Klaus Schuler GmbH Medizintechnik
Tel. +49 761 503 128 - 70
Fax +49 761 503 128 - 71
|UID / VAT||DE 142 109 391|
|IBAN||DE70 6805 0101 0002 2640 26|
|BIC / SWIFT||FRSPDE66XXX|
Inh. u. Geschäftsführer: Ralf Schuler
Eingetragen im Handelsregister: Amtsgericht Freiburg, HRB 3715
Design, Software Development:
formixx UG (haftungsbeschränkt)
Tel +49 761 559 26-0
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect,will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact
General Terms and Conditions of Business
Our general terms and conditions in the currently valid version, which apply to persons acting in conclusion of the contract in the course of their commercial or independent professional activity (entrepreneurs) or who are legal persons under public law or a special fund under public law, form part of our contract for the conclusion of a purchase contract. These present conditions also apply to all future business between you and us.
For reasons of legal certainty, we cannot accept any conflicting terms and conditions. So even if you provide your conditions before submitting your declaration of intent, or before we send or hand over the goods to you, no contract is concluded with us. If you accept the goods in such circumstances, our sales conditions apply exclusively, unless we have expressly given our written agreement to the validity of other conditions. And unless otherwise agreed, any such deviating conditions apply only to a specific contract and not to any subsequent contracts.
2. Conclusion of contract
Due to rapid technical progress and continuous product improvements, some deviation between our product samples or products provided under a previous purchase contract and the product sold to you after a purchase decision cannot be ruled out. We, therefore, reserve the right to make provisional offers which may be subject to technical changes.
Neither our sales catalogues nor the placement of goods on our homepage constitute an offer to enter into purchase agreements in the legal sense, but are merely intended to make it easier for you to make a binding offer to conclude a purchase agreement with us (product display). Once your offer has been put to us, you accept that the offer will remain binding for a period of two weeks. You alone are solely responsible for the accurate selection of goods and their quantities.
Our acceptance of your contract offer will result either in a written confirmation or delivery of the goods (see clause 5) within two weeks of our receipt of the offer.
3. Prices, shipping costs
We are bound by our published prices. However, if a price change is due to technical alterations, this may result in a consequent change in the price quoted in our provisional offer, which we will notify to you immediately. In such circumstances, you are no longer bound by your previous offer, but we will ask you to expressly agree the new price before a contract is concluded. Shipping costs (for basic shipping by post or courier, express, express freight and air freight) incur an additional charge. Both shipping charges and the respective VAT costs are itemised separately on the invoice. For order values up to EUR 100.00 we make a surcharge of EUR 7.50. For order values of EUR 500.00 and above, our national (mainland) delivery is free of all postage and packaging costs.
4. Assumption of risk
We deliver ex-works, so our liability ends with the delivery of goods to the first carrier or, if you are responsible for the transport, our liability then ends with the provision of goods in our warehouse and the notification they are ready for dispatch. Even if you are not responsible for any damage to the goods after this time has elapsed, you are nevertheless liable to pay us the full purchase price. If a contract has already been concluded between us, you are liable even if you have not accepted the goods (default of acceptance).
5. Delivery times, force majeure, inspection of goods
Delivery dates stated by us in writing are deemed to be met if the goods have been handed over to the first transporter by that date or, if you are responsible for the transport, when we have notified you that they are ready to collect. You are entitled to withdraw from the contract if, after setting a reasonable period of grace, that period of grace should then expire without us having made a delivery. If there are permanent impediments to contract performance for which we are not responsible, and which were not known to us at the time of concluding the contract, we are released from our obligation of service. If you have already made any payments or other consideration, we will refund them immediately. If performance is impeded in the aforementioned sense, but occurs only occasionally, our obligation to perform is suspended for the duration of the problem, but for four months at the latest. After the four-month deadline, either party has the right to withdraw if the problem has not been resolved by then.
Upon receipt of the goods, you must immediately inspect them for defects, shortages or damage in transit. In the event of damage in transit, a damage report must submitted to the transport company to support any claim for damages.
6. Payments, securities, offset, retention
If you do not send us payment (which must be made in Euros), during a 30-day period which starts from the date our invoice is sent, you will automatically be in default without the need for further reminder. In such circumstances, we are then entitled to make a claim against you for any losses we have incurred. We cannot accept payment by cheque or bill of exchange.
If you pay within 10 days, you may deduct 2% of the gross invoice amount (discount). However, invoice amounts below EUR 100.00 are exempt from this concession.
If you are in default of payment to others, or if we have any other doubts about your solvency, we may insist upon security against all your outstanding account balances. Pending deliveries may be withheld until we receive a security deposit. If no security deposit is provided, we have the right to withdraw from the contract.
Both you and we can only offset against undisputed or legally established accounts receivable. The same applies to the assertion of rights of retention.
7. Retention of title in a purchase context
We reserve ownership of the delivered goods until the full purchase price is paid. Please understand we cannot allow you to pledge or transfer ownership of the goods to third parties. As part of this reservation of title, you are obliged to notify us immediately of any third-party infringements of our rights. If this obligation is breached, we reserve the right to take back the goods, and in such circumstances, you cannot claim any rights of retention or ownership.
If you purchase goods from us for resale, you are entitled to do so in the ordinary course of business, even before you have made payment to us, provided you assign such payments to us along with all subsidiary rights vis-à-vis your customers at the same time for security purposes, and also pass on the reservation of title. We hereby accept such an assignment. We are entitled to disclose this assignment and to collect appropriate payment in the event of your own payment default. In such circumstances, you will be obliged to provide us with information about the respective portfolio of accounts receivable from third-party customers along with details of the individuals involved. Provided this assignment gives us security of more than 120% of all our outstanding claims against you, we will transfer the remainder of the amount back to you on request. The retention of title serves to secure all our claims arising from our business relationship with you. This also applies if claims are included in a current account and the account balance has been accepted and drawn upon.
You will receive high-quality, complex medical technology products and accessories from us. Even though we take all due care in the production of these products, we can only provide general information and details about their medical effects on patients. This also applies to the product information we provide in the form of catalogues, websites, etc. The choice of any particular device and its application in individual cases must always be informed by medical advice.
9. Purchase warranty
For material defects, we provide the following warranty, to the exclusion of further claims and subject to section 10:
The warranty period for new goods begins upon receipt of the goods. Warranty claims are initially limited to supplementary performance. If this supplementary performance fails, you then have the right to withdraw from the purchase contract or to receive a reduction in the purchase price. Further compensation is excluded. Any wear and tear which occurs during normal use is not covered by this warranty. As part of the supplementary performance, we have the right to choose whether to correct the defect or to deliver a defect-free replacement product. As regards delivery, if you act as a commercial operator, then under § 377 HGB you are obliged to inspect all deliveries of goods and to notify us of any defects. Hidden defects must be reported to us immediately, and at the latest within three working days of their detection. The warranty period is one year from the date of the transfer of risk.
It is agreed that the quality of the goods is only as shown in the product description. Public statements, advertising statements or other promises do not represent a contractual statement about the quality of the goods.
Warranty claims expire after 12 months.
We are liable for damages arising from injury to life, limb or health, which are based on a wilful or negligent breach of duty by us, our legal representatives or vicarious agents, as well as for other damages resulting from at least a malicious or grossly negligent breach of duty by us, our legal representatives or vicarious agents. In addition, we bear unlimited liability for damage covered by liability in accordance with mandatory legal provisions.
For damage caused by simple negligence, we are liable insofar as the negligence concerns the breach of contractual obligations, where such observation is of particular importance for the achievement of the purpose of the contract (cardinal obligations); however, our liability is limited to the predictable, direct, average damages which are typical for the type of contract. Further liability is not excluded if required by mandatory legal provisions, which may include, for example, the Medical Devices Act. Insofar as liability is excluded or limited by the above, this shall also apply to the personal liability of salaried staff, representatives, workers and other vicarious agents.
Regardless of the above provisions, liability for financial or consequential loss, in particular loss of profits or savings which did not materialise, is excluded unless we acted with wilful intent or through gross negligence.
All claims lapse 12 months after receipt of the goods – irrespective of their legal grounds. For wilful or fraudulent behaviour, for claims under the Product Liability Act/ Medical Devices Act, as well as for claims under the right of recourse of the entrepreneur according to § 479 Section 1 of the BGB, the statutory periods apply.
12. Final provisions
Even if one of the above provisions or a provision in the context of other agreements between you and us should be or becomes invalid, this does not affect the validity of all other provisions or agreements in this contract.
The assignment of accounts receivables to us requires our consent.
All contractual relationships concluded with us as well as these Terms and Conditions shall be governed exclusively by German law, excluding the conflict of law provisions and also excluding the UN Convention on the International Sale of Goods (CISG).
For contracts with merchants and legal entities under public law, the exclusive place of jurisdiction is Freiburg. This does not affect the jurisdiction of the courts for reminders and warnings.
We store personal data in relation to a contract. Personal data within the meaning of the General Data Protection Regulations (DS-GVO) is any information relating to an identified or identifiable person. Depending on the type of contract, as well as name, address, e-mail address, date of birth and occupation, this may also include other sensitive data, such as a financial credit rating. This data is protected by us and our partner companies, which are carefully selected according to Art. 28 of the DS-GVO, using technical and organisational measures to apply the provisions of the DS-GVO, the Federal Data Protection Act (BDSG) and the German Teleservices Act (TMG). We do not share your information with third parties unless this is required to fulfil our the contract with you. We only use your data for marketing purposes if you have given us your express consent.
Freiburg, March 2018
Schuler Medical Technology GmbH
The protection and security of your personal information is important to us. Thus, we strictly follow data protection rules. The following information sets out how, and for what purposes, we process data and your rights as a customer.
Basic use of our homepage and all our other (sub) pages is possible without providing personal data. However, processing of personal data is required as part of completing an order process via our homepage. And in addition, we also process personal data in business dealings with our business partners, but only as far as this is strictly necessary for our respective business purposes.
We do not embed so-called "cookies" within our Internet offers.
Personal data is any information which relates to an identified or identifiable natural person. A natural person is considered to be identifiable when they can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special features which describe the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
1. Contact details of the person responsible for the data processing:
Klaus Schuler GmbH Medical Technology, Berggasse 29, 79108 Freiburg
Telephone: +49 761-503 128-70
Fax: +49 761-503 128-71
2. Purposes of data processing
We process personal data exclusively for the purpose of processing orders received for our products, the order processes initiated by us with suppliers, as well as in the context of other business relations with third parties. The processing of personal data is therefore required for the performance of a contract between us and the customer, ourselves and the dealer, ourselves and another contractual partner or between one of our dealers and the customer. [See Art. 6 para. 1 b) General Data Protection Regulation (DS-GMO)].
We only use your personal data for advertising purposes if you have expressly given us your consent. You can revoke this consent at any time
When navigating to our homepage (or a web sub-page) general data and information are recorded each time you visit. This general data and information is stored in our server log files. This process can detect:
- your browser type and the version used,
- the operating system used by the accessing system,
- search engine robots,
- page views per page
- duration of your visit to the website,
- bounce rate,
This data is analysed for statistical purposes in order to optimize our website and our offers. When using this general data and information, we draw no conclusions about the individual person. The anonymous server log file data is stored separately from any personal data which may be provided by a respective person. Once the statistical evaluation is complete, this data will be deleted.
3. Recipient of personal data
Any incoming orders which cannot be directly processed by us, including the required personal data transmitted by the customer (name of the company/ clinic/ practice, address, e-mail, telephone and fax number) are passed to the appropriate responsible dealer who cooperates with us so that the contract with the customer can be fulfilled. These companies are not authorized to use the information we provide for any purpose other than the ones we inform you about in this statement. The personal data provided to us by the customer will never be made available to third parties for other reasons or other purposes, unless we are obliged to do so on the basis of legal or official orders. In particular, we do not disclose personal information to any third country or international organisation outside the scope of the General Data Protection Regulation.
4. Duration of storage
Any personal data stored by us will be stored beyond the actual time when the contract processing has been concluded only for as long as required by commercial law or to meet the requirements of tax law. The same applies to the dealers associated with us (see item 2). This retention obligation ends 10 years after the end of the financial year in which we stored personal data for the purpose of processing a delivery transaction. If there are further customer orders, the retention period will start afresh in each instance.
The general data will be deleted once its storage purpose lapses, or if a specified retention period under a statutory provision, any deletion or blocking required, or any other legal obligation under the law of the European Community or German law so dictates.
As a person with whom we have a business relationship or as a visitor to our homepage, your rights are set out in the following sections 5 – 8
5. Right to information, correction, erasure and the right to restrict processing
You have the right at any time to ask us for a free confirmation as to whether your personal data has been processed by us. If data has been processed, your free right to information extends to disclosure of the specific purpose of the processing, the categories of personal data processed, the recipient (s) to whom your personal data has been revealed, and the intended period of use for which your personal data is stored, or where this is not possible, the criteria for determining that duration.
Finally, your right to information extends to disclosure of whether there is automated decision-making, including profiling, in accordance with Article 22 (1) and (4) of the GDPR and – at least in these cases – meaningful information about the logic involved, as well as the consequences and implications of such processing for you.
You have the right to demand immediate correction of incorrect personal data concerning you. Taking into account the purpose of the processing, you have the right to request the completion of incomplete personal data, including such means as adding a supplementary statement.
You have the right to request that the personal data relating to you be erased without delay, and we are obliged to erase personal data immediately if one of the following reasons applies:
- The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- You revoke your consent, on which the processing was based in accordance with Article 6 (1) (a) or Article 9 (2) (a) of the GDPR, and there is no other legal basis for the processing.
- In accordance with Article 21 (1) of the GDPR, you object to the processing and there are no overriding legitimate grounds for processing, or you oppose the processing in accordance with Article 21 (2) of the GDPR.
- Your personal data was processed unlawfully.
- The erasure of personal data is required to fulfil a legal obligation under EU or national law to which we are subject.
- Your personal data was collected in relation to information society services offered in pursuance of Article 8 (1) of the GDPR.
If we have made your personal data public and we are required to erase it in accordance with paragraph 1, we will take appropriate measures, including technical measures, to inform data controllers who process your personal data, and, taking into account available technology and implementation costs, inform them that you have requested the deletion of any links to such personal data or copies or replications of such personal data.
The above rights of cancellation do not apply if processing is required:
- to exercise the right to freedom of expression and information;
- to fulfil a legal obligation required by EU law or laws of the Member States to which we are subject, or to perform a task which is in the public interest, or in the exercise of official authority which has been delegated to us;
- for reasons of public interest in the field of public health as referred to in Article 9 (2) (h) and (i) and Article 9 (3) of the GDPR;
- for archival purposes of public interest, for scientific or historical research purposes, or for statistical purposes under Article 89 Paragraph 1 DS-BER, in so far as the law referred to in paragraph 1 is likely to render impossible or seriously affect the achievement of the objectives of that processing, or to assert, exercise or defend legal claims.
Right to restriction
You have the right to require us to restrict processing if any of the following conditions apply:
- the accuracy of your personal information is contested by you for the period of time required to enable us to verify the accuracy of your personal information.
- the processing of your personal data by us is unlawful and you refuse the erasure of personal data and instead demand the restriction of the use of personal data;
- when your personal data is no longer needed for the purposes of processing, but you need it for the purposes of asserting, exercising or defending legal claims or
- where you have objected to the processing in accordance with Article 21 (1) of the GDPR, as long as it is not certain that our legitimate reasons outweigh yours.
If the processing is restricted in accordance with the above, your personal data may only be used – with the exception of its storage – to assert, exercise or defend legal claims, to protect the rights of another natural or legal person, or for reasons of important public interest within the EU or another Member State.
In so far as you have achieved the limitation of processing according to the above, you will be informed by us before any such restriction is lifted.
6. Right of objection
You have the right under the conditions of Art. 21 DS-GVO to object to the processing of personal data concerning you. Art 21 DS-GVO states:
1. The data subject shall have the right, at any time for reasons arising out of his particular situation, to object to the processing of personal data concerning him pursuant to Article 6 (1) (e) or (f) of the GDPR; this also applies to profiling based on these provisions. The controller shall no longer process the personal data unless he can demonstrate compelling legitimate grounds for processing which override the interests, rights and freedoms of the data subject, or the processing is for the purpose of enforcing, pursuing or defending legal claims.
2. When personal data is processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him or her for the purposes of such marketing; this also applies to profiling insofar as it is associated with such direct marketing.
3. If the data subject objects to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
4. The data subject must be expressly informed of the right referred to in paragraphs 1 and 2 at the latest at the time of the first communication with him; this notice must be supplied in a form that is understandable and separate from other information.
5. Regardless of Directive 2002/58 / EC, the data subject may exercise his right to object via automated procedures using technical specifications in relation to the use of information society services.
6. The data subject has the right, for reasons arising from his/ her particular situation, to object to the processing of personal data relating to him/ her for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) of the GDPR, unless the processing is necessary to fulfil a task for reasons of public interest.
7. Right to Data Portability
You have the right to receive from us a record of your personal data in a common and machine-readable format and to request the transfer of this record to a third party. Your right to erase your personal data (see above) remains unaffected.
8. Right of appeal
You have the right to complain to the relevant supervisory authority if you believe that the processing of personal data concerning you is in breach of the DS-BER. The supervisory authority to whom we are responsible is the State Commissioner for Data Protection and Freedom of Information, Baden-Württemberg. However, a complaint can also be filed with the supervisory authority responsible for your local area, or for your place of employment (registered head office).
9. Provision of personal data
The personal data provided by you is required for processing your order and the requisite purchase contract. Without this data, neither we nor any of our dealers would be able to conclude a purchase contract. You are not obliged to provide personal information.
Freiburg, May 2018
Klaus Schuler GmbH Medizintechnik