General Terms and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (CardioVibe, owner Anna Scheglov) via the website cardiovibe.de. Unless otherwise agreed, any terms and conditions you may use will be rejected.
(2) Consumers within the meaning of the following provisions are natural persons who enter into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. Entrepreneurs are natural or legal persons or legal partnerships with legal capacity who act in the exercise of their commercial or self-employed professional activity when entering into a legal transaction.
§ 2 Formation of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description, unless otherwise agreed.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart." You can access the "shopping cart" by clicking on the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.
If you choose an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will be either redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online store.
Before submitting the order, you have the opportunity to review the information in the order overview, make changes (including using the "back" function of the web browser), or cancel the order.
By clicking the corresponding button ("place binding order," "buy" / "buy now," "place binding order," "pay" / "pay now," or similar designation), you make a legally binding acceptance of the offer, and the contract is concluded.
(4) Your requests to create an offer are non-binding for you. We will submit a binding offer to you in writing (e.g., via email), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all necessary information related to the conclusion of the contract will be carried out by email, partly automated. Therefore, you must ensure that the email address you provided to us is accurate, that the receipt of emails is technically ensured, and, in particular, that it is not prevented by SPAM filters.
§ 2.1 Special Agreements for Equipment Rental
(1) The subject matter of the contract is the rental of goods.
(2) The rental agreement is concluded for the rental period specified on the website and ends automatically upon expiration of the contract period without the need for termination. After the rental agreement ends, the customer must return the rented item in a clean and proper condition. The customer is liable for any damages or defects caused to the rented item and bears the costs of restoration.
(3) The customer is obligated to handle the rented item with care and protect it from damage. If any defects or damages occur, the customer must inform the lessor.
(3) The customer is obliged to handle the rented item with care and protect it from damage. If, however, any defects or damages occur, the customer must inform the lessor immediately. The rented item may only be used for the purpose agreed upon in the contract.
(4) The return shipment is at the expense of the lessor for purchases within Germany. For purchases from other countries, the customer bears the costs of the return shipment.
(5) By listing the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(6) The contract is concluded through the online shopping cart system as follows:
The goods intended for rental are stored in the "shopping cart." You can access the "shopping cart" by clicking on the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.
If you choose an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will be either redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online store.
Before submitting the order, you have the opportunity to review the information in the order overview, make changes (including using the "back" function of the web browser), or cancel the order.
By clicking the corresponding button ("place binding order," "buy" / "buy now," "place binding order," "pay" / "pay now," or similar designation), you make a legally binding acceptance of the offer, and the contract is concluded.
(7) Your requests to create an offer are non-binding for you. We will submit a binding offer to you in writing (e.g., via email), which you can accept within 5 days (unless a different period is specified in the respective offer).
(8) The processing of the order and the transmission of all information required for the conclusion of the contract are carried out by email, partly automated. Therefore, you must ensure that the email address provided by you is accurate, that the receipt of emails is technically ensured, and in particular, that it is not prevented by spam filters.
Section 3 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method offered through "PayPal" / "PayPal Checkout," the payment processing will be carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods through "PayPal" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply for this, you will be notified separately. For more information about "PayPal," please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Mollie"
If you choose a payment method offered through "Mollie," the payment processing will be carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie"). The individual payment methods through "Mollie" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "Mollie" may use other payment services for payment processing; if special payment conditions apply for this, you will be notified separately. For more information about "Mollie," please visit https://www.mollie.com/de.
(3) Payment via "Stripe"
If you choose a payment method offered through "Stripe," the payment processing will be carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods through "Stripe" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "Stripe" may use other payment services for payment processing; if special payment conditions apply for this, you will be notified separately. For more information about "Stripe," please visit https://stripe.com/de.
Section 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention to the extent that it arises from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price.
(3) If you are a business owner, the following provisions apply additionally:
a) We reserve the right to retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership as security is not permitted.
b) You are permitted to resell the goods in the ordinary course of business. In this case, you already assign to us all claims arising from the resale up to the amount of the invoice value, and we accept the assignment. You are further authorized to collect the receivables. However, if you fail to fulfill your payment obligations properly, we reserve the right to collect the receivables ourselves.
c) In the event of the connection or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title in relation to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
Section 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods upon delivery for completeness, obvious defects, and transportation damage, and to promptly notify us and the carrier of any complaints. Failure to do so will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before submitting the contractual declaration by us, and the deviation was expressly and separately agreed upon between the contracting parties.
(4) If you are a business owner, the following deviations from the above warranty provisions apply:
a) Only our own statements and the product description provided by the manufacturer shall be deemed agreed upon as the quality of the goods, and not other advertisements, public praise, or statements made by the manufacturer.
b) In the event of defects, we shall provide warranty by means of rectification or replacement at our discretion. If the rectification of the defect fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of the defect shall be deemed unsuccessful after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs resulting from the transportation of the goods to a place other than the place of performance, unless such transportation does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- to damages attributable to us that have been culpably caused by the violation of life, body, or health and to damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their usual intended purpose and have caused its defectiveness;
- to statutory recourse claims that you have against us in connection with warranty rights.
Section 6 Choice of Law
(1) German law applies. This choice of law applies to consumers only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
II. Customer Information
1. Identity of the Seller
CardioVibe
Owner: Anna Scheglov
Hullerser Straße 22
37574 Einbeck
Germany
Phone: +49 176 60365693
Email: support@cardiovibe.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which you can access at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the contract itself, and the correction options are carried out in accordance with the provisions on the "Conclusion of the Contract" stated in our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, you can print or electronically save the contract data using the print function of your browser. After receiving the order from you, we will send you the order data, legally required information for distance contracts, and the General Terms and Conditions by email.
3.3. For inquiries made outside the online shopping cart system, you will receive all contract data as part of a binding offer in written form, such as by email, which you can print or electronically save.
4. Codes of Conduct
4.1. We are subject to the quality criteria of the Händlerbund Management AG Buyer Seal, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2. We are subject to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers, as well as the shipping costs, represent the total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. You can access them by using the designated button on our website or in the respective offer. They will be separately displayed during the order process and are to be borne by you, unless free shipping has been promised.
6.3. If the delivery is made to countries outside the European Union, additional costs may be incurred that are not attributable to us, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which are to be borne by you.
6.4. You are responsible for any costs of money transfer (bank transfer or exchange rate fees charged by credit institutions) incurred in cases where the delivery is made to an EU member state but the payment is initiated outside the European Union.
6.5. The available payment methods are indicated by a corresponding button on our website or in the respective offer.
6.6. Unless otherwise stated for each payment method, payment claims arising from the concluded contract are due for immediate payment.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found by using the designated button on our website or in the respective offer.
7.2. If you are a consumer, it is statutorily regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured
or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment are at your risk.
8. Legal Warranty Rights
The warranty is subject to the provisions of the "Warranty" section stated in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been prepared by the legal experts of the Händlerbund specialized in IT law and are continuously reviewed for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: November 29, 2022.