Scope of application
These General Terms and Conditions (GTC) apply to all deliveries by VisionHEART GmbH (hereinafter: VisionHEART) to consumers (Section 13 of the German Civil Code (BGB)) and business customers. By placing orders, the buyer expressly accepts these terms and conditions.
Contractual partner
The purchase contract is concluded with the:
VisionHEART GmbH
Managing Director: Mr. Daniel Scheumann
Borststr. 15,
90559 Burgthann
Commercial register: Nuremberg Local Court, HRB 43786.
You can reach our customer service for questions, complaints and objections on weekdays by phone at +49 (0) 9183 – 297 99 33 or by email at sales@visionheart.de.
Right of Return for Non-Consumers (Business Customers)
We reserve the right, without liability, to cancel orders from business customers, i.e., legal entities that purchase the goods for a purpose related to their commercial or independent professional activity.
Shipping:
Shipping (including deliveries by VisionHEART GmbH) is always at the buyer’s expense and risk. Delivery is made either by our own vehicles, freight, freight forwarding, postal service, or other delivery services from the Burgthann factory.
In the event of transport damage, obvious defects must be reported immediately in writing to the carrier, and hidden defects within 6 calendar days. The specific defect notification regulations of the transport service provider must be observed. The notification must be sent to the seller immediately, along with a damage report.
A flat shipping fee is charged for deliveries within Germany. Partial deliveries by the seller are free of charge. Surcharges for pallet shipments, private deliveries, and hazardous goods shipments are charged separately. If the seller specifies a specific shipping method, the buyer will bear the resulting additional costs.
For deliveries outside Germany, ex works generally applies.
Reservation of self-delivery:
If we ourselves are not supplied despite having placed identical orders with reliable suppliers, we shall be released from our obligation to perform and may withdraw from the contract. We are obligated to immediately notify the customer of the unavailability of the service and will promptly reimburse any consideration already provided by the customer.
Payment:
For customers from Germany, the invoice amount is due immediately upon receipt without deduction, unless the buyer is expressly granted a different payment term in offers, order confirmations, or invoices. After this period, the buyer automatically falls into default. Receipt of payment by the seller is decisive for timely payment.
Payment must be made by bank transfer, stating the customer and invoice number, to the account specified on the invoice. All transfer fees are borne by the buyer.
In the event of late payment, interest on arrears and other costs may be charged without the need for a separate reminder.
Orders from abroad are generally only accepted against advance payment.
Retention of title:
The goods remain our property until full payment has been received.
Warranty:
The warranty is provided in accordance with statutory provisions. For all defects that occur during the statutory warranty period of two years from delivery, you have the statutory right to subsequent performance (at your discretion: rectification of the defect or replacement) and – if the statutory requirements are met – the statutory rights to a reduction in price or withdrawal, as well as to compensation for damages. You must allow us a total of two attempts to remedy the defect. If the type of subsequent performance you request is only possible at disproportionate cost, your claim is limited to the other type of subsequent performance.
For special accessories (batteries, SpO2 sensors and similar accessories) a warranty of only 6 months can be granted for technical reasons.
Disposal:
VisionHEART GmbH accepts the return of its products for disposal in accordance with the German Electrical and Electronic Equipment Act (ElektroG). The customer is responsible for the return transport costs. Unfortunately, we cannot accept shipments without postage paid. Batteries must be disposed of properly according to the German Battery Ordinance (BattV) Act. Disposing of used batteries in household waste is expressly prohibited. Please dispose of used batteries through an appropriate service provider or return the batteries we supply to us with sufficient postage.
Place of Jurisdiction:
The place of jurisdiction for all legal disputes with traders, legal entities under public law, or special funds under public law is Nuremberg. These terms and conditions and all legal relationships between VisionHEART GmbH and its contractual partners are subject to the laws of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods are excluded.
Important information:
The customer is advised that some products are subject to the regulations and provisions of the Medical Devices Act (MPG) and the Medical Device Operator Ordinance (MPBV). Commissioning is only permitted for trained persons or doctors. All offers are always without instruction in accordance with §5 of the Medical Devices Act. If instruction is required, please order or request it in advance.
Data protection:
The careful handling of personal data is important to us, therefore you will find information on this in our privacy policy.
