General Terms and Conditions
ZV3 - Zircon Vision GmbH
(1) These general terms and conditions apply to all business relations between ZV3 - Zircon Vision GmbH (hereinafter called ZV3) and its customers as each time amended at the time the contract is concluded.
(2) Our general terms and conditions apply exclusively. Any terms the customer may have which are in conflict with or differ from the terms and conditions of ZV3 shall not be recognised, unless ZV3 has agreed to this explicitly in the individual case.
1) Any order for goods is subject to prior registration as a customer to ZV3. Multiple registrations under different names or addresses is not allowed. Upon successful completion of the registration procedure and a subsequent positive credit check the customer of ZV3 is admitted to the login area.
(2) The authorization may be revoked by ZV3 any time and without giving reasons. In this case, ZV3 is entitled to disable immediately the user name and password.
§3 Conclusion of contract
(1) The sale of goods occurs only in standard amounts used in practices.
(2) The customer by sending an order via the website at ZV3, he makes an offer within the meaning of §145 BGB. The customer will receive a confirmation by e-mail that the order is received. This confirmation email does not constitute an acceptance of the offer by ZV3. In case of possible errors in the ordering system on the website, ZV3 will notify the customer separately if necessary and will submit a counter offer.
(3) The contract with ZV3 comes when ZV3 accepts this offer. Acceptance is subject to the possibility of production of goods or services ordered. The declaration of acceptance by ZV3 to the customer is not required, but can take place, if requested by the customer, by delivering a preliminary invoice via e-mail and the subsequent delivery of the goods with original invoice and delivery note; the customer waives this within the meaning of § 151 S. 1 BGB. If ZV3 can not accept the offer of the customer, this will be communicated to the customer in electronic form.
(4) For orders up to a value of EURO 3,000.- plus the legally applicable VAT, ZV3 reserves the right to require payment in advance in the amount of the order. Advance payments may also be required, if the customer has outstanding bills against ZV3 from previous orders. The order will be processed after payment.
§4 Delivery and Shipping charges
(1) ZV3 will deliver promptly the goods ordered to the address specified by the customer in the order. ZV3 is entitled to partial deliveries.
(2) Delivery is made at the mailing expenses indicated in the individual case. All risks and dangers of the shipment have to be taken by the customer -when the ordered goods are released by ZV3 for delivery (handover to the logistics partner)- (for the time being at the logistics partner and upon receipt/transmission to the purchaser).
(3) Information on the estimated delivery time is not binding, should ZV3 the customer does not have a binding commitment in writing in individual cases.
§5 Title retention
Until full settlement of all claims against the customer delivered goods remain the property of ZV3.
§6 Due date and payment
(1) ZV3 accepts only payment methods indicated to the customer as part of the ordering process.
(2) The purchase price and any applicable order fees and/or shipping costs will be due signing a contract.
(3) If the customer is in default, ZV3 is entitled to charge interest at the rate of 8% above the base interest rate. The right of ZV3 to claim higher damages remains unaffected.
(4) The customer is entitled to compensation only to the extent his legally determined counter-claims are undisputed or recognized by ZV3.
(1) The customer is entitled to revoke his declaration of intention with regard to the conclusion of the contract without giving reasons within 14 days after receipt of the goods by registered letter or by returning the products to ZV3. The period begins upon receipt of this instruction, however not before receiving the goods. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation deadline. The revocation must be sent in writing by post or e-mail to the address as listed below under §9. The return address for goods can be found on the delivery note. The customer bears the burden of proof for the dispatch of the goods to be returned.
(2) In the event of an effective revocation, the customer agrees to return the goods received unopened and undamaged in its original condition. If the customer cannot return the goods received in whole or in part, or only in deteriorated condition, the customer must compensate ZV3 for the reduction in value in the event of his revocation. If the customer has already paid the purchase price, ZV3 is entitled to deduct the reduction in value of the redemption amount. In individual cases, the reduction in value may correspond to the purchase price paid.
(3) The costs of returning goods is borne by the customer unless the goods or services do not correspond to the ordered goods.
(4) In return ZV3 shall refund in the event of an effective revocation, a possibly already paid purchase price back to the customer. Return shipping charges, if any, shall be deducted by ZV3 according to Section 2 HS 1. For payments abroad, the transfer fee will be deducted as well. Until the complete return of the goods ZV3 exercises its right of retention.
(5) The right of withdrawal is excluded in the case of contracts
- a) for the delivery of newspapers, periodicals and magazines
- b) for the delivery of video recordings or software if the delivered data carriers have been unsealed by the customer
- c) for the delivery of goods that have been made ?in accordance ?to the specification of the customer.
- d) for the delivery of imported goods that are marked as such in the detail view. In addition, §312 d Abs. 4 BGB shall apply.
(6) The customer, in the case of rejection of the revocation and return will bear the costs of re-sending the goods in case of returning the goods to ZV3 in accordance with §312 d par. 4 BGB and in accordance with §7 Abs. (5) of our general terms and conditions.
§8 Liability for defects
(1) ZV3 will vouch for goods, which during a warranty period of twelve months prove to have defects which were present at the exchange of goods, according to the following rules:
- a) The customer shall notify of any possible product defects immediately in writing or by e-mail with a damage report (request using the contact details set out in § 9). In the event of a defect for which ZV3 is at fault, ZV3 shall offset this by removal or replacement.
- b) If the defect removal or replacement fails, if ZV3 is not willing or not able, or if it is delayed for an unreasonable period of time due to reasons for which ZV3 is responsible, the customer is entitled to withdraw from the contract without prejudice to any claims for damages or to demand a reduction of the purchase price. Treatment and/or care costs will not be refunded.
(2) ZV3 is not liable for defects from verified, improper use of the products, any mistakes during their application, not following the indications recommendations and any related, predictable failure loads/overloads, which can lead to implant fracture or implant failure. No assumption of any possible costs, professional fees and restorations resulting thereby.
(3) ZV3 may agree, (not osseointegrated, no primary stability, fracture by not detectable product defects) to replace the implant, in case of implant loss, but not to ensure the costs for fees and prosthetic care/superstructure resulting thereby. In this case procedure should be pursuant to §8 (1). A possible cost-sharing by ZV3 shall be agreed individually after inspection by the quality management and in consultation with the customer.
(1) Business address:
ZV3 - Zirkon Vision GmbH
Tel.: 08171-90 89 520
Fax: 08171-90 89 524
(2) ZV3 Customer Service: e-mail: info@ZV-3.com
(3) The return address for implants and instruments can be found on the delivery note.
§10 Data protection
Collection, processing and use of personal data. ZV3 is committed to protecting the privacy of all individuals who make purchases in the shops operated by ZV3 and to treat personal data confidentially. This is based on the applicable statutory provisions, such as the Federal Data Protection Act (BDSG) and the Telecommunications Act. The data obtained from customers will be collected, processed and used primarily for processing of contracts; details can be found in data protection information. If and to the extent ZV3 uses the data for purposes of advertising, market research or opinion polls, ZV3 customers have the right to object to such use at any time.
(1) The liability of ZV3 for damages, regardless of legal grounds, especially due to impossibility, default, defective or incorrect delivery, breach of contract, breach of obligations in contract negotiations and unauthorized action, insofar as it is at fault in all cases, shall be limited according to this § 11.
(2) ZV3 shall not be liable
- a) in the case of simple negligence of its bodies, statutory representatives, employees or other vicarious agents;
- b) in the case of gross negligence of non-executive employees or other vicarious agents, inasmuch as it does not concern a breach of duties which are significant for the contract. The obligations that are significant for the contract are those for timely, faultless delivery, as well consulting, protection and care obligations, which should permit the purchaser to contractually use the delivery item or aim at protecting the life or health of the purchaser's personnel or any third party or the property of the purchaser from significant damage.
(3) Insofar as ZV3 is liable for damages on the grounds of and in accordance with §11 (2), this liability is limited to damage which ZV3 has foreseen when concluding the contract as a possible consequence of a contractual infringement or which, under consideration of the circumstances, were or should have been known to it or which, by applying due care and attention, it should have foreseen. Indirect damages and consequential damages resulting from defects in the item supplied are only subject to compensation insofar as such damages can be typically expected from the normal use of the contract use.
(4) In the event of liability for simple negligence, ZV3's obligation to make compensation for property damage and personal injury is limited to the amount per claim, which corresponds to twice the purchase price paid pursuant to this contract; this applies even if this concerns a breach of duties which are significant for the contract.
(5) The aforesaid non-liability and liability limitations also apply to the same extent for the government bodies, statutory representatives, employees or other auxiliary persons of ZV3.
(6) Insofar as ZV3 provides technical information or acts as an adviser and this information or advice is not part of the contractually agreed scope of services owed by it, this is done free of charge and with the exclusion of any liability.
(7) The limitations of this §11 do not apply to the liability of ZV3 of deliberate conduct, for guaranteed quality features, injury to life, body or health or under the Product Liability Act.
The Customer declares with his signature, that he expressly agrees respectively at the latest upon acceptance of the goods ordered with the above disclaimers of suppliers and thus confirms that he accepts full responsibility for the use on patients.
§12 Final Provisions
(1) This contract shall be governed by the substantive law of the Federal Republic of Germany excluding the UN Convention on the International Sale of Goods.
(2) Place of jurisdiction for all claims is Munich, Germany.