Terms of service

General Terms and Conditions

Table of Contents

§ 1 General Information
§ 2 Conclusion of Contract
§ 3 Prices
§ 4 Shipping Costs
§ 5 Delivery Conditions
§ 6 Payment Terms
§ 7 Retention of Title
§ 8 Right of Withdrawal
§ 8a Our Voluntary Return Guarantee
§ 9 Transport Damage
§ 10 Warranty
§ 11 Liability
§ 12 Customer Reviews
§ 13 Out-of-Court Dispute Resolution
§ 14 Information under the Battery Act
§ 15 Final Provisions

§ 1 General Information

Unless otherwise specified in the respective clause, these General Terms and Conditions apply to both consumers and businesses placing orders via the online shop www.resmedshop.de, operated by:

ResMed GmbH & Co. KG
Mahatma-Gandhi-Platz 3
81248 Munich

represented by its personally liable partner:
ResMed GmbH Verwaltung
Munich Local Court, HRB 155 337
represented by its Managing Director

(hereinafter referred to as “ResMed”).

www.resmedshop.de is a certified online shop and complies with the Trusted Shops requirements (available at www.trustedshops.de).

Contact details:
Email: direktverkauf@resmed.de
Phone: 08002777000

§ 2 Conclusion of Contract

(1) The online shop is aimed exclusively at private and commercial end customers who wish to purchase and pay for healthcare products privately. Purchasing via prescription is not possible. No reimbursement will be made if a prescription is submitted after purchase. Orders are binding and oblige payment once accepted. We reserve the right to return submitted prescriptions intended for invoicing online purchases.

(2) Product presentation in the shop does not constitute a legally binding offer but an non-commital online catalogue. By clicking “Buy with obligation to pay”, you submit a binding order of the products in your shopping card. You will receive a confirmation of the order after submitting but this order confirmation does not yet constitute acceptance. Acceptance occurs through order confirmation by email or delivery within five days.

§ 3 Prices

The prices stated on the product pages include statutory value-added tax and other price components. They are to be understood plus shipping costs (see § 4).

§ 4 Shipping Costs

We charge the following shipping costs per order for delivery:

Standard shipping: EUR 4.95
From an order value of EUR 89.00, delivery is free of shipping costs.
Express shipping: EUR 14.95 (as of 30 March 2020 – currently not offered)
From an order value of EUR 89.00, express shipping costs amount to EUR 10.00.

If express shipping is selected, orders received by 2 p.m. are processed immediately and, subject to sufficient product availability, delivered within 1–2 working days.

The goods will be shipped to an address specified by you or, if desired, to a DHL parcel locker (Packstation). Please note the specific conditions for purchase on account (see § 6).

§ 5 Delivery Conditions

(1) Delivery of our items can only be made within Germany. If standard shipping is selected, delivery is carried out by DHL; express deliveries are generally sent via DHL Express or GO Express.

(2) If, during the processing of your order, we determine that products you have ordered are not available, you will be informed separately by email.

(3) If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, insofar as this is reasonable for you.

(4) If the ordered product is not available because we are not supplied by our suppliers without our own fault, we may withdraw from the contract. In this case, we will inform you without undue delay and reimburse any consideration already provided, if applicable, without undue delay. Your further statutory claims remain unaffected.

§ 6 Payment Terms

(1) Payment is made either by instant bank transfer or by invoice. We reserve the right not to offer certain payment methods in individual cases. Please note that, for technical reasons, you will receive the invoice by separate post. It may reach you earlier or later than the goods.

(2) Payment by invoice within 30 days after receipt of the invoice is possible, provided we allow this option in individual cases. If you do not initiate payment from your account within the 30-day period after receipt of the invoice, you will automatically be in default without the need for a reminder from us. In this case, we are entitled to claim the damage incurred by us.
For the decision on the use of the payment method purchase on account, we use – in addition to our own data – probability values to assess the risk of default, which we obtain from various credit agencies. The calculation of these probability values is based on a scientifically recognized mathematical-statistical procedure. The credit agencies are also used to validate the address data you have provided.

(3) If you are in default of payment, the purchase price shall bear interest during the period of default at a rate of 5% above the base interest rate announced by the European Central Bank per annum. We reserve the right to prove and claim higher damages for default.

(4) For business relationships with companies, the following additionally applies: If you are in default of payment from another transaction with us or if there are other doubts about your solvency, we may demand security for all outstanding claims from you. We may withhold outstanding deliveries until the security has been provided. If no security is provided, we are entitled to withdraw from the contract. You may only offset with undisputed or legally established claims. The same applies to the assertion of rights of retention.

§ 7 Retention of Title

The goods remain our property until full payment has been made. Before transfer of ownership, pledging, assignment by way of security, processing, or transformation is not permitted without our consent. Within the scope of the retention of title, you are obliged to inform us immediately of any third-party access to our rights. If this obligation is violated, we reserve the right to repossess the goods. In this case, you may not assert any rights of retention or other rights of possession.

If you purchase goods from us for resale, you are permitted to do so in the ordinary course of business even before payment of our claims, provided that you simultaneously assign to us, as security, the claims to which you are entitled against your customers, including all ancillary rights, and pass on the retention of title. We hereby accept such assignment already now. We are entitled to disclose this assignment and to collect the claim in the event of your default in payment. In this case, you are obliged to provide us with information on the status of your claims against third-party customers and their identity. Insofar as, as a result of the assignment, we receive security exceeding 120% of all our outstanding claims against you, we will reassign the exceeding subordinate claim amount upon request. The retention of title serves to secure all our claims arising from the business relationship with you. This also applies if claims are included in a current account and a balance is drawn and acknowledged.

§ 8 Right of Withdrawal

(1) Consumers have a 14-day right of withdrawal.

Information on the right of withdrawal

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must use the withdrawal link in the online shop or inform us:
ResMed GmbH & Co. KG, Mahatma-Gandhi-Platz 3, 81248 Munich
Email: direktverkauf@resmed.de
by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Please note that the right of withdrawal expires prematurely in the case of delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. This includes, among others, goods intended to come into contact with breathing air or bodily fluids (saliva, blood, sweat, etc.), such as sleep therapy devices including accessories (humidifiers, masks, hoses, air filters, etc.), inhalation devices, blood glucose meters including accessories, CPAP pillows including covers.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification of your withdrawal of this contract has been received by us. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees for this reimbursement.

We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier point in time.

You must return 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 your withdrawal from this contract to

ResMed GmbH & Co. KG

Rücksendungen

Gewebepark 1

91350 Gremsdorf

The deadline is met if you send the goods before the period of fourteen days has expired.

We shall bear the costs of returning the goods, provided that you use the prepared DHL return label enclosed with the shipment. You only have to pay for any loss in value of the goods if this loss in value is attributable to handling of the goods which is not necessary for checking their condition, properties, and functioning.

End of the withdrawal information

(2) Please avoid damage and contamination. Please return the goods to us, where possible, in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to damage resulting from inadequate packaging.

(3) A prepared DHL return label is enclosed with the shipment for the return. Please attach this to your parcel. You can return your shipment free of charge at any DHL acceptance point, DHL Packstation, or with a DHL parcel delivery agent.

(4) Please note that the modalities specified in § 8 paragraphs (2)–(3) are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8a Our Voluntary Return Guarantee

21-day extended return

Extended return up to 21 days after receipt of the goods: For all purchases of products from our online shop, we grant you, in addition to the statutory right of withdrawal, a voluntary return period of a total of 21 days from receipt of the last item of the order. With this right, you can also withdraw from the contract after expiry of the withdrawal period (see withdrawal information above) by returning the goods to us within 21 days of their receipt (the period begins on the day after receipt of the last item of the order), namely to the address stated above.

Timely dispatch is sufficient to meet the deadline.

A prerequisite for exercising this right is that the goods are complete and in an unused and undamaged condition. This also applies to the product packaging.

The refund will be made to the account you used for the payment.

Your statutory right of withdrawal (see above) is not affected by compliance with our rules for the additional contractual (voluntary) return option and remains independent of it. Until expiry of the statutory withdrawal period, exclusively the statutory conditions listed there apply. The contractual (voluntary) return option also does not limit your statutory warranty rights, which remain fully in force.

§ 9 Transport Damage

(1) If you, as a consumer, are in a contractual relationship with us and goods are delivered with obvious transport damage, please report such defects immediately to the carrier and contact us as soon as possible (e.g. by email to direktverkauf@resmed.de).

(2) Failure to file a complaint or to contact us has no consequences for your statutory warranty rights as a consumer. However, you help us to assert our own claims against the carrier or transport insurance.

(3) If you are not a consumer, delivery is made ex works, so that our liability ends with the handover of the goods to the first carrier or, if you are responsible for transport, with the provision of the goods in our dispatch warehouse and notification that they are ready for shipment. Even if you are not at fault, you are still obliged to pay the purchase price in this case. If a contract has already been concluded between us, you are also liable if you fail to accept the goods (default of acceptance).

§ 10 Warranty

If you enter into a contractual relationship with us as a consumer, the warranty shall be governed by statutory provisions.

If you are not a consumer, the following applies: Within the scope of rectification, we have the right to choose whether to remedy the defect or deliver a defect-free item. In every case of delivery, you are obliged to inspect the goods in accordance with § 377 HGB. Hidden defects must be reported to us within 14 calendar days of their discovery. The warranty period is 1 year from transfer of risk.

§ 11 Liability

We shall be fully liable for damages arising from injury to life, body, or health resulting from an intentional or negligent breach of duty by us, our legal representatives, or agents, as well as for other damages resulting from at least grossly negligent breach of duty or intent on our part or on the part of our legal representatives or agents.

Furthermore, we shall be fully liable for damages covered by mandatory statutory provisions.

For damages caused by slight negligence, we shall be liable insofar as such negligence relates to the breach of obligations which are essential for achieving the purpose of the contract (cardinal obligations); in this case, liability shall be limited to the foreseeable, typical, direct average damage. Further liability is not excluded where mandatory statutory provisions, such as the Product Liability Act, provide otherwise. To the extent liability is excluded or limited above, this also applies to the personal liability of employees, staff, and other agents.

§ 12 Customer Reviews

If a user decides to post content (e.g. customer reviews) on www.resmedshop.de, they grant ResMed a license that is unlimited in time and place, and exclusive, for the further use of the content for any purposes online and offline. ResMed will endeavour to always name the author (unless the author has indicated that they wish to remain anonymous), but reserves the right to shorten or omit this information. ResMed also reserves the right not to display content or to display it only for a limited period, as well as to shorten or modify it. Content posted by users, in particular customer reviews, reflects exclusively the opinions of customers. The content does not necessarily correspond to the views of ResMed.

§ 13 Out-of-Court Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution (ODR):
http://ec.europa.eu/consumers/odr

(2) We are legally obliged to inform you that ResMed does not participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Information under the Battery Act

As our shipments may contain batteries and rechargeable batteries, we are obliged under the Battery Act (BattG) to inform you of the following: Batteries and rechargeable batteries must not be disposed of with household waste. You are legally obliged to return used batteries. Used batteries may contain harmful substances that can damage the environment or your health if not stored or disposed of properly. However, batteries also contain valuable raw materials such as iron, zinc, manganese, or nickel and can be recycled. You can either return used batteries to us or dispose of them free of charge in your vicinity (e.g. in shops, municipal collection points, or our warehouse). The crossed-out wheeled bin symbol means that batteries must not be disposed of in household waste. Symbol meanings:
Pb: contains lead
Cd: contains cadmium
Hg: contains mercury

§ 15 Final Provisions

(1) If any provision is or becomes invalid, this shall not affect the validity of the rest of the contract. The assignment of claims against us requires our consent. For contracts with merchants and legal entities under public law, the place of jurisdiction is Munich. This does not affect the jurisdiction of courts for payment order proceedings.

(2) German law shall apply.