Terms and conditions
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products by Timo Linzner, Stoma na und, Villinger Str. 12/1, 71522 Backnang (hereinafter Vendor) to you, in the version valid at the time of the order .
(2) Deviating terms and conditions of the customer will be rejected.
(3) Please read these conditions carefully before placing an order with Timo Linzner, Stoma na und, Villinger Str. 12/1, 71522 Backnang. By placing an order with Timo Linzner, Stoma na und, Villinger Str. 12/1, 71522 Backnang, you agree to the application of these General Terms and Conditions to your order.
(4) On Stoma na and (Timo Linzner) we offer you the sale of the following products:
Ostomy belts, ostomy bandages, ostomy shorts, ostomy fragrances, ostomy book, ostomy spacers, hernia bandages, ostomy bag covers, bandages for tubes, catheters and peritoneal dialysis
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German and English.
(2) The offers are aimed Europe-wide at end customers with a billing and delivery address.
(3) The customer must have reached the age of 16.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. The presentation of the goods merely prompts the customer to make an offer.
(5) Your order represents an offer to Stoma na and (Timo Linzner) to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information required there and in the last order step the button click "buy".
(6) The purchase contract between the provider and the customer only comes into existence through a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either the goods are sent or a shipping confirmation is sent by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the sense mentioned above.
(7) Your orders will be saved by us after the conclusion of the contract. If you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order details.
(8) By registering, the customer accepts these General Terms and Conditions. With the registration, a contractual relationship arises between Stoma na and (Timo Linzner) and the registered customer, which is based on the provisions of these General Terms and Conditions.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory VAT and do not include shipping costs.
(2) Despite our best efforts, a small number of products in our catalog may be mispriced. We verify prices when we process your order and before we take payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before the goods are dispatched to ask whether you wish to purchase the product at the correct price or cancel the order . If the correct price of a product is lower than the price we quote, we will charge the lower amount and send you the product.
(3) The prices at the time of the order apply. If list prices should be available, the prices of the list price valid at the time of the order apply.
§ 4 Delivery and Cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by Stoma na and (Timo Linzner) (e.g. on the respective product detail page). We would like to point out that all information on the availability, shipping or delivery of a product is only expected information and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates.
(2) If Stoma na and (Timo Linzner) determine during the processing of your order that the products you have ordered are not available, you will be informed of this separately by e-mail or by a message in your customer account. The legal rights of the customer remain unaffected.
(3) If delivery to the customer is not possible because the customer cannot be found at the delivery address specified by him, although the customer was informed of the delivery time within a reasonable period of time, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery depends on the customer's payment method. In the case of advance payment, the delivery takes place after the payment has been made
order to the transferring bank within 3 - 4 working days. When paying by PayPal, credit card or invoice, the delivery takes place within 3 - 4 working days after the conclusion of the contract.
§ 5 Customs
(1) If you order products from Stoma na und (Timo Linzner) for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the designated destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.
(2) Please also note that when ordering from Stoma na und (Timo Linzner) you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.
§ 6 Terms of Payment
(1) Any accrued fee is to be paid in advance, at the time it is due, without deduction to Stoma na and (Timo Linzner).
(2) The customer can pay for the goods or services using the following payment methods:
-Paypal
- Credit card
- Payment in advance
(3) The customer is not permitted to pay for the goods or services by sending cash or checks.
(4) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.
(5) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.
(6) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due.
(7) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days after the goods have been dispatched without any discount being deducted.
(8) If the customer is in default with the payment, the provider reserves the right to assert the damage caused by default.
§ 7 Retention of title
Timo Linzner, Stoma na und, Villinger Str. 12/1, 71522 Backnang, reserves ownership of the goods until full payment.
§ 8 Damage in transit
(1) If the customer receives the goods with obvious transport damage, the provider asks him to complain about this as soon as possible.
(2) If the customer fails to make a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
§ 9 Right of Defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase are based on the statutory provisions: According to this, customers in the European Union have warranty rights for a period of two years from the delivery of the goods in addition to their 30-day return guarantee and may request the repair or replacement of products purchased from Stoma na und (Timo Linzner) if they prove defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.
§ 10 Limitation of Liability (Products)
(1) The provider is liable for claims for damages by the customer resulting from injury to life, limb, health or from the violation of essential contractual obligations, as well as for other damages that are due to their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider based.
(2) The provisions of the Product Liability Act remain unaffected.
(3) Insofar as the liability of Stoma na and (Timo Linzner) is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 11 cancellation policy
(1) Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, returned the goods (or the last goods, partial shipment or piece in the case of a contract
s about several goods of a single order or the delivery of a product in several partial shipments or pieces) without giving reasons.
In order to exercise your right of withdrawal, you must inform us
"Timo Linzner, Stoma na und, Villinger Str. 12/1, 71522 Backnang
Telephone: +49 7191 494686
Email: info@stoma-na-und.de"
by means of a clear statement (e.g. a letter sent by post, by e-mail or by telephone) of your decision to withdraw from this contract. You can use the model cancellation form that is enclosed with the shipment and can be downloaded from our website, or you can send us another clear statement. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to meet the cancellation period, it is sufficient for you to send the notification of your exercise of the right of cancellation before the cancellation period has expired and for you to have returned the goods within the period defined below.
(2) Consequences of revocation
If you revoke this contract, we must reimburse you for all payments that we have received from you, including the delivery costs, immediately and at the latest within 14 days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You have the goods immediately and in any case no later than 14 days from the day on which you inform us about the cancellation of this contract
Timo Linzner, RETURNS, Stoma na und, Villinger Str. 12/1, 71522 Backnang
Telephone: +49 7191 494686
Email: info@stoma-na-und.de
to be returned or handed over. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.
(3) Exceptions to the Right of Withdrawal
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of cancellation does not exist or expires with the following contracts:
• for the delivery of goods that are not suitable for return for reasons of health protection or hygiene.
• for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs
§ 12 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
• for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(2) The right of withdrawal expires prematurely for contracts
• for the delivery of goods that are not suitable for return for reasons of health protection or hygiene.
§ 13 data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.
(3) Third parties are not authorized to use contact data for commercial activities if the provider has given the persons concerned prior written consent.
(4) You have the right to receive complete and free information from Stoma na and (Timo Linzner) about the database concerning you at any time.
(5) Furthermore, the user has the right to correction/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 14 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique
ge identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, the users of this website can be provided with more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies. A banner is available to you for this purpose, which you can object to/accept.
(6) You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. Instructions for preventing and deleting cookies can be found in the help function of your browser or software manufacturer.
§ 15 Place of Jurisdiction and Applicable Law
(1) The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes arising from this contract, to the exclusion of the UN Sales Convention.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 16 Final Provisions
(1) Contract language is German.
(2) We do not offer products for sale by minors. Our products for children can only be purchased by adults.
(3) If you breach these Terms and we do nothing about it, we shall still be entitled to exercise our rights on any other occasion where you breach these Terms of Sale.
(4) We reserve the right to make changes to our website, regulations, conditions including these General Terms and Conditions at any time. The terms and conditions of sale, contract terms and general terms and conditions in force at the time of your order apply to your order, unless a change to these terms is required by law or official order (in which case they also apply to orders that you have previously made). If any provision of these Terms of Sale is held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
If you still have questions:
+49 7191 494686 or by email info@stoma-na-und.de