Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://portamedika.shop website and the My Mobile App mobile application (the "Service") operated by My Company ("us", "we", or "our").
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
General Terms and Conditions for the use of the PortaMedika.shop platform
Note: This is a automatic generated translation. The original text is written in german. The german version is legally binding. You can find the original text below this translation.
A project of the Humanitas Foundation e.V.
44227 Dortmund / Germany
As of 20.11.2018
The General Terms and Conditions (hereinafter: "Terms and Conditions") govern the use of the PortaMedika.shop platform worldwide and all related services.
PortaMedika.shop = platform operator
User = seller and buyer
Terms and Conditions = Terms and Conditions
Every user (buyer or seller) fully agrees to these terms and conditions by registering.
The general terms and conditions of the PortaMedika.shop platform were written in German. Only the German version is the legal version in case of dispute. All other language translations are for the convenience of the users only and have been created with an automatic translation program. Contract language is German. The translations are not legally binding. Jurisdiction for all disputes is always only Meschede Germany.
- 2 Description of services
- The PortaMedika.shop platform offers a marketplace where users (natural and legal persons and partnerships) can offer and purchase offers, goods and products of all kinds. Of course, these offers may not violate any applicable law. The liability for this is borne by the buyer and the seller themselves and thus free the PortaMedika.shop platform from all claims in principle and in full.
The PortaMedika.shop platform does not itself offer any articles and therefore does not become a contractual partner of contracts, obligations and agreements concluded exclusively between the users of this marketplace.
- PortaMedika.shop will promote the Platform and Services accordingly and will provide the Sellers and Buyers with appropriate access to properly promote their products and merchandise themselves.
PortaMedika.shop expressly has the right to technically process offers and other contents of users in such a way that they can also be displayed on mobile devices or software applications.
- All publications or offers made by sellers are never our opinion and may only be partially reviewed by us for their legality, correctness and completeness.
Although we make the best possible security arrangements, it can not be completely ruled out that incorrect contact details have been filed or have changed in the meantime.
- PortaMedika.shops may make use of the PortaMedika.shop platform or individual functions or the extent to which individual functions can be used, of certain conditions, such. Checking the credentials, duration of use, account type (private / commercial), status of the rating profile (including detailed seller ratings), payment history, or specific evidence (eg proof of identity, purchase, payment, or ownership) ,
- PortaMedika.shop reserves the right, within its principles, to change the order in its marketplace, insofar as this is reasonable for the users taking into account our legitimate interests.
- The right of users to use the services exists only in the context of the current state of the art. PortaMedika.shop temporarily restricts its services if this is necessary in terms of capacity limits, the security or integrity of the servers or for the implementation of technical measures, and this serves the proper or improved provision of the services (maintenance work). In these cases, we take the legitimate interests of the users into account as far as possible.
- Should an unforeseen system failure hinder the use of the PortaMedika.shop platform, users will be informed in an appropriate manner. Legal claims to any form of compensation are hereby excluded in principle.
- 3 Registration and account
- Registration is only permitted for legal entities, partnerships and unlimited legal capacity of natural persons. In particular minors may not register for the use of the PortaMedika.shop platform.
- The data requested during registration must be complete and correct. Commercial users must open a commercial account and enter all legally required information with their registration data.
- The registration of a legal entity or partnership may only be carried out by a natural person who is authorized to represent and who must be named.
- Users are advised to keep their password secret and secure all forms of access to their account accordingly.
- Accounts may not be transferred to others.
- We reserve the right to refuse the registration of accounts, to subsequently refuse and, in the case of violations of the rules, to immediately close or inactivate accounts without further information.
- 4 Use of the PortaMedika.shop platform. Upload prohibited articles and prohibited content
- It is entirely the responsibility of all users to ensure that offers and content (in particular pictures and other information) are absolutely lawful and, above all, do not violate the rights of third parties.
It is forbidden to offer or promote any item whose offer, sale or purchase violates any law. We reserve the right to make the sale of certain items subject to requirements that go beyond the legal requirements.
- Any manipulation of prices is prohibited. It is forbidden to manipulate the algorithm in any way, e.g. to manipulate the search functions
Sellers must always act in accordance with the principle of good faith and honesty, not gloss over articles or give false information or advertise properties that do not correspond to the facts. In addition, the buyer must be fully informed about the payment and delivery conditions.
- For technical reasons it is possible that offers can not always be found directly or for technical reasons can not be found at times.
Search results depend on technical and algorithmic conditions, which can also be changed. For this we expressly reserve all rights. A legal claim is excluded. PortaMedika.shop platform is always ready to promote the sale of all items and goods in the best possible way.
- Vendors who offer goods or services to consumers in accordance with their commercial or independent professional activity are also always obliged to make the legally required consumer protection information available to all users and to inform them about the existence or non-existence of the statutory right of revocation, if these are valid.
- The price of each item is always understood as the final price including any applicable VAT and other price components on the part of the seller. However, sales prices do not include any custom duties. Delivery and shipping costs are not included.
Sellers are not allowed to charge any fees from buyers in addition to the selling price.
- Any interference with the digital infrastructure or any form of data misuse leads to permanent exclusion from the PortaMedika.shop platform.
- 5 Sanctions, blocking and termination
- We take the following actions if there are concrete indications that a user violates legal regulations, the legally guaranteed rights of third parties or our terms and conditions or conditions of use in any form or if we have any legitimate interest, in particular for the protection of our users fraudulent activities:
Account Delete or delete certain content
Delay of publication
- restriction of use or cancellation
- Overriding the status
-Temporary or permanent blocking.
- The final suspension is made with careful consideration of interests in case of repeated negative rating, fraudulent intent, wrong contact details, transfer of the account to third parties, any forms of harm to other users, for other important reasons at our discretion.
The blocking takes place without legal claim of recovery. The suspension always applies to ALL activities and receipts and any accounts.
All users can cancel this user agreement at any time by simple message by email. The PortaMedika.shop platform can also terminate the license agreement at any time with a notice period of 14 days to the end of the month. The right of blocking remains unaffected.
- For the use of the PortaMedika.shop platform fees are charged by the seller. These are based on the current fee schedule in the current version. These are always made available to all sellers in current version.
- The individual fees as well as the sales commission are due for payment immediately and will be charged automatically via the system provided by Porta Medika.shop.
- Sellers who try to circumvent the fee structure are indemnified and excluded from the sale on our platform.
- For the deletion and blocking of accounts, we reserve the right to an administration fee, which we can charge.
- We also reserve the right to change fees and sales commissions at any time. Price changes will be communicated to users in good time before entry into force.
- 7 Offer formats and conclusion of contract
- The PortaMedika.shop platform offers users the opportunity to shop and sell internationally on fair terms. For this purpose, we provide a technical platform solution that meets the latest standards and is constantly being improved.
- Sellers are responsible for keeping their goods and offers up to date and offering them to an international audience at least in German and English. In addition, sellers are responsible for the goods issue and international delivery after purchase. There are several payment and shipping options available, which may vary from country to country and seller to seller.
PortaMedika.shop arranges everything so that sales and offers are accessible digitally at any time to a broad public.
- For large orders e.g. For industry or hospitals, PortaMedika.shop can even intervene in sales and, for example, Do consultations directly with the seller or buyer in their country to speed up or simplify a process. Here, the PortaMedika.shop team exercises a purely advisory role and does not enter into contracts as a seller.
- By clicking on the button "Buy" the buyer enters into a legally binding purchase contract.
- By providing its goods and offers on the PortaMedika.shop platform, the seller agrees to sell to customers, provided a payment is made.
Incoming funds are forwarded directly to the seller, any commissions are hereby deducted directly.
- The buyer is obligated to the immediate payment of the total amount. Unless buyer and seller agree otherwise, the purchase price is due immediately and paid by the buyer on the offered payment methods. We reserve the right to restrict the available payment methods for the purpose of risk management.
- Sellers must be in a position to transfer the goods offered to the buyer immediately after the conclusion of the contract and to send them.
- Users can be mutually and publicly available or evaluate the product after carrying out a sales transaction. The reviews are not checked by us.
- Users are obliged to provide only truthful information in the submitted evaluations. The ratings submitted by users must be factual and must not contain any censure.
- Any form of misappropriation of the rating system is prohibited. It is forbidden to rate yourself positively, give inappropriate ratings, any form of misuse of this rating system, evaluation manipulation in any form.
- 9 Limitation of Liability
- We are liable according to the statutory provisions only for intent and gross negligence on our part, our legal representatives, officers or other vicarious agents. The same applies to the assumption of warranties or other no-fault liability as well as to claims under the Product Liability Act or culpable injury to life, limb or health. The PortaMedika.shop platform is liable for the reason only for ourselves, our representatives, executives and simple vicarious agents caused simply negligent violations of essential contractual obligations, ie those obligations on the fulfillment of which the user regularly trusts and trust in the proper implementation of the contract, in this case, however, always limited in height to the typical, foreseeable damage.
- Further liability of the PortaMedika.shop platform is completely excluded.
- Insofar as the liability of the PortaMedika.shop platform is excluded or limited, this also applies in favor of the personal liability of its legal representatives, executives and simple vicarious agents.
- The user releases the PortaMedika.shop platform from all claims that other users or other third parties assert against us for infringement of their rights by offers and other content posted by the seller or any form of use of our digital content Services on the PortaMedika.shop platform.
- The user hereby bears the costs of the necessary legal defense of the PortaMedika.shop platform including all court and legal fees at the statutory rate. This does not apply if the infringement is not the responsibility of the user.
- The user is obligated to provide the PortaMedika.shop platform immediately, truthfully and completely with all information necessary for the examination of the claims, a defense in court and any necessary litigation in the event of a claim by third parties.
- We reserve the right to use other suitable companies for the purpose of fulfilling the contract and exercising all rights under this contract.
- We are entitled at any time, with a notice period of four weeks, to transfer all or part of our rights and obligations arising from this contractual relationship to suitable third parties and institutions.
- PortaMedika.shop may propose to the user at any time a change of these GTC`s. Changes on our part are offered to the user no later than 30 days before the proposed date of their effectiveness in writing (eg by e-mail). The user's consent is considered granted if the refusal is not notified in writing before the proposed date. If the user does not agree with the changes, he is entitled to a termination right and free of charge until the proposed date. The usual statutory right of termination of both parties remains unaffected.
- Should individual provisions of these General Terms and Conditions be or become completely or partially incorrect, not legally clear or ineffective, this shall not affect the validity of the remaining provisions. The ineffective version of the text is then replaced by a text closest to the original content and intentions of the text and the legal provisions.
- All declarations, which are transmitted in the context of the user agreement concluded with the PortaMedika.shop platform, must be made in writing or in text form (eg by e-mail).
- The contract of use including these terms and conditions formulated here is subject to German law. The application of the UN Sales Convention is excluded. For consumers residing in the EU, the mandatory provisions of consumer protection law of the Member State in which the buyer or seller resides are also applicable.
- We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
- For users who are merchants within the meaning of the Commercial Code, a special fund under public law or a legal entity under public law, 59872 Meschede, Germany is the exclusive place of jurisdiction for all disputes arising from the user agreement and these terms and conditions.
- For private users, a place of jurisdiction may be provided for at the place of residence of the user and at the place of business of the seller. Legal regulations for all disputes arising from the contract of use and these terms and conditions must always be observed.
Do you have questions about our terms and conditions? Then contact us.
If you use PortaMedika.shop as a consumer, the following terms apply to you:
By using the PortaMedika.shop platform you agree unconditionally to the following provisions:
(expressly applies only to countries where this Consumer Protection Act is legally defined and valid).
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the contract. In order to exercise your right of withdrawal, you must notify the Seller of your decision to withdraw from this Agreement by means of a clear statement (such as a letter sent by post or an e-mail to the address indicated on the Seller's shop page). For details, see the seller page.
Consequences of the cancellation
If you rescind this Agreement, the Seller will, in accordance with the law (applicable only in jurisdictions where this legal requirement is legally binding), accept all payments received from you, including delivery charges (excluding any additional costs arising therefrom) that you have chosen a different method of delivery than the most favorable standard delivery offered), immediately and no later than fourteen days from the date on which the notification of your cancellation of this contract is received.
Upon revocation of the purchase contract, please fill out a cancellation form offered by the dealer on our platform and send it to the appropriate dealer from whom you have purchased.
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If you have any questions about these Terms, please contact us.