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OVERVIEW
This website is operated by DIERS International GmbH. Throughout the site, the terms “we”, “us” and “our” refer to DIERS International GmbH. DIERS International GmbH offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Terms and Conditions (GTC) DIERS International GmbH
General, scope of application
(1) The following General Terms and Conditions for Deliveries and Services of DIERS International GmbH apply exclusively to normal business and to Internet business; terms and conditions of the customer that conflict with or deviate from the General Terms and Conditions of DIERS International GmbH are not recognised unless DIERS International GmbH has expressly agreed to their validity in writing. The General Terms and Conditions of DIERS International GmbH also apply if DIERS International GmbH carries out the delivery or service to the customer without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions.
These General Terms and Conditions apply exclusively to entrepreneurs and to persons whose order can be attributed to a commercial or independent professional activity.
(2) All agreements on deliveries and services of DIERS International GmbH as well as ancillary agreements must be in writing to be effective (e-mail is also sufficient).
2. Registration as a customer
(1). In addition to direct orders, you have the option of creating your own user account and thus registering as a customer in our trading system. Only entrepreneurs are entitled to participate (cf. § 1). The data required for the creation of the user account must be provided by you completely and truthfully. You are responsible for entering any subsequent changes to your personal data.
(2). The password you choose must be kept secret under all circumstances and never disclosed to third parties.
(3). By registering, you declare your general consent to the processing of all personal data provided by you (in accordance with our data protection provisions) for the purpose of carrying out your order and using your product. In particular, you consent to the transfer of your data to any payment providers (acquirers, etc.) and to the processing of your tax identification number to verify the validity of your EU intra-Community tax ID.
3. Conclusion of contract
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to order.
(2) Insofar as the possibility of an online order is also set up, you already submit a binding offer of contract at the end of the ordering process by clicking on the button "Order subject to payment"; we confirm receipt of the binding offer of contract; this is done exclusively by means of a corresponding e-mail with which we confirm receipt and acceptance of your order (order confirmation).
(3) The purchase contract is concluded when we accept your order by sending an order confirmation by e-mail after receiving your order. (Order confirmation).
(4) DIERS International GmbH is entitled to refuse acceptance of the order - for example after checking the creditworthiness of the customer.
(5) If the customer orders the goods electronically, the text of the contract will be stored by DIERS International GmbH and sent to the customer by e-mail on request together with these GTC.
4. Contractual products for the medical sector
(1) Contractual products of DIERS International GmbH (software and hardware) intended for use in the medical field are subject to the regulatory provisions for manufacture and operation. Any modification of the contractual products, even if it is solely a matter of installing further software products, may only be carried out by specially trained personnel.
(2) If the customer passes on contractual products to third party customers in the course of his ordinary business, the customer shall be obliged to inform these third party customers of the effects of the regulatory provisions and to oblige these third party customers not to make any changes to the contractual products themselves or to have them made which are not made by specially trained personnel.
5. Reservation of right of amendment
DIERS International GmbH reserves the right to make changes to the design and execution within the scope of the customary quantity and quality tolerances.
6. Delivery and performance time, partial performance
(1) Delivery deadlines shall be deemed to have been met if the subject matter of the contract has left the factory or the customer has been notified of readiness for dispatch by the time they expire.
(2) DIERS International GmbH's compliance with its delivery and performance obligations requires the timely and proper fulfilment of all contractual obligations by the customer.
(3) Agreed delivery dates are deemed to have been met if DIERS International GmbH notifies the customer in writing that the contractual product to be delivered by DIERS International GmbH, even if it is part of a complete system, is ready for collection or installation or the contractual product has been handed over to the carrier on the agreed delivery date. If the delivery or installation of goods ready for shipment is delayed for reasons for which DIERS International GmbH is not responsible, the contractual products may be stored at the customer's expense and risk.
(4) The delivery date, which is agreed according to the expected performance capacity of DIERS International GmbH, is subject to unforeseen circumstances and obstacles, regardless of whether these occur at DIERS International GmbH, at the manufacturer or at the supplier of other parts of a complete system. These include, for example, force majeure, government measures, non-issuance of official permits, industrial disputes of any kind, sabotage, shortage of raw materials, delayed deliveries by the manufacturer to DIERS International GmbH or delayed deliveries by the suppliers of other parts of a complete plant to DIERS International GmbH or to the customer directly. Such events extend the delivery date accordingly, even if they occur during a delay that has already occurred. If DIERS International GmbH is in default with a delivery by more than 4 weeks, the customer can withdraw from the contract after a reasonable grace period set in writing, excluding any claims. Insofar as DIERS' delivery delays last longer than 8 weeks, DIERS International GmbH is also entitled to withdraw from the contract in whole or in part.
(5) Unless otherwise agreed, DIERS International GmbH is entitled, but not obliged, to insure the goods to be shipped against transport risks of all kinds at the customer's expense. This as well as a possible assumption has no influence on the transfer of risk.
(6) DIERS is entitled to make partial deliveries, provided that the partial delivery is reasonable for the Buyer in the individual case.
7. Cancellation, postponement of delivery dates and withdrawal from the contract
(1) If the customer cancels confirmed orders in whole or in part or agrees to a postponement of delivery dates with DIERS International GmbH for which the customer is responsible, DIERS International GmbH may claim damages up to the amount of the list price of the order without providing separate evidence.
(2) The agreement on the postponement of delivery dates must be in writing. In the event of a delay in acceptance, DIERS International GmbH has the right, in addition to the claim for payment, to choose between setting a new delivery date, withdrawing from the contract or claiming damages for delay.
8. Prices and terms of payment
(1) The prices applicable at the time the order is placed shall apply in each case. Therefore, in principle, there is no entitlement to receive goods at earlier or later applicable, more favourable prices. Insofar as DIERS exceptionally takes into account price reductions occurring before delivery of the goods for a current order, this shall be done voluntarily and without legal obligation.
(2) Payments are due within 10 days of invoicing without any deductions. Invoicing shall take place with delivery. For reminders required after the due date of the invoice, a reminder fee of € 10 shall be due per reminder.
(3) Offsetting or assertion of a right of retention due to counterclaims not recognised by DIERS International GmbH or not established in due time is excluded.
(4) Only persons with a written power of attorney from DIERS International GmbH are authorised to accept payments.
9. Delivery, transfer of risk and acceptance
(1) The risk shall pass to the customer upon acceptance. From the arrival of the parts at the agreed place of delivery, the buyer is liable for the following damages: elementary damages such as storm and flood as well as for fire, explosion, terror and theft.
(2) In the event of shipment, DIERS International GmbH will take out transport insurance at the customer's request and at the customer's expense. Transport damage must be reported immediately in writing to DIERS International GmbH and the delivering carrier.
(3) The customer is obliged to inspect the delivered goods for their conformity with the contract immediately upon receipt. If the goods do not comply with the contractual requirements, the customer must notify DIERS International GmbH of the deviations by fax, post or email within 8 calendar days of receipt. In doing so, he must specify the deviations exactly.
(4) Insignificant defects which do not impair the functionality of the sales product do not entitle the customer to refuse acceptance of the delivery.
(5) If DIERS International GmbH is obliged to instruct the customer in the operation of the contractual product, the contractual product is deemed to have been accepted when DIERS International GmbH informs the customer that the customer has been instructed in its operation.
(6) If the customer refuses acceptance or if the parties cannot agree on a date for installation and/or instruction, the contractual product shall be deemed to have been accepted at the latest 14 days after written notification from DIERS International GmbH to the customer that the contractual product is available.
10. Retention of title
(1) DIERS International GmbH retains title to the subject matter of the contract until receipt of all contractually agreed payments. In the event of culpable breach of contract by the customer, in particular in the event of default in payment, DIERS International GmbH is entitled to take back the subject matter of the contract. The taking back of the subject matter of the contract by DIERS International GmbH does not constitute a withdrawal from the contract, unless DIERS International GmbH has expressly declared this in writing.
(2) The consumer is obliged to treat the goods with care for the duration of the retention of title. If maintenance and inspection work is required, the consumer must have this carried out by DIERS International GmbH at his own expense. Pledges, transfers by way of security and other disposals by the customer are not permitted as long as the retention of title exists.
(3) In the event of default in payment, also from other and future deliveries or services of DIERS International GmbH to customers or in the event of financial collapse of the customer, DIERS International GmbH may enter the business premises of the customer to assert the reservation of title to the reserved goods and take possession of the reserved goods.
(4) In the event of seizures or other interventions by third parties, the customer must notify DIERS International GmbH in writing without delay so that DIERS International GmbH can bring an action in accordance with § 771 ZPO. Insofar as the third party is not in a position to reimburse DIERS International GmbH for the judicial and extrajudicial costs of a lawsuit pursuant to § 771 ZPO, the customer is liable for the damage incurred by DIERS International GmbH. The assertion of the reservation of title or the seizure of the delivery item by DIERS International GmbH is not deemed to be a withdrawal from the contract if the customer is a merchant.
(5) If the goods subject to retention of title are sold to a third party, DIERS International GmbH already now becomes the owner of the contractual claims with all ancillary rights existing vis-à-vis the third party - based on the assignment of claims hereby expressly agreed. Assignments and pledges of these claims are subject to the prior consent of DIERS International GmbH.
(6) Items delivered for test and demonstration purposes remain the property of DIERS International GmbH. They may only be used by the customer on the basis of a separate agreement by DIERS International GmbH.
(7) The customer is not authorized to sell the goods subject to retention of title outside the ordinary course of business.
11. Software Rights of Use
(1) The Software is owned by DIERS and is protected by copyright laws, international copyright treaties as well as other intellectual property laws and agreements (see DIERS End User License Agreement).
(2) Upon activation of the software, DIERS grants the customer a non-exclusive and non-transferable right to use the software. Copyright notices, serial numbers and other identification features may not be removed or changed.
12. License conditions
(1) License conditions of other manufacturers, which are to be contractually supplied to the customer, are part of these GTC. A copy of these license conditions shall be handed over to the customer on request.
13. Warranty
(1) DIERS International GmbH warrants that the contractual products are not defective, including the absence of warranted characteristics. The contractual products are manufactured with due care.
(2) DIERS International GmbH does not warrant that the contractual product can be used for purposes other than the contractually intended use. In particular, DIERS International GmbH neither warrants the expandability nor the usability of the contractual product with other hardware or the possibility of using additional software, especially if such software did not exist at the time of conclusion of the contract or if its use in the contractual product was not foreseeable for DIERS International GmbH.
(3) DIERS International GmbH expressly draws the customer's attention to the fact that modifications to the contractual product, insofar as it is intended for medical use, may only be carried out by personnel of DIERS International GmbH who have been specially trained for this purpose and that, after a modification has been carried out, a special individual test is required before the contractual product may be used again in the medical field. DIERS International GmbH excludes any warranty for contractual products on which changes have been made to the delivery condition that do not result from the normal use of the contractual product or the use intended according to the contract, unless the customer proves by means of a special individual test at its own expense that the contractual product is still suitable for medical use despite the change and that the defect that has occurred is not attributable to the change.
(4) DIERS International GmbH warrants that the contractual products are described in the product information in a generally accurate manner and are generally usable within this framework. The technical data and descriptions in the product information alone do not constitute an assurance of certain properties. An assurance of properties in the legal sense is only given if the respective information has been confirmed in writing by DIERS International GmbH.
(5) Warranty claims against DIERS International GmbH expire 12 months after delivery. They are transferable, provided that DIERS International GmbH is notified of the transfer prior to the transfer. Irrespective of this, DIERS International GmbH passes on any further guarantee and warranty promises of other manufacturers to the customer to the full extent without being liable for them itself. If these can be asserted exclusively by DIERS International GmbH, DIERS International GmbH is entitled to reimbursement of its expenses incurred in this connection against invoice.
(6) The customer is obliged to assert warranty claims against DIERS International GmbH immediately after they become known.
(7) In the event of rectification, DIERS International GmbH shall bear the labour costs. All other ancillary costs, in particular transport costs for the replacement part, shall be borne by the customer insofar as these other costs are not disproportionate to the order value. The goods must be returned to us free of charge. The risk shall thus be borne by the sender.
(8) If the customer receives a defective product manual, DIERS International GmbH is only obliged to deliver a defect-free product manual and this only if the defect in the product manual prevents proper use.
(9) The warranty shall not apply if the contractual product is improperly or independently maintained, repaired, used, modified or exposed to environmental conditions that do not comply with the product requirements by the customer or third parties, unless the customer proves that these circumstances are not the cause of the defect complained about. The warranty is also void if original technical marks are changed or removed without the written consent of DIERS International GmbH and the customer does not provide evidence of a special individual test that allows the product to be used in the medical field.
(10) If the examination of a notice of defect shows that a warranty case does not exist because the contractual product itself does not cause the defect, the costs of travel to and from the site, examination and repair will be charged in accordance with the respectively valid service prices of DIERS International GmbH.
14. Liability
(1) The liability of DIERS International GmbH is limited to such damages as could reasonably be expected to occur at the time of conclusion of the contract according to the circumstances known at that time. DIERS International GmbH is not liable for indirect damage, consequential damage or loss of profit.
(2) The liability of DIERS International GmbH for intentional and grossly negligent conduct, for warranted characteristics as well as according to the provisions of the Product Liability Act, remains unaffected by the aforementioned limitations of liability. The personal liability of the shareholders, managing directors and employees of DIERS International GmbH as well as members who have acted as vicarious agents of DIERS International GmbH is excluded.
(3) DIERS International GmbH is not liable for misdiagnoses and resulting damages in the case of products for the medical sector, which are made on the basis of the use of the product. This also applies if the product itself, unrecognised or already recognised, should be faulty or results should be made perceptible incorrectly.
(4) The customer is obliged to carry out regular data backups, which must be made daily when using the product in the medical field. DIERS International GmbH's liability is limited, even in the case of gross negligence, to the recovery costs that would have been incurred if regular data backups had been made.
(5) DIERS International GmbH is only liable for its own content on the website including the online shop. Insofar as DIERS International GmbH provides access to other websites via links, DIERS International GmbH is not responsible for the third-party content contained therein. DIERS International GmbH does not adopt the third-party content as its own. If DIERS International GmbH becomes aware of illegal content on external websites, DIERS International GmbH will immediately block access to these sites.
(6) Claims for damages shall become statute-barred 12 months after delivery or provision of the service.
15. Data protection and data transfer
(1) Due to the nature of the system, DIERS International GmbH can only partially transfer data from one medical system to another and this can never be done without errors. It is not an error if individual data fields in one system have no equivalent in the other system or cannot be transferred for other reasons. The transfer is fully automatic. Before using the transferred data in the medical field, the client is therefore obliged to compare the transferred data individually with the original data in order to exclude transfer errors. Errors may lie in incorrectly transferred, additional or completely omitted data records or individual data. DIERS International GmbH shall not be liable for misdiagnoses and resulting damages which are made on the basis of the use of the transferred data. This also applies if the data is undetectably incorrect.
(2) With our "data protection information" we inform our customer about: 1. the type, scope, duration and purpose of the collection, processing and use of the personal data required for the execution of orders as well as invoicing; 2. his right to object to the creation and use of his anonymized usage profile for the purposes of advertising, market research and the needs-based design of our offer; 3. The transfer of data to companies commissioned by DIERS International GmbH and obliged to comply with the statutory data protection provisions for the purpose of and for the duration of the credit check and the dispatch of the goods; 4. The right to free information about his personal data stored by us; 5. The right to correction, deletion and blocking of his personal data stored by DIERS International GmbH.
(3) The collection, processing and use of personal data for marketing purposes requires the consent of the customer. The customer has the possibility to give this consent before declaring his order. The customer has the right to revoke the consent at any time with effect for the future.
16. Export
(1) Contractual products and technical know-how supplied by DIERS International GmbH are intended for use and retention in the country of delivery agreed with the customer. The re-export of contractual products individually, as part of a complete system or in system-integrated form is subject to approval by the customer and is generally subject to the foreign trade regulations of the Federal Republic of Germany or the other country of delivery agreed with the customer. The customer must inform himself independently about these regulations.
Irrespective of whether the customer specifies the final destination of the delivered contractual products, it is the customer's responsibility to obtain any necessary approval from the respective competent foreign trade authority before exporting such contractual products.
(2) Any onward delivery of contractual products by customers to third parties, with or without the knowledge of DIERS International GmbH, requires the simultaneous transfer of the export license conditions. The customer is liable for the proper observance of these conditions.
17. Assembly and customer service (direct business)
(1) Installation and customer service are carried out by DIERS International GmbH or by authorized specialist companies arranged by DIERS International GmbH.
(2) Prior to the delivery of equipment, the customer shall ensure that the installation site is easily accessible, that the structural requirements are met, that there is sufficient space and a floor suitable for the weight of the equipment, that there is sufficient load-bearing capacity of the floor and that the necessary electrical connections are available, and that it or they are sufficiently shielded from the other practice area against the usual operating noises of the equipment.
(3) Difficulties in the delivery and installation of equipment shall be invoiced separately to the customer, as shall all costs incurred if the preconditions specified in Clause 15 .2 are not present on delivery on the day of the agreed installation date.
(4) Spare parts and repairs that are outside the warranty must be paid for separately by the customer.
18. Other provisions
(1) The customer is entitled to assign its claims under the contract, provided that it informs DIERS International GmbH of this in advance and DIERS International GmbH agrees.
(2) The place of performance for the delivery of the contractual products is Schlangenbad.
(3) The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods are excluded.
(4) The exclusive place of jurisdiction for all disputes arising from this contract is Wiesbaden. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is brought.
(5) Should any provision of the aforementioned terms and conditions be or become invalid, this shall not affect the validity of all other provisions or agreements.
Status: October, 2023
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@diers.de.
Our contact information is posted below:
DIERS International GmbH
Christof-Ruthof-Weg 6 | D-55252 Wiesbaden, Germany | Tel: +49 (0) 6134 28015 -0 | Fax: +49 (0) 6134 28015 -50 | info@diers.de
Registered in the commercial register at the Wiesbaden Registry Court: HRB 10075
Tax ID number: DE 181 344 144
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