General Terms and Conditions

1. Scope of Application

For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.


2. Contractual Partner, Conclusion of Contract

The purchase contract is concluded with W Medical Systems GmbH.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order is sent by e-mail immediately after sending the order and does not constitute acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within 2 days.

A binding contract can also be concluded beforehand as follows:

If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.

The languages available for the conclusion of the contract are German and English.

You can view the terms and conditions at any time here on this page.



3. Delivery Conditions

Shipping costs are added to the indicated product prices. You can find out more about the shipping costs here.

We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.


4. Payment

In our store the following payment methods are available:

Prepayment: If you select the payment method payment in advance, we provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.

PayPal: You pay the invoice amount via the online provider PayPal. You must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. You will receive further instructions during the ordering process.

Invoice: Payable within 7 days without deduction (only valid for customers with invoice address in Germany, Austria or Switzerland).


5. Retention of Title

The goods remain our property until full payment.

For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.


6. Transport Damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance.

The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.



7. Warranty and Guarantee

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.

With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).

The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases:

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
  • within the scope of a guarantee promise, as far as agreed upon
  • insofar as the scope of application of the Product Liability Act is opened.

Information on any additional warranties that may apply and their precise conditions can be found in the user guide for the respective product.

Customer service: You can reach our customer service by e-mail at: info@wmedicalsystems.com.



8. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty
  • in the case of warranty promises, insofar as agreed
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.


9. Online Dispute Resolution

Online dispute resolution in accordance with Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.


10. Final Provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.