AGB
GENERAL TERMS AND CONDITIONS of Ludwig Bertram GmbH, Status: January 2025
1. Scope of application
The following General Terms and Conditions (hereinafter "GTC") shall apply exclusively to all delivery transactions of Bertram Vital - Ludwig Bertram GmbH (hereinafter "Hallufix") with customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB), unless expressly agreed otherwise.
2. Offer, conclusion of contract, sales brochures
2.1 Offers, sales brochures, offers on the Internet etc. from Hallufix shall always be subject to change and shall constitute an invitation to the customer to place an order with Hallufix.
2.2 An order placed by the customer shall constitute a binding offer which Hallufix may accept within 4 weeks of receipt by Hallufix by means of a written order confirmation or delivery.
2.3 The contract shall be concluded upon receipt of the written order confirmation from Hallufix by the customer or upon execution of the delivery.
3. CANCELLATION POLICY
3.1 Right of withdrawal. THE CUSTOMER IS ENTITLED TO REVOKE HIS CONTRACTUAL DECLARATION WITHIN 14 DAYS WITHOUT GIVING REASONS IN TEXT FORM (E.G. LETTER, FAX OR E-MAIL) OR BY RETURNING THE GOODS. THE PERIOD DOES NOT BEGIN BEFORE THE DAY OF RECEIPT OF THE GOODS BY THE CUSTOMER AND RECEIPT OF THE REVOCATION INSTRUCTIONS IN TEXT FORM. THE TIMELY DISPATCH OF THE REVOCATION OR THE GOODS IS SUFFICIENT TO MEET THE DEADLINE. THE REVOCATION MUST BE SENT TO:
Bertram Vital - Ludwig Bertram GmbH
Im Torfstich 7
30916 Isernhagen
Germany
Phone: +49 (0)5136 9759-0
Fax: +49 (0)5136 9759-555
E-mail: info@hallufix.de
Return of goods
If you wish to return your product within 14 days of receipt, please state the reason for return in writing. If the reason for return is an incorrect size ordered, we will accept the return freight collect, please contact us for this. We will be happy to send you a shipping voucher for this.
If you do not give us a reason for return, you must return the products at your own expense.
Should you nevertheless return your product freight collect, we will offset any freight costs incurred against the credit note.
If you have any queries, please contact: info@hallufix.de
3.2 Consequences of revocation. IN THE EVENT OF AN EFFECTIVE REVOCATION, THE SERVICES RECEIVED BY BOTH PARTIES SHALL BE RETURNED AND ANY BENEFITS DERIVED (E.G. INTEREST) SHALL BE SURRENDERED. IF THE CUSTOMER IS UNABLE TO RETURN THE SERVICE RECEIVED IN WHOLE OR IN PART, OR ONLY IN A DETERIORATED CONDITION, HE MUST PAY HALLUFIX COMPENSATION FOR THE VALUE OF THE SERVICE. this shall not apply if the deterioration of the goods is attributable exclusively to their inspection, as would have been possible for the customer in a shop, for example. MOREOVER, THE CUSTOMER CAN AVOID THE OBLIGATION TO PAY COMPENSATION BY NOT USING THE GOODS AS AN OWNER AND BY REFRAINING FROM DOING ANYTHING THAT IMPAIRS THEIR VALUE.
3.3 Returns. Goods that can be sent by parcel post must be returned. THE CUSTOMER SHALL BEAR THE COSTS OF THE RETURN SHIPMENT, UNLESS THE DELIVERED GOODS DO NOT CORRESPOND TO THOSE ORDERED.
END OF THE CANCELLATION POLICY.
4. Prices, payment
4.1 The prices in the respective current price list shall apply.
4.2 All prices quoted by Hallufix are in EURO including the applicable statutory VAT plus transport and delivery costs.
4.3 Customs duties, consular fees and other taxes, duties, fees, etc. levied on the basis of foreign regulations and the associated costs shall be borne by the customer.
4.4 Hallufix shall ensure compliance with foreign packaging, weighing and customs regulations, provided that the customer provides precise information in good time. The associated additional costs shall be borne by the customer.
4.5 Unless otherwise agreed, invoices from Hallufix shall be due for payment upon receipt by the customer and must be settled immediately, but at the latest within 10 days of receipt without deduction. The place of payment shall be the registered office of the brand owner of Hallufix, Ludwig Bertram GmbH.
4.6 If the customer defaults on payment, Hallufix shall be entitled to charge default interest at a rate of 5% p.a. above the prime rate. Hallufix shall also be entitled to demand higher interest on other legal grounds or to claim further damages.
4.7 The customer shall not be entitled to withhold payments due to counterclaims or to offset them against counterclaims unless the counterclaims are undisputed or have been legally established.
5. Delivery dates, force majeure
5.1 In the event that the customer fails to fulfil its duties to cooperate and/or provide advance services in good time, the delivery dates shall be postponed accordingly. In the event that the customer culpably breaches its duties to cooperate, in particular in the event that the customer fails to accept the goods, Hallufix shall be entitled to demand compensation for the damages and additional expenses incurred as a result thereof.
5.2 In the event of delays in delivery due to unforeseeable events which are beyond the control of Hallufix (e.g. strike or lawful lockout, operational disruptions, delays in the procurement of materials due to Hallufix not being able to obtain its own supplies in good time for reasons for which Hallufix is not responsible - including those of Hallufix's suppliers - civil war, acts of terrorism, natural disasters, import and export bans, shortages of energy and raw materials), the agreed delivery periods shall be extended by the duration of the hindrance. If, as a result of force majeure, Hallufix is permanently unable to deliver, but at least for a period of four months, it shall be released from its obligation to deliver. In this case, the customer shall be entitled to withdraw from the contract.
6. Place of performance, Dispatch, transfer of risk
6.1 Unless otherwise agreed, the place of performance shall be the registered office of Hallufix.
6.2 If, at the request of the customer, Hallufix itself or through an appointed third party undertakes the dispatch of the goods, the choice of means of transport and transport route shall be at the discretion of Hallufix. Packaging and shipping costs shall be invoiced separately to the customer unless these costs are included in Hallufix's prices on the basis of an express agreement. Deliveries shall only be insured at the express request of the customer and at the customer's expense.
6.3 The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the point in time at which the goods leave the Hallufix distribution warehouse, in the case of dispatch at the point in time at which they are handed over to the forwarding agent, carrier or collector. If dispatch is delayed by the customer, the risk shall pass to the customer upon notification by Hallufix that the goods are ready for dispatch.
7. Retention of title
7.1 The delivered goods shall remain the property of Hallufix until payment has been made in full. In the case of a current account, the goods shall secure the respective balance claim of Hallufix.
7.2 Insofar as the realisable value of the security rights of Hallufix exceeds the amount of all secured claims by more than 10% on a sustained basis, Hallufix shall release a corresponding part of the security rights at its own discretion.
7.3 If the retention of title is not effective in the above form under the law of the country of destination, the customer shall cooperate in establishing a security interest for EADS in accordance with the provisions of its country.
8. Rights of the customer in the event of defects
8.1 If the goods prove to be defective, the customer may, at its discretion, demand the rectification of the defect or the delivery of a defect-free item as subsequent performance.
8.2 Hallufix may make subsequent performance dependent on the customer paying a portion of the contractually owed remuneration corresponding to the value of the defective goods. Hallufix may refuse the selected type of subsequent performance if it is associated with disproportionate costs.
8.3 If subsequent performance by Hallufix fails twice, Hallufix refuses both types of subsequent performance or Hallufix fails to provide subsequent performance within a reasonable period set by the customer, the customer shall have the right to reduce the purchase price or to withdraw from the contract. In addition, the customer may demand compensation for futile expenses or damages in lieu of performance. The customer's rights to withdraw from the contract and to claim damages instead of performance are excluded if the defect in the goods is only insignificant.
8.4 The customer shall not be entitled to any rights in respect of defects caused by normal wear and tear or treatment of the goods by the customer or third parties which does not comply with the specifications in the operating instructions or other written recommendations for use on the part of Hallufix (e.g. improper use, maintenance or storage) or which are merely of an optical nature.
8.5 The customer's claims shall expire two years after receipt of the delivery of goods.
8.6 If a wearing part (e.g. bandage, Velcro fastener. knob, fastening systems of any kind) has an average service life that is shorter than the limitation period according to this provision, the purchaser's defect rights shall be asserted within the average service life. In the case of wearing parts, subsequent performance shall be limited to the replacement of the wearing part. The statutory limitation period in the case of fraudulently concealed defects remains unaffected.
9 Liability
9.1 Hallufix shall be liable without limitation for intent and gross negligence, and in the event of injury to life, limb or health, also for any form of simple negligence.
9.2 In all other respects, Hallufix shall only be liable for simple negligence insofar as material contractual obligations (cardinal obligations) are breached, and limited to the foreseeable damage typical of the contract, but at most up to the equivalent value of the goods causing the damage. Cardinal obligations shall be understood to be those obligations which, according to the meaning and purpose of the contract, are to be granted to the contractual partner or the fulfilment of which enables the proper performance of the contract in the first place and on the observance of which the contractual partner may regularly rely.
9.3 Liability for indirect and unforeseeable damage as well as consequential damage, loss of profit, loss of savings and financial loss due to claims by third parties is excluded in the case of simple negligence - except in the case of injury to life, limb or health.
9.4 Any further liability than provided for in these General Terms and Conditions is excluded regardless of the legal nature of the asserted claim.
9.5 The limitations or exclusions of liability pursuant to Sections 9.2, 9.3 and 9.4 shall not apply to any strict liability prescribed by law, in particular under warranty or under the Product Liability Act.
9.6 Insofar as the liability of Hallufix is excluded or limited pursuant to Sections 9.2, 9.3 and 9.4, this shall also apply to the personal liability of its employees, workers, bodies, representatives and vicarious agents.
10. Industrial property rights, copyrights
10.1 Hallufix reserves all property rights, industrial property rights and copyrights of use without restriction to illustrations, drawings, technical specifications and other documents (hereinafter referred to as "Documents"). The Documents may only be made available to third parties with the prior written consent of Hallufix.
10.2 If a third party asserts justified claims against the customer on the grounds of infringements of industrial property rights by goods delivered by Hallufix and used in accordance with the contract, Hallufix shall, at its discretion and at its expense, either acquire a right of use for the goods in question, modify the goods in such a way that there is no longer any infringement of industrial property rights or replace the goods. Insofar as this is not possible or reasonable for Hallufix, the customer shall be entitled to the statutory rights of withdrawal or reduction. Claims for damages shall only exist in accordance with clause 8. All claims of the purchaser shall become time-barred within the period specified in clause 8.5.
10.3 The obligations of Hallufix pursuant to Clause 10.2 shall only apply insofar as the customer immediately notifies Hallufix in writing of the claims asserted by third parties, does not itself acknowledge the infringement and Hallufix reserves the right to all defensive measures and settlement negotiations. If the customer ceases to use the goods in order to mitigate damages or for other important reasons, it shall inform the third party that this does not constitute an acknowledgement of an infringement of property rights.
10.4 Claims on the part of the customer shall be excluded insofar as the customer itself is responsible for the infringement of industrial property rights or insofar as such infringement is caused by an application of the goods which was not foreseeable by Hallufix or by the goods being modified by the customer or being used together with products which were not supplied by Hallufix.
11 Applicable law, place of performance, place of jurisdiction, severability clause
11.1 Amendments and supplements to these GTC must be made in writing. This also applies to the amendment of this written form clause.
11.2 All legal relationships between Hallufix and the customer shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.3 The exclusive place of jurisdiction for all disputes arising from the business relationship shall be the registered office of Hallufix, insofar as this is legally permissible.
11.4 Should individual provisions of these General Terms and Conditions of Business or parts thereof be or become invalid in whole or in part, the validity of the remaining provisions of the General Terms and Conditions of Business shall not be affected thereby. The parties shall replace the invalid provision with a valid provision that comes as close as possible to the invalid provision from a factual, legal and economic point of view. The same shall apply if there is a loophole in the General Terms and Conditions.
