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These pages (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Products and Services listed on our website www.aedverkauf.de to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products or Services from our website. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.
Please read them carefully and print a copy for future reference.
Please understand that if you refuse to accept these terms and conditions, or you will not be able to order any Products or Services from our website. In these terms and conditions the following definitions apply:
“Company” is Medisol BV, based in the Netherlands, Arnesteinweg 36, 4338PD Middelburg. Medisol BV is a Dutch supplier of Automated External Defibrillators and related resuscitation products such as breathing masks and CPR manikins.
"Consumer" is a person who is not buying the Products or Services for purposes related to their trade, business or profession.
"Course Material" is documentation and material used in the training services.
“Customer” is the individual, company or organisation placing an order for Products or Services with Medisol BV or requesting information from Medisol BV.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
"Manufacturer" is the manufacturer of the Products.
“Product” is any product supplied by Medisol BV.
“User” is any person who uses or attempts to use any Products supplied by Medisol BV.
“Third party” is any person, company or organization of any kind that is not either the customer or Medisol BV.
"Services" are the training services supplied by the Company to the Customer set out in writing by the Company.
“We” or “us” or “our” or Our” refers to the Company.
“You” or “your” refers to the Customer
1. HOW THE CONTRACT IS FORMED
1.1 These terms and conditions do not affect your statutory rights. To order Products through our website or by any other ordering method you must be at least 18 years of age and be legally capable of entering into binding contracts. We will treat each order for Products or Services as an offer by you to purchase the Products and Services subject to these terms and conditions. We have the right to refuse at our discretion to supply any Products ordered by you and all orders are subject to acceptance by us. We will confirm such acceptance to you by sending you an e-mail that confirms that the Product or Services has been ordered (“Order Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Order Confirmation.
1.2 These terms and conditions constitute the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in these terms and conditions.
2.1 We strongly advise that you consult with your GP or cardiologist before purchasing a home defibrillator. If you wish to purchase a defibrillator for possible use with a child it is essential you consult with your doctor before obtaining the Product.
2.2 Description of Products/Warranty and Liability
Although we warrant that the Products will, at the time of delivery, correspond to the description given by us all Products we sell are of a technical nature and it is not practical to publish detailed specifications of all the Products. All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the Products. Whilst we endeavor to ensure all information is correct at the time of publication, Product specifications do vary. As such we cannot accept responsibility for incorrect information. Full details are available from the original Manufacturer’s brochures and websites. Except where the Customer is dealing as a Consumer, all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the Products whether implied by statute, common law or otherwise are excluded and the Customer warrants that the Customer is satisfied as to the suitability of the Products for the Customer's purpose. Products are not sold on a trial basis.
2.3 Availability of Products
All Products are subject to availability and may be withdrawn at any time. However it is our policy to contact you if a Product is out of stock for more than 7 days and if you do not wish to proceed with the order or for any reason we cannot supply the Product we will arrange for the order to be cancelled.
3.1 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Delivery of the Products shall be made to the Customer's address (Germany delivery only) deliveries outside Germany cannot be guaranteed and an additional delivery charge will apply at cost and the Customer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery. 24 hour delivery is offered at an additional charge.
4. TITLE AND RISK
4.1 The risk in the Products shall pass to the Customer on completion of delivery.
4.2 Title of ownership of any Products invoiced and delivered will not pass to the customer until all Products supplied have been paid for in full.
4.3 Until title to the Products has passed to the Customer, the Customer shall:
4.3.1 hold the Products on a fiduciary basis as the Company’s bailee;
4.3.2 store the Products separately from all other goods held by the Customer so that they remain readily identifiable as the Company’s property;
4.3.3 not remove, deface or obscure any identifying mark relating to the Products;
4.3.4 maintain the Products in satisfactory condition and keep them insured against all risks for their full price on the Company’s behalf from the date of delivery; but the Customer may resell or use the Products in the ordinary course of its business.
4.4 An order placed by a Customer is deemed to be a financial commitment by the Customer and therefore the value of the order is payable according to our terms. The Company reserves its right to recover outstanding monies as a short fall from any repossession of Products. By repossession the Customer is not relieved of its liability of the original debt or the costs related to any recovery or attempted recovery of the debt. The Company reserves it's right to seek damages, debt collection fees, interest and court costs and any other recovery costs including sub sequential losses due to the default of the Customer to pay in full the value of the Products and or services.
5. TIME LIMITATIONS FOR NOTIFICATION OF CLAIMS
5.1 Should any damage be identified to the Product on opening the package, the Customer must advise the Company within 48 hours of the exact damage. It is imperative that the Customer does not dispose of any of the packaging, as this will be required to affect a claim against the carrier. The claim will be handled by the Company. We cannot accept any claims for damage if the above time scales are not followed.
It is the Customers responsibility to sign for the correct number of packages that are delivered, the Customer is required to check that the number of packages delivered equal the number of packages on the delivery drivers manifest/consignment note and it is the Customers responsibility to thereafter notify us within 48 hours of delivery. Should the Customer be missing an item but has signed for the correct number of packages, the Customer must
notify us within 48 hours of delivery. The Customer will be requested to provide us with a copy of the invoice.. The matter will be investigated and the Customer will be informed of the decision.
5.3 Incorrect Products
It is the Customers responsibility to notify us of any incorrect Products supplied within 48 hours of delivery. If the items are not as ordered, the Customer must not open the Manufacturers packaging or use the item. The Customer will also be required to provide further information on what was received i.e. we may require the manufactures part codes and a full description of what has been received. Should there be any extenuating circumstances that have prevented the Customer to remain within the specified time frame, resolution will be by mutual decision.
We will not accept liability for Products lost in transit unless we are notified within 5 days from the expected delivery date. This will be the date advised on the Customers automated despatch note which is emailed to the Customer once the items have left our warehouse.
We shall accept no liability for shortages, non-deliveries, incorrect Products and Products damaged on delivery outside the reported timescales. Except when extenuating circumstances have prevented notification within the reported timescale. The extenuating circumstances must be by mutual agreement.
6. PRODUCT GUARANTEES
6.1 All Products supplied are covered by the terms and conditions of the Manufacturers Guarantee for a period of 12 months or longer if relevant this is in addition to the consumers’ statutory rights.
7. FAULTY PRODUCTS
7.1 If you think that the product you have purchased is faulty you should contact us immediately. If we are unable to determine the nature of any fault we may refer you to the Manufacturer, due to their extensive knowledge of their product. If the Manufacturer agrees that the product is faulty, in most cases they will be able to authorize a replacement/repair of the product direct to you. This does not affect your statutory rights. In all instances when contacting a Manufacturer you must retain the reference code that you are given. If the product fails within 30 days of receipt, a replacement Product or full refund of the cost of the Product will be offered to you, at the Company's discretion.
If for any reason you are issued with a refund, please note the following,
8.1 All refunds will be issued to the same payment method as on the original order.
8.2 When a refund is processed, you will receive an email notification. A refund will usually reach your credit card account within 4 working days after it being processed, please allow up to 10 working days for it to be credited. We do however reserve the right to refund you within 30 days of the return.
8.3 Faulty Products returned within 30 days, will be refunded in full including the original carriage charge (refund of original carriage charge applies to customers in the United Kingdom only). If the Products are found not to be faulty or they have been damaged by miss-use, they will be returned to you and no refund will be issued.
8.4 We do not refund carriage charges applied to the initial order and neither do we pay for the cost of returning the items to us except where the Products are returned by customers in Germany ONLY as faulty within 30 days of our shipment date.
8.5 The relevant Manufacturer will process all offers of “Money Back” guarantees and you should contact them directly to arrange return and refund.
9. COOLING OFF PERIOD
9.1 If you are a Consumer, you have a 7 day cooling off period during which you have the right to cancel your purchase and receive a refund in accordance with the EU Distance Selling Directive (2000).
9.2 When a refund request is received, the Company reserves the right to track the usage of the Customer through his/her username and password and no refund will be granted if the Company has reason to believe that an individual has viewed any of the Course Material that they purchased.. For example we may review pages viewed, frequency of use, time period of use.
9.3 Should you wish to cancel your purchase within the 7 day cooling off period, please place your request in writing by post to Medisol BV, Arnesteinweg 36, 4338PD, Middelburg.
10. CANCELLATION OF ORDERS
10.1 Where the Products have already been supplied, the Products must be returned to us and receipted back into our warehouse at your cost. In all instances, Products must be returned as new, with no blemish, defect or parts missing, neither must the outer manufacturer packaging show any damage or be defaced in anyway. Should the packaging show any damage or be incomplete and defaced in any manner a 100% fee will apply, this will automatically be deducted from the credit issued. If the Products are damaged we are unlikely to offer credit.
10.2 We do not refund carriage charges applied to the initial order and neither do we pay for the cost of returning the items to us except where the Products are returned as faulty by customers in the United Kingdom ONLY within 30 days of our shipment date
11.1 Any training Services provided by the Company is provided under these terms and conditions. The Company shall provide the Services to the Customer in accordance with the description given [on its website / in its brochure] in all material respects.
11.2 The Company shall use all reasonable endeavours to meet any performance dates for the Services specified on its website and agreed in the Company’s Order Confirmation but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
11.3 The Company shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Company shall notify the Customer where this will effect the quality of the Services provided.
11.4 The Company warrants to the Customer that the Services will be provided using reasonable care and skill and using competent staff and/or Contractors, qualified to provide the Services pursuant to all applicable legal regulations and accreditation.
12. CUSTOMER'S OBLIGATIONS
12.1 The Customer shall:
12.1.1 co-operate with the Company in all matters relating to the Services;
12.1.2 provide the Company, its employees, agents, consultants and sub-contractors, with access to the Customer's premises, office accommodation and other facilities as reasonably required by the Company to provide the Services;
12.1.3 provide the Company with such information and materials as the Company may reasonably require to supply the Services, and ensure that such information is accurate in all material respects;
12.1.4 prepare the Customer's premises for the supply of the Services;
12.1.5 obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and
12.1.6 keep and maintain all materials, equipment, documents and other property of the Company (Company Materials) at the Customer's premises in safe custody at its own risk, maintain the Company Materials in good condition until returned to the Company, and not dispose of or use the Company Materials other than in accordance with the Company's written instructions or authorisation.
12.2 If the Company's performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
12.2.1 the Company shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Company's performance of any of its obligations;
12.2.2 the Company shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Company's failure or delay to perform any of its obligations as set out in this clause 12.2; and
12.2.3 the Customer shall reimburse the Company on written demand for any costs or losses sustained or incurred by the Company arising directly or indirectly from the Customer Default.
13.1 The price of any Products or Services shall be the price listed on our website. The price is exclusive VAT.
13.2 In the event that a Product is listed at an incorrect price due to a typographical error or error in pricing information, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed.
13.3 In respect of Products, the price shall be payable by the Customer on or after the Company accepts the Customer’s order. Where the order is placed on our website, the Customer shall pay the price at the time of placing the order. In respect of Services, Our standard payment terms is that payment is taken at booking unless otherwise stated.
If payment by invoice has been previously agreed, the payment needs to be made 14 days from the date of invoice or prior to the course start date, whichever is sooner
13.4 The Customer shall pay each invoice submitted by the Company:
13.4.1 within 14 days of the date of the invoice; and
13.4.2 in full and in cleared funds to a bank account nominated by the Company.
13.5 Payment may be made by certain credit or debit cards. All on line orders made by credit card are processed through a secure website. Payments by cheque or cash in Euros are also acceptable however shipment of Products will not be made until any cheque has been cleared through our bank account. Any cash sent to us is sent entirely at the customers own risk. Proof of posting cash is not accepted as proof of delivery of cash. Other payment methods may be accepted at our sole discretion. Course certification will not be issued until receipt of payment in full. Finance package may be arranged if required.
13.6 We reserve the right to charge interest on any unpaid invoice (whether fully or partly unpaid) at the rate of 4% per month (or part thereof) per annum above the then current base rate accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
13.7 Time for payment shall be of the essence.
13.8 VAT is payable on all transactions in the European Union. Customers with delivery addresses outside the European Union are not liable for VAT. Customers outside Germany are fully liable for any import duty or taxes or additional charges made by customs or other authorities. The Company accepts no liability for the payment of any import, export or similar duty or tax imposed due to shipping of Products outside Germany.
13.9 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or in part. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.
14. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Company.
15.1 Except in respect of death, or personal injury resulting from our negligence, our cumulative liability for any loss or damage shall be limited to the cost of any Products supplied by us save where otherwise required in accordance with this Agreement.
15.2 Except in respect of death or personal injury resulting from our negligence, We shall not be liable, in Contract, tort (including negligence), or otherwise for:
15.2.1 any loss of profit, business, Contracts, revenues, or anticipated savings; or
15.2.2 any special, indirect, or consequential damages of any nature whatsoever, resulting from any act or omission on our part or any other person authorized by us.
15.3 Nothing in this agreement excludes or limits our liability for:
15.3.1 death or personal injury caused by our negligence;
15.3.2 fraud or fraudulent misrepresentation;
15.3.3 any breach of the obligations implied by applicable trading acts.
15.3.4 defective products under the applicable consumer protection law; or
15.3.5 any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
15.3.6 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
15.4 For the avoidance of doubt, any resuscitation (successful or otherwise) carried out by the Customer or any other user or third party, whether or not a Defibrillator Product supplied by us is used, or following our provision of the Services is carried out entirely at your own risk. We accept no liability for any special, direct, indirect, or consequential damages of any nature whatsoever resulting from any actual or attempted resuscitation except in respect of death, or personal injury resulting from our negligence.
15.5 It is the Customers responsibility to ensure that the equipment is used and operated only as specified in the Manufacturer's users manuals, guides or training video supplied with the equipment It is the customers and users responsibility to be aware of all possible consequences of actual or attempted resuscitation.
16.1 It is the customers’ responsibility to ensure that the customer and any other potential users of the Product are adequately and appropriately trained and that this training is kept up-to-date with appropriate regular retraining.
16.2 We advise everyone who has access to, or who may be a user of, a Defibrillator Product to attend a comprehensive training course (from a reputable training organisation) that adheres to the training guidelines laid down by European Resuscitation Council for potential uses of Automatic External Defibrillators (AEDs).
16.3 The customer undertakes and agrees that:
16.3.1 You and other potential users of the Products are already adequately trained in the use of a Defibrillator AND/OR that you will obtain appropriate training for yourself and other potential users; and
16.3.2 The Company shall not be liable for any special, direct, indirect, or consequential damages of any nature whatsoever resulting from: a) any training provided to the customer by any third party or: b) any training provided by the customer themselves.
16.4 It is the customers’ responsibility to ensure that the customer and any other potential users of any defibrillator have read and understood the users guides and manuals supplied with the Defibrillator and have also watched the training video supplied. It is the customer’s responsibility to ensure that the equipment is used and operated only as specified in the user’s manuals and guides supplied with the equipment It is the customers and users responsibility to be aware of all possible consequences of actual or attempted resuscitation.
17.1 Force majeure:
17.1.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
17.1.2 The Company shall not be liable to the Customer as a result of any delay or failure to perform its obligations under the Contract as a result of a Force Majeure Event.
17.1.3 If the Force Majeure Event prevents the Company from providing any of the Services and/or Products for more than 26 weeks, the Company shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
17.2 No Waiver
17.2.1 Our failure to insist upon strict performance of any provision of these terms and conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these terms and conditions.
17.3.1 In the event that any or any part of these Terms and Conditions shall be determined invalid, unlawful or
unenforceable to any extent such term, condition or provision shall be severed from the remaining Terms and
Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.