Terms and conditions

General Terms and Conditions of Business

General Terms and Conditions of gebdi DENTAL-PRODUCTS GmbH

Our sales and deliveries are exclusively subject to the following General Terms and Conditions. The purchaser agrees to the validity of these terms and conditions - also for any subsequent business - by placing the order, at the latest, however, with the receipt of our goods or other services.

§ 1 Content of the contract:

Orders can be placed in writing, by telephone, by fax, by e-mail and via the Internet. If the order is not explicitly confirmed by gebdi DENTAL-PRODUCTS GmbH, the shipment of the goods is considered as acceptance of the order. Verbal collateral agreements, the exclusion, changes or additions to these conditions require the explicit written confirmation of gebdi DENTAL-PRODUCTS GmbH to become effective. This also applies to the waiver of this written form requirement. The validity of deviating or supplementary terms and conditions of the buyer is hereby contradicted, even in the case that they are transmitted to us in a letter of confirmation or in any other way. The customer's terms and conditions of purchase are excluded. In case of counter-confirmation of the customer to his terms and conditions of purchase, this is considered as rejected. 

Offers of gebdi DENTAL-PRODUCTS GmbH, including the sales prices stated in the price list of gebdi DENTAL-PRODUCTS GmbH, are subject to change, unless expressly marked as binding. If an order is to be evaluated according to § 145 BGB, it can be confirmed by gebdi DENTAL-PRODUCTS GmbH within 8 weeks. The acceptance can take place alternatively by explicit order confirmation or implied by fulfillment. The conclusion of the contract is exclusively effected by our written or in text form order confirmation.

Due to legal restrictions not all offered products are available in all countries. In particular, the shipment of dangerous goods is subject to restrictions and is subject to additional charges. 

Unless we are advised in writing that the purchaser wishes to order only a particular version of a product, the version modified in the course of technical development will be delivered.

In the case of alloys, price adjustments may occur due to price increases of individual components, such as cobalt.

Our offers and price lists are always valid for 24 hours only.

Unless otherwise agreed in the written order confirmation, our prices are ex works excluding shipping charges and packaging. The statutory value added tax at the respective legal rate, which is shown separately in the invoices, shall be added to the prices.

Return of unsold items or stock clearances are not possible. Likewise, we exclude the reversal of our products outside the complaint process, the only exception is the tooth completions within Germany.

§ 2 Delivery:

gebdi DENTAL-PRODUCTS GmbH is entitled to customary partial deliveries and partial services. The shipping costs have to be paid by the customer, unless the assumption of the shipping costs by gebdi DENTAL-PRODUCTS GmbH was expressly agreed upon in writing beforehand. If a self-collection of the goods is not expressly desired by the customer before placing the order, the shipment with the Incoterm EXW will be commissioned at the expense of the customer by the service providers selected by gebdi DENTAL-PRODUCTS GmbH on behalf of the customer and will be charged on with the invoicing. If this is not desired, this must be explicitly and clearly communicated in writing when placing the order before our order confirmation. The mode of shipment is left to gebdi DENTAL-PRODUCTS GmbH. Place of performance for all deliveries is the factory of gebdi DENTAL-PRODUCTS GmbH in Engen im Hegau. The risk of accidental loss of the item is transferred to the customer upon handover to the carrier/forwarding agent. Costs for a transport insurance are not taken over by gebdi DENTAL-PRODUCTS GmbH in any case. The delivery is carried out to the curb, unless another delivery condition has been previously and expressly agreed upon by both parties in writing.

Delays for which the customer is responsible, such as delays in advance payment, granting of a release or provision of documents, extend the delivery and performance period accordingly. The customer cannot derive any claims for damages from this. In case of delays in delivery and performance due to force majeure, regardless of whether gebdi DENTAL-PRODUCTS GmbH or its suppliers or sub-suppliers are affected, such as war, natural disasters, operational disruptions, lawful strikes, lockouts or official orders, the delivery dates/periods are extended by the duration of the hindrance and a reasonable start-up time. The customer cannot derive any claims for damages from this. gebdi DENTAL-PRODUCTS GmbH will inform the customer about the occurrence of the mentioned circumstances.

Unless otherwise stated, we reserve a delivery time of 6-8 weeks for goods in stock. If the goods are not in stock, the delivery time may be extended accordingly. If nothing to the contrary is stipulated in the order confirmation, EXW shall apply in accordance with Incoterm 2020.

If the acceptance does not take place in time due to the fault of the customer, gebdi DENTAL-PRODUCTS GmbH can either set a grace period of 10 days or withdraw from the contract or claim damages.

Installation, connection and commissioning: The products are installed, connected and commissioned by our qualified personnel. These services as well as any legally required acceptance tests will be charged separately. Any necessary construction and installation work (in particular laying of the necessary pipes for water supply and drainage, air, electricity and gas) shall not be included in our services. After handover, our personnel shall instruct the customer or the persons designated by him in the proper handling of the products.

If we provide software with our products, the purchaser and the operator authorized by the purchaser shall be granted a non-exclusive and non-transferable right for an unlimited period of time to use this software on the products with which it was supplied, in unchanged form and for the purposes specified in the product description. If the software is installed on third-party systems, this work will be invoiced to the purchaser at the hourly rate of an IT / CAD CAM support technician (€125 per hour). No warranty is given that the systems are compatible. Software and the associated documentation may not be passed on to third parties - except to operators authorized by the purchaser. The purchaser may not copy, reverse engineer or reverse translate programs and may not extract program parts.

The usage fee for the software provided with our products is included in the purchase price, unless otherwise agreed. Extensions of the performance of products delivered to the purchaser by software shall be made against payment. If the customer himself or on his behalf third parties carry out service work on the products, the conclusion of a license agreement against payment is required beforehand due to our rights of use to the service software.

Goods on consignment: The customer takes over the consignment stock provided by gebdi DENTAL-PRODUCTS GmbH and commits himself to store and maintain it professionally. Particular attention is to be paid to a handling according to the principle "first in first out", so that only the latest batches are in stock. gebdi DENTAL-PRODUCTS GmbH does not transfer the ownership of the goods on commission to the customer. The goods on consignment have to be stored separately from other goods, so that the overview of the available stock can be guaranteed at any time. The customer is responsible for the care of the commissioned goods. If the goods on consignment are returned to gebdi DENTAL-PRODUCTS s.r.o. one day, the missing, incomplete and damaged goods on consignment will be charged at the current price. Likewise, commission goods whose batches are older than 18 months will be charged at the current daily price. It is not possible to increase the commission goods.

If further goods on consignment are required or an increase of the consignment stock is desired, these are considered as a repeat order and must be paid for at the current daily price. The commission stock should turn over at least twice a year. Regular maintenance and completion of the commission warehouse is the responsibility of the customer and their sales representatives. Irregularities concerning the stock turnover or improper handling of the goods on consignment or delay of payment will lead to immediate withdrawal of the goods on consignment by gebdi DENTAL-PRODUCTS Ltd. The return of the goods on consignment is at the expense of the customer. The customer can purchase the commission stock at any time. In case of bankruptcy of the customer, he has to notify gebdi DENTAL-PRODUCTS GmbH immediately for the collection of the commission goods under the privilege of the reservation of proprietary rights. The collection costs will be borne by the customer. The customer is obligated to insure the goods on consignment sufficiently against fire, water and theft as well as other damages. He is liable for the risk of destruction, loss, theft, destruction or damage of the commissioned goods regardless of fault. He is obliged to inform gebdi DENTAL-PRODUCTS GmbH immediately in case of damage.

Spare parts: Return and exchange are not possible for ordered spare parts. All published documents, drawings, lists or similar do not represent repair aids. The repair of devices (especially electronic devices) may only be carried out by a trained specialist certified by gebdi DENTAL-PRODUCTS GmbH. Any liability is excluded in case of defective repair.

Disposal of old devices: All devices marked with a crossed-out waste garbage can must not be disposed of with household waste. If a device purchased from gebdi DENTAL-PRODUCTS GmbH is to be disposed of permanently, the customer can contact the Service Center at +49 7733 9410-0. The postage costs of the return shipment shall be borne by the customer. The customer will not incur any further disposal costs.

Tools and models: If tools and models are developed by us for the execution of a customer order or are assigned for development, these shall remain our property even after execution of the order. This shall also apply if the customer contributes to the development costs in whole or in part.

It is the customer's responsibility to maintain the products supplied by us and to protect them from intolerable environmental influences, e.g. chemical reactions. Normal wear and tear excludes a breach of duty by us. The customer is obliged to comply with our product instructions and safety data sheets. These can be requested in writing or downloaded from the website at any time.

§ 3 Payment:

The invoice is issued on the day of delivery or provision of the goods.

Our invoices are due immediately, unless otherwise agreed. Payment is considered made upon receipt in one of our accounts. Alternatively, the customer can give us a SEPA direct debit mandate. The period of notice (pre-notification) will be reduced to 1 day. The customer must ensure that the account is covered. Costs incurred due to non-payment or reversal of the direct debit shall be borne by the customer if the customer is responsible for the non-payment or reversal of the direct debit. Credit notes are automatically offset for customers with direct debit. In all cases, the credit amounts are credited to the customer's account and can then be offset. The customer may only offset such claims that are undisputed or legally binding. If the customer is in default with the fulfillment of an obligation incumbent upon him (e.g. timely fulfillment of the customer's prerequisites, acceptance of the delivery), the purchase price not yet due at that time shall become due for payment no later than 30 days after our notification of readiness for shipment.

§ 4 Default of payment:

In the event of default of payment of one invoice amount, all other invoice amounts shall become due immediately. Interest shall be charged at the usual bank rates, reminder fees at cost. Before complete payment of due invoice amounts including interest on arrears and, if applicable, compensation for further damage caused by delay, gebdi DENTAL-PRODUCTS GmbH will not make any further deliveries or may demand payment in advance.

§ 5 Notice of defects:

Return of goods by customers require the prior consent of gebdi DENTAL-PRODUCTS GmbH, unless the customer is entitled to a warranty right. Medical products, articles which are no longer included in the product range and articles with a stated minimum durability are excluded from return. For goods that are not listed in the price list or that were manufactured, modified or procured according to the customer's specifications, a return of goods is only possible in case of justified material defects. The return costs shall be borne by the customer in any case. Claims for defects are subject to a limitation period of 12 months. We assume no liability for frost damage.

§ 6 Warranty/Liability: 

The acceptance of damaged packages and pallets must be reported and noted at the time of acceptance and reported on the same day! Material defects are to be reported in writing without delay, in accordance with the provisions of § 377 HGB (German Commercial Code), no later than 7 days after delivery. A violation of the above obligation excludes any warranty claims against gebdi DENTAL-PRODUCTS GmbH. In case of justified, duly notified defects gebdi DENTAL-PRODUCTS GmbH is only obligated to perform subsequent improvement or subsequent delivery at its discretion. The place of supplementary performance is the place of performance according to §2 of the GTC. It is considered to have failed after three unsuccessful attempts at the earliest. Complaints do not release from the obligation to pay. gebdi DENTAL-PRODUCTS GmbH does not assume any liability for the use of the products of gebdi DENTAL-PRODUCTS GmbH not according to the intended purpose. In countries, into which due to special legal product-related requirements, which especially concern the product as such, its packaging and labelling, the products manufactured by gebdi DENTAL-PRODUCTS GmbH may not be imported as they are manufactured and marketed by gebdi DENTAL-PRODUCTS GmbH in the European Union, the resale is generally prohibited. If special non-product-related sales regulations (advertising regulations, prescription obligation, etc.) or deviating technical requirements or binding standards exist in the other countries outside the European Union, these must be observed by the customer. If the customer culpably disregards these requirements, he indemnifies gebdi DENTAL-PRODUCTS GmbH in the internal relationship from claims of third parties, which are caused by disregard of the legal product- and sales-related requirements in other countries. In case of personal injury or damage to property as well as in case of incidents, which could have led to personal injury or damage to property, the customer is obliged to inform gebdi DENTAL-PRODUCTS GmbH immediately and to forward the defective product to gebdi DENTAL-PRODUCTS GmbH as soon as possible. In countries outside the European Union, the customer informs gebdi DENTAL-PRODUCTS GmbH immediately about problems arising from import or use of gebdi DENTAL-PRODUCTS GmbH products due to directives, laws or standards. If this does not happen, gebdi DENTAL-PRODUCTS GmbH does not assume any liability for resulting damages. gebdi DENTAL-PRODUCTS GmbH is only liable for intent and gross negligence as well as in case of violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer may regularly rely ("cardinal obligation"). The liability is limited to the contract-typical and foreseeable damage. Liability for indirect or unforeseeable damage, in particular for loss of production and use, loss of profit, loss of savings and financial loss due to claims by third parties, shall be excluded in the case of simple negligence, except in the case of injury to life, limb or health. Any further liability than the one listed in these General Terms and Conditions is excluded, regardless of the legal nature of the asserted claim. However, the aforementioned limitations or exclusions of liability shall not apply to liability without fault that is mandatory by law, such as under the Product Liability Act, or liability under a corresponding guarantee, or if the defect was fraudulently concealed. The aforementioned exclusion or limitation of liability also applies to the personal liability of employees, representatives, organs as well as vicarious agents of gebdi DENTAL-PRODUCTS GmbH. The scope of a granted warranty is described in each instruction manual and starts with the day of purchase from the depot/dealer. Regarding the downloads offered on the homepage gebdi DENTAL-PRODUCTS GmbH is liable for intent and gross negligence. For simple negligence gebdi DENTAL-PRODUCTS GmbH is liable, except in case of injury of life, body or health, only if cardinal obligations, i.e. essential contractual obligations, are violated. Liability is limited to the foreseeable damage typical for this type of contract, up to a maximum of € 5,000. Liability for indirect or unforeseeable damage, in particular for loss of production and use, 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. Any further liability than the one listed in these General Terms and Conditions is excluded, regardless of the legal nature of the asserted claim. However, the aforementioned limitations or exclusions of liability shall not apply to any strict liability prescribed by law, such as under the Product Liability Act, or to liability arising from a corresponding guarantee. The aforementioned exclusion or limitation of liability also applies to the personal liability of the employees, representatives, organs and vicarious agents of gebdi DENTAL-PRODUCTS GmbH. Any claims for damages by us are limited to such damages, which are foreseeable for us at the time of the conclusion of the contract from the use of the product delivered by us. In the case of cross-border deliveries to foreign customers, we do not assume any responsibility for checking our products for compliance with special regulations of the national law at the customer's place of business.

Handpieces and tips are not included in the WARRANTY scope.

Within the scope of the warranty, Yeti Dentalprodukte GmbH provides replacement of the unprocessed material free of charge. Condition for this is the return of the defective parts for the purpose of an analysis. Any further compensation is excluded. The warranty refers exclusively to the product and not to damages or consequential damages, which are connected with it.

§ 7 Retention of title:

The delivered goods (reserved goods) remain property of gebdi DENTAL-PRODUCTS GmbH until full payment.

The customer is entitled to resell or otherwise dispose of the goods, as long as this is done in the course of normal business relations and as long as the customer is not in default with his due obligations towards gebdi DENTAL-PRODUCTS GmbH. If goods subject to retention of title are processed, gebdi DENTAL-PRODUCTS GmbH is entitled to a right of co-ownership of the new goods in proportion of the value of the goods to the value of the other processed objects, but at least in the amount of the claim. All claims arising from the resale, including all ancillary rights and possible securities, are assigned by the customer to gebdi DENTAL-PRODUCTS GmbH.

The pledging or security transfer of goods subject to retention of title to third parties is excluded. In case of seizure the customer has to point out explicitly the reservation of title and has to inform gebdi DENTAL-PRODUCTS GmbH immediately. In case of non-payment of the agreed payments gebdi DENTAL-PRODUCTS GmbH is entitled to demand the surrender of the goods subject to retention of title without prior setting of a time limit.

Within the scope of the warranty, gebdi DENTAL - PRODUCTS GmbH will provide a replacement for the unprocessed material free of charge. Condition for this is the return of the defective parts for the purpose of an analysis. Any further compensation is excluded. The warranty refers exclusively to the product and not to damages or consequential damages, which are connected with it.

§ 8 Place of performance and jurisdiction:

Place of jurisdiction for any disputes between gebdi DENTAL-PRODUCTS GmbH and our customer, is agreed upon exclusively at the choice of us at the local court Singen or regional court Konstanz.

§ 9 Data protection:

We are entitled to store and process customer data, which we have received from the business relationship, as far as the customer can dispose of them. The customer shall indemnify us against all claims of third parties with regard to the data provided. Insofar as data is transferred to us - regardless of the form in which it is transferred - the customer shall make appropriate backup copies. Our server is backed up regularly. In the event of a loss of data, the customer shall be obligated to transmit the relevant data files to us again free of charge. The customer is aware that it is possible for all participants in the transmission path to view transmitted data; the customer accepts this risk.

§ 10 Foreign business:

The following additional provisions shall apply to foreign transactions: All transactions are subject to German civil and commercial law. The regulations of the international private law are expressly excluded. For foreign deliveries gebdi DENTAL-PRODUCTS GmbH charges prepayment. Payment can be made by bank transfer. Orders under EUR 150,00 net value of goods cause additional handling costs of EUR 15,00. If direct delivery to laboratory customers is desired by the depot, we charge our additional effort with EUR 15,00. Freight costs as well as packaging costs are charged in any case at cost price. Any customs duties and bank charges incurred shall be borne by the customer.

§ 11 Supplementary agreements for medical devices:

Supplementary agreements for medical devices according to Directive 93/42 EEC / or Regulation (EU) 2017/745 The following points name and regulate the measures provided between the contracting parties according to Directive 93/42 EEC or Regulation (EU) 2017/745 and their national implementation in Germany. gebdi DENTAL-PRODUCTS GmbH maintains a QM system according to EN ISO 13485 and fulfills the regulatory and legal European requirements for medical devices. The products supplied by gebdi DENTAL-PRODUCTS GmbH are designed and manufactured in accordance with Directive 93/42 EEC and Regulation (EU) 2017/745. According to the transitional provisions in Article 120 of Regulation (EU) 2017/745, products designed according to Directive 93/42 EEC can still be placed on the market. The customer and gebdi DENTAL-PRODUCTS GmbH undertake to ensure the following points mentioned below. In addition, the requirements from Article 14 of Regulation (EU) 2017/745 "General obligations of distributors" also apply. (a) Labeling: gebdi DENTAL-PRODUCTS GmbH ensures the identification, traceability and indication of supplementary product features of medical devices via article labels or the UDI labeling on the product. The customer must maintain the batch identification/serial number marking and ensure the traceability of each individual product through the downstream supply chain on the basis of the delivery documents, to the end customer. Legal and regulatory retention periods of 10 years must be ensured. Training: The customer shall ensure appropriate training of its employees responsible for the distribution of the contractual product (e.g. medical device advisor training). (b) Complaint handling/reporting: The customer is obligated to report any complaint within 96 hours as well as incidents or occurrences that could have led to personal injury or property damage to gebdi DENTAL-PRODUCTS GmbH within 24 hours. The defective medical device must be forwarded to gebdi DENTAL-PRODUCTS GmbH within 24 hours. In case of reportable incidents and occurrences gebdi DENTAL-PRODUCTS GmbH and the customer will inform each other immediately and obtain and exchange all available information required for processing, further reporting and conclusion of the procedures. The customer undertakes to grant access to corresponding end customer data in case of requirements of the Notified Bodies or authorities. The customer commits himself to cooperate with gebdi DENTAL-PRODUCTS GmbH in case of incidents, recalls, notification obligations also beyond the end of this contract. Recall actions must always be coordinated with gebdi DENTAL-PRODUCTS GmbH before they are initiated (c) Registrations of medical devices outside the EU: gebdi DENTAL-PRODUCTS GmbH fulfills the requirements for medical devices which are valid in the EU. National laws outside the EU are considered within the registration process. gebdi DENTAL-PRODUCTS GmbH is responsible for the registration of the products as manufacturer in the sense of the directive 93/42 EWG or the regulation (EU) 2017/745 and this may also only be arranged by gebdi DENTAL-PRODUCTS GmbH. If the customer intends to offer products in countries where gebdi DENTAL-PRODUCTS GmbH does not yet have a registration for the product (outside the EU), gebdi DENTAL-PRODUCTS GmbH and the customer will jointly decide on an approval, whereby in case of a disagreement the vote of gebdi DENTAL-PRODUCTS GmbH will prevail. In these cases it has to be defined between gebdi DENTAL-PRODUCTS GmbH and the customer who will act as distributor (depending on country-specific circumstances and registration procedure). The implementation of the resulting national requirements must be coordinated individually and approved by gebdi DENTAL-PRODUCTS GmbH. (d) Resale outside the EU: In countries, into which due to special legal product-related requirements, which concern in particular the product as such, its packaging and labelling, the products manufactured by gebdi DENTAL-PRODUCTS GmbH, in particular medical products, may not be imported in such a way, as they are manufactured and brought on the market by gebdi DENTAL-PRODUCTS GmbH in the European Union, the resale is in principle forbidden. Misprints and errors excepted.

The medical products are only approved for dental professionals and therefore do not require any additional instructions. All documents such as safety data sheets, operating and processing instructions and miscellaneous can be found on our website with the respective article or in the download area. A service fee of 62,50 € is charged for expanding and dissolving a commission warehouse.

§ 12 Cancellation policy:

If the purchaser is a consumer, he has a right of revocation according to the following provisions:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs), to revoke without giving reasons.

To exercise your right of withdrawal, you must contact us:

gebdi DENTAL-PRODUCTS GmbH

Industriestrasse 3a

78234 Engen

Phone: +49 7733 / 94 10 - 16

E-mail: info@gebdi-dental.com

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the goods via our online return center within the period defined below.

For additional information regarding the scope, content and explanations of the exercise, please contact our customer service.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract to

gebdi DENTAL-PRODUCTS GmbH

Industriestrasse 3 a

78234 Engen

Phone: +49 7733 / 94 10 - 16

e-mail: info@gebdi-dental.com

to return or hand over the goods. The deadline is met if you send the goods before the deadline of 14 days. You shall bear the direct costs of returning the goods.

Exceptions to the right of withdrawal

You only have to pay for a possible loss of value of the goods if this loss of value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.

The right of withdrawal does not exist or expires for the following contracts:

- for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;

- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;

- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs

- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;

- for services, if gebdi DENTAL-PRODUCTS GmbH has provided them completely and you have noted and expressly agreed before ordering that we can start providing the service and you lose your right of withdrawal upon complete fulfillment of the contract;

- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; and

- for the delivery of alcoholic beverages, the price of which was agreed upon at the conclusion of the purchase contract, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;

The right of withdrawal expires prematurely in the case of contracts

- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;

- for the delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after delivery.

§ 13 Effectiveness of the provisions:

If individual provisions are or become invalid, or if the terms and conditions contain a loophole, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provisions, a valid provision shall be deemed to have been agreed which most closely approximates the intended provision in economic terms; the same shall apply in the event of a gap.