General Terms and Conditions Signifier Medical Technology GmbH

§ 1 Scope

The following general terms and conditions apply exclusively to the business relationship between you and Signifier Medical Technologies GmbH, Hauptstrasse 117, 10827 Berlin, Germany (SMT) in the version valid at the time of the order. Signifier Medical Technologies GmbH (hereinafter referred to as SMT) does not recognize deviating conditions unless SMT has expressly agreed to their validity in writing.

§ 2 Contractual partners

SMT is operated by Signifier Medical Technologies GmbH, Meeraner Straße 7, 12681 Berlin, Germany. If a contract is concluded (see §3), SMT is your contractual partner.

Signifier Medical Technologies GmbH,
Hauptstrasse 117
10827 Berlin
Germany
Phone: 0800 0010666
Email: [email protected]
Tax number: 257/137/40600

§ 3 Conclusion of contract

By placing your order, you are making a legally binding offer to conclude a contract with SMT. The purchase contract is concluded when SMT accepts your offer by shipping the goods. The automatically generated confirmation email after receipt of the order does not constitute a declaration of acceptance by SMT. This email only confirms that SMT has received your offer. The transmission of account details by email for the purpose of advance payment does not constitute a declaration of acceptance by SMT.

The contract text is saved. The specific order details of your order can be found in the confirmation of receipt that you receive from SMT by email. You can view or download SMT’s General Terms and Conditions on this page at any time. The contract can be concluded in German and English.

§ 4 Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must contact us

Signifier Medical Technologies GmbH,
Hauptstrasse 117
10827 Berlin
Germany
Email: [email protected]

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You will receive the goods immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract

Signifier Medical Technologies GmbH,
Hauptstrasse 117
10827 Berlin
Germany
Phone: 0800 0010666

to return or hand over. The deadline is met if you send the goods before the fourteen day period has expired. We bear the costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

End of revocation

§ 5 Sample cancellation form

If you want to cancel the contract, please fill out this form and send it back. At

Signifier Medical Technologies GmbH,
Hauptstrasse 117
10827 Berlin
Germany
Phone: 0800 0010666
Email: [email protected]

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for paper notification)

– Datum

(*) Delete what is not applicable.

§ 6 Non-existence of the right of withdrawal

The right of withdrawal does not exist:

if you are not a consumer within the meaning of § 13 BGB.
for goods that are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs.
for audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

§ 7 Delivery, subsequent delivery

Unless otherwise agreed, delivery will be made to the delivery address you provided.

In individual cases, SMT offers you that a product that is initially not available will be sent later if it is available (subsequent delivery). You do not pay any additional shipping costs or cash on delivery fees for subsequent delivery.

§ 8 Payment

At SMT you can pay throughout Germany via PayPal, credit card (Mastercard, Visa), instant bank transfer, cash on delivery, advance payment or invoice. Payment by invoice is not possible for first-time customers. SMT reserves the right to exclude the invoice payment method for existing customers or to reject it for individual orders. We ask our customers abroad to pay exclusively by credit card, PayPal or advance payment.

When paying in advance, you pay in advance directly to the Signifier Medical Technologies GmbH account. Please note that you may have to pay bank fees for advance payments (especially from abroad). The full invoice amount must be received by SMT.

If you choose cash on delivery, SMT can subsequently change the payment method to payment by invoice, which is more cost-effective for you.

§ 9 Supplementary General Terms and Conditions for installment purchase by easyCredit

1. Scope and general terms of use
The following additional general terms and conditions (hereinafter General Terms and Conditions) apply between you and the dealer for all contracts concluded with the dealer in which the installment purchase by easyCredit (hereinafter installment purchase) is used.

In the event of a conflict, the additional general terms and conditions take precedence over any other general terms and conditions of the dealer.

Installment purchase is only possible for customers who are consumers in accordance with Section 13 of the German Civil Code (BGB) and have reached the age of 18.

2. Installment purchase
For your purchase, the dealer, with the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter TeamBank AG), provides you with installment purchase as an additional payment option.

The dealer reserves the right to check your creditworthiness. For further details, please refer to the installment purchase data protection notice in the ordering process. If it is not possible to use installment purchase due to insufficient creditworthiness or the retailer’s sales limit being reached, the retailer reserves the right to offer you an alternative billing option.

The contract for an installment purchase is concluded between you and the dealer. With installment purchase, you decide to pay off the purchase price in monthly installments. Monthly installments must be paid over a fixed term, although the final installment may differ from the previous installment amounts. Ownership of the goods remains reserved until full payment has been made.

The claims arising from the use of installment purchase are assigned by the dealer to TeamBank AG as part of an ongoing factoring agreement. Payments can only be made to TeamBank AG with a debt-discharging effect.

3. Installment payment via SEPA direct debit
Through the SEPA direct debit mandate issued with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the ordering process at the credit institution specified there using a SEPA direct debit.

TeamBank AG will notify you of the collection by email no later than one calendar day before the SEPA direct debit is due (pre-notification). The move will take place at the earliest on the date specified in the advance notice. A later, more timely move-in can take place.

If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. through credits), the amount debited may differ from the amount stated in the pre-notification.

You must ensure that your checking account has sufficient funds at the due date. Your credit institution is not obliged to honor the direct debit if there are not sufficient funds in the checking account.

If a return debit occurs due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the expiration of the current account, you will be in default even without a separate reminder, unless the return direct debit results from a circumstance for which you are not responsible .

The fees charged by your TeamBank AG credit institution in the event of a return debit will be passed on to you and must be paid by you.

If you are in default, TeamBank AG is entitled to charge an appropriate reminder fee or default interest of five percentage points above the respective base interest rate of the European Central Bank for each reminder.

Due to the high costs associated with a return direct debit, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in coordination with the retailer by transferring the relevant amount back or by crediting it.

§ 10 Due date and default

The purchase price is due immediately upon conclusion of the contract. When paying by invoice, the invoice contains the due date. If you default on payment, SMT is entitled to charge default interest.

§ 11 Reminder fees

If you do not pay a purchase price claim due from SMT despite the first reminder, SMT is entitled to charge a reminder fee of EUR 5 for the second reminder.

§ 12 Offsetting, right of retention

You only have the right to offset if your counterclaims have been legally established or recognized by SMT. You are only authorized to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

§ 13 Retention of title

The goods remain the property of SIGNIFIER MEDICAL TECHNOLOGIES GMBH until full payment has been made.

§ 14 Warranty for defects and liability

The statutory warranty provisions apply. The warranty period is 1 year and begins when the goods are handed over. Your warranty claims are initially limited to subsequent performance (remedy of defects or replacement delivery).

Unless otherwise stated below, further claims – regardless of the legal reasons – are excluded. SMT is therefore not liable for damage that did not occur on the delivery item itself; In particular, SMT is not liable for lost profits or other financial losses. To the extent that SMT’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence or if there is injury to life, body or health. Furthermore, the limitation of liability does not apply if you assert claims under Sections 1 and 4 of the Product Liability Act. Furthermore, the limitation of liability does not apply in the event of a breach of an essential contractual obligation.