General Terms and Conditions of Business
General Terms and Conditions of Business for the sale of goods through the online shop of Becton Dickinson Rowa Germany GmbH (“Webshop GTC”)
Section 1 General Provisions, Scope of Application, Range of Customers
- These General Terms and Conditions of Business shall apply to companies only and not to consumers.
- These Webshop GTC shall exclusively apply; BD Rowa will not recognise and/or accept any customer terms and conditions which contradict or deviate from these Terms and Conditions of Business. Any such customer terms and conditions shall be deemed excluded.
- We only sell our products to companies who have their seat of business in the United Kingdom and provide a delivery address the United Kingdom.
Section 2 Registration
- Our shop products are only for sale to companies. Before sending a purchase order, you must register as a customer with us and prove that you are an company.
- Users are given a separate access code and a password. Users shall treat this access code as confidential and not disclose it for use by third parties. If the access code and/or password are lost, users shall notify us without undue delay and have the data blocked.
Section 3 Conclusion of Agreement, Product Illustrations in the Shop
- The presentation of our range of products and services in our online shop does not constitute a legally binding offer.
- When a customer sends a purchase order to us from the online shop by electronic means and we receive said order, the customer shall be deemed to make an binding offer for purchase of the listed products. The customer shall be bound by this offer for 1 day.
- We shall immediately send the customer a receipt confirmation of the purchase order. An agreement for the goods ordered shall be deemed as soon as we accept the purchase order.
Section 4 Delivery / Ability to Deliver
- BD Rowa shall not be deemed to be in delivery default if, for reasons for which BD Rowa is not responsible, a sub-supplier fails to supply BD Rowa correctly or punctually, although said sub-supplier had an obligation to do so in accordance with the underlying agreement with BD Rowa. BD Rowa shall apply reasonable effort to mitigate the consequences for the customer.
- The period of performance shall be extended if unforeseen events outside the control of BD Rowa arise, e.g. operational disruptions, delays in the supply of essential materials (jointly the “Events”), insofar as such Events can be proved to have significantly prevented the supply of products and if BD Rowa is not responsible for the grounds giving rise to such Events. The period of performance shall be extended in accordance with the time period in which the Events prevail BD Rowa shall not be deemed responsible for the grounds giving rise to such Events even if they arise when a delay has already occurred.
- Shipping shall always be at the risk of the customer.
- BD Rowa shall have the right to make partial deliveries, provided that the customer can be reasonably expected to accept the same, in particular when supply of the remaining goods on order is ensured and the customer does not incur either significantly more work or significantly greater costs as a result, unless BD Rowa expresses its willingness to pay such costs. Each partial delivery can be billed separately.
Section 5 Terms of Payment, Advance Payment, Means of Payment
- All prices shall be quoted excluding the applicable value-added tax and shipping costs.
- The agreed remuneration shall be paid in advance. If the customer has credit resulting from webshop vouchers, this shall be deducted from the remuneration payable. No partial and/or full payment in cash of credit resulting from webshop vouchersshall be possible.
- As means of payment, we accept credit cards, Paypal, instant bank transfer. Upon payment by credit card, the amount shall be debited from the credit card account when the purchase agreement is concluded.
- Upon disclosure of your credit card details, you authorise the transaction and debiting of the purchase price from the account. When the agreement is concluded and your credit card details are forwarded to the credit card provider, this shall be deemed as prior authorisation and limitation of the credit line of your credit card account.
- Goods shall be supplied free of charge in the United Kingdom if the invoiced amount is exceeding GBP 200 net.
Section 6 Reservation of Title
We reserve the title to the goods supplied until the purchase price has been paid in full.
Section 7 Customer Claims for Defects
- Claims of the customer for defects shall be subject to a time limitation of 12 months.
- Number 1 does not apply
- if BD Rowa has wilfully concealed the defect
- if BD Rowa has furnished a warranty for the qualities of the item / service or for durability and the defect is covered by this warranty
- to any damages claims by the customer relating to compensation for injury to body or health. BD Rowa will be liable to the statutory degree for all and any culpable injury to life, body or health.
- to any damages claims by the customer based on a grossly negligent breach of duty by BD Rowa or an intentional or grossly negligent breach of duty by the legal representative of BD Rowa or a vicarious agent of BD Rowa
- to claims based on a culpable breach of the duty of BD Rowa to hand over the subject of performance free from material and legal defects and to obtain the title to the same.
3. There shall be no material defect if BD Rowa supplies the customer with a quantity less than that ordered and/or a higher-quality product. In the event of supply of a smaller quantity, the customer shall only have the legal remedyto subsequent supply of the missing amount.
4. Rectification of a defect is not deemed failed even after an unsuccessful second attempt.
Section 8 Liability
- BD Rowa shall be liable in accordance with statutory laws for any and all culpable injury to life, body or health.
- Other than that, claims by the customer are ruled out.
- Number 2 does not apply
- in the event of intent or gross negligence on the part of BD Rowa
- to claims based on a culpable breach of the duty of BD Rowa to hand over the subject of performance free from material/legal defects and to obtain the title to the same. In such a case, BD Rowa will be liable for the foreseeable average loss typical for this type of agreement.
- if BD Rowa wilfully conceals the defect
- if BD Rowa has furnished a warranty for the qualities of the item / service or for durability and the defect is covered by this warranty.
Section 9 Place of Fulfilment and Legal Venue, Ineffective Provisions
- Insofar as the customer is a merchant, the place of fulfilment for all performance is the seat of business of BD Rowa.
- The legal venue for all disputes relating to this agreement is the court having jurisdiction at the seat of business of BD Rowa.
- German laws shall apply, with exclusion of its Private International laws and the UN Convention on on the International Sale of Goods, even if the customer’s seat of business is located abroad.
- If a provision is or becomes null and void, the effectiveness of the other provisions will not be prejudiced thereby.
Kelberg, 10 October 2016