{"id":40527,"date":"2024-04-26T22:24:04","date_gmt":"2024-04-26T20:24:04","guid":{"rendered":"https:\/\/stage.servomed.de\/terms-and-conditions-and-right-of-withdrawal\/"},"modified":"2026-10-27T22:53:05","modified_gmt":"2026-10-27T21:53:05","slug":"terms-and-conditions-and-right-of-withdrawal","status":"publish","type":"page","link":"https:\/\/stage.servomed.de\/en\/terms-and-conditions-and-right-of-withdrawal\/","title":{"rendered":"Terms and Conditions and Right of Withdrawal"},"content":{"rendered":"\n
\n

Terms and Conditions for Business Customers<\/h3>\n\n\n\n

General Terms of Delivery and Payment of SERVOMED GmbHWholesale and retail trade in rehabilitation aids and orthopedic technology<\/h4>\n\n\n\n

SERVOMED GmbHFriedrichstra\u00dfe 171Einstein Palais10117 BerlinCommercial RegisterCharlottenburg: HRB 105712Managing Partner: Gerhard Dreher<\/p>\n\n\n\n

\u00a7 1 General Provisions<\/strong><\/p>\n\n\n\n

1) These Terms of Delivery and Payment form part of all offers and contracts for the sale of goods by the Seller, particularly those with businesses within the meaning of Section 14 of the German Civil Code (BGB).<\/p>\n\n\n\n

2) Deviating agreements and terms and conditions are binding only if confirmed by the Seller.\u00a7 2 Offers and Delivery Periods<\/strong><\/p>\n\n\n\n

1) General offers are non-binding. Sale to another buyer is reserved.<\/p>\n\n\n\n

2) Offers become binding upon written confirmation.<\/p>\n\n\n\n

3) Delivery periods are subject to the Seller receiving correct and timely deliveries from its own suppliers, unless the Seller expressly guarantees them.\u00a7 3 Delivery of Commercial Goods<\/strong><\/p>\n\n\n\n

Delivery is subject to a charge for shipping costs. If, as a gesture of goodwill, goods are accepted for return in an individual case due to an incorrect order, the Buyer shall bear the costs of both outbound and return shipping. A handling fee of 15% of the sale price of the goods will be charged, up to a maximum of EUR 30.00.\u00a7 4 Packaging<\/strong><\/p>\n\n\n\n

No additional charge is made for packaging. This excludes special packaging required for shipping hazardous materials.\u00a7 5 Delivery, Delay and Impossibility<\/strong><\/p>\n\n\n\n

1) Delivery periods are subject to an uninterrupted process and are not binding. Partial deliveries are permitted.<\/p>\n\n\n\n

2) Labor disputes and unforeseeable, serious events for which the Seller is not responsible, such as government measures or traffic disruptions, release the Seller from its delivery obligations for the duration of their effects or, if delivery becomes impossible, from the delivery period.<\/p>\n\n\n\n

3) The Seller is not required to accept returns of goods delivered free of defects.<\/p>\n\n\n\n

4) Sale on approval is expressly excluded.\u00a7 6 Payment<\/strong><\/p>\n\n\n\n

1) Sales with deferred payment terms require a separate agreement. Otherwise, the invoice amount is due and payable immediately. If payment has not been made within 30 days of receipt of an invoice, the Buyer shall be in default.<\/p>\n\n\n\n

2) Any discount granted shall be forfeited retroactively if the Buyer defaults on payment and the Seller initiates court debt-collection proceedings against the Buyer.<\/p>\n\n\n\n

3) Payment by cheque or bill of exchange is accepted only as conditional payment and requires the Seller’s consent. The Buyer shall bear any discount charges, bill of exchange fees and other costs associated with these payment methods.<\/p>\n\n\n\n

4) From the due date, the Seller is entitled to charge the Buyer interest at a rate of 8% per annum and, from the date of default, interest at a rate of 5% per annum above the base rate of the bank extending credit, subject to a minimum rate of 8% per annum.<\/p>\n\n\n\n

5) The Seller’s invoices shall be deemed accepted unless the Buyer objects in writing within 14 days of the invoice date.<\/p>\n\n\n\n

6) A processing fee of EUR 15.00 applies to refunds for duplicate or excess payments. A fee of EUR 35.00 applies to returned direct debits due to insufficient funds or an objection.\u00a7 7 Notice of Defects, Warranty and Liability<\/strong><\/p>\n\n\n\n

1) The obligations under Sections 377 and 378 of the German Commercial Code (HGB) apply on the condition that a Buyer who is a merchant within the meaning of the HGB must notify the Seller in writing of all obvious defects, shortages or incorrect deliveries within 6 working days of delivery, and in any event before installation or processing. Transport damage and shortages, including in packaged goods, must be reported by telephone immediately upon receipt of the goods and confirmed in writing. Loss or leakage within customary commercial limits may not be claimed as a defect.<\/p>\n\n\n\n

2) If a notice of defects is justified and submitted within the required period for defective goods within the meaning of Section 434 BGB, the Seller shall, at its discretion, remedy the defect or deliver goods free of defects. If subsequent performance fails, is not provided within a reasonable period, is refused, or is unreasonable for the Buyer, the Buyer may demand rescission of the contract or a reduction in the purchase price.\u00a7 8 Retention of Title<\/strong><\/p>\n\n\n\n

1) The delivered goods remain the property of the Seller until the purchase price and all claims arising from the entire business relationship have been paid in full. If the Buyer defaults on payment, the Buyer is required to surrender the goods subject to retention of title.<\/p>\n\n\n\n

2) If the Buyer sells goods subject to retention of title, either alone or together with goods not belonging to the Seller, the Buyer hereby assigns to the Seller, which accepts the assignment, all claims arising from the resale, up to the value of the goods subject to retention of title, together with all ancillary rights.<\/p>\n\n\n\n

3) The Buyer shall immediately notify the Seller of any enforcement action by third parties against the goods subject to retention of title or the assigned claims, and shall provide the documents necessary to object to such action.<\/p>\n\n\n\n

4) If the Buyer suspends payments, applies for or becomes subject to insolvency proceedings, or enters into judicial or extrajudicial composition proceedings, the right to resell, use or install the goods subject to retention of title shall lapse.<\/p>\n\n\n\n

5) Once all of the Seller’s claims arising from the business relationship have been paid, ownership of the goods subject to retention of title and the assigned claims shall pass to the Buyer.\u00a7 9 Place of Performance and Jurisdiction<\/strong><\/p>\n\n\n\n

1) The place of performance is 10117 Berlin.<\/p>\n\n\n\n

2) The place of jurisdiction is Berlin.<\/p>\n\n\n\n

3) The contractual relationship shall be governed by the laws of the Federal Republic of Germany.\u00a7 10 Data Protection Clause<\/strong><\/p>\n\n\n\n

The buyer is hereby informed that personal data will be stored for the purposes of the business relationship entered into and, insofar as permitted by law, used and\/or transmitted.\u00a711 Final Provisions<\/strong><\/p>\n\n\n\n

Should any of the foregoing provisions be invalid for whatever legal reason, this shall not affect the validity and enforceability of the remaining provisions.<\/p>\n<\/div><\/div>\n\n

\n\n
\n

Terms and Conditions for Health Insurers<\/h3>\n\n\n\n

General Terms of Delivery and Payment of SERVOMED GmbHWholesale and retail trade in rehabilitation aids and orthopedic technology<\/h4>\n\n\n\n

SERVOMED GmbHFriedrichstra\u00dfe 171Einstein Palais10117 BerlinCommercial RegisterCharlottenburg: HRB 105712Managing Partner: Gerhard Dreher<\/p>\n\n\n\n

\u00a7 1 General Provisions<\/strong><\/p>\n\n\n\n

1) These terms and conditions of delivery and payment form part of all offers and contracts for the sale of goods by the seller exclusively to health insurers and other so-called benefit providers in the health and social care sectors of the Federal Republic of Germany.<\/p>\n\n\n\n

2) Any deviating agreements and terms and conditions shall be binding only if confirmed by us as the contractual partner.\u00a7 2 Offers and Delivery Periods<\/strong><\/p>\n\n\n\n

1) The items offered in our product catalogue, together with their prices, constitute a general offer. General offers are non-binding. Items are subject to prior sale.<\/p>\n\n\n\n

2) Offers are deemed to have been accepted as binding when an order is placed using the shopping cart function.<\/p>\n\n\n\n

3) Delivery periods are subject to timely and correct delivery to us by our suppliers, unless we, as the contractual partner, expressly agree otherwise.\u00a7 3 Delivery of Medical Aids \/ Commercial Goods<\/strong><\/p>\n\n\n\n

Orders must be placed online through our product catalogue and its shopping cart function. Delivery can be made only if this procedure is followed.\u00a7 5 Delivery, Default and Impossibility<\/strong><\/p>\n\n\n\n

1) Delivery periods are subject to an uninterrupted process and are not binding. Partial deliveries are permitted.<\/p>\n\n\n\n

2) Labor disputes and unforeseeable, serious events for which the Seller is not responsible, such as government measures or traffic disruptions, release the Seller from its delivery obligations for the duration of their effects or, if delivery becomes impossible, from the delivery period.<\/p>\n\n\n\n

3) The Seller is not required to accept returns of goods delivered free of defects.<\/p>\n\n\n\n

4) Sale on approval is expressly excluded.\u00a7 6 Payment<\/strong><\/p>\n\n\n\n

1) Sales with deferred payment terms require a separate agreement. Otherwise, the invoice amount is due and payable immediately. If payment has not been made within 30 days of receipt of an invoice, the Buyer shall be in default.<\/p>\n\n\n\n

2) From the due date, the seller is entitled to charge the buyer interest at a rate of 8% per annum and, from the date of default, interest at a rate of 5% per annum above the base rate of the buyer’s lending bank, but at least 8% per annum.<\/p>\n\n\n\n

3) Invoices issued by the seller shall be deemed accepted if no discrepancy with the order placed online is apparent.<\/p>\n\n\n\n

4) A processing fee of EUR 15.00 applies to returned transfers due to duplicate or excess payments. A fee of EUR 35.00 applies to returned direct debits due to insufficient funds or a payment dispute.\u00a7 7 Complaints Regarding Defects, Warranty and Liability<\/strong><\/p>\n\n\n\n

2) If a complaint regarding defective goods within the meaning of \u00a7 434 BGB is made in due time and is justified, the contractual partner shall remedy the defect or supply a defect-free item. If subsequent performance fails, is not provided within a reasonable period, is refused, or is unreasonable for the buyer, the buyer may demand rescission of the contract or a reduction in the purchase price (price reduction).\u00a7 8 Retention of Title<\/strong><\/p>\n\n\n\n

1) The delivered goods remain the property of the contractual partner until the purchase price has been paid in full, together with all claims arising from the entire business relationship.<\/p>\n\n\n\n

2) If the buyer resells goods subject to retention of title, either alone or together with goods not belonging to the contractual partner, the health insurer, as buyer, hereby assigns to the contractual partner, who accepts the assignment, all claims arising from the resale, up to the value of the goods subject to retention of title, together with all associated rights.<\/p>\n\n\n\n

3) The health insurer, as buyer, must immediately notify the contractual partner of any enforcement action by third parties against goods subject to retention of title or assigned claims, and provide the documents necessary to object to such action.<\/p>\n\n\n\n

4) If the Buyer suspends payments, applies for or becomes subject to insolvency proceedings, or enters into judicial or extrajudicial composition proceedings, the right to resell, use or install the goods subject to retention of title shall lapse.<\/p>\n\n\n\n

5) Upon settlement of all claims of the contractual partner arising from the business relationship, ownership of the goods subject to retention of title and the assigned claims shall pass to the health insurer, as buyer.\u00a7 9 Place of Performance and Jurisdiction<\/strong><\/p>\n\n\n\n

1) The place of performance is 10117 Berlin.<\/p>\n\n\n\n

2) The place of jurisdiction is Berlin.<\/p>\n\n\n\n

3) The contractual relationship shall be governed by the laws of the Federal Republic of Germany.\u00a7 10 Data Protection Clause<\/strong><\/p>\n\n\n\n

The health insurer, as buyer, is hereby informed that personal data will be stored for the purposes of the business relationship entered into and, insofar as permitted by law, used and\/or transmitted.\u00a711 Final Provisions<\/strong><\/p>\n\n\n\n

Should any of the foregoing provisions be invalid for whatever legal reason, this shall not affect the validity and enforceability of the remaining provisions.<\/p>\n<\/div><\/div>\n\n

\n\n
\n

Terms and Conditions for Private Customers \/ Consumers<\/h3>\n\n\n\n

SERVOMED GmbHFriedrichstra\u00dfe 171Einstein Palais10117 BerlinCommercial RegisterCharlottenburg: HRB 105712Managing Partner: Gerhard Dreher<\/p>\n\n\n\n

We supply you without restriction in accordance with the statutory provisions of \u00a7\u00a7 312c et seq. BGB for the protection of consumers. The permitted exclusions are specified and listed both in the cancellation policy and under the right of return, under the heading Waiver of the Right of Withdrawal. A purchase contract between us, SERVOMED GmbH, and a consumer is concluded in the SERVOMED GmbH online shop exclusively by means of email as a means of distance communication.<\/p>\n\n\n\n

Cancellation Policy and Waiver of the Right of Withdrawal<\/h3>\n\n\n\n

Right of Withdrawal<\/h4>\n\n\n\n

You may withdraw from your contractual declaration within 14 days without giving any reason, in text form (e.g. by letter, fax or email) or, if the goods are made available to you before the deadline expires, by returning the goods. The period begins upon receipt of this notice in text form, but not before the goods are received by the recipient (in the case of recurring deliveries of identical goods, not before receipt of the first partial delivery), and not before we have fulfilled our information obligations under Article 246 \u00a7 2 in conjunction with \u00a7 1(1) and (2) EGBGB and our obligations under \u00a7 312e(1), sentence 1 BGB.<\/p>\n\n\n\n

Waiver of the Right of Withdrawal When Purchasing Medical Aids<\/p>\n\n\n\n

You expressly agree, before purchasing medical aids, to waive your right of withdrawal in connection with the purchase.<\/p>\n\n\n\n

Medical aids include, among other things, items intended to ensure the success of a treatment, prevent an impending disability, or compensate for an existing disability by providing support, replacement or relief. They are not general-purpose items, but products required in individual cases. These include the following product groups and subgroups specified in the product group directory established by the Federal Ministry of Health:<\/p>\n\n\n\n

Suction devices [01]<\/a>, Adaptation aids [02]<\/a>, Application aids [03]<\/a>, Supplies for businesses and care facilities [80]<\/a>, Bathing aids [04]<\/a>, Supports and braces [05]<\/a>, Radiation therapy devices [06]<\/a>, Aids for the visually impaired [07]<\/a>, Insoles [08]<\/a>, Electrical stimulation devices [09]<\/a>, Manufacturing materials [36]<\/a>, Fitness and massage [38]<\/a>, Foot protection products [35]<\/a>, Walking aids [10]<\/a>, Pressure ulcer prevention aids [11]<\/a>, Compression therapy aids [17]<\/a>, Inhalation and respiratory therapy devices [14]<\/a>, Incontinence aids [15]<\/a>, Cold and heat therapy [42]<\/a>, Cushions, wedges and rolls [43]<\/a>, Personal care, hygiene and intensive care [37]<\/a>, Body protection and belts [46]<\/a>, Wheelchairs and patient transport equipment [18]<\/a>, Nursing care products [19]<\/a>, Positioning aids [20]<\/a>, Mattresses and overlays [44]<\/a>, Measuring devices for bodily conditions and functions [21]<\/a>, Rental, advertising and administration [90]<\/a>, Mobility aids [22]<\/a>, Orthoses\/splints [23]<\/a>, Care aids to make caregiving easier [50]<\/a>, Care aids to relieve discomfort [53]<\/a>, Care aids for independent living and mobility [52]<\/a>, Products for various applications [70]<\/a>, Prostheses [24]<\/a>, Shoes [31]<\/a>, Non-compression stockings [34]<\/a>, Therapeutic exercise equipment [32]<\/a>, Toilet aids [33]<\/a>, Clothing and clothing protection [39]<\/a>, Wellness and relaxation [45]<\/a>, Disposable care aids [54]<\/a>.<\/p>\n\n\n\n

Withdrawal notices must be sent to:SERVOMED GmbHServiceKettelerstr. 766299 Friedrichsthal-BildstockEmail: info@servomed.de<\/a>Telephone: 06897-84 14 064Fax: 06897-84 14 065<\/p>\n\n\n\n

Consequences of withdrawal<\/h4>\n\n\n\n

In the event of a valid withdrawal, both parties must return the benefits received and surrender any benefits derived (e.g. interest), where applicable. If you are unable to return the goods or services received, either in whole or in part, or can return them only in a deteriorated condition, you may be required to compensate us for their loss in value. For goods supplied, this does not apply if the deterioration is due solely to inspecting the goods, as you would have been able to do in a retail store. In all other respects, you can avoid the obligation to compensate us for any loss in value caused by using the goods as intended by not using them as if they were your own property and by refraining from anything that could reduce their value. Goods suitable for parcel shipment must be returned at our risk. You must bear the cost of returning the goods if the goods delivered correspond to those ordered and the price of the goods to be returned does not exceed EUR 40, or if the price is higher and, at the time of withdrawal, you have not yet provided the consideration or made a contractually agreed partial payment. Otherwise, return shipping is free of charge to you. Goods that are not suitable for parcel shipment will be collected from you. Any obligation to refund payments must be fulfilled within 30 days. For you, the period begins when you send your notice of withdrawal or the goods; for us, it begins when we receive them.<\/p>\n\n\n\n

Exclusion<\/h4>\n\n\n\n

Medical aids may not be returned to the commercial supply chain and are therefore excluded from the right of withdrawal.<\/p>\n\n\n\n

End of the withdrawal instructions<\/p>\n\n\n\n

Return instructions<\/h3>\n\n\n\n

Right of return<\/h4>\n\n\n\n

You may return the goods received within [14 Tagen] (1), without giving any reason, by sending them back to us. The period begins upon receipt of these instructions in text form (e.g. by letter, fax or email), but not before the goods have been received (2). Only for goods that are not suitable for parcel shipment (e.g. bulky items) may you also exercise your right of return by requesting collection in text form. To meet the deadline, it is sufficient to send the goods or the collection request in good time. In all cases, the return is at our expense and risk.<\/p>\n\n\n\n

The goods must be returned, or the collection request sent, to:SERVOMED GmbHServiceKettelerstra\u00dfe 766299 Friedrichsthal-BildstockTel.: +49 (0) 6897-84 14 064Fax.: +49 (0) 6897-84 14 065E-Mail.: info@servomed.de<\/a> and stage.servomed.de<\/a><\/p>\n<\/div><\/div>\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Terms and Conditions for Business Customers General Terms of Delivery and Payment of SERVOMED GmbHWholesale and retail trade in rehabilitation aids and orthopedic technology SERVOMED GmbHFriedrichstra\u00dfe 171Einstein Palais10117 BerlinCommercial RegisterCharlottenburg: HRB 105712Managing Partner: Gerhard Dreher \u00a7 1 General Provisions 1) These Terms of Delivery and Payment form part of all offers and contracts for the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-40527","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/stage.servomed.de\/en\/wp-json\/wp\/v2\/pages\/40527","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stage.servomed.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/stage.servomed.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/stage.servomed.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/stage.servomed.de\/en\/wp-json\/wp\/v2\/comments?post=40527"}],"version-history":[{"count":1,"href":"https:\/\/stage.servomed.de\/en\/wp-json\/wp\/v2\/pages\/40527\/revisions"}],"predecessor-version":[{"id":40528,"href":"https:\/\/stage.servomed.de\/en\/wp-json\/wp\/v2\/pages\/40527\/revisions\/40528"}],"wp:attachment":[{"href":"https:\/\/stage.servomed.de\/en\/wp-json\/wp\/v2\/media?parent=40527"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}