General Terms and Conditions

Table of Contents

Scope of Application
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Granting of Rights of Use for Digital Content
Retention of Title
Liability for Defects (Warranty)
Governing Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Christian Schramm (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These GTC apply mutatis mutandis to contracts for the provision of digital content, unless otherwise specified. Digital content, as defined in these GTC, refers to data created and provided in digital form.

1.3 A “consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.4 For the purposes of these General Terms and Conditions, a “business operator” is a natural person, a legal entity, or a partnership with legal capacity that acts in the course of its commercial or independent professional activities when entering into a legal transaction.
2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as a basis for the Customer to submit a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process.

2.3 The seller may accept the customer’s offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date of receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed the order.

If more than one of the aforementioned alternatives applies, the contract is formed at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the close of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/ de/webapps/mpp/ua/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 When a customer submits an offer via the Seller’s online order form, the Seller will store the contract text after the contract is concluded and send it to the customer in writing (e.g., via email, fax, or letter) after the customer submits their order. The Seller will not make the contract text available in any other way. If the customer has created a user account in the Seller’s online store before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better detection of input errors is the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is the sole language available for the conclusion of the contract.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of Withdrawal

3.1 Right of Withdrawal for the Sale of Goods

Right of Withdrawal for Consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.)

3.2 Withdrawal Policy

Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day

- on which you or a third party designated by you, other than the carrier, took possession of the goods, provided that you ordered one or more items as part of a single order and they are delivered together;

To exercise your right of withdrawal, you must notify us (Christian Schramm, Dorfstr. 15a, 91096 Möhrendorf, phone number: +491711429021, email address: christian@orthorad.de) by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, though its use is not required.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than 14 days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.

You must return or hand over the goods to us without delay and, in any event, no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the 14-day period expires.

You are responsible for the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to inspect their nature, characteristics, and functionality.

Grounds for Exclusion or Expiration

The right of withdrawal does not apply to contracts

- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been broken after delivery;
- for the delivery of goods if, due to their nature, they have become inseparably mixed with other goods after delivery;
- for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been broken after delivery.

3.3 Further information regarding the right of withdrawal can be found in the seller’s cancellation policy.

As a consumer within the meaning of Section 13 of the German Civil Code (BGB), you may cancel your order within two weeks of receipt without providing a reason. The cancellation must be made in writing, e.g., by letter, fax, email, or by returning the goods. The period begins at the earliest upon receipt of the goods and a complete cancellation policy. To meet the deadline, it is sufficient to send the goods or the notice of withdrawal to the following address in a timely manner:
Christian Schramm
Dorfstr. 15a
91096 Möhrendorf

The buyer is responsible for the costs of return shipping.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the statutory value-added tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2 The customer will be informed of the available payment options in the seller’s online store.

4.3 If payment in advance via bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If the “SOFORT” payment method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the customer must have an online banking account activated for use with “SOFORT,” authenticate themselves during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is then executed immediately by “SOFORT,” and the customer’s bank account is debited. The customer can find more detailed information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.
5) Delivery and Shipping Terms

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the shipping address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing system is decisive for the transaction. Notwithstanding the foregoing, if the “PayPal” payment method is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to the costs of returning the goods.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller. This applies only if the Seller is not responsible for the non-delivery and has entered into a specific offsetting transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded without delay.

5.5 Pickup by the Customer is not possible for logistical reasons.

5.6 Digital content is made available to the Customer as follows:

via download
via email

6) Granting of Rights of Use for Digital Content

6.1 Unless otherwise specified in the content description in the Seller’s online store, the Seller grants the Customer a non-exclusive right, unlimited in terms of location and time, to use the provided content for both private and commercial purposes.

6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these Terms and Conditions is not permitted, unless the Seller has consented to the transfer of the contractual license to the third party.

6.3 To the extent that the contract relates to the one-time provision of digital content, the grant of rights shall not take effect until the customer has paid the full amount due. The seller may provisionally permit use of the content covered by the contract even prior to this time. Such provisional permission does not constitute a transfer of rights.
7) Retention of Title

If the Seller makes an advance delivery, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)

8.1 Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

8.2 If the customer is acting as a business entity,

the seller may choose the method of subsequent performance;
for new goods, the statute of limitations for defects is one year from delivery of the goods;
for used goods, rights and claims arising from defects are excluded;
the statute of limitations does not restart if a replacement delivery is made under the warranty for defects.

8.3 The limitations of liability and shortened limitation periods set forth above do not apply

to the customer’s claims for damages and reimbursement of expenses,
in the event that the seller fraudulently concealed the defect,
to goods that were used in accordance with their customary use in a structure and caused the structure’s defectiveness,
to any obligation the Seller may have to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8.4 Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the merchant’s duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.

8.6 If the customer is a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller thereof. Failure by the customer to do so shall have no effect on their statutory or contractual claims for defects.
9) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
10) Alternative Dispute Resolution

10.1 The European Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.

10.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11) Alternative Dispute Resolution

The customer is responsible for ensuring that the files, images, logos, texts, and other designs submitted by the customer may be used and reproduced on the ordered product.

The customer grants OrthoRad Design the rights of use necessary exclusively for the review, processing, production, and delivery of the respective order.

OrthoRad Design is entitled to reject orders, require proof of the necessary rights, or suspend processing if there are concrete indications of an infringement of copyrights, trademark rights, personality rights, or other rights of third parties.

The customer shall indemnify OrthoRad Design against any justified claims by third parties to the extent that the customer is responsible for the underlying infringement.