Terms and conditions and cancellation policy
Terms and conditions and cancellation policy
Terms and conditions in the context of contracts of sale concluded via the platform between
Bajohr OPTECmed (Bajohr GmbH & Co. KG, GF Christoph Bajohr) - hereinafter referred to as the "Supplier" -
the Customer indicated in Article 2 of the contract - hereinafter referred to as the "Customer" -.
Section 1 Scope, definitions of terms
(1) The business relationship between the online shop supplier (hereinafter "Supplier") and the Customer (hereinafter "Customer"), is subject exclusively to the following General Terms of Business as applicable at the time the order was placed. Different terms shall not be recognised, unless the Supplier agrees to their validity in writing.
(2) The Customer is a consumer, provided that the purpose of the deliveries and services ordered cannot be attributed to the consumer's commercial or independent professional activity. On the other hand, any natural or legal person or unincorporated organisation who, on conclusion of the contract, is exercising its commercial or independent professional activity will be considered an entrepreneur.
Section 2 Conclusion of the Contract
(1) The Customer can select products from the Supplier's range and add these to the shopping basket via the "Add to Cart" button. Clicking the "Buy" button constitutes a binding order to purchase the goods in the shopping basket. Customers can view and change their data at any time before submitting their order. The order can then only be submitted and delivered when the Customer accepts these General Terms and Conditions by clicking the "Accept Terms" button; this action makes these terms and conditions an integral part of their order.
(2) The Supplier then sends the Customer an automatic acknowledgement of receipt by email, in which the Customer's order is listed again and which the Customer can print using the "Print" function. The automatic acknowledgement of receipt merely documents that the Customer's order has been received by the Supplier and does not constitute acceptance of the order. The contract is not concluded until we issue a declaration of acceptance, which is sent in a separate email (order confirmation and invoice).
Section 3 Delivery, availability of goods
(1) Delivery is made at the latest within 14 working days (Monday to Friday excluding public holidays) after the issue of the payment order to the referring bank, for which you must provide proof, or to PayPal. Customised items are exceptions.
(2) If a product selected by the Customer is not in stock at the time of ordering, the Supplier will immediately inform the Customer of this in the order acceptance email. If the product is permanently out of stock, the Supplier will not accept the order. In this case, a contract will not be concluded.
(3) If the product ordered by the Customer is only temporarily unavailable, the Supplier will immediately inform the Customer of this in the order confirmation. In the event of a delivery delay of more than two weeks, you have the right to withdraw from the contract. The Supplier is also entitled to withdraw from the contract in this case. In this eventuality, the Supplier will immediately refund any payments already made.
Section 4 Reservation of proprietary rights
The delivered goods remain the Supplier’s property until full payment has been received.
Section 5. Prices and shipping costs
(1) All prices indicated on the Supplier’s website are inclusive of the applicable statutory value added tax
(2) The corresponding shipping costs will be listed in the order form and shall be borne by the Customer.
(3) All orders are shipped by post. The risk of lost or damaged shipments will be borne by the Supplier if the Customer is considered a consumer under the German Civil Code (BGB).
(4) The Customer will have to pay the standard return shipping costs if they choose to withdraw from the contract.
Section 6 Payment methods
(1) Bajohr OPTECmed only accepts prepayment (PayPal or bank transfer).
(2) The Customer can change the method of payment information stored in their user account at any time.
(3) Payment of the purchase price is immediately due upon the placement of the order by the Customer (see Section 2).
Section 7 Warranty for defects
(1) The statutory warranty for defects is applicable with the following modifications.
(2) If the service provided by Bajohr OPTECmed or the delivery item is defective, Bajohr OPTECmed may choose to either deliver a replacement or remedy the defect. Multiple repairs of the same defect - usually two - are permitted within a reasonable period of time.
(3) Medical intolerance of the loupes is not regarded as a defect. If this intolerance is immediately demonstrated and proven to Bajohr OPTECmed, the Customer has the right to withdraw from the contract.
(4) If within a period of four weeks of using the loupes (except custom-made) it is found that the actual working distance deviates not insignificantly from the information provided by the Customer when they placed the order, Bajohr OPTECmed will exchange the glasses. Shipping costs will be charged to the Customer.
(5) Bajohr OPTECmed provides a warranty of 12 months for the rechargeable batteries as well as the PowerLight system, under which defective devices will be replaced or repaired at the discretion of Bajohr OPTECmed.
(6) The right of the Customer to assert claims arising from defects shall expire 12 months from the date of the transfer of risk in all cases, unless a longer mandatory period is stipulated by law. Bajohr OPTECmed is entitled at its discretion to choose either to repair or deliver a replacement.
(7) Obvious defects with regard to services can no longer be asserted after acceptance. Otherwise, for the purpose of compliance with warranty claims for such Bajohr OPTECmed defects by the Customer must be reported immediately, but no later than one week after delivery, in writing. The defective items must be produced for inspection by Bajohr OPTECmed in the condition in which they were at the time the defect was detected.
(8) Immaterial, reasonable deviations in the dimensions and designs - especially in the case of reorders - shall not be deemed cause for complaint, unless absolute compliance has been expressly agreed by the parties. Information about the object of performance (e.g., weights, dimensions, use values, load capacity, tolerances and technical data) are not guaranteed characteristics but descriptions or identifications of the delivery or service. Technical improvements and necessary technical modifications are also considered to be in compliance with the contract, unless they constitute a deterioration to the suitability of use.
(9) If operating or maintenance instructions from Bajohr OPTECmed are not followed, changes to the products, parts replaced or consumables are used which do not meet the original specifications, the warranty shall not be applicable if the Customer does not provide proof for an appropriately substantiated claim that only one of these circumstances has caused the defect.
(10) Liability for normal wear and tear is excluded.
(11) In the case of defective components from other manufacturers, where licensing or any other reason do not allow Bajohr OPTECmed to make the necessary rectifications, Bajohr OPTECmed shall at its discretion either make a claim under warranty against the manufacturer and supplier on behalf of and for the account of the Customer or assign that right to the Customer. Warranty claims against Bajohr OPTECmed for such defects are subject to other conditions and to these General Terms of Delivery only if the court enforcement of the above claims against the manufacturer and suppliers was futile, for example, due to insolvency. The statute of limitations of the warranty claims against Bajohr OPTECmed is suspended for the duration of the legal dispute.
(12) Delivery of used items agreed individually with the Customer takes place without any warranty for defects.
(13) If Bajohr OPTECmed has a statutory duty to provide information regarding the use of the product, Bajohr OPTECmed is only liable if a special fee has been agreed.
Section 8 Liability and limitation of liability
(1) Claims for damages arising from positive breach of obligation, negligence when entering into the contract and or unauthorized action, which are not also due to the breach of a contractual obligation by Bajohr OPTECmed, are excluded against Bajohr OPTECmed and against its vicarious agents, insofar as the damage was not caused intentionally or by gross negligence. This does not apply to claims for damages as a result of the absence of contractually stipulated suitability, intended to protect the Customer against the risk of consequential damages. Claims for damages under the law on liability for defective products (ProdHaftG, product liability law) shall remain as unaffected as a liability for damage to life, limb or health.
(2) Insofar as Bajohr OPTECmed is hereafter liable for damages, this liability is limited to damage that was foreseeable on conclusion of the contract as a possible consequence of a breach of contract or that could have been foreseen by applying due care and attention. Indirect damages and consequential damages which are the result of defects in the delivered item are only eligible for replacement insofar as such damages are typically to be expected under normal use of the delivered goods.
(3) In cases of liability for simple negligence, the liability of the Seller for material damage and other resulting loss resulting from that is limited to 500 euro per claim, even if there is a breach of obligations, essential for performance of the Contract.
(4) The provisions of the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
Section 9 Cancellation policy
Right of cancellation
Consumers are entitled to a right of cancellation under the following conditions, whereby the consumer is defined as any natural person who enters into a transaction for purposes which can largely not be attributed as a commercial nor independent professional activity:
You have the right to revoke this Contract within fourteen days without stating reasons. The withdrawal period is 14 days from the date
- on which you or a third party designated by you who is not the carrier has taken possession of the goods, provided that you have ordered one or several goods as part of a single order and the goods are or will be delivered in a single delivery;
- on which you or a third party designated by you who is not the carrier has taken possession of the goods, provided that you have ordered one or several goods as part of a single order and the goods are or will be delivered separately;
- on which you or a third party designated by you who is not the carrier has taken possession of the last partial shipment or the last unit, if you have ordered goods that will be delivered in several partial shipments or units.
If one or more of the above alternatives exist, the withdrawal period shall start only when you or a third party designated by you, who is not the carrier has taken possession of the last goods or partial shipment or the last unit.
To exercise your right of cancellation you must inform us:
Owner Bajohr GmbH & Co. KG
Managing director: Christoph Bajohr
Tel.: +49 (0)5561-3199990
Fax: +49 (0)5561-3199998
with a declaration (sent e.g. by post, fax, telephone or email) of your decision to withdraw from this contract. You may use the standard cancellation form provided on our website to do so, but this is not compulsory. If you choose to use this option, we will immediately send you confirmation (e.g. by email) that we have received your notice of cancellation.
To comply with the cancellation period, it is enough for you to send notification that you are exercising the right to cancel before the expiry of the cancellation period.
Consequences of cancellation
If you choose to cancel this contract, we will immediately refund all payments we have received from you, including shipping costs (except for additional costs arising if you selected a shipping method different from the most cost-effective standard delivery offered by us), at the latest within fourteen days from the date on which we received the notice of cancellation of this Contract. The refund will be made using the same payment method you used for the original transaction, unless otherwise expressly agreed with you; you will not under no circumstances be charged fees for this refund. We can withhold the refund until the goods have been returned to us, or until you have provided proof that you have shipped the goods, whichever is earlier.
You must immediately send back or hand over the goods to us, in any event no later than fourteen days from the date on which you notified us that you are withdrawing from this contract. The deadline is met if you send the goods back to us before the fourteen-day period has expired.
You bear the direct costs for returning the goods.
You shall only be liable for any diminished value of the products if as inspection of the condition, characteristics, and functioning of the goods shows that the loss in value is due to improper handling on your part.
End of cancellation policy
Section 10 Information about data processing
(1) The Supplier will collect Customer data for the purpose of processing the contracts. When doing so, the Supplier will in particular note the provisions of the German Federal Data Protection Act and the Telemedia Act (BDSG and TMG). Without the Customer's consent, the Supplier will only collect, process, or use the inventory or usage data of the Customer insofar as these are needed to fulfil the contractual relationship and required to enable and bill the usage of telemedia.
(2) The Supplier will not use Customer data for purposes of advertising, market research or opinion research without the consent of the Customer.
Section 11 Final Provisions
(1) For agreements between Supplier and Customer, the law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) Provided that the Customer is a merchant, a legal entity under public law, or a separate entity under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller is the Seller's registered office.
(3) In the event of single sections of the Contract not being legally effective, the residual sections of the Contract shall remain binding. Statutory provisions, if available, shall replace the ineffective provisions. If this would constitute an unreasonable hardship to one of the parties to the contract, however, the Contract as a whole shall be deemed ineffective.