The terms and conditions were last updated on May 7, 2021
CONDITIONS FOR BUSINESSES
General terms & conditions for businesses.
§1 Scope and Provider
1.1 Different terms and conditions apply to consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be assigned to their commercial nor their independent professional activity. Entrepreneurs are natural or legal persons or a legal partnership who, when concluding a legal transaction, act in their commercial or independent professional activity.
1.2 Our general terms and conditions for consumers apply to all orders placed by consumers (hereinafter also referred to as customers) in our online shop. You can find the general terms and conditions for consumers here: https://ameyamed.com/en/terms-conditions-for-consumers/
1.3 Our following general terms and conditions for entrepreneurs apply to all orders by entrepreneurs (hereinafter also referred to as businesses).
Ameyamed is a trademark of Ameya GmbH.
Gregor Mendel Street 46, A-1190 Vienna, Austria
Phone: +43 1 523 3000
Fax: +43 1 523 3000 33
Legal domicile: Vienna
Sales tax identification no.: ATU 63103714
Company register no.: 285467f
Managing Director: Andreas Spitzer
§ 2 Presented products & services
2.1 The range of goods presented in our online shop is non-binding and merely represents a non-binding invitation to entrepreneurs / businesses to order goods in our online shop. We reserve the right to make technical and other changes within reason. Entrepreneurs are natural or legal persons or a legal partnership who, when concluding a legal transaction, act in their commercial or independent professional activity.
2.2 Articles can be selected from this range of goods, placed in a shopping cart and ordered via our online shop. However, you are still welcome to inquire and order in writing.
2.3 Nothing on this website represents a promise of salvation, health or medical advice, or a recommendation of any kind. If you need professional advice, we recommend that you consult your doctor or pharmacist.
2.4 Deliveries, services and offers shall be made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall also apply to all future business relations, even if they are not expressly agreed upon repeatedly.
2.5 Should entrepreneurs use conflicting or supplementary General Terms and Conditions, their validity is hereby objected to. These can only be accepted as part of the contract if we have expressly agreed to them in writing.
§ 3 Contract language
3.1 The language available for the conclusion of the contract is exclusively German.
3.2 Possible shown translations of the contract conditions or the general terms and conditions represent an illustration but not a legally valid legal translation.
§ 4 Conclusion of contract
4.1 The presentation of the goods in our online store is subject to change and does not represent a binding application for the conclusion of a purchase contract. It merely represents a non-binding invitation to the entrepreneur to order goods in our online store. We reserve the right to make technical and other changes within the scope of what is reasonable. Articles can be selected from this range of goods, placed in a shopping cart and ordered via our online store. Before sending or paying for the order, the entrepreneur is given the opportunity to check all details (e.g. item description, item quantity, name, address, payment method) again and change them if necessary.
4.2 Only by clicking on the field “Place order” or “PayPal” in case Pay Pal is selected as payment gateway, the entrepreneur makes a binding offer to Ameya GmbH and agrees to these General Terms and Conditions to conclude a purchase contract.
4.3 After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (order confirmation). This order confirmation does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the order confirmation.
4.4 A contract of sale for the goods shall not be concluded until we have expressly agreed to accept the purchase offer or have dispatched the goods to you without prior express declaration of acceptance.
§ 5 Prices
5.1 The prices stated on the product pages are net prices. In addition to the stated product prices, the respective statutory value-added tax and respective shipping or carriage, forwarding and delivery costs may be incurred.
5.2 For entrepreneurs with a valid VAT ID number, we can offer FFP2 masks, corona tests and shipping VAT free for intra-community purchase inside the EU. Please enter your VAT number in the order data.
§ 6 Due date, terms of payment
6.1 The entrepreneur undertakes to pay the purchase price in full by means of advance payment or bank transfer, credit card transaction, Sofortkasse, EPS, Apple Pay, Amazon Pay or PayPal already upon submission of the order.
6.2 The selection of the available payment methods takes place at our own discretion. We reserve the right to offer you for payment only those selected payment methods that we consider appropriate.
6.3 After successful payment and receipt of the full purchase amount on our account, we will create your corresponding invoice, which will be sent to you electronically by email – and then process your order for the following delivery.
6.4 Prepayment / bank transfer
6.4.1 In the case of classic prepayment bank transfer via your banking company, please note that transfers can take up to approx. 4 days. Your order will only be processed once payment has been received in full. The full invoice amount is to be transferred to our specified bank account within 10 days of receipt of the order confirmation, stating the order number as the purpose or payment reference.
6.4.2 Important! Please also ensure that you check every single digit (preferably several times) and give us the exact order number under reference to payment or intended use – otherwise we cannot assign your order – and this would further delay the processing of your order!
6.4.3 Our bank details and your order number will be given to you in the order confirmation sent by email. Please transfer the payment to the following bank account, stating the payment reference or the purpose of payment:
Recipient: Ameya GmbH
Bank: Sparkasse Niederösterreich Mitte West AG
6.5 Payment by credit card
6.5.1 When you place your order, you provide your credit card details. You can pay with us online with the following credit cards:
When paying by credit card: After completing the payment of your order with your credit card details and your legitimation as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged immediately. The online payments are processed by our payment partner “Stripe” in accordance with current security standards.
Note: “Verified by VISA” and “Master Card Secure Code” or “3D Secure” make payment by credit card particularly secure thanks to special authorization procedures. In order to successfully complete the order with Secure Code, please follow the instructions provided. Whether or not Secure Code is activated depends on your credit card company.
6.5.2 Information on Stripe: When paying by credit card, we use Stripe, an offer from American Stripe Inc. (hereinafter “Stripe”) to process payments (legal basis according to GDPR, if and to the extent applicable: Art. 6 Para. 1 lit. b u. f GDPR). Stripe is certified according to both the EU-American and the Swiss-American Privacy Shield and thus guarantees adequate data protection. In particular, Stripe has published the following information on the type, scope and purpose of data processing: https://stripe.com/privacy-center/legal
6.5.3 We do not store your detailed credit card information and are only not directly visible to us via encrypted gateways and sent to the respective provider. Any fees arising from payment by bank card (exchange rate-related bank fees, bank commission for payment operations that are not carried out in the country in which the bank card was issued, other bank commissions, etc.) are borne by the entrepreneur. These fees correspond to the possible fees charged exclusively by the entrepreneur’s banking institution based on the use of their bank card.
6.5.4 In the event of a rejection of the credit card charge, the entrepreneur undertakes to pay the price plus any costs incurred within 10 days of receipt of the service. These costs include B. the costs that arise due to the cancellation of the credit card charge.
6.6 Payment with PayPal
This implies, inter alia. requires that the entrepreneur opens a PayPal account or already has such an account.
6.6.3 In order to be able to pay the invoice amount, you do not have to be registered with PayPal . Depending on the selected payment method, you can also pay for your order on the PayPal website with restrictions as a guest via credit card or direct debit.
6.6.4 The payment transaction will be carried out by your credit card company upon PayPal’s request and your card will be charged immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder.
6.7 EPS Transaction
6.7.1 The online payment method eps transfer enables simple, secure and fast payment processing in our shop. You can select eps as the payment method in the “Checkout” order step. To complete your order, you will be redirected to your bank’s website, where you can enter your e-banking access data. You then approve your order with a TAN (transaction number) or TAC-sms (transaction code via sms).
6.8.1 When paying by Sofortüberweisung, you can trigger payment for the ordered goods via your online banking account while you are placing your order.
6.8.2 When you select the Sofortüberweisung payment method in the ordering process, you will be directed to the secure payment form of SOFORT GmbH based in Munich (Munich District Court, HRB 218675). SOFORT GmbH is part of the Klarna Group and takes over your payment process automatically without the Ameya GmbH being able to inspect it, which is comparable to an EC card payment with a PIN. As with an EC card payment, SOFORT GmbH checks the credit limit of your account in the case of an immediate transfer and, if there is sufficient funds in your account, makes a transfer to Ameya GmbH.
6.8.3 In around 30 percent of cases, the SOFORT GmbH system checks whether previous payments have been booked with Sofortüberweisung in order to rule out systematic fraud. In order to carry out an immediate transfer, SOFORT GmbH needs your name, bank code and account number, the PIN and a TAN of your online banking account. Only your name, bank code, account number, purpose, amount and date of the transfer are saved, not the credit limit or account balance of your account or past transactions. In the event of a successful transaction, Ameya GmbH only receives a real-time, automated confirmation from SOFORT GmbH that the transfer has been carried out.
6.9 Amazon Payments
6.9.1 When paying via Amazon Payments, a payment order is sent to the payment service provider Amazon Payments. The invoice amount will be debited from your Amazon Payments account and your account will be debited immediately after completing the order in our online shop. You’ll get more information during the ordering process.
6.10 Apple Pay
6.10.1 When paying with Apple Pay, we use an offer from American Stripe Inc. (hereinafter referred to as “Stripe”) to process payments (legal basis according to GDPR, if and to the extent applicable: Art. 6 Para. 1 lit. ). Stripe is certified according to both the EU-American and the Swiss-American Privacy Shield and thus guarantees adequate data protection. In particular, Stripe has published the following information on the type, scope and purpose of data processing: https://stripe.com/privacy-center/legal
6.10.2 You can find out more about Apple Pay here: https://support.apple.com/en-us/HT201469
§ 7 Offsetting, right of retention
7.1 The right of set-off by the entrepreneur shall only apply if the entrepreneurs counterclaims have been determined by a court of law or have been recognized by Ameya GmbH expressly and in writing and have not been disputed or denied by us, or are in a close synallagmatic relationship to our claim.
7.2 You may only exercise a right of retention in the event that your counterclaim is based on the same contractual relationship.
§ 8 Terms of delivery
8.1 Unless otherwise agreed, the goods shall be delivered from our warehouse or one of our authorized warehouses to the entrepreneur’s specified delivery address.
8.2 Ameya GmbH reserves the right to deliver orders placed by the entrepreneur in parts to a reasonable extent (partial delivery).
8.3 If Ameya GmbH becomes aware during the processing of an order that the products ordered by the entrepreneur are not available, the entrepreneur shall be notified of this circumstance in writing by email.
8.4 If Ameya GmbH is not able to deliver the ordered goods through no fault of its own, e.g. because the supplier does not fulfill its contractual obligations or external indispensable influences delay a timely delivery or make it impossible, Ameya GmbH shall be entitled to withdraw from the contract vis-à-vis the entrepreneur. In this case, the entrepreneur will be informed immediately that the ordered product is no longer available and, as a consequence, any payments already made to Ameya GmbH will be refunded without delay.
§ 9 Retention of Title
9.1 Ameya GmbH shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permitted.
9.2 You shall be permitted to resell the goods in the ordinary course of business. In this case, you assign to us in advance all claims in the amount of the invoice which accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
§ 10 Warranty
10.1 The warranty period shall be a maximum of one year from the date of delivery of the goods and shall expire in accordance with the statutory provisions.
10.2 In the event of a material defect in the delivered goods, your warranty claims shall generally be governed by the statutory provisions. This means that the entrepreneur may first and foremost demand subsequent performance, i.e. at his option subsequent delivery or rectification of the defect. If further legal requirements are met, the entrepreneur is entitled to reduce the purchase price or to withdraw from the contract. For claims for damages due to a defect in the goods – in addition to or in deviation from the statutory requirements – the provisions set out in § 12 of the General Terms and Conditions shall apply.
10.3 This limitation shall not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
10.4 Material defects shall not include: wear and tear due to use or other natural wear and tear; the condition of the goods or damage arising after the transfer of risk as a result of improper handling, storage or installation, non-compliance with treatment instructions, excessive stress or use or lack of maintenance or care; the condition of the goods or damage arising as a result of force majeure, external influences not assumed under the contract or as a result of the use of the goods outside the use assumed or customary under the contract.
§ 11 Transport Damage, Complaints
11.1 In order to avoid later inconveniences, we ask our business-clients to open the delivered goods immediately upon receipt and to check them for completeness and for any damage, and to complain about any transport damage immediately to the delivery person directly – and ask you to inform us immediately of these via our contact address listed under § 1 of these GTC.
11.2 The risk of accidental loss and accidental deterioration shall pass to the entrepreneur as soon as the goods have been delivered to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if a defect was fraudulently concealed.
§ 12 Liability
12.1 In the event of slight negligence, Ameya GmbH shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you may regularly rely. In case of slight negligence, the liability shall be limited to the foreseeable damage which Ameya GmbH typically had to expect according to the circumstances known at the time of the conclusion of the contract.
12.2 Any further liability for damages of any kind, irrespective of the basis of the claim, including liability for culpa in contrahendo, shall be excluded.
12.3 The above exclusions and limitations of liability shall also apply to the benefit of our employees, vicarious agents and other third parties involved by Ameya GmbH in the performance of the contract.
12.4 The above exclusions and limitations of liability shall not apply in the event that a guarantee has been given by Ameya GmbH, nor in the event of damage resulting from injury to life, body or health or in the event of claims under the Product Liability Act.
§13 Compliance with export regulations and local legal provisions
13.1 You undertake to check and comply with our Austrian export regulations as well as your local legal and safety regulations and regulations with regard to the purchase, resale, installation and use of our products and services. In the event of a violation, we reserve the right to withdraw from the purchase.
§14 Update of these general terms and conditions
14.1 We may update these terms and conditions from time to time. You agree to review these terms and conditions for changes or updates. The date given at the beginning of these Terms and Conditions is the last revision date. Changes to these terms and conditions will take effect as soon as such changes are published on this website.
§ 15 Final Provisions
15.1 For these terms and conditions and the entire legal relationship, the contracting parties agree, insofar as there are no mandatory legal provisions to the contrary, that Austrian law is exclusively applicable to them. Provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) or the UN Convention on Contracts for the International Sale of Goods as well as all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
15.2 For entrepreneurs, merchants, legal entities under public law or special funds under public law, our place of business in Vienna shall be the agreed place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
15.3 Severability clause: Should individual provisions of our General Terms and Conditions be invalid, unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining General Terms and Conditions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by such valid and enforceable provisions whose effects come closest to the economic objective which the contracting parties intended with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the General Terms and Conditions should prove to be incomplete.
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