Terms and Conditions
1. Delivery obligations and prices
Only features, which have been explicitly stated or are clearly identifiable in the contract, are considered to be applicable. Verbal agreements must be repeated in the written contract or confirmed in writing. Unless no other agreements have been made, prices are calculated on the day of order according to the most recent price list or specified agreements.
2. Delivery time
The delivery time agreed upon shall be adhered to, however no claims can be made due to delayed delivery. We reserve the right to separate deliveries in case of bulk orders. We consider every delivery as a settlement of a special order within the context of these conditions.
3. Shipment / packaging
In case of an order below € 300.00, we shall charge € 12.00 for postage and packaging in EU countries and at cost worldwide. For orders over € 300.00, we calculate shipping costs worldwide based on the weight, volume and dimensional weight of the shipment. We shall pay the shipping charges for part and additional deliveries of the same order regardless of the invoice value. Shipment are made by the most economical routes. Additional charges may be required in case of special requests.
4. Transfer of risk
The risk is transferred to the customer at the time of transfer of goods to a forwarding agent, shipper or on sending the goods to a specified third party. If the shipment is delayed due to circumstances attributed to the customer, the risk is transferred from supplier to customer on the day of readiness of dispatch. However, the supplier is obliged to arrange insurances on request of and at the cost of the customer. Partial shipments are allowed.
5. Right of rescission
Unforeseeable events such as extreme violence, wars, strikes or lockouts, shutdowns, operational disruptions, official actions etc. release us from the delivery obligation without being obligated to pay damages and entitle us to withdraw from the contract, provided we have no control these events. If we receive information regarding payment difficulties or have good reason to assume that the client will not be in a position to fulfil his/her payment obligations, we are entitled to withdraw the contract. Claims for compensation made by a customer in such an event will not be applicable. The client is not entitled to receive additional deliveries if he/she does not claim the agreed quantity of the delivery and does not fulfil the payment obligations. The claim for compensation will remain unchanged if the contractual obligations are not fulfilled.
6. Notices of defects
Complaints can only be taken into consideration if they are raised immediately after receiving goods. In case of complaints that we receive in time and acknowledge, we can either deliver replacement goods or take back the defective goods and refund the purchase price. The client or the third party is not entitled to add any additional claims, such as claims for compensations.
7. Returned goods
Returned goods are only accepted within seven days according to the arrangement. The returned orders must mention the date of purchase, our invoice number and the reason for returning goods. All goods returned for replacement or as a credit note by us shall not include postage, the receipt shall be refused if the postage has not been paid. Goods that are no longer saleable cannot be re-sent. We charge a € 12.00 handling fee for all goods returned. Furthermore, custom-made products (Tandem Pessaries) and special sizes ( Cube Pessaries Sizes 6,7,8,9) are excluded from return.
8. Payment conditions
All prices listed in the price lists and invoices are in euros. We offer a 2% discount on payment within eight days of the invoice date. Net payment must be made within 30 days of the invoice date.
9. Reservation of proprietary rights
The supplier will own the goods till all payments from the supply contract have been cleared. We reserve extended retention of the goods in case of transfer of goods. The client will not use the goods as a pledge or similar security before they are completely paid. In case of seizure of the goods or similar measures taken by a third party, the client will immediately notify the supplier. If the client violates the contract and if there is a delay in payment, she or he is obligated to surrender the goods. Any pledge or assignment of goods as security in favour of a third party without our consent is excluded. The company must be promptly informed if a third party seizes the said goods.
10. Place of fulfilment and jurisdiction
The place of fulfilment for both the contracting parties is Witten. Exclusive venue for all disputes is the headquarters of the company Dr. Arabin GmbH & Co KG.