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1. General

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1.1 The German Civil Code and Commercial Code also apply to cross-border traffic.

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1.2 All agreements and offers are based on our terms of sale, delivery and payment; they are recognized by placing an order, by concluding the contract or by accepting the delivery.

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1.3 Differing terms and conditions of the buyer or supplier, which we do not expressly recognize, are non-binding for us, even if we do not expressly object to them. Deviating agreements or side agreements are only binding if they have been confirmed in writing.

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1.4 Our terms and conditions also apply to follow-up transactions without the need for an express agreement.

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1.5 Trademarks and photographic materials used remain the property of the respective trademark owner or author.

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2. Contracting Party
Offers are intended for people, institutions, authorities and companies that use the products for their professional or official work.

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3. Offer and conclusion of contract

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3.1 Offers are subject to change and non-binding and subject to correct and timely delivery. Obvious mistakes, writing or calculation errors are not binding for us.

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3.2 The offers of this internet shop are intended for people, institutions, authorities and companies who use the products in their professional or official activities.

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3.3 Our internet shop is not an offer in the legal sense. Contracts are only formed when the customer places an order and the goods are delivered.

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3.4 We are the sole copyright holders of offers, cost estimates, drawings, etc. and may not be made accessible to unauthorized third parties by the customer. In the event of a breach of this obligation, we reserve the right to assert claims for damages and claims for injunctive relief.

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3.5 We save the text of the contract and send you the order data and our terms and conditions by email. You can view the terms and conditions at any time in the shop.

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3.6 sono4all OHG is permitted to engage affiliated companies as vicarious agents to fulfill contractual obligations.

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3.7 Orders placed by the customer can only be canceled or revoked in writing.

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3.8 Unless otherwise expressly agreed, the published information in text or image form characterizes the quality of the products to be delivered and their possible uses. Other manufacturer information is not binding. The information corresponds to the current state of knowledge. Success in use is not guaranteed.

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4. Prices

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4.1 All prices are net prices and do not include the statutory VAT applicable on the day of dispatch. This is shown separately on the invoice.

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4.2 The validity of the online offer corresponds to the availability of the online offer. The offers are regularly updated.  

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4.3 Right to price adjustments due to changed wage, material and purchase prices. We will indicate these changes on the invoice at the latest. In the event of a price increase of more than 5%, the customer is entitled to withdraw from the contract.

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4.4 On-site product instruction is not included in the purchase price.

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5. Terms of Delivery

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5.1 The shipping costs incurred are not included in the purchase price, they will be charged separately unless free delivery has been promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.

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5.2 The minimum order value is €15 net. Up to a net order value of €150, we charge €4.90 for packaging, transport and freight within mainland Germany, plus the statutory VAT applicable on the day of delivery. Freight costs abroad may vary. >150,-€ shipping within Germany is free of charge. The additional costs arising from the observance of the buyer's special shipping instructions shall be invoiced to the buyer.

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5.3 For all deliveries, shipping is subject to prepayment.

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5.4 If centrally placed orders are distributed to several shipping addresses, the above provision applies separately to each shipping address and shipping costs are calculated for each address in accordance with the above provision.

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5.5 Unless otherwise described in the online shop or agreed with the customer, we deliver freight forwarding goods curbside.

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5.6 We reserve the right to make partial deliveries without increasing the shipping costs for the customer.

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6. Force Majeure
We have delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible for us - these include in particular strikes, lockouts, official orders, etc., regardless of whether these events occur with us or one of the sub-suppliers not responsible, even in the case of bindingly agreed deadlines and dates. You entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. If such a delay in delivery or service lasts longer than two months, the buyer is entitled, after setting a reasonable grace period, to withdraw from the part of the contract that has not yet been fulfilled. If the delivery time is extended due to the circumstances mentioned or if we are released from our obligation, the buyer cannot derive any claims for damages from this. We can only invoke the circumstances mentioned if we have notified the buyer immediately.

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7. Shipping and Passing of Risk

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7.1 All risks are transferred to the buyer as soon as the goods have been handed over to the person carrying out the transport or have left our warehouse for the purpose of shipment.

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7.2 In the case of shipments to us, the sender bears every risk, in particular the transport risk until the goods arrive at our premises, as well as the entire transport costs; this does not apply to the costs that may be incurred as part of supplementary performance (section 11.4).

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7.3 If the dispatch of the delivery is delayed for reasons that lie with the buyer or if the buyer has to arrange for the transport of the goods himself, the transfer of risk takes place when the buyer is notified that the goods are ready for dispatch. The buyer bears storage costs after the transfer of risk. For storage in our warehouses, the monthly storage costs are 0.5% of the invoice amount. We reserve the right to prove higher storage costs. After a reasonable period of time has expired, we are entitled to otherwise dispose of the delivery and to supply the buyer within a reasonable, extended period.

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8. Return

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8.1 The return of products is only possible in exceptional cases and with our prior written consent. Goods returned without our consent will be rejected. The same applies to non-free packages. The buyer has to bear the costs for the return shipment.

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8.2 Consumables, custom-made products, disinfectants, sterile products and special orders are generally excluded from return and exchange.

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9. Terms of Payment

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9.1 Payments must be made strictly net within 10 days of the invoice date. If payment deadlines are exceeded, we are entitled to demand interest of at least 8 percentage points above the base interest rate (§247 BGB) pa. The assertion of a higher damage caused by default remains reserved.

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9.2 New customers generally have to pay in advance. We reserve the right to change without notice.

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9.3 For the timeliness of a payment, the receipt of the money or the credit entry to our account is always decisive.

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9.4 Pursuant to Section 286, Paragraph 3 of the German Civil Code, you are in default no later than 30 days after receipt of an invoice, without the need for an express reminder. From the beginning of the delay, you are obliged to compensate for the damage caused by the delay (e.g. costs for reminders due to persistent delay in payment) and to pay interest on arrears.

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9.4 All payments are always credited to the oldest debt, regardless of any other provisions of the buyer. If recovery costs or interest have already been incurred, the payment will first be offset against the costs, then against the interest and finally against the main claim.

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9.5 The buyer is only entitled to offset if his counterclaims have been legally established or are undisputed. Due to defects, the buyer can withhold a maximum of three times the amount of the subsequent performance. When exercising the right of retention, the buyer is obliged to provide us with security in the amount of the retained partial amount by bank guarantee or by deposit with a notary to be chosen by the buyer.

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9.6 Partial deliveries or partial services can be invoiced separately.

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9.7 If circumstances become known that call into question the creditworthiness of the buyer, in particular if the buyer stops making payments, the entire remaining debt becomes due immediately. In these cases, you are also entitled to demand advance payments or security deposits.

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9.8 In the case of payments from abroad, the payer must bear all costs and fees.

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9.9 Discount and bill of exchange charges are at the expense of the buyer and are due immediately.

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10. Retention of Title

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10.1 All delivered goods remain the property of sono4all OHG (reserved goods) until all claims have been fulfilled, regardless of the legal reason, including future or conditional claims from contracts concluded at the same time or later. Treatment and processing of the reserved goods are carried out for us as the manufacturer within the meaning of §950 BGB, but without any obligation for us. The processed goods are considered reserved goods. If the buyer processes or combines the reserved goods with other goods, we are entitled to co-ownership of the new item in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used. If our ownership or co-ownership expires through connection, it is already agreed that the buyer's ownership or co-ownership of the uniform item to the extent of the invoice value of the reserved goods shall pass to us. The buyer keeps our property or co-ownership for us free of charge.

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10.2 The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or collateral assignments are inadmissible. The buyer hereby assigns to us in full the claims arising from the resale or any other legal reason (insurance, tort) with regard to the goods subject to retention of title, including all balance claims from current accounts. We revocably authorize the buyer to collect the claims assigned to us for his account in his own name. We are only entitled to withdraw if the buyer does not properly meet his payment obligations from the business relationship with us or if we become aware of circumstances that are likely to significantly reduce the customer's creditworthiness. If the conditions for exercising the right of cancellation are met, the buyer must, at our request, immediately disclose the assigned claims and their debtors, provide all information required to collect the claims, hand over the associated documents to us and notify the debtor of the assignment. We are also entitled to notify the debtor of the assignment ourselves.

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10.3 In the event of access by third parties to the goods subject to retention of title, in particular in the event of attachments, the buyer must indicate our ownership and notify us immediately so that we can enforce our property rights. All necessary intervention costs are at the expense of the buyer, insofar as they cannot be recovered from a third party.

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10.4 If the buyer behaves contrary to the contract - especially in the case of default of payment - we are entitled to withdraw from the contract without setting a deadline and to demand the surrender of the goods or, if necessary, the assignment of the buyer's claims for surrender against third parties. The assertion of the retention of title only constitutes a withdrawal from the contract if we have expressly declared this in writing or if the Consumer Credit Act applies. The buyer's right to own the goods subject to retention of title expires if he fails to fulfill his obligations under this or any other contract with us.

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11. Liability for Defects

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11.1 We are not liable for improper or unsuitable use, especially excessive stress, incorrect assembly or incorrect use by the buyer or third parties, natural wear and tear, incorrect and negligent treatment and handling, especially by untrained personnel.

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11.2 The buyer is obliged to carefully inspect the delivered goods for completeness and correctness immediately upon receipt, even if samples or specimens have been sent beforehand. The delivery is deemed approved if a notice of defects is not sent to us in writing, by telex or fax within two weeks of receipt of the goods at the destination or, if the defect was not recognizable during a proper inspection, within two weeks of its discovery. This also applies to multiple deliveries. If an excess delivery is not reported within two weeks of receipt of the goods at the destination, this is deemed to have been approved.

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11.3 In the event of a justified notice of defects, the buyer initially only has a claim to supplementary performance, which we shall provide exclusively by delivering a defect-free item. If the supplementary performance has failed or is unreasonable for the buyer or is unnecessary because we finally reject the supplementary performance or did not effect the supplementary performance by a contractually specified date or within a certain period of time and the buyer has bound the continued existence of his interest in performance to the timeliness of the service in the contract or because there are special circumstances which, after weighing up the interests of both parties, justify immediate withdrawal, the buyer has the right immediately to reduce the purchase price or, at his option, to withdraw from the contract and claim damages instead of performance or reimbursement of wasted expenses in accordance with Section 13 to require.

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11.4 Defective goods are to be kept ready for inspection and, if necessary, collection in the condition in which they were at the time the defect was discovered. A breach of the above obligation excludes any warranty claims against us.

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11.5 We shall be liable for one year for any claims by the buyer due to defects in the goods, starting from delivery. Liability for legal defects according to the statutory provisions remains unaffected. Otherwise, liability for damage caused by defects is based on Section 13.

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11.6 If the contract is a commercial transaction for both parties, recognizable defects according to Section 377 HGB must be reported immediately, but no later than within 7 days of receipt of the goods, immediately after their discovery. Packaging must be checked for correctness immediately after delivery of the goods and any defects found must be reported to us within 7 days at the latest. The customer must have the damage to the packaging confirmed in writing by the carrier upon delivery.

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11.7 Used goods are sold and delivered without any warranty.

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11.8 Hardware and software delivered by us as a finished functional unit may only be opened and modified with our written approval. In the case of unauthorized interventions by the buyer himself or by third parties commissioned by him, warranty claims of any kind are void.

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12.Software
Insofar as software is part of the scope of delivery, the buyer is granted a simple, unrestricted right of use, ie he may neither copy it nor allow others to use it. A multiple right of use requires a special written agreement. If this restriction is violated, the buyer is fully liable for the resulting damage.

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13. Liability for Damages

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13.1 We are liable in accordance with the statutory provisions if the buyer asserts claims for damages or  claims for reimbursement of expenses (hereinafter: claims for damages) which are based on intent or gross negligence - including intent or gross negligence on the part of our representatives or vicarious agents. Furthermore, we are liable according to the statutory provisions if we have culpably violated an essential contractual obligation ("cardinal obligation"), as well as in cases of injury to life, limb or health and insofar as we have assumed guarantees.

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13.2 Compensation for the breach of an essential contractual obligation is limited to the foreseeable, typically occurring damage, unless there is intent or gross negligence and unless there is liability for injury to life, limb or health or from guarantees assumed.

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13.3 Apart from that, liability for damages is excluded regardless of the legal nature of the asserted claim. In this respect, we are not liable in particular for damage that has not occurred to the delivery item itself, such as lost profits and other financial losses of the buyer.

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13.4 Our liability under the Product Liability Act and for claims arising from tortious producer liability remains unaffected.

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13.5 Claims for reimbursement of expenses by the buyer are limited to the amount of the buyer's interest in the fulfillment of the contract.

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13.6 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.

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13.7 The above provisions do not involve a reversal of the burden of proof to the detriment of the buyer.

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14. Obligations from the MPG
We comply with all obligations under the Medical Devices Act (MPG) and the regulations issued on the basis of the MPG, which is also reflected in the proper CE marking.

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15. Obligations from the ElektroG

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15.1 With regard to the electrical and electronic equipment we have given to the buyer, we guarantee the proper Registration as a manufacturer. In addition, all of these devices that are covered by the scope of the ElektroG are marked according to the specifications. We also guarantee the proper execution of the corresponding reporting obligations.

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15.2 However, the buyer releases us from the obligation to properly dispose of the devices within the meaning of Section 14.1 in accordance with the specifications of §§11, 12 ElektroG, if necessary by commissioning third parties.

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16. Privacy
We are entitled to process the data received about the buyer in connection with the business relationship, regardless of whether it originates from the buyer himself or from third parties, within the meaning of the Federal Data Protection Act. At the same time, the buyer authorizes us to send newsletters. You can unsubscribe at any time. This note replaces the notification in accordance with the Federal Data Protection Act that personal data about the customer is stored and processed by EDP.

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17. Export
We would like to point out that the delivered goods may only be exported with prior official approval. The Federal Office of Economics provides binding information on this. The declarations of consent must be obtained by the buyer before the goods are shipped.

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18. Place of Performance, Applicable Law, Place of Jurisdiction, Partial Invalidity

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18.1 German law applies to the exclusion of the UN Sales Convention.

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18.2 The place of performance for our delivery obligations is our warehouse, the place of performance for all of the buyer's obligations is the seller's registered office.

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18.3 These terms and conditions and the entire legal relationship between us and the buyer are exclusively subject to German law. The validity of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the rules of private international law are excluded.

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18.4 The exclusive place of jurisdiction for all disputes in the case of merchants, legal entities under public law or special funds under public law is the registered office of the seller. However, we are entitled to sue the buyer at his legal place of jurisdiction.

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19. Consumer Arbitration / EU Regulation 524/2013

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19.1 According to EU Regulation No. 524/2013 on online dispute resolution in consumer matters, from January 9, 2016 consumers will be able to settle disputes with entrepreneurs in connection with online sales contracts or online service contracts out of court via an online platform (OS platform) to be enclosed. This platform is set up by the EU Commission and made accessible in particular via the "Your Europe" portal (http://europa.eu/youreurope/citizens/index_de.htm). You can reach the platform directly at: https://ec.europa.eu/consumers/odr/

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Please note: According to information from the EU Commission, the OS platform will be available to consumers from February 15, 2016.

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Our e-mail address is: info@sono4all.de

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20. Severability Clause
Should individual provisions in these terms and conditions be or become void, ineffective or contestable, this shall not affect the validity of all other provisions or agreements. Instead of an ineffective provision, an effective provision shall be deemed to have been agreed which comes as close as possible to what the parties intended. This applies accordingly to gaps that need to be supplemented.

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Pleinfeld August 2021