§ 1 Scope of application and area of validity
1.1 These GTC (hereinafter "GTC") shall apply to all contracts concluded via the online shop at www.shop.preventis.com as well as to orders placed by telephone, e-mail, or fax between Preventis GmbH, Stubenwald-Allee 8a, 64625 Bensheim, Germany, and the Customer (hereinafter "Customer").
1.2 The offer of Preventis GmbH is directed to both: B2C Customers [§ 13 BGB (German Civil Code)] (hereinafter "B2C Customers") and B2B Customers [§ 14 BGB [German Civil Code)] (hereinafter "B2B Customers"), in particular doctors, pharmacies, medical institutions, and other commercial customers. B2C Customers within the meaning of these GTC are natural persons who enter into a legal transaction for purposes that are predominantly outside their trade, business, or profession. B2B Customers are natural or legal persons or partnerships with legal capacity who, when entering into a legal transaction, act in the course of their trade, business, or self-employed professional activity.
1.3 These GTC shall also apply to cross-border orders, unless mandatory statutory provisions of the Customer's residence or place of business conflict with them.
1.4 Any deviating, conflicting, or supplementary GTC of the Customer shall not become part of the contract unless Preventis has expressly agreed to their validity in writing (e.g., by e-mail, fax, or letter).
§ 2 Customer base
2.1 Preventis GmbH sells in vitro diagnostic devices in the form of rapid tests to B2C Customers as well as to B2B Customers), medical institutions, and other commercial customers.
2.2 Orders by minors or persons without full legal capacity are excluded. Should such an order be placed, Preventis GmbH is entitled to reject it or withdraw from the contract.
§ 3 Prices and terms of payment
3.1 a) B2C
3.1a B2C Customers:
Unless expressly stated otherwise, all prices quoted are final prices including the statutory value added tax applicable in Germany (gross prices). Payment methods are offered during the ordering process. See § 5 for details.
3.1b B2B Customers:
The prices quoted by Preventis GmbH for B2B Customers are net prices, plus the applicable statutory value added tax, provided that delivery is made within Germany. Sales tax is shown separately on the invoice. For deliveries abroad, additional customs duties, taxes, or other charges may apply, which are to be paid by the B2B Customer directly to the relevant authorities.
3.2a Catalog prices:
The prices stated in catalogs, price lists, or on the website are for information purposes only. They do not constitute a binding offer but they are non-binding price recommendations. Prices are subject to change. A binding price is only agreed upon acceptance of the offer by Preventis GmbH.
3.2b Promotional prices:
Promotional prices are special prices that are valid for a limited time as part of temporary advertising campaigns. They apply exclusively to orders that we receive and confirm during the specified promotional period. After the promotional period has expired, the regular prices apply again.
3.3 The prices stated in the online shop are valid at the time of ordering. The price displayed in the online shop https://shop.preventis.com/ at the time of ordering is decisive.
§ 4 Delivery and shipping
4.1 a) Online orders
General shipping information:
Within Germany, shipping costs are €6.00. Delivery within Germany is free of charge for orders with a gross value of €50.00 or more.
For deliveries within the European Union (EU), shipping costs range from €11.00 to €30.00, depending on the destination country. Shipping to EU countries is free of charge for orders with a gross value of €250.00 or more.
The estimated delivery time within Germany is approximately 1–3 business days, and approximately 3–8 business days to other EU countries.
4.1 b) Offline orders
Within Germany, the flat shipping rate is €7.50, including packaging. Delivery is free of charge for orders with a net value of €150.00 or more.
Additional island surcharges may apply.
For deliveries outside Germany, the actual shipping and packaging costs incurred will be charged.
The delivery time within Germany is approx. 1–3 working days, for other countries approx. 3–8 working days.
4.2 Shipping to multiple addresses
If a centrally placed order is delivered to multiple shipping addresses, the shipping cost regulations listed for each delivery address apply separately.
4.3 Partial deliveries
Preventis GmbH reserves the right to make partial deliveries, provided this is reasonable for the Customer. This will not result in any additional shipping costs for the Customer.
4.4 Rislk of transport
4.4 a) B2B
In the case of contracts with B2B Customers within the meaning of § 14 BGB (German Civil Code), the risk of accidental loss or accidental deterioration of the products shall pass to the B2B Customer upon handover to the transport company (e.g., freight forwarder, parcel service), even in the case of partial deliveries or postage-free delivery.
In the event of loss or damage during transport, the B2B Customer has no direct claim for compensation against Preventis GmbH, but Preventis GmbH is entitled to assert any claims against the transport company.
4.4 b) B2C
In the case of contracts with B2C Customers in accordance with § 13 BGB (German Civil Code), Preventis GmbH bears the transport risk until the products are handed over to the B2C Customer.
4.5 Force majeure and unforeseeable events
4.5 a) Force majeure
In the event of force majeure or unforeseen, extraordinary circumstances beyond our control (e.g., strikes, natural disasters, official measures, transport problems, delivery bottlenecks at upstream suppliers, etc.) that prevent timely delivery, the delivery period shall be extended accordingly.
4.5 b) Impossibility of delivery
If delivery becomes permanently impossible or unreasonable due to the circumstances mentioned above, Preventis GmbH shall be released from its delivery obligation. This is subject to the condition that the Customer has been informed of the relevant circumstances without delay.
If the disruptions last longer than three months, both contracting parties are entitled to withdraw from the contract. Any partial delivery that has already been made shall be considered a separate part of the contract.
4.5 c) Compensation
Claims for damages due to delivery delays or failures are excluded in cases of force majeure.
This limitation of liability does not apply in the case of
• intentional or grossly negligent breach of duty,
• a slightly negligent breach of essential contractual obligations
• or in the event of injury to life, limb, or health.
§ 5 Terms of payment
Payment methods and credit check
Payments can be made using the payment methods offered during the ordering process. These include in particular:
5.1 Payment via the online shop (due immediately)
• Unzer: Payment processing is handled by Unzer GmbH, Vangerowstraße 18, 69115 Heidelberg ("Unzer").
As part of the ordering process, we transmit the data required for payment processing to Unzer.
When selecting certain payment methods (e.g., purchase on account, direct debit), Unzer reserves the right to carry out a credit check.
Data processing is carried out on the basis of Art. 6 (1) (b) GDPR (contract performance) and, in the case of a credit check, on the basis of Art. 6 (1) (f) GDPR (legitimate interest in payment security).
Further information on data protection at Unzer can be found at: https://www.unzer.com/en/data-protection
• PayPal: Payment can be made via PayPal (PayPal Europe S.à.r.l. & Cie. S.C.A., 22- 24 Boulevard Royal, 2449 Luxembourg).
Payment processing via PayPal is carried out in accordance with the provider's data protection regulations, which can be accessed at the following link:
https://www.paypal.com/de/legalhub/paypal/home?country.x=DE&locale.x=en_DE
5.2 Payment methods for orders placed by telephone, email, or fax
The following payment options are available:
• Invoice:
Payment within 30 days of the invoice date.
• SEPA direct debit:
Payment within 14 days of the invoice date.
The Customer must ensure that the specified account has sufficient funds to cover the amount due. Costs incurred by unauthorized chargebacks initiated by the Customer and for which Preventis GmbH is not responsible may be charged to the Customer at the actual amount.
5.3 Due date and default of payment
Unless otherwise agreed, the invoice amount is payable without deduction by the due date stated on the invoice.
In the event of late payment, Preventis GmbH reserves the right to charge interest on arrears at the statutory rate [§ 288 BGB (German Civil Code)] and reasonable reminder fees.
5.4 Credit check
To hedge against the risk of payment default, Preventis GmbH reserves the right to check the creditworthiness of the Customer, especially for orders on account or direct debit. This can be done by obtaining credit information from credit agencies (e.g., SCHUFA Holding AG). The credit check is carried out on the basis of Art. 6 (1) (f) GDPR (legitimate interest) and serves to protect the interests of Preventis GmbH against payment defaults.
5.5 Right to object pursuant to Art. 21 GDPR
The Customer may object to the processing of their data for the purpose of credit checks at any time with future effect.
In the event of an objection, the selection of possible payment methods may be restricted (e.g., no purchase on account or direct debit).
§ 6 Retention of title
6.1 Retention until full payment
The delivered products remain the property of Preventis GmbH until all existing claims arising from the business relationship have been paid in full.
In the case of contracts with B2C Customers [§ 13 BGB (German Civil Code)], the retention of title is limited to the claim arising from the respective purchase contract.
6.2 Reclaiming Retained products
If the Customer defaults on payment or violates essential contractual obligations, Preventis GmbH is entitled to reclaim the products subject to retention of title.
The assertion of retention of title does not automatically constitute withdrawal from the contract, unless we expressly declare this.
6.3 Resale in the ordinary course of business (B2B only)
The B2B Customer is entitled to resell the products in the ordinary course of business.
However, they hereby assign to us all claims in the amount of the invoice amount (including VAT) that accrue to them from the resale to third parties.
Preventis GmbH hereby accepts this assignment. The B2B Customer remains authorized to collect the claim as long as they duly meet their payment obligations to Preventis GmbH.
§ 7 Right of revocation and return
7.1 No right of withdrawal for in vitro diagnostic products
No right of withdrawal exists for contracts delivering in vitro diagnostic medical devices unsuitable for return due to health/hygiene reasons once the seal is broken [§ 312g (2) No. 3 BGB (German Civil Code)]). The right of withdrawal remains in effect as long as the goods are still sealed and unused.
In all other respects, the statutory right of withdrawal shall apply to consumers accordingly.
Statutory withdrawal right applies to sealed/unused products.
7.2 Inspection upon receipt of products (B2B only)
B2B Customers must immediately inspect goods for completeness, integrity, and order conformity upon receipt. Obvious defects or transport damage must be reported in writing within 7 calendar days, including defect description and photos. If the B2B Customer fails to lodge a timely complaint, the delivery shall be deemed accepted .
This provision shall not apply B2C Customers.
7.3 Returns in case of defects
Return of the products in case of a justified defect is possible if:
• the products were already damaged upon receipt (e. g. transport damage), or
• the wrong product was delivered.
Returns are generally only accepted after prior consultation with Preventis GmbH, and using the return instructions provided by Preventis GmbH.
Products must be returned well packaged, complete, and, as far as possible, in their original condition.
7.4 Return costs
• In cases of justified defects or incorrect deliveries, Preventis GmbH shall bear the return shipping costs.
• In all other cases, the Customer shall bear the return shipping costs – provided that no statutory right of withdrawal exists or that such right is not properly exercised.
7.5 Exclusion of returns
There is no right of return for:
• Products that have been individually manufactured for the Customer (custom-made products),
• hygiene or medical products that have already been opened, if opening them means they can no longer be returned for health protection reasons,
• Products that have been damaged by improper storage or handling by the Customer.
7.6 Refund or replacement delivery
After receipt and inspection of the returned products, a credit note, replacement delivery, or return transport will be issued, depending on the circumstances, provided that a justified claim exists.
Preventis GmbH reserves the right to claim compensation for damage caused by the Customer, to the extent permitted by law.
§ 8 Warranty and liability
8.1 Liability for material defects
The statutory provisions §§ 434 ff. BGB (German Civil Code) apply to all products. In the case of entrepreneurs, warranty claims only exist if the obligation to inspect and give notice of defects has been complied with.
Warranty claims are excluded for damage caused by improper storage, use, manipulation, or expired products.
8.2 Limitation of liability
In the event of a proven defect, rectification or replacement delivery shall be provided [at the choice of Preventis GmbH in the case of B2B Customers, in accordance with § 439 BGB (German Civil Code) in the case of B2C Customers]. If this fails, the Customer may reduce the price, withdraw from the contract or claim damages in accordance with the statutory provisions.
8.3 Limitation of Liability
Unlimited liability applies in cases of intent, gross negligence, or injury to life, limb, or health. In cases of slight negligence, liability is limited to typical, foreseeable damages in relation to essential contractual obligations. Preventis GmbH is not liable for other damages (in particular consequential damages, lost profits) unless required by law.
8.4 Product liability
Claims covered by product liability law remain unaffected. No liability for damages resulting from improper transfer, storage, or use by third parties.
8.5 Obligations to B2B Customers
B2B Customers must document use and storage and provide evidence upon request. Failure to comply with these obligations may result in the warranty claim being voided.
8.6 Online shop
Preventis GmbH is not liable for technical failures or lack of availability, except in cases of intent/gross negligence.
§ 9 Special provisions for medical products [applies to B2B customers within the meaning of § 14 BGB (German Civil Code)]
9.1 Use by healthcare professionals and obligation to provide evidence
Some of the products offered by Preventis GmbH are intended exclusively for use by healthcare professionals (e.g., certified medical institutions, healthcare professionals, or authorized Suppliers).
Preventis GmbH reserves the right to request appropriate proof of qualification or authorization from the Customer prior to the purchase or delivery of such products.
The Customer is obliged to ensure that these products are only used by qualified personnel and are not passed on to unauthorized third parties.
9.2 Reporting obligations in the event of incidents or product problems
The Customer undertakes to immediately report all adverse events, product failures, or other safety-related incidents occurring during use to Preventis GmbH so that necessary measures (e.g., official reports, recalls) can be initiated in a timely manner.
Contact details for this purpose can be found on the Preventis GmbH website and in the documentation accompanying the product.
9.3 Product traceability
The Customer is obliged to ensure the complete traceability of the products purchased, in particular:
• the product name,
• the batch or LOT number,
• the place or time of use/dispensing.
This information must be documented in an orderly manner for a prescribed period (in accordance with applicable medical device law) and presented to authorities, the manufacturer, or the distributor upon request.
9.4 Obligations to cooperate
The B2B Customer agrees to cooperate in audits, inspections, or official examinations insofar as these are necessary in connection with the use, safety, or quality of the medical devices.
This includes in particular:
• the provision of records and evidence of storage, distribution, and intended use,
• cooperation with measures ordered by the authorities.
If deviations are detected, the B2B Customer undertakes to correct them immediately and to actively cooperate in any further measures that may be necessary (e.g., recalls, protective measures).
9.5 Responsibility of the Customer
The Customer is responsible for using the delivered products in accordance with the respective instructions for use and the applicable legal and regulatory requirements.
Improper use or storage can not only lead to safety risks but also result in liability or criminal consequences.
§ 10 Final provisions
10.1 Applicable law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2 Place of jurisdiction
The place of jurisdiction for all disputes arising from or in connection with these GTC is Darmstadt.
10.3 Changes to the General Terms and Conditions
Preventis GmbH may amend or supplement these General Terms and Conditions with future effect if this is necessary due to changes in legal or regulatory requirements, changes in supreme court rulings, or technical and economic changes in business operations, provided that such changes do not unreasonably disadvantage the Customer.
The Customer shall be informed of significant changes to the terms of the contract in an appropriate form (e.g., by email) at least four weeks before they come into effect.
If the Customer does not object in writing within four weeks of receiving the notification, the changes shall be deemed to have been effectively agreed.
B2C Customers will be expressly informed of the legal significance of their silence in the notification of change.
Note: In the case of minor changes, in particular editorial corrections, a right of objection is not required.
10.4 Online dispute resolution
The EU Commission provides a platform for online dispute resolution (ODR) at the following link: https://ec.europa.eu/ consumers/odr. Preventis,
Notice pursuant to Section 36 VSBG:
Preventis GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.