Terms and Conditions
General Terms and Conditions
1. Scope
These General Terms and Conditions (GTC) apply to all orders placed by consumers (§ 13 German Civil Code) and businesses (§ 14 German Civil Code) via the "medi.tativ" online shop. The GTC in their currently valid version apply to all contracts concluded between the customer and the "medi.tativ" online shop, represented by [BRS Medical GmbH, Austria, 5020 Salzburg, Schrannengasse 2].
By using this website and entering into a purchase agreement, you agree to these terms. Deviating terms and conditions of the customer are not recognized unless we expressly agree to their validity in writing.
2. Contracting Party
The purchase contract is concluded with the "medi.tativ" online shop, operated by [BRS Medical GmbH, Austria, 5020 Salzburg, Schrannengasse 2]. You can reach our customer service for questions, complaints, and grievances at the email address [office@medi-tativ.com].
3. Conclusion of Contract
3.1 Offer and Acceptance: The presentation of products in the online shop does not constitute a legally binding offer but an non-binding invitation to the customer to submit a purchase offer. By sending the order via the "Buy Now" button, you place a binding order for the goods contained in the shopping cart. The contract is only concluded when we accept your order by an order confirmation via email or by shipping the goods to you.
3.2 Ordering Process: To place an order, you must add the desired item to the shopping cart, then complete the ordering process and confirm the purchase by clicking the "Buy Now" button. You have the option to correct your details or cancel the order process at any time until the "Buy Now" button has been clicked.
3.3 Order Confirmation: After receiving your order, you will automatically receive an email confirming receipt of the order. This email does not yet constitute acceptance of the offer but merely informs you about the receipt of your order. The purchase contract is only concluded by our order confirmation or by the shipment of the goods.
4. Prices and Shipping Costs
4.1 Prices: All stated prices are final prices and include the statutory value-added tax. Price changes and errors are reserved.
4.2 Shipping Costs: In addition to the stated prices, we charge shipping costs. The amount of shipping costs will be displayed during the order process and varies depending on the shipping method and delivery location. For more information, please refer to our shipping conditions.
5. Payment Terms
Various payment methods are available in our online shop:
Credit Card (Visa, MasterCard): Your credit card account will be charged upon completion of the order.
PayPal: You pay the invoice amount via the online provider PayPal.
Instant Transfer: You can transfer the amount directly via online banking.
6. Delivery
6.1 Delivery Conditions: Delivery will be made to the delivery address specified by the customer. Deliveries are possible within Germany and to other EU countries. The delivery time is usually 5-7 working days, but may vary depending on availability and destination.
6.2 Partial Deliveries: medi.tativ is entitled to make partial deliveries, provided this is reasonable for the customer. No additional shipping costs will be incurred for partial deliveries.
6.3 Delivery Delay: Should an item be temporarily unavailable or if delays occur, we will inform you immediately by email. In case of a delivery delay, you are free to set us a reasonable grace period and, after its expiry, withdraw from the contract.
7. Right of Withdrawal
7.1 Right of Withdrawal Instruction: Consumers have a statutory right of withdrawal of 14 days. The withdrawal period begins upon receipt of the goods. To exercise your right of withdrawal, you must inform us [BRS Medical GmbH, Austria, 5020 Salzburg, Schrannengasse 2] by means of a clear declaration (by email to office@medi.tativ.com) of your decision to withdraw from this contract.
7.2 Return of Goods: In case of withdrawal, you are obliged to return the goods immediately, but no later than 14 days after withdrawal. You bear the direct costs of returning the goods.
7.3 Exclusion of Withdrawal: The right of withdrawal does not apply to goods that have been manufactured according to customer specifications or are clearly tailored to personal needs.
8. Retention of Title
Until full payment, the goods remain the property of BRS Medical GmbH, Austria, 5020 Salzburg, Schrannengasse 2.
9. Warranty and Liability for Defects
9.1 Statutory Warranty: The statutory warranty provisions apply. Should delivered items show obvious material or manufacturing defects, we ask you to report such defects immediately to us or the supplier.
9.2 Liability for Defects: In case of defects in the delivered goods, you are entitled, at our discretion, to rectification or replacement delivery. If the supplementary performance fails, you can demand a reduction in price or withdrawal from the contract in accordance with the statutory provisions.
10. Liability
BRS Medical GmbH and its brand medi.tativ assume no liability for any damage arising from the use of our products (e.g., injury, etc.).
11. Data Protection
Your personal data will be treated in accordance with applicable data protection regulations. Detailed information can be found in our privacy policy.
12. Applicable Law and Jurisdiction
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from contractual relationships between the customer and BRS Medical GmbH is our company headquarters, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.
13. Discount Codes
A maximum of two discount codes can be redeemed simultaneously. In the event of technical errors or circumvention of system restrictions leading to the redemption of more than two discount codes, we reserve the right to cancel the affected sale. Furthermore, we reserve the right to change or terminate discount promotions at any time without prior notice.
14. Severability Clause
Should individual provisions of these GTC be or become invalid, the remainder of the contract shall remain valid. The invalid provision will be replaced by the relevant statutory provision.