General Terms and Conditions for Internet Trade (GTC Internet)
§ 1 Scope, customer information
The following general terms and conditions govern the contractual relationship between Summary Seven Healthcare Consulting GmbH and entrepreneurs who purchase goods through our store. Contradictory or from our terms and conditions deviating conditions are not recognized by us. The contract language is German.
§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.
(2) After entering your data and clicking the order button, you submit a binding offer to conclude a purchase contract. However, you can also place a binding order by telephone or fax. The confirmation of receipt of your order, which is sent immediately by e-mail or fax, does not constitute acceptance of the purchase offer.
(3) We are entitled to accept your offer within 2 working days by sending an order confirmation by e-mail. After the fruitless expiry of the period referred to in sentence 1, your offer shall be deemed to have been rejected, i. e. you shall no longer be bound by your offer. In the case of an order by telephone, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound to it.
§ 3 Customer information: Storage of your order data
Your order with details of the contract concluded (e. g. type of product, price, etc.) will be stored by us. We will send you the GTC, but you can also access the GTC at any time after the conclusion of the contract via our website. As a registered customer, you can access your past orders via the customer login area (My Account), provided you have created a customer account.
§ 4 Customer information: Correction notice
You can correct your entries at any time before submitting the order by pressing the delete button. We will inform you about further correction options on the way through the order process. You can also exit the ordering process completely at any time by closing the browser window.
§ 5 Retention of title
The object of purchase remains our property until full payment.
§ 6 Limitation of your warranty claims
Your warranty claims due to defects in the purchased item are subject to a limitation period of one year from the transfer of risk. Excluded from this provision are claims for damages, claims due to defects that we fraudulently concealed, and claims arising from a guarantee that we have assumed for the condition of the item. Also excluded is your right of recourse according to § 478 BGB. The statutory limitation periods shall apply to these excluded claims.
§ 7 Limitation of liability
We exclude liability for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations, damage arising from injury to life, limb or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.
§ 8 Place of Jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.
General Terms and Conditions for Consulting Services (GTC Consulting)
§ 1 Scope of Application
(1) These General Terms and Conditions (GTC) apply to contracts and orders for consulting services assigned to Summary Seven Healthcare Consulting GmbH, Bernhard-Ernst-Straße 12, 48155 Münster (hereinafter referred to as “S7”) by its client, unless otherwise expressly agreed in writing or mandatory by law.
(2) Contracts concluded with S7 are service contracts, unless expressly agreed otherwise. The scope of the contract includes exclusively consulting activities. Consulting services in legal and tax matters are neither promised nor provided.
§ 2 Placing of order and remuneration
(1) The basis of the business relationship between S7 and the client is the respective consulting contract, in which the scope of services and the remuneration are defined. The client can place orders with S7 by post, e-mail, fax, telephone and in person. S7 also accepts informal orders.
(2) All fees are exclusive of the statutory value added tax.
(3) Depending on the agreement, additional costs such as travel expenses, out-of-pocket expenses, etc. shall also be invoiced. These will be invoiced according to voucher. The following travel guidelines apply: travel by air: economy class (if possible); travel by train: 1st class; travel by car: 0.65 €/km.
§ 3 Terms of payment
(1) S7’s claim to payment of an invoice arises for each individual service as soon as it has been rendered by S7. Unless otherwise agreed, the invoice amount is to be paid immediately upon receipt of the invoice without deduction.
(2) If the client is in default of any payment obligations to S7, all existing claims shall become due immediately. Withdrawal from the contract shall not be required in order to assert the rights arising from retention of title.
(3) Offsetting by the client with counterclaims is excluded, unless the counterclaims are undisputed or have been legally established. The assertion of a right of retention by the Customer shall be excluded unless it is based on the same contractual relationship or the counterclaims are undisputed or have been finally adjudicated.
§ 4 Duty to cooperate
The client shall ensure that all information necessary for the execution of the order and in the possession of the client is submitted to S7 in a timely manner, even without special request, and that S7 is informed of all processes and circumstances that may be of significance for the execution of the order.
§ 5 Removal of defects
In the event of any defects, the client shall be entitled to subsequent performance. Only in the event of failure of the supplementary performance, he may also demand reduction of the remuneration or cancellation of the contract. The claim for rectification of defects must be asserted by the client in writing without delay (i.e. within two weeks after acceptance). Once the results have been accepted as being in accordance with the contract, no further claims can be made at a later date. Claims for rectification of defects that are not based on an intentional act shall become statute-barred after the expiry of one year from the statutory commencement of the limitation period.
§ 6 Liability for damages
(1) S7 shall be liable in cases of intent or gross negligence as well as in cases of negligently caused injury to life, body or health in accordance with the statutory provisions. Otherwise, S7 shall only be liable for culpable violation of essential contractual obligations or insofar as S7 has fraudulently concealed the defect. However, the claim for damages for the culpable breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract.
(2) A claim for damages can only be asserted within a preclusion period of one year after the claimant has become aware of the damage and the event giving rise to the claim, but at the latest within 5 years after the event giving rise to the claim.
§ 7 Confidentiality
(1) S7 undertakes to treat confidentially all internal information from the area of the client made accessible to it within the framework of the business relationship. S7 also expressly undertakes to comply with federal and state data protection regulations.
(2) The client guarantees that the results and information transmitted within the scope of the order, some of which may contain trade secrets of S7, will only be used for its own purposes. The transfer to a third party requires the prior written consent of S7.
§ 8 Failure to cooperate by the client
If the client is in default with the acceptance of the service offered by S7 or if the client fails to cooperate as required, S7 shall be entitled to terminate the contract without notice. This shall not affect S7’s claim to compensation for the additional expenses incurred as a result of the delay or the failure to cooperate on the part of the client as well as the damage caused, even if S7 does not make use of the right of termination.
§ 9 Final Provisions
(1) Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the will and interest of both parties within the scope of what is legally permissible.
(2) German law shall apply exclusively to the order, its execution and the claims arising therefrom.
(3) The place of performance and jurisdiction is Münster.