1. placing of order

The client (customer, insured person), named personally or on the medical prescription, places an order with Sanitätshaus Ergonomic Care GmbH (service provider) for the delivery of the prescribed/requested service or products.

2. validity

Insofar as a statutory health insurance fund or another public body comes into consideration as a payer (third-party payer), the framework agreements negotiated with the respective payer shall apply. In these cases, the client is the unauthorized representative of the payer and the order is placed subject to approval by the payer. Upon approval, an order is created between the payer and Sanitätshaus Ergonomic Care GmbH, if such an order has been agreed upon in the framework contract.

3. cost absorption

If the cost bearer does not pay the full agreed price, the client shall bear the costs in the amount not paid.

4. warranty

Defects for which Sanitätshaus Ergonomic Care GmbH is responsible will be repaired free of charge during the statutory warranty period.

If the Provider of Service is liable for damage caused by slight negligence on the basis of statutory provisions in accordance with these Terms and Conditions, the Provider of Service shall be liable to a limited extent: Liability shall only exist in the event of a breach of material contractual obligations and shall be limited to the typical damage foreseeable at the time of conclusion of the contract. There shall be no liability for damage caused by slight negligence due to a defect in the object of purchase.

Irrespective of any fault on the part of the Provider of Service, any liability of the Provider of Service in the event of fraudulent concealment of the defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected. The personal liability of the legal representatives, vicarious agents and employees of the Provider of Service for damage caused by them due to slight negligence is excluded.

The limitations of liability in this section shall not apply in the event of injury to life, limb or health or in the event of grossly negligent or intentional conduct on the part of the legal representative of the Provider of Service or one of its executive employees.

5. data protection and personal data

5.1 Personal data

5.1.1 By personal data we mean the information you provide in our forms, such as your surname, first name, home postal address, business postal address, email addresses, date of birth and telephone numbers.

5.1.2 Personal data is only collected if this information is expressly provided by you, for example when placing an order, registering or placing an online order.

5.1.3 Your submitted personal data will be collected, stored and processed by us to the extent necessary to provide you with the products and services commissioned and or ordered from us.

5.1.4 In order to perform this task, your data may be exchanged with third parties involved in order processing (such as health insurance companies, insurers and the billing office such as Optica Abrechnungszentrum Dr. Güldener GmbH) Furthermore, your personal data will not be disclosed to third parties. There may be the following exceptions to this:

  • due to mandatory legal requirements;
  • for the defense and protection of the rights of Ergonomic Care GmbH;

5.1.5 Ergonomic Care GmbH will handle personal data in accordance with the regulations of the Federal Data Protection Act and the Teleservices Data Protection Act.

5.2 Consent

By commissioning Ergonomic Care GmbH and/or using our websites, the client consents to the storage and use of your data as described above. By providing or entering your personal data, you declare your consent to the described processing of the data and its use. We will take reasonable precautions to protect the security, integrity and privacy of your data.

6. terms of payment

Unless otherwise agreed, the prices valid on the day of delivery shall apply. Payment terms are 14 days, without deduction, unless otherwise contractually agreed.

7. payment claims

The Client assigns payment claims against its health insurer to the Service Provider, who accepts the assignment. Irrespective of this, however, in the event that the health insurer refuses to assume the costs, the Client shall remain solely entitled and obliged to assert payment claims against the health insurer. In this case, however, the Service Provider assures to support the Client in enforcing its claims.

8. reservation of title / place of jurisdiction

The goods remain the property of Sanitätshaus Ergonomic Care GmbH until full payment has been received. The place of jurisdiction is Munich.

9. delivery conditions

The delivery of aids and/or goods to customers is free of charge. In the case of home visits, any costs incurred will be invoiced.

Forstinning, April 21, 2016