Terms and conditions and customer information

General Terms and Conditions (GTC) and Consumer Information


Status: 09/25/2020


For reasons of better readability, the generic masculine is used in the following. Female and other gender identities are expressly meant insofar as this is necessary for the statement.

1. User and Contact


(1) The user of these General Terms and Conditions (GTC) is


Sunshine Smile GmbH (hereinafter: PlusDental)

Windscheidstrasse 18

10627 Berlin

Germany


Managing Director Dr. Peter Baumgart, Lukas Brosseder, Eva-Maria Meijnen


HRB 191754 District Court of Charlottenburg


(2) The contact information of the user is

Phone number: 030-54908000; Email: info@plusdental.de


All questions in connection with the procedure, any complaints or other inquiries can be sent to the central e-mail address info@plusdental.de or by telephone to PlusDental on 030-54908000.

2. Scope and general information


(1) These GTC and consumer information apply to all contracts concluded between PlusDental and the customer - hereinafter referred to as "customer" - via the PlusDental online shop.


Subject to individual arrangements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions apply exclusively to the business relationship between PlusDental and the customer. Unless expressly agreed otherwise, the inclusion of the customer's own conditions is contradicted.


(2) The PlusDental online shop is aimed exclusively at consumers who have reached the age of 18.


A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

3. Conclusion of contract


(1) The contract is concluded with PlusDental.


(2) The main features of the advertised goods and services result from the respective product or service description posted by PlusDental.


(3) The presentation of the range on the Internet is subject to change and non-binding. The customer submits a binding offer when he completes the online ordering process. As soon as PlusDental has received the customer's order, the customer will first be sent an order confirmation by e-mail. This order confirmation only documents the receipt of the order and does not constitute acceptance of the offer by PlusDental. After receipt of the customer's order, PlusDental will check it at short notice and inform the customer within 2 working days whether the offer will be accepted (order confirmation). PlusDental reserves the right not to accept individual offers without giving reasons.


(4) The ordering process in the PlusDental online shop works as follows:


The customer can select products and subscriptions from the PlusDental range and collect them in their shopping cart by clicking the "Add to cart" button. By clicking on the "Shopping Cart" button, the customer receives an overview of the selected products and services.By clicking the "Order now" button, he makes a binding offer to purchase the goods in the shopping cart or to take out the selected subscriptions at the conditions specified in the shop. Before sending the order, the customer can You can change and view the data at any time using the browser functions "Back" and "Next" shown as arrow keys. The offer can only be submitted and transmitted if the customer has accepted these contractual terms by confirming the corresponding checkbox and thereby made them part of the offer. PlusDental then automatically sends the customer an order confirmation by email E-mail in which the order or the order of the customer is listed again. The automatic acknowledgment of receipt only documents that the customer's order has been received by PlusDental and does not constitute acceptance of the offer. The contract is only concluded when PlusDental issues the purchase or order confirmation in a separate e-mail or when the goods are dispatched .

4. Subject of the contract, quality, delivery, availability of goods when purchasing goods


(1) The subject matter of the contract is the goods or services specified by the customer in the context of the order and named in the order and/or order confirmation, at the conditions and final prices specified in the online shop. Mistakes and mistakes are reserved there, especially with regard to the availability of goods.


(2) The nature of the ordered goods results from the product descriptions in the online shop. Images on the website are exemplary only and may not accurately reflect the products; Colors in particular can deviate significantly for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance description are given as precisely as possible, but can show the usual deviations. The properties described here do not represent defects in the products supplied by PlusDental.


(3) If no copies of the product selected by the customer are available at the time the customer places the order, PlusDental will inform the customer of this in the order confirmation. If the product is permanently unavailable, PlusDental will refrain from a declaration of acceptance. In this case, no contract is concluded.


(4) If the product specified by the customer in the order is only temporarily unavailable, PlusDental will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case PlusDental is also entitled to withdraw from the contract. Any payments already made by the customer will be reimbursed immediately. For this reimbursement, PlusDental will use the same means of payment that the customer used for the original transaction. Something else only applies in the case of explicit written agreements between PlusDental and the customer.

5. Subject of the contract, contract term, cancellation of subscriptions


(1) The subject matter of the contract are the goods and services specified by the customer in the context of the order and in the order and/or named goods and services in the subscription selected by the customer. The contract is concluded under the conditions and final prices stated in the online shop. Mistakes and mistakes are reserved there, especially with regard to the availability of goods.


(2) Depending on the "package size", the subscriptions have a contract term of 1 year or 6 months and are automatically extended by the agreed term if they have not been effectively cancelled before the end of the contract period. The cancellation is monthly at the end of the month possible and takes place through a written declaration by the customer to PlusDental by post or email.


(3) For the rest, no. 4 paragraphs (2) and (3) of these General Terms and Conditions apply accordingly.

6. Delivery, prices, shipping costs


(1) When purchasing individual goods, the delivery to the shipping company takes place at the latest two days after receipt of the money. The delivery time is up to five days. PlusDental indicates any deviating delivery times on the respective product page. As part of a subscription, the delivery will be made to the shipping company according to the schedule specified in the contract.


(2) Delivery is only within the EU.


(3) All article prices include the statutory value added tax at the applicable rate. The prices given are retail prices plus shipping costs. The customer receives a VAT invoice.

7. Payment


Payment is made in advance (PayPal, credit card, bank transfer).

8. Damage in transit


(1) If goods are delivered with obvious transport damage, the customer is asked to complain about this error immediately to the deliverer and to contact PlusDental as soon as possible.


(2) Failure to make a complaint or not to make contact has no consequences for the customer's statutory warranty rights, but helps PlusDental to be able to assert its own claims against the carrier or the transport insurance company.

9. Warranty against material defects


(1) Unless otherwise expressly agreed, PlusDental is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.


(2) A guarantee is expressly not accepted. Such a right only exists for the products in the PlusDental online shop if this was expressly granted in the order confirmation for the respective article.


(3) Complaints and warranty claims can be submitted to the

Provide the address given by the provider.

10. retention of title


Until the agreed purchase price has been paid in full, the delivered goods remain the property of PlusDental.

11. Liability


PlusDental is always fully liable for claims based on damage caused by PlusDental or its legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty
  • for guarantee promises, if agreed, or
  • as far as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) through slight negligence on the part of PlusDental or its legal representatives or vicarious agents, PlusDental shall be liable the amount is limited to the foreseeable damage at the time of conclusion of the contract, the occurrence of which must typically be expected


Other than that, claims for damages are excluded.

12. Contract Text


The text of the contract is stored on PlusDental's internal systems. The customer can view the terms and conditions at any time in the PlusDental online shop. The order data and the terms and conditions are sent to the customer together with the order confirmation by e-mail. Once the order has been completed, the order data can no longer be accessed via the Internet for security reasons.

13. Final Provisions


(1) The contract language is German.


(2) The law of the Federal Republic of Germany applies to contracts between PlusDental and the customer, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted to the customer by mandatory provisions of the law of the country in which the consumer usually resides is not withdrawn.


(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the registered office of PlusDental is the place of jurisdiction for all disputes arising from contractual relationships between the customer and PlusDental. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his domicile or habitual abode is not known at the time the action is filed.

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