General terms and conditions of business of the company ontosan GmbH

1. Area of application, general

1.1 These general terms of business apply for all - also future - contracts, offers, services and performances of the company ontosan GmbH in connection with the manufacturing and the marketing of products from the healthcare area and lifestyle products, as well as medical aids of any type. 
1.2 The applicability of possible general terms of business of the customer is hereby also excluded for the event that they are forwarded to the company ontosan GmbH in a letter of confirmation or by other means.
1.3 Ancillary verbal agreements, assurances or guarantee declarations, the exclusion, change or supplements to these general terms of business require the explicit written confirmation from the company ontosan GmbH for them to become valid. The same shall apply to any agreement setting aside the written-form requirement.

2. Conclusion of the contract

2.1 By the customer sending the company ontosan GmbH an order via the Internet, e-mail, telephone, fax, and letter or through any other means of communication, the customer offers to undertake a purchase contract with the company ontosan GmbH.
2.2 The contract with the company ontosan GmbH comes into being when the company ontosan GmbH accepts this offer, at the latest at the time when the company ontosan GmbH sends the ordered product to the customer.

3. Delivery and shipping

3.1 The company ontosan GmbH will supply the ordered goods to the address specified by the customer in the order as fast as possible. The company ontosan GmbH is authorised to undertake partial deliveries and partial performances at any time.
3.2 Notices about the anticipated time of delivery are not binding unless in the individual case the company ontosan GmbH has issued a binding commitment to the customer in writing.
3.3 With goods imports into countries outside of Germany import duties may apply that are to be carried by the customer. These vary in different import duty areas. The customer is responsible for the correct payment of the necessary import duties and taxes.

4. Due date, payment and default of payment

4.1 The company ontosan GmbH only accept the payment types displayed to the customer within the scope of the ordering process.
4.2 The purchasing price, as well as if applicable appropriate shipping costs become due with reservation on conclusion of the contract.
4.3  Especially in the cases in which at the time of the receipt of the order open invoices are already in reminder run, the company ontosan GmbH reserves the right to demand advance payment to the amount of the value of the order.
4.4 The customer is only entitled to offset payments in so far as the counterclaims have been effectively ascertained, are uncontested or have been accepted by the company ontosan GmbH. The customer is only entitled to exert the right of retention if his counterclaim is based on the same purchasing contract.

5. Reservation of title

The delivered goods remain the property of the company ontosan GmbH until complete payment has been made. With software the issuing of the user licence is also performed under the condition of the complete payment of the purchasing price.

6. Copyright and licensing rights

6.1 The copyright to the media lies, unless not explicitly stated otherwise, exclusively with the company ontosan GmbH.
6.2 The customer acquires a respectively non-exclusive, spatially unrestricted right to the use of the media as intended. With the purchase of software the extent of the use as intended is primarily derived from the included operating instructions.

7. Period of warranty

7.1 With contracts with consumers according to § 13 BGB (German code of civil law) the period of warranty is two years as of the time of delivery of the goods.
7.2 With orders from customers who are commercial enterprises according to § 14 BGB (German code of civil law) the period of warranty is restricted to one year.

8. Liability of the company ontosan GmbH

8.1 The company ontosan GmbH is liable for deliberate or grossly negligent damages caused by ontosan products, injuries to life and limb or health, as well as with transgression of substantial contractual obligations. Beyond that the liability (e.g.: with intentional or negligent incorrect operation of the products) is excluded. 
8.2 The previously mentioned liability restrictions also apply in so far as legal representatives, management employees and other persons assisting in the performance from the company ontosan GmbH are liable towards the ordering party.
8.3 The liability according to the product liability act remains unaffected.

9. Data protection

9.1 The collection of person related data, purpose, and consent. The company ontosan GmbH undertakes the obligation to protect the personal private sphere of all customers and to treat the person related data confidentially on the basis of the respectively applicable statutory regulations. The data received from the customer is primarily recorded, processed and used to process the order. The customer also agrees to this form of use in so far as the company ontosan GmbH uses the data for the purpose of advertising, marketing or opinion research. They have the right to object to such a use at any time. The revocation should be directed to:
ontosan GmbH, Marienplatz 8-10, 70178 Stuttgart
9.2 Use of Cookies
A Cookie is a small data element that can be stored on the computer system of the customer via a web site. Through this the visit to the pages of the company ontosan GmbH, database content, advertising banners and offers can be individually adapted to the requirements of the customer and the safe access to premium content and services can be provided. The company ontosan GmbH only uses Cookies where this is practical to improve the online usage. 
Differentiation is made between persistent Cookies and session Cookies. The first are stored permanently, whereas the latter are only stored for the duration of the session. In so far as required by law the cookies are deleted immediately after the completion of the user activity. Most browsers are set up in such a way that they automatically accept cookies. The customer can however deactivate the saving of cookies, or setup their browser in such a way that they are informed as soon as cookies are transmitted. Cookies do not cause any damage on the computer of the customer and do not contain any viruses.
9.3 Storage of the IP address
The customer is additionally informed that user data and the IP address with date and time are registered in the log file and are used and stored for the purpose of statistical evaluation of these web pages. A consolidation of person related data through the company ontosan GmbH does not take place.
9.4 Newsletter service
Insofar as newsletter services are offered the acquired data is exclusively used for the operation of the newsletter and is only statistically evaluated. Every newsletter can be unsubscribed at any time. In this case the recorded data is deleted.
9.5 Restrictions of the law on advertising for health-related products (HWG)
Parts of the Internet presentation of the company ontosan GmbH are subjected to the conditions of the law on advertising for health-related products. For this reason this Internet area is only accessible for members of specialist circles. The data acquired in association with this is stored for the purpose of obtaining of judicial evidence. A usage over and above this does not take place.
9.6 Use of links
The company ontosan GmbH as content provider is responsible for the „own content“ that is provided for use. Links that pertain to content provided by other providers must be differentiated from this own content. In this respect, the company ontosan GmbH provides „external content“ for use through the cross reference.
Links are always „living“ (dynamic) cross-references. With the first linking the company ontosan GmbH has verified the external content to ascertain whether possible civil law or penal law liabilities have been triggered. The company ontosan GmbH does not however constantly verify the linked content for changes that could constitute a new liability. If the company ontosan GmbH ascertains, or if they are informed by third parties that a specific offer to which a link has been provided constitutes a civil law or penal law liability, then the company ontosan GmbH will remove the link to this offer. A further liability of the company ontosan GmbH is excluded.

10. Address/place of jurisdiction 

10.1  ontosan GmbH. Marienplatz 8-10, 70178 Stuttgart
10.2 The return address can be found on the delivery note, respectively on the invoice.

11. Final provisions

11.1 Exclusively German law is to be applied to the legal relationships between the customer and the company ontosan GmbH. Insofar as the customer is a consumer in the sense of § 13 BGB, then also the legislation at the place of residence of the customer may be applicable, insofar as it is an issue of mandatory consumer legislation regulations.
11.2 If one or several of the clauses in these general terms of business should be completely or partially ineffective, or should lose their legal effectiveness at a later time, then the effectiveness of the rest of the terms of business remains unaffected through this.