Legal Notice

Information pursuant to § 5 TMG

Sanitätshaus Thera-Rent e.K.
Fritz-Kahl-Straße 32, 44225 Dortmund

Nicolas Nahalewicz – Managing Director
Phone: 0171-335 0287
Fax: 0231-99763851
E-Mail: nicolas.nahalewicz@thera-rent.de
Web: www.thera-rent.de

Photo & Film Credits

© RECK MOTOmed
© medica THERA-Trainer

General Terms and Conditions

Terms and conditions generated via the generator of Deutschen Anwalts-h.AG

Contracting Party

These General Terms and Conditions (GTC) govern the contract concluded between the customer and:

Sanitätshaus Thera-Rent e.K. – sole trader
Represented by: Nicolas Nahalewicz
Address: Fritz-Kahl-Straße 32, 44225 Dortmund

hereinafter referred to as the "Provider".

Subject Matter of the Contract

This contract governs the rental of used goods (medical movement trainers – MOTOmed – manufacturer: Reck) in the field of medical technology distribution via the online shop, as well as telephone order acceptance by the Provider. For details of each offer, please refer to the product description on the respective product page.

Formation of Contract

The contract is concluded through electronic commerce via the shop system or through other means of distance communication such as telephone and e-mail. The offers presented constitute a non-binding invitation to submit an offer through the customer's order, which the Provider may then accept. The ordering process for contract formation in the shop system comprises the following steps:

• Selection of the offer in the desired specification
• Model selection
• Configuration selection
• Accessory selection
• Rental period
• Delivery selection
• Adding the offer to the shopping cart
• Clicking the "Order" button
• Entering the billing and delivery address
• Selecting the payment method
• Reviewing and editing the order and all entries
• Clicking the "Order with obligation to pay" button
• Confirmation e-mail that the order has been received

Orders can also be placed via means of distance communication (telephone/e-mail) in addition to the shop system, in which case the ordering process for contract formation comprises the following steps:

• Calling the order hotline / sending the order e-mail
• Confirmation e-mail that the order has been received
• Thera-Rent sends the rental contract documents
• Customer returns the signed rental contract documents to Thera-Rent
• Goods are dispatched once payment has been received by Thera-Rent

The contract is formed upon the customer's signature of the rental agreement.

Contract Duration

The contract covers recurring/ongoing services. Subject to termination, the contract has a minimum term of 3–12 month(s). A free trial week is available when collecting in person from our branch in Dortmund. Otherwise, delivery costs apply for both directions. The total price is calculated from the following components: the goods and the rental period. The contract has a minimum term. This minimum term is 1–12 months (depending on the customer's wishes). If the customer does not give notice in time, the contract term automatically extends by a further period of 1–12 months. Each party has the right to terminate the contract with 4 weeks' notice before the end of the minimum term without stating reasons. The right to extraordinary termination for good cause, in particular repeated breach of main contractual obligations, remains unaffected. Termination is only effective if made in the following form: in writing.

Prices, Shipping Costs, Return Costs

All prices are final prices and, pursuant to § 19 para. 1 UStG, do not include VAT. Unless otherwise stated, the services offered are second-hand goods acquired privately. Pursuant to § 25a UStG, these are subject to margin taxation, so VAT is not shown on the invoice. The following flat-rate shipping costs apply per order on a one-off basis:

Payment Terms

The customer has exclusively the following payment options: advance bank transfer, cash payment upon collection. No other payment methods are offered and will be declined.

The invoice amount must be transferred in advance to the account specified on the invoice, which will be sent by e-mail and contain all the information required for the transfer. The invoice amount may also be paid in cash at the Provider's premises during normal business hours, less the shipping costs included in the invoice. The customer is obliged to pay the stated amount into or transfer it to the account specified on the invoice within 14 days of receipt of the invoice. Payment is due without deduction from the invoice date. After expiry of the payment period, which is thus determined by the calendar, the customer is in default without the need for a reminder. The customer's right of retention, which is not based on the same contractual relationship, is excluded.

Delivery Terms

Goods are dispatched promptly upon confirmed receipt of payment. Dispatch takes place on average within 7 days at the latest. The Provider undertakes to deliver by the 7th day after receipt of the order. The standard delivery time is 3–5 days unless otherwise stated in the item description. The Provider dispatches the order from its own warehouse once the entire order is in stock there. The customer will be informed immediately of any delays. If the Provider is not responsible for a permanent obstacle to delivery — in particular force majeure or non-delivery by its own suppliers despite a timely covering transaction — the Provider has the right to withdraw from a contract with the customer to that extent. The customer will be informed immediately and any services received, in particular payments, will be refunded.

Warranty

Consumers are entitled to the statutory warranty rights for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). Where deviations apply, the warranty shall be governed by the provisions set out in these General Terms and Conditions. If the customer is a business, the warranty for used goods is excluded. This does not apply to the customer's claims for damages due to injury to life, body or health, or breach of material contractual obligations which must necessarily be fulfilled in order to achieve the purpose of the contract. Nor does it apply to claims for damages arising from grossly negligent or intentional breach of duty by the Provider or its legal representative or vicarious agent. Otherwise the statutory provisions apply.

Contract Arrangements

The Provider grants the customer a 2% discount upon payment of the total amount for the entire rental period. If the customer is a business, the risk of accidental loss and/or accidental deterioration of the goods passes to the customer upon handover, or, in the case of dispatch, upon delivery of the goods to the selected service provider. The contract text is stored by the Provider. The customer has the following option to access the stored contract text: by e-mail request. This is available at: mail contact. The customer can correct input errors during the ordering process as follows: mail contact.

You can reach our customer service at the following times:

Sanitätshaus Thera-Rent e.K. – sole trader
Represented by: Nicolas Nahalewicz
Address: Burgholz Str. 46 in 44145 Dortmund
Opening hours: 8:00 – 17:00

Disclaimer of Liability

Claims for damages by the customer are excluded unless otherwise arising from the following reasons. This also applies to the Provider's representatives and vicarious agents if the customer asserts claims for damages against them. Excluded are claims for damages by the customer due to injury to life, body or health, or breach of material contractual obligations which must necessarily be fulfilled in order to achieve the purpose of the contract. Nor does this apply to claims for damages arising from grossly negligent or intentional breach of duty by the Provider or its legal representative or vicarious agent.

Language, Jurisdiction and Applicable Law

The contract is drawn up in German. The further execution of the contractual relationship is conducted in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this applies only to the extent that it does not restrict any statutory provisions of the country in which the customer has their domicile or habitual residence. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered seat of the Provider.

Severability Clause

The invalidity of any provision of these GTC shall not affect the validity of the remaining provisions.

Website Implementation

Nikolas Nienaber
https://nikolas-nienaber.de/