General Terms and Conditions
Contractual terms and conditions applicable to purchase contracts concluded via the online shop cnsac-medshop.com
between
CNSAC MedShop GmbH, Biebelrieder Str. 42, 97288 Theilheim, Registry Court: Würzburg / HRB 15116, represented by Dr. Arash Kianian, VAT identification no.: DE332512838
– hereinafter “Provider” –
and
the customer referred to in § 2 of the contract
– hereinafter “Customer” –
concluded.
- 1 Scope of Application, Definitions
(1) The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between the webshop provider (hereinafter “Provider”) and the customer (hereinafter “Customer”). Any differing terms and conditions of the ordering party / customer are not accepted unless the Provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot predominantly be attributed to their commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.
- 2 Conclusion of the Contract
(1) The customer may select products from the provider’s range, in particular devices and accessories for therapy, as well as accessories and consumables for the medical diagnosis of sleep apnea, and collect them in a so-called shopping cart using the “add to cart” button. By clicking the “Buy / Submit order” button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer may view and change the data at any time. However, the offer may only be submitted and transmitted if the customer accepts these contractual terms by ticking the box “I have read the General Terms and Conditions and hereby accept them,” thereby incorporating them into the offer.
(2) The provider then sends the customer an automatic acknowledgment of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the offer. The contract is concluded only upon the provider’s declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, we will send the customer the contract text (consisting of the order, General Terms and Conditions, and order confirmation) on a durable medium (email or paper printout) (order confirmation). The contract text will be stored in compliance with data protection requirements.
(3) When ordering our offers using the FAX order form provided on our website, by FAX or by sending the FAX order form by email, the customer accepts these contractual terms by marking/checking the box “I have read the General Terms and Conditions and hereby accept them” and thereby incorporates them into their order. The contract is concluded only upon the provider’s declaration of acceptance, which is sent to the customer by separate email or by FAX (order confirmation). In this email or FAX, or in a separate email, but no later than upon delivery of the goods, we will send the customer the contract text (consisting of the order, General Terms and Conditions, and order confirmation) on a durable medium (email or paper printout) (order confirmation). The contract text will be stored in compliance with data protection requirements.
(4) When ordering our offers by email to our email address “sales@cnsac.com”, upon receipt of this email containing the order, the provider will send the customer an acknowledgment of receipt by email, in which the customer’s order is listed again, which contains the provider’s General Terms and Conditions and which the customer can print out using the “Print” function. The customer must confirm the order listed in the acknowledgment of receipt, together with confirmation that they have acknowledged the General Terms and Conditions, by sending their own email. The contract is then concluded only upon receipt of this confirmation email from the customer and the provider’s declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, we will send the customer the contract text (consisting of the order, General Terms and Conditions, and order confirmation) on a durable medium (email or paper printout) (order confirmation). The contract text will be stored in compliance with data protection requirements.
(5) When placing a telephone order for our offers, the customer must provide a valid email address or fax number. After receiving the telephone order, the provider will send the customer an acknowledgment of receipt by email or fax, in which the customer’s order is listed again, which contains the provider’s General Terms and Conditions, and which the customer can also print using the “Print” function if confirmation is provided by email. The customer must confirm the order listed in the acknowledgment of receipt, together with the General Terms and Conditions, by sending their own email or fax. After receipt of the customer’s confirmation email or confirmation fax, the contract is concluded only when the provider submits the declaration of acceptance, which is sent in a separate email or separate fax (order confirmation). In this email or in a separate email or separate fax, but no later than upon delivery of the goods, we send the customer the text of the contract (consisting of the order, General Terms and Conditions, and order confirmation) on a durable medium (email or paper printout) (order confirmation). The contract text is stored in compliance with data protection requirements.
(6) When placing an order for our offers using the “Online order” form provided on our website, the online order can only be submitted and transmitted if the customer accepts these contractual terms by checking the box “I have read the General Terms and Conditions and hereby accept them” and thereby incorporates them into their offer/order. The contract is concluded only when the provider submits the declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, we send the customer the text of the contract (consisting of the order, General Terms and Conditions, and order confirmation) on a durable medium (email or paper printout) (order confirmation). The contract text is stored in compliance with data protection requirements.
(7) In all cases, the contract is concluded in German.
- 3 Delivery, product availability
(1) Delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchases on account). Unless no delivery time or a different delivery time is specified for the respective product in our online shop, it is 4-5 business days.
(2) If no units of the product selected by the customer are available at the time of the order, the supplier will notify the customer of this without delay in the order confirmation. If the product is permanently unavailable, the supplier will refrain from accepting the order. No contract is concluded in this case.
(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier will also notify the customer of this without delay in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. The customer's statutory right of cancellation (see § 9 of these contractual terms) remains unaffected. In this case, the supplier is also entitled to withdraw from the contract. The supplier will promptly refund any payments already made by the customer.
- 4 Retention of Title
The delivered goods remain the property of the supplier until full payment has been made.
- 5 Prices and Shipping Costs
(1) All prices stated on the supplier's website include the statutory VAT applicable at the time. Only business customers will be shown net prices in the shopping cart after prior verification.
(2) The corresponding shipping costs will be stated to the customer in the order form and shall be borne by the customer unless the customer exercises their right of cancellation. For orders with a value of EUR 100.00 or more, the supplier delivers to customers in Germany and Austria free of shipping charges. For all other countries, shipping costs are calculated individually in our online shop www.cnsac-medshop.com .
(3) The goods are shipped by mail. The supplier bears the shipping risk if the customer is a consumer.
(4) In the event of cancellation, the customer shall bear the direct costs of returning the goods.
- 6 Payment Methods
(1) The customer may pay in advance, in cash, by credit card, PayPal, instant bank transfer, or by invoice. Purchase by invoice is available only to customers registered in the shop, starting with their first order.
(2) The customer may change the payment method saved in their user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. As a standard rule, payments must be made within 14 days of the invoice date without any deduction. Export orders from new customers are processed only after payment has been made in advance.
(4) If the invoice amount is not paid within 14 calendar days of the invoice date or another due date, we are entitled to charge default interest at the substantiated rate, but at least 5% above the ECB base rate, without requiring a separate reminder.
(5) Starting with the first payment reminder, we charge a processing fee of €5. For the second reminder, €10, and for the third reminder, €20.
(6) At our discretion, invoices and payment reminders may be sent by post or email. The customer agrees to receive invoices electronically. Electronic invoices are sent to the email address provided by the customer in PDF format. At the customer’s express request, invoices can be sent by post instead at any time.
(7) The customer’s obligation to pay default interest does not exclude the provider’s right to claim further losses resulting from the default.
- 7 Warranty for Material Defects, Guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code. For business customers, the warranty period for goods delivered by the provider is 12 months.
(2) The goods delivered by the provider are subject to an additional guarantee only if this was expressly stated in the order confirmation for the respective item.
- 8 Liability
(1) The customer’s claims for damages are excluded. This does not apply to the customer’s claims for damages arising from injury to life, body, or health, from a breach of essential contractual obligations (cardinal obligations), or to liability for other damage resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is liable only for the foreseeable damage typical of the contract if the breach was caused by ordinary negligence, unless the customer’s claims for damages arise from injury to life, body, or health.
(3) The limitations in paragraphs 1 and 2 also apply for the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
- 9 Cancellation Policy
(1) Consumers generally have a statutory right to cancel when concluding a distance contract, about which the provider informs them below in accordance with the statutory model. The exceptions to the right to cancel are set out in paragraph (2). A model cancellation form is provided in paragraph (3). Our digital products, such as HomeSleepTest (HST) measurements, are excluded from the right to cancel under EU Directive 2019/2161, as they are digital content that is provided immediately and before the cancellation period expires.
Cancellation policy
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
To exercise your right to cancel, you must inform us
CNSAC MedShop GmbH
Biebelrieder Str. 42
97288 Theilheim
Email: sales@cnsac-medshop.com
Fax: +49 9303 98 41 3 42
by means of a clear statement (e.g. a letter sent by post, fax or email) informing us of your decision to cancel this contract. You may use the attached model cancellation form for this purpose, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification concerning the exercise of the right to cancel before the cancellation period has expired.
Consequences of cancellation
(1) If you cancel this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs arising from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your cancellation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is earlier.
You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you dispatch the goods before the end of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods that was not necessary to examine their condition, properties, and functionality.
(2) The right of withdrawal does not apply to 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.
(3) The provider informs customers about the model withdrawal form as follows in accordance with the statutory provisions:
Model withdrawal form
(If you wish to revoke the contract, please complete this form and return it.)
– CNSAC MedShop GmbH,Biebelrieder Str. 42, D-97288 Theilheim, E-Mail sales@cnsac-medshop.com, Fax +49 9303 98 41 3 51
— 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(s) of the consumer(s) (only for notification on paper)
— Date
__________
(*) Delete as applicable
- 10 Final provisions
(1) Contracts between the provider and customers shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and governing the applicability of mandatory provisions, in particular those of the country in which the customer, as a consumer, has their habitual residence, shall remain unaffected.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's registered office.
(3) The contract shall remain binding in all other respects even if individual provisions are legally invalid. Where applicable, the statutory provisions shall replace the invalid provisions. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall be invalid.
Note: Please note that we have used AI services to translate our website so that we can better inform our international visitors. We apologize if some words, particularly technical terms, have not been translated correctly in some places.