AGB

This website and all other offers under the domain https://www.dandygermany.org/ are operated by Dandy Germany Neurosurgical Club e.V, Putlitzstraße 12, 10551 Berlin, Register of Associations: VR 39110 B, dandygermany@web.de

 

§ 1 General, scope of application

 

1. The following General Terms and Conditions (GTC) govern the contractual relationship between Dandy Germany Neurosurgical Club e.V and the consumers and entrepreneurs who use the Internet offer of Dandy Germany Neurosurgical Club e.V (hereinafter referred to as "Buyer"). The GTC apply to the use of the website "www.dandygermany.org" and all subdomains belonging to this domain. The version valid at the time of conclusion of the contract shall be authoritative in each case. The contract language is German. 

 

2. Consumers within the meaning of these Terms and Conditions are natural persons who enter into a business relationship with Dandy Germany Neurosurgical Club e.V. without this being attributable to their commercial or independent professional activity. 

 

3. Entrepreneurs within the meaning of these Terms and Conditions are natural and legal persons or partnerships with legal capacity who enter into a business relationship with Dandy Germany Neurosurgical Club e.V in the exercise of their commercial or independent professional activity. For all business relations of Dandy Germany Neurosurgical Club e.V with entrepreneurs mentioned in section 1, the following General Terms and Conditions apply exclusively. Deviating terms and conditions of business of the entrepreneur that we do not expressly recognize are not binding for Dandy Germany Neurosurgical Club e.V, even if Dandy Germany Neurosurgical Club e.V does not expressly object to them. The following terms and conditions also apply to entrepreneurs if Dandy Germany Neurosurgical Club e.V executes the order without reservation in the knowledge of conflicting or deviating terms and conditions of the entrepreneur.

 

§ 2 Conclusion of contract

 

1. The offers of Dandy Germany Neurosurgical Club e.V on the internet represent a non-binding invitation to the buyer to order goods from Dandy Germany Neurosurgical Club e.V.. 

 

2. The order is placed on the Internet after clicking the order button. By placing the respective order for the desired purchase item, the Buyer submits a binding offer to conclude a purchase contract.

 

3. The receipt of the order by the seller will be confirmed to the customer immediately by e-mail, provided that the order has been placed by the customer via the Internet. The respective confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt shall only constitute a declaration of acceptance if the seller expressly declares this. 

 

4. Otherwise, the contract shall be concluded by sending an order confirmation or by sending the ordered goods. Dandy Germany Neurosurgical Club e.V. is entitled to accept the offer made by the order within 3 days by sending an order confirmation. The order confirmation shall be sent by e-mail. After fruitless expiry of the period specified in sentence 2, the offer shall be deemed to have been rejected.

 

5. In case of orders placed by the customer via the internet, the text of the contract will be saved and sent to the buyer together with these general terms and conditions by e-mail with the order confirmation. 

 

Once payment for your membership has been made, you will immediately have access to all member features by logging into your account. 

 

Renewal of your membership will be based on the type of membership you have. If you have an annual membership, it will automatically renew every year, monthly memberships every month, and two-year memberships every other year. You can always see the renewal date by logging in and visiting the "Subscription" page.

 

Your membership may be renewed up to the day before your renewal date to cancel your membership. 

 

Your membership is active from the day you become a member.

 

§ 3 Payment, due date, default of payment

 

1. In the case of payment in advance, the buyer undertakes to pay the purchase price immediately after conclusion of the contract. In the case of payment by credit card, the debit will be made after shipment of the goods. The payment of the goods is made by advance payment, SEPA direct debit, instant bank transfer, PayPal or credit card. We reserve the right to accept or exclude certain payment methods in individual cases

 

§ 4 Delivery

 

1. Delivery shall be made without delay by sending the purchased item to the address provided by the Buyer. 

 

2. The costs for the dispatch of the purchase object are as follows:

 

For deliveries within the Federal Republic of Germany from 1,70€.

 

For deliveries to other European countries depending on the shipping zone between € 10 and € 30. 

 

For all other countries € 30.

 

3. The shipping costs are to be paid by the buyer. If the buyer wishes a special kind of the dispatch, with which higher costs result, then he has to carry also these additional costs. 

 

4. In the case of deliveries abroad, any customs duties that may be incurred shall also be borne by the buyer.

 

5. If the Buyer acquires the object of purchase for his commercial or professional activity, the risk of accidental loss and accidental deterioration of the object of purchase shall pass to him as soon as Dandy Germany Neurosurgical Club e.V has delivered the object of purchase to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. 

 

6. Return costs in the event of revocation

 

If the Buyer as a consumer has purchased one or more items from the Seller by way of a distance contract (§ 312 b BGB) and if the Buyer exercises the statutory right of revocation to which he is entitled, the Buyer shall bear the regular costs of the return shipment under the following conditions:

 

(a) the price of the item(s) to be returned does not exceed 20 EUR in total; or

 

b) the amount according to a) exceeds 20 EUR, but the Buyer has not yet paid the consideration or a partial payment at the time of the revocation.

 

However, the Buyer shall only be obliged to return the goods and to bear the costs of the return shipment if the item(s) in respect of which the Buyer has exercised the right of revocation can be sent in a package. The obligation to bear the costs shall also not apply if the delivered goods do not correspond to the ordered goods.

 

 

 

 

§ 5 Retention of Property

 

The object of purchase shall remain the property of Dandy Germany Neurosurgical Club e.V. until payment has been made in full. Prior to transfer of ownership, pledging, assignment as security, processing or transformation is not permitted without the express consent of Dandy Germany Neurosurgical Club e.V. 

 

§ 6 Prices

 

1. The price stated in the respective offer for the object of purchase shall be understood as the final price including any value added tax and other price components. The price does not include delivery and shipping costs.

 

2. Members of the Dandy Germany Neurosurgical Club e.V. receive a discount on all items, unless they are price-reduced goods or promotional items. The discount is not granted on delivery and shipping costs.

 

§ 7 Withdrawal

 

1. Dandy Germany Neurosurgical Club e.V. shall be entitled to withdraw from the contract, even with regard to an outstanding part of the delivery or service, if false information has been provided about the Buyer's creditworthiness or objective reasons have arisen with regard to the Buyer's inability to pay, e.g. the opening of insolvency proceedings against the Buyer's assets or the rejection of such proceedings for lack of assets to cover costs. Prior to withdrawal, the Buyer shall be given the opportunity to make an advance payment or to provide suitable security. 2.

 

2. Without prejudice to any claims for damages, in the event of partial withdrawal, partial services already rendered shall be settled and paid in accordance with the contract.

 

 

§ 8 Warranty

 

1. Warranty towards consumers 

 

a) Dandy Germany Neurosurgical Club e.V. warrants that the object of purchase is free of defects upon delivery. If a material defect becomes apparent within six months of handover of the object of purchase, it shall be presumed that it was already defective at the time of handover, unless this presumption is incompatible with the nature of the object of purchase or the defect. If the material defect only becomes apparent after the expiry of six months, the purchaser must prove that the material defect already existed at the time of handover of the object of purchase. 

 

b) If the object of purchase is defective at the time of handover, the Purchaser shall have the choice of whether subsequent performance is to be effected by repair or replacement. Dandy Germany Neurosurgical Club e.V. is entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance does not involve significant disadvantages for the Buyer. 

 

c) If the subsequent performance fails, the purchaser may in principle demand a reduction of the purchase price (abatement) or rescission of the contract (withdrawal) as well as damages at his discretion. In the event of only minor defects, the Buyer shall not be entitled to rescind the contract. 

 

d) Claims of the Buyer due to defects shall become statute-barred after two years, in the case of the sale of used goods after one year. The one-year limitation period shall not apply to claims for damages. 

 

2. Warranty vis-à-vis entrepreneurs 

 

a) If the purchase is a commercial transaction for Dandy Germany Neurosurgical Club e.V and the buyer, the buyer must immediately inspect the delivered goods for deviations in quality and quantity and notify Dandy Germany Neurosurgical Club e.V in writing of any visible defects within a period of one week from receipt of the goods; otherwise, the assertion of the warranty claim is excluded. Hidden defects must be reported to Dandy Germany Neurosurgical Club e.V in writing within a period of one week from discovery. Timely dispatch is sufficient to meet the deadline. In this case, the Buyer shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect. 

 

b) In the event of defects, Dandy Germany Neurosurgical Club e.V. shall, at its own discretion, provide warranty by repair or replacement. 

 

c) The Buyer's claims for defects shall become statute-barred after one year. This limitation period does not apply to claims for damages. 3. 

 

3. If Dandy Germany Neurosurgical Club e.V delivers a defect-free object of purchase for the purpose of subsequent performance, Dandy Germany Neurosurgical Club e.V may demand return of the defective object of purchase from the Buyer. 

 

Damage caused by improper measures or measures contrary to the contract by the purchaser during installation, connection, operation or storage do not justify a claim against Dandy Germany Neurosurgical Club e.V.

 

§ 9 Limitation of Liability

 

1. Dandy Germany Neurosurgical Club e.V. shall only be liable for damages other than those resulting from injury to life, limb and health insofar as these damages are based on intentional or grossly negligent conduct or on culpable breach of an essential contractual obligation by Dandy Germany Neurosurgical Club e.V. or its vicarious agents. An essential contractual obligation is an obligation the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the Buyer may regularly rely. Any further liability for damages is excluded. Claims arising from a guarantee given by Dandy Germany Neurosurgical Club e.V. for the quality of the object of purchase and the Product Liability Act shall remain unaffected. 

 

2. According to the current state of technology, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the availability of our internet store at any time.

 

 

§ 10 Choice of Law, Place of Jurisdiction

 

1. All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded. 2. 

 

2. If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of Dandy Germany Neurosurgical Club e.V registered office in Germany. If the Purchaser does not have a general place of jurisdiction in Germany or the place of residence or habitual abode are not known at the time the action is brought.

 

§ 11 Severability clause

 

Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain unaffected, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.

 _______________________________

End of the General Terms and Conditions