Terms of Service
the company ophthalplanet

Owner Thomas Weickhardt

Henschelring 13, 85551 Kirchheim, Germany

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1. Preliminary remarks

1. The deliveries, services and offers of ophthalplanet are made exclusively on the basis of these General Terms and Conditions.

2. These General Conditions of Sale apply only to unauthorized persons, legal entities of public law or special funds under public law.

3. Contrary or deviating from these general terms and conditions of business or purchase conditions of the buyer is hereby expressly contradicted, unless ophthalplanet had expressly agreed in writing their validity. Such consent is only valid for the individual case, not for earlier or future benefits.

4. These general terms and conditions also apply if ophthalplanet, in the knowledge of conflicting or deviating conditions of the buyer, carries out the delivery to the buyer without reservation.

5. Deviations from these conditions of sale require the express written acknowledgment of ophthalplanet

 

2. Subject of the contract

1. The subject of the contract is solely the delivery of the goods or the service defined in the respective item description. Drawings, illustrations, dimensions or other performance data are only binding if confirmed in writing by ophthalplanet.

2. Contractual services that are not listed in the item description, in particular those that are made public for advertising purposes, are only part of the contractual item if ophthalplanet confirms this in writing.

3. As a condition of the subject matter of the contract, only the features listed in the order confirmation are considered agreed.

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3. Conclusion of contract

1. Ophthalplanet is entitled to accept an order from the customer by sending an order confirmation or by delivering the goods within two weeks. However, an order confirmation sent by ophthalplanet does not represent a binding acceptance of the order.

2. Offers, including those made on behalf of ophthalplanet, are non-binding. A contract is only deemed to be legally binding if it has been confirmed or carried out by ophthalplanet in writing.

3. All agreements made between ophthalplanet and the customer upon conclusion of the contract must be in writing.

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4. Prices, payment, offsetting

1. The prices quoted by ophthalplanet on the supply side are net prices, excluding packaging costs. For deliveries to other European countries VAT will only be levied if the order is accompanied by a valid VAT identification number. For delivery to non-European countries, VAT is not charged. The customer is obliged to observe the national tax regulations.

2. The buyer also has to bear the cost of the delivery. These are often not immediately determinable due to the diversity of the goods offered. Ophthalplanet will inform you of the actual shipping costs immediately upon your own knowledge.

3. Unless otherwise agreed in writing, ophthalplanet's invoices are payable immediately without deduction.

4. A delivery abroad takes place exclusively against advance payment. In this case the ordered goods will be sent to the buyer only after receipt of the invoice amount.

5. The buyer is in arrears when the contractual payment date is exceeded.

6. If the buyer is in default of payment, ophthalplanet shall be entitled to demand interest at the rate of 9% points above the base interest rate from the relevant point in time. If ophthalplanet can prove a higher damage caused by default, it is entitled to assert it.

7. If the buyer defaults on the payment of goods or services based on the same legal relationship, ophthalplanet is entitled, without prejudice to its other rights, to demand advance payments and to retain any goods not yet delivered or services not yet rendered.

8. The buyer is only entitled to offset if the counterclaims have been legally established, have been recognized by ophthalplanet or are undisputed. Counterclaims from the same contractual relationship are excluded from this netting off.

9. The buyer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

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5. Delivery time, transfer of risk

1. Compliance with the obligation to deliver presupposes the timely and proper fulfillment of the obligations of the buyer. The exception of the unfulfilled contract remains reserved. The customer assures to provide correct and complete address data. Should there be additional costs for shipment due to incorrect information, e.g. recurring shipping costs - so the customer has to carry these.

2. If the buyer is in debtor or default of acceptance, the risk of accidental transfer or accidental deterioration of the goods at the time of the buyer, in which he is in debtor or default of acceptance.

3. The agreed delivery periods and dates are always non-binding, unless expressly agreed otherwise in writing. The agreed delivery deadline is met if ophthalplanet has notified completion and readiness for collection of the goods to the buyer by the time of their expiry unless a delivery or delivery note has been agreed as an exception.

4. Ophthalplanet is entitled to partial deliveries and partial services, unless the partial delivery or partial line is not reasonable for the buyer.

5. If the goods are despatched at the buyer's request to this place or to a place of delivery designated by him, the risk of accidental loss or accidental deterioration of the goods shall pass to the buyer as soon as the goods have been handed over to the person carrying out the transport or for the purpose of Shipment has left the warehouse of ophthalplanet.This applies regardless of whether the shipment of goods from the place of performance and who bears the transport costs.

6. Operational disruptions, lack of energy or raw materials, traffic disruptions, where such events were unforeseeable, as well as strikes, lockouts, official orders and cases of force majeure exempt the party concerned from the obligation to deliver or accept the goods for the duration of the disruption and to the extent of their effect , If the delivery or acceptance is delayed by more than 3 months as a result, each of the parties is entitled to withdraw from the contract with regard to the quantity affected by the delivery or acceptance disruption.

7. For deliveries abroad, the buyer agrees to take into account the respective customs and import regulations and other regulations. Any costs for customs, import, storage and other fees arising from the delivery abroad shall be borne by the buyer; Any taxes are also to be paid by the buyer.

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6. Retention of title

1. Ophthalplanet retains ownership of the delivered goods to secure any claims it may have against the Buyer as a result of the business relationship. In case of breach of contract by the buyer, in particular in case of default of payment, ophthalplanet is entitled to take back the goods. The withdrawal of the goods by ophthalplanet means a withdrawal from the contract. Ophthalplanet st is authorized to recycle the goods after the goods have been taken back, and the proceeds of the exploitation are to be credited against the liabilities of the purchaser - less any reasonable costs of utilization.

2. The property of ophthalplanet extends to the new products resulting from the processing of the reserved goods. The processing takes place for ophthalplanet as manufacturer. If ophthalplanet does not belong to a processing, compound or mixture of goods, ophthalplanet acquires co-ownership in proportion of the invoice value of the reserved goods to the invoice value of the other materials.

3. All claims arising from the sale of reserved goods shall be assigned by the buyer including bills of exchange and checks to secure the respective claims. Ophthalplanet accepts this assignment. In the case of the sale of goods in which ophthalplanet has joint ownership, the assignment is limited to the portion of the claim corresponding to its co-ownership share.

4. As long as the buyer is willing and able to duly comply with his obligations to ophthalplanet, he may dispose of the goods owned or co-owned by ophthalplanet in the ordinary course of business and collect the claims assigned to ophthalplanet himself. Ophthalplanet undertakes not to collect the claim as long as the buyer meets its payment obligations from the proceeds received, does not default on payment and, in particular, no petition for the opening of insolvency proceedings or suspension of payments exists. If this is the case, ophthalplanet may demand that the buyer disclose the assigned claims and their debtors to ophthalplanet, provide all information necessary for collection, hand over the associated documents and notify the debtors of the assignment.

5. The buyer may only transfer chattel mortgages, pledges and assignments of claims, including by way of sale of receivables, with the prior written consent of ophthalplanet.

6. If the value of the securities exceeds the claims to be secured by more than 10%, ophthalplanet will release securities of its choice at the request of the buyer.

 

7. Rights of the buyer due to defects

1. The buyer must immediately after receipt of the goods to check whether it has the contractually agreed quality and is suitable for the intended use.

2. In the case of obvious defects, these must be reported to ophthalplanet immediately in writing. Hidden defects must be reported in writing immediately after their discovery. Otherwise, the delivery is considered approved.

3. Insofar as there is a defect in the goods, the buyer has the option of requesting the rectification of the defect within the framework of subsequent performance. A right of subsequent delivery does not exist, as a replacement item is not in stock and ophthalplanet can not procure it from third parties. If the supplementary performance within the meaning of § 440 S. 2 BGB fails, the buyer is entitled after his choice to withdraw from the contract or to reduce the purchase price. This also applies if ophthalplanet seriously and finally refuses the subsequent performance. If there is only an insignificant defect, the buyer has only a right to a reduction.

4. In the event of a dealer discount, the warranty is excluded, except in cases of intent, gross negligence and personal injury.

5. For the articles offered in the area of ​​the special items a 14 day right of return applies. All other warranty rights are excluded. The period begins with receipt of the goods. To keep the deadline, it is sufficient if you send the goods within the return period.

6. Except in cases of intent, gross negligence and personal injury, the warranty claims for the delivered goods, unless otherwise agreed in writing,                                                                                                                                                                                      - within 6 months                                                                                                                                                                          - for resellers / traders a warranty period of 14 days. (Reseller is the one who at the time of the conclusion of the contract with the seller has the will to resell the goods.)                                                                                                                                                    - The period begins with the time specified in § 199 BGB. It shall take effect no later than the expiry of the maximum periods specified in §199 (3) and (4) BGB.

7. If the buyer or a third party improperly carries out repair work or changes to the goods, no claims for defects are made for these and the resulting consequences.

8. Ophthalplanet shall not bear any transport, travel, labor and material costs for the purpose of supplementary performance, insofar as these increase because the goods have been moved to a place other than the buyer's place of business after delivery, unless the shipment complies its intended use.

9. Warranty claims shall not exist for only insignificant deviation from the agreed quality, for insignificant impairment of the usability, for natural wear or tear and for damages arising after the transfer of risk as a result of faulty or negligent use, excessive use, faulty assembly or special external influences, which are not required under the contract. Furthermore, claims for material defects do not exist if the buyer has not followed the instructions (in particular arising from the operating instructions) regarding the use, treatment, maintenance, inspection and care of the goods.

10. The warranty is excluded for batteries, bulbs and wearing parts.

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8. Liability

1. All claims for damages of the buyer against ophthalplanet are excluded, irrespective of the legal basis, unless ophthalplanet or its vicarious agents acted intentionally or through gross negligence or at least negligently violated material contractual obligations. Significant contractual obligations are those obligations that protect contract-relevant legal positions of the contracting party which the contract has just to grant according to its content and purpose. Also essential are those contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contracting party has trusted and was allowed to trust.

2. In the case of gross negligence or slightly negligent violation of a material contractual obligation, the damages are limited to the typical and foreseeable damage.

3. Liability for damage that does not arise on the subject matter of the contract is excluded except in cases of intent and gross negligence

4. The liability for malicious behavior of ophthalplanet for assumed guarantees, for claims under the Product Liability Act as well as damages resulting from injury to life, limb or health remains unaffected.

5. Insofar as the liability of ophthalplanet is excluded or limited, this shall also apply to the personal liability of employees, employees, employees, representatives and vicarious agents of ophthalplanet.

6. For all claims for damages or compensation for futile expenses in case of contractual and non-contractual liability, which are asserted against ophthalplanet - except in cases of intent, gross negligence or personal injury - is a limitation period of one year. The period begins with the time specified in § 199 BGB. It enters into force no later than the expiry of the maximum periods specified in § 199 (3) and (4) BGB.

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9. Storage of the contract text

Ophthalplanet saves the contract text. Upon request, ophthalplanet will send the order confirmation, order confirmation with all order data and the general terms and conditions to the e-mail address given by the buyer.

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10. Final Provisions, Applicable Law, Jurisdiction

German law applies to the exclusion of UN sales law unless otherwise agreed in writing.

The exclusive place of jurisdiction for all disputes in connection with the business relationship is the registered office of Ophthalplanet. Ophthalplanet is, however, entitled to sue the buyer at his general place of jurisdiction. If the buyer has no general place of jurisdiction in Germany or in another EU member state, the place of jurisdiction for all disputes arising out of and in connection with this contract shall be the registered office of ophthalplanet.

Place of performance is the place of business of the seller.

Should one or more provisions in these terms and conditions be or become ineffective, incomplete or in need of supplementation, the validity of all other provisions shall remain unaffected.

In this case, the contracting parties undertake to adopt a provision which comes closest to the economic purpose of the ineffective provision or fills in this gap.

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As of April 2018

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