of payment. Via PayPal: your PayPal account is debited upon completion of the order.
§ 7 Shipping
Our custom products are generally shipped 5-10 days after receipt of payment. We will notify the customer in the exceptional event that the order is not shipped within 3 weeks after receipt of payment; this may be due to delays on the part of our suppliers or if an order cannot be shipped. The customer is then entitled to withdraw from the agreement. There is a flat shipping rate of 8.00 Euros (including VAT) for shipping and handling within Germany, regardless of the size of the order.
Shipping and handling are indicated separately on the invoice.
Orders to customers in Germany and Europe are generally sent via the parcel service of DHL or another parcel shipment company.
For shipments to countries outside of Europe, the shipping method and any shipping costs are indicated to the customer on the order summary and listed separately on the invoice.
§ 8 Right of withdrawal (Instructions on withdrawal)
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us:
Oberkasseler Straße 88
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusions to the Right of Cancelation
There is no right of cancelation for goods which were produced according to the customer’s specifications or tailored to his personal needs. This applies in particular to the vitallusPLUS® Vacuum Extender (cylinder including the compression sleeve).
If, despite careful inspection, defects should occur, we will modify the vitallusPLUS® Vacuum Extender or assume the costs of manufacturing a new one. If this should occur, please return the item to us (post-paid) together with a detailed description of the defect(s).
We will correct the defects at our expense if you return the goods to us within 14 days and notify us of the changes you would like us to make. Changes due to incorrect measurement information/order data will be made at the customer’s expense.
§ 9 Disposal of Packaging according to the Regulation on Packaging
According to the provisions of the Regulation on Packaging, we must take back any of our product packaging which does not have the symbol of a comprehensive disposal system (such as the “Grüne Punktâ€œ of Duales System Deutschland AG) and provide for it to be recycled or disposed of.
For more information about returns, the customers of such products should contact us:
Oberkasseler Straße 88
We will inform the customer of a community collection point or a waste management company in his area who will accept packaging free of charge. In the event that this is not possible, the customer has the option of sending us the packaging free of charge:
Oberkasseler Straße 88
The packaging will be recycled by us or disposed of according to the provisions of the Regulation on Packaging.
§ 10 Warranty
The legal warranty period applies. If the items delivered should have apparent manufacturing or material defects (including damage occurring during transport), please file a claim with us and the employee of the shipping company in this regard.
§ 11 Measurement Tolerances
Color deviations, changes in the material and product line, period of use The vitallusPLUS® Vacuum Extender (cylinder including the compression sleeve) is manually adjusted to the measurements indicated by the customer. Measurement tolerances of +/- 10% are possible. These do not represent a defect. The colors shown depend on the settings and quality of the computer monitor used by the customer. We therefore cannot provide any guarantee with regard to color fidelity. There may be slight color deviations for technical reasons and these do not represent a flaw. Likewise, claims cannot be filed due to possible variations in execution and are not binding for future execution.
The cylinder and compression sleeve are intended for a maximum service life of 4 to 6 weeks (with daily use), since natural latex has limited durability when used and can become brittle with time. For hygienic reasons as well, the product should be replaced after this period of time. Natural latex cannot be stored indefinitely. Therefore, we mark cylinders and compression sleeves with an expiration date of 12 months after the date of manufacture. The cylinders and compression sleeves should be stored under airtight, dry, cool and dark conditions. The ideal temperature for storage is between +15 to + 20ÂºC.
§ 12 Liability
The m2 company does not provide a guarantee for defects and consequential damage resulting from or in connection with improper use, particularly if the use occurs contrary to the manufacturer’s specifications or occurs in an incorrect manner. The same applies for the direct liability of the entities, the legal representatives and the agents of us. There is no product liability of the M2 company, in particular any indemnification claims of the customer arising from this, if the product defect is due to improper use or the product was used contrary to the manufacturer’s specifications or is not used correctly. Use is at one’s own risk. The m2 company is obligated to designate to an aggrieved party, within one month after receipt of whose request in this regard, the manufacturer or the person who delivered the product to the m2 company. The m2 company is only liable for malice and gross negligence.
§ 13 Data Protection
We process customers’ personal data only for the purpose of executing orders and in this connection we do not transmit them to third parties.
§ 14 Business Dealings with Merchants
The aforementioned provisions with regard to the right of cancelation and returns do not apply to business dealings with merchants. In these cases, the legal regulations for merchants apply. If the purchaser is a merchant, the place of jurisdiction for both contract partners is Düsseldorf. The laws of the Federal Republic of Germany apply exclusively.
§ 15 Severability Clause
If individual provisions of these General Terms and Conditions should be not legally effective in whole or in part or should they later lose legal effectiveness, the validity of the General Terms and Conditions remains otherwise unaffected by this. The legal provisions take the place of the non-effective provision. The same applies if the General Terms and Conditions should have a non-foreseen loophole.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.