Terms and Conditions

Last updated: October 15, 2024

These Terms and Conditions (Terms and Conditions) describe how GADGETTO Products GmbH (applicable references: the "Site", "we", "us" or "our") defines the terms and conditions when you visit shop.hamberger-medical.com (the "Site"), use our services, make a purchase from there, or otherwise communicate with us regarding the Site (collectively, the "Services"). For the purposes of these Terms, "you" and "your" refer to you as a user of the Services, whether you are a customer, website visitor, merchant or any other person whose information we have collected in accordance with the Privacy Policy.
Note: We ask for your understanding that we generally use the male form for the sake of simplicity, but of course this includes all genders.

Please read these terms carefully.

Please also consider the data protection, guarantee declaration, right of withdrawal and payment pages.
 
There are no oral side agreements. Changes to these General Terms and Conditions must be made in writing.

§1 Changes to the Terms and Conditions
§1.1 We may update these Terms and Conditions from time to time, including to reflect changes in our practices or for other operational, legal or regulatory reasons. We will post the revised Terms and Conditions on the website, update the date on the reference to "Last updated" and take any other steps required by law. When introducing the amended Terms and Conditions, we are not obliged to explicitly inform you of the change, the period for objection and the consequences of not raising an objection. The provisions in the current version apply to each contract conclusion.

§1.2 The contractual partner is GADGETTO Products GmbH, c/o REVONEER GmbH, Boschetsrieder Str. 69, 81379 Munich (hereinafter “Seller”, “we”, “us”).

§1.3 Customers within the meaning of these terms and conditions can be consumers (hereinafter "customer", "you", "your"). Consumers within the meaning of the terms and conditions are natural persons who conclude contracts for a purpose that cannot predominantly be attributed to their commercial or professional activity.

§2 Conclusion of contract, formation of the contract

§2.1 The offers and article presentations do not constitute a binding offer. Only your order is a binding offer according to § 145 of the German Civil Code (BGB), which we can accept. After sending the order, we will first send you an order confirmation by email. If we accept your order, you will receive an order confirmation by email within 5 working days of receiving your order, with which the contract is concluded.

§2.2 When you have found the product you want, you can take a closer look at it without obligation by clicking on the product name or product image. You can put the item in your shopping cart by clicking on the [Add to cart] button. You can view the contents of your shopping cart at any time without obligation by clicking on the shopping cart button in the top right-hand side of the website. You can remove or change the products from your shopping cart. If you want to buy the products in your shopping cart, click on the button on the "Shopping cart" page. In the further course of the ordering process, you set up a customer account with us for your first purchase and select the shipping and payment method. In the last step, you will receive an overview of your order data under "Order information" and can check all the information again and delete or change it under [correct] . You can also correct input errors by navigating backwards in the browser or canceling the ordering process and starting over. To complete the purchase, you must accept our general terms and conditions and press the [Buy] button. This will send the order to us.

§2.3 By placing the products in the online shop, we make a binding offer to conclude a contract for these items.

§2.4 You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at this email address. In particular, when using so-called spam filters, you must ensure that all emails sent by us or by third parties commissioned by us to process orders can be delivered or can be viewed in the corresponding spam folder / junk email folder.

§3 Storage of the contract text
We save your order, the order data you entered and the entire contract text. We will send you an order confirmation by email and then an order confirmation.
If registration in the online shop takes place before completing the shopping cart process for the customer account, the contract text can also be accessed via the respective customer account after entering the personal access data, as long as the customer account is not deleted by us independently or on your behalf.
 

$4 Prices and Shipping
The shipping costs are based on the usual costs according to the recipient address (shipping within Germany, shipping within the EU, shipping worldwide), depending on the size and weight of the delivery. We ship with DHL Warenpost or Deutsche Post within Germany. We deliver outside of Germany with DHL (EU) or another provider of our choice. The corresponding shipping costs can be found as information during the ordering process.

§5 Delivery Conditions

§5.1 We deliver worldwide.

§5.2 Unless otherwise stated in the offer, the goods will be delivered within 4 - 6 working days after receipt of the order.

§5.3 The delivery of goods takes place by shipping to the delivery address provided by you, unless otherwise agreed at the time of purchase. If the delivery of the goods fails for reasons for which you are responsible, you will bear the reasonable costs incurred as a result. This does not apply to the costs of sending the goods to you if you effectively exercise your right of cancellation. If you effectively exercise your right of cancellation, the provisions in the cancellation policy apply to the return costs.

§5.4 In addition to the stated product prices, shipping and insurance costs may apply. You can find out more about the shipping costs in our offers and during the ordering process. The shipping costs are based on the valid prices for postal delivery according to the size and weight of the delivery including statutory VAT, in the case of retailers: sales tax. When purchasing products outside Germany, the (value added) tax rate applicable in the respective country applies. Please note the delivery countries specified in the shop.

§5.5 Collection of the products at the business address is not possible.

§6 Vouchers and discounts
Vouchers, also known as promotional vouchers, are given to you as follows, depending on the case: digitally or as a printout. Vouchers include a corresponding code to enter. This code can be limited in time or by the number of times it can be used in the shop. Discount campaigns can be seen directly in the shop if necessary. We reserve the right to limit promotional vouchers in time, to attach conditions, e.g. to the order amount, or to end discount campaigns at our discretion. Vouchers and discounts cannot be paid out. No interest is paid. We reserve the right to transfer vouchers.

§7 Terms of Payment

§6.1 The possible payment options will be displayed for you to select during the payment process.

§6.2 We reserve the right to exclude individual payment methods.

§6.3 We reserve title to the purchased item until the invoice amount has been paid in full.

§8 Transport damage

§8.1 The following applies to consumers: If products are delivered with obvious transport damage, please report such defects as soon as possible at the delivery person to complain. We ask you to contact us immediately. Failure to make a complaint or to contact us has no consequences for legal claims and their enforcement, in particular warranty rights. However, prompt information helps us to assert our own claims against the freight carrier or transport insurance.

§8.2 The following applies to companies: Responsibility for the quality of the transport delivery passes to you as soon as we have delivered the goods to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects as set out in § 377 of the German Commercial Code applies. If companies fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection.

§9 Warranty
If you are a consumer, the warranty is provided in accordance with the statutory provisions.

§10 Liability
We are liable without limitation for intent and gross negligence and in accordance with the provisions of the Product Liability Act. In the case of slight negligence, we are liable for injuries to life, body and health of persons.
In other cases, we are only liable for minor negligence in the event of a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on whose compliance the contractual partner relies. Liability in the event of a breach of such essential contractual obligations is limited to the damage typical of the contract, the occurrence of which we had to expect when concluding the contract based on the circumstances known at that time. This limitation of liability also applies to the benefit of the authorities and partners required for fulfillment.

Product liability is the responsibility of:
Distributor: be-on-market GmbH | Lilienstraße 33 | 91244 Reichenschwand | Germany

§11 Customer Service
If you have any questions, complaints or claims, please contact us. You can reach us during the stated business hours using the contact details provided (see "Contact").

§12 Copyright
All content and works on the website, product descriptions and the products themselves created by us are subject to German copyright law. Duplication, processing, distribution and use of the content is not permitted without the express consent of us or the contact persons (see Section 21). Downloads and copies of the site are only permitted for private, non-commercial use.
When creating the content, the copyrights of third parties are observed. In particular, third-party content is marked as such or appropriate licenses are acquired. If copyright infringements are discovered, we must be informed. We will delete the content immediately upon becoming aware of such a copyright infringement.

$13 Other

§13.1 The contract language is German.

§13.2 The European Commission provides a platform for online dispute resolution (ODR). This can be accessed via the following internet address: https://ec.europa.eu/consumers/odr/ .

We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.

§13.3 If one or more provisions of these General Terms and Conditions are invalid, the remainder of the contract shall remain valid. To the extent that the provisions are invalid, the content of the contract shall be governed by the statutory provisions.