Terms of service

Terms and Conditions of Sale

Terms and Conditions within the framework of purchase agreements concluded via the platform dr-khouzami-icp between Dr. Khouzami Laborgeräte, Owner: Dr. Fouad Khouzami, Stadtparkinsel 15, 41515 Grevenbroich, Germany, Phone: +49 (0) 2181 / 3707, Fax: +49 (0) 2181 / 62 99 7, Email: info@dr-khouzami-icp.de, Webshop: https://dr-khouzami-icp.de, Website: http://www.dr-khouzami.de, VAT ID No.: DE176134705 – hereinafter referred to as the "Provider" – and the customers specified in Section 1 (2) of the contract – hereinafter referred to as the "Customer".

§ 1 Scope, Definitions

(1) For the business relationship between the webshop provider (hereinafter: "Provider") and the Customer (hereinafter: "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Any deviating conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) Only those customers who are based in a member state of the European Union (EU) or the Agreement on the European Economic Area (EEA) and maintain a branch office in Germany are entitled to use this webshop. Furthermore, the customers must be entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), i.e., natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the contract. Consumers, on the other hand, are not entitled to use the webshop.

§ 2 Conclusion of Contract

(1) The Customer may select products from the Provider's range and collect them in a so-called "shopping cart" via the button "Add to cart". By clicking the button "Order with obligation to pay" (zahlungspflichtig bestellen), the Customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the Customer can view and change the data at any time. However, the application can only be submitted and transmitted if the Customer has accepted these contractual conditions by clicking on the "Accept T&Cs" (AGB akzeptieren) button and has thereby included them in their application.
(2) The Provider shall then send the Customer an automatic confirmation of receipt by email, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Provider and does not constitute an acceptance of the application. The contract only comes into existence upon the submission of the declaration of acceptance by the Provider, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent by the Provider to the Customer on a durable medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection laws.
(3) The contract shall be concluded in the German language.

§ 3 Delivery, Availability of Goods

(1) Delivery times specified by the Provider are calculated from the time of the Provider's order confirmation, provided that the purchase price has been paid in advance (except for purchases on account). If no delivery time or no deviating delivery time is specified for the respective goods in the Provider's webshop, it shall be seven days.
(2) If no copies of the product selected by the Customer are available at the time of the order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product specified by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. Furthermore, in this case, the Provider is also entitled to dissolve the contract. In doing so, the Provider will immediately refund any payments already made by the Customer.

§ 4 Retention of Title

The delivered goods remain the property of the Provider until full payment has been made.

§ 5 Prices and Shipping Costs

(1) All prices stated on the Provider's website are net prices and are subject to the applicable statutory value-added tax.
(2) The corresponding shipping costs are specified to the Customer in the order form and are to be borne by the Customer.
(3) The goods are shipped by postal service. The risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the Customer as soon as the Provider has delivered the goods to the person designated to carry out the shipment.

§ 6 Payment Modalities

(1) The Customer can make payment by advance payment (Vorkasse) or on account (auf Rechnung). However, payment on account is excluded for new customers for their first order. In this case, only payment by advance payment is possible.

(2) The Customer can change the payment method stored in their user account at any time.

(3) The agreed purchase price is due within 30 days of delivery and performance. If this payment deadline is missed, the Customer shall pay the Provider default interest at a rate of nine percentage points above the base interest rate. For payment within 14 days of delivery and performance, the Provider grants a 2% discount (Skonto) on the net amount of the purchase price.

(4) The Customer's obligation to pay default interest does not exclude the assertion of further default damages by the Provider.

§ 7 Warranty for Material Defects, Guarantee

(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. However, the Provider assumes no liability for public statements made by the manufacturer or other third parties. Deviating from § 438 para. 1 no. 3 BGB, the warranty period for items delivered by the Provider is 12 months from delivery of the goods.
(2) An additional guarantee exists for the goods delivered by the Provider only if this was expressly stated in the order confirmation for the respective item.
(3) In the case of a mutual commercial transaction within the meaning of §§ 343, 344 of the German Commercial Code (HGB), the Customer's claims for defects presuppose that they have fulfilled their statutory duties of inspection and notification of defects (§§ 377, 381 HGB). If a defect appears during the inspection or later, the Provider must be notified of this immediately in writing. The notification is deemed immediate if it is made within two weeks, whereby timely dispatch of the notification is sufficient to meet the deadline. Irrespective of this duty of inspection and notification, the Customer must report obvious defects, including incorrect and short deliveries, in writing within two weeks of delivery, whereby timely dispatch of the notification is also sufficient here to meet the deadline. If the Customer fails to carry out the proper inspection and/or notification of defects, the Provider's liability for the unreported defect is excluded.

§ 8 Liability

(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer resulting from injury to life, body, health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.