General Terms and Conditions

  1. Scope
    1. All natural or legal persons who retrieve the information on the website www.medcem.eu or purchase the available products of Medcem GmbH, based in Vienna and its business address Pichlergasse 3/4, A-1090 Vienna (hereinafter referred to as "Medcem"), the following terms and conditions (referred to as "conditions" in the following) shall apply in the respectively current version.
    2. Our terms and conditions shall apply exclusively. Conditions opposing or deviating from our terms and conditions and / or conditions of the customer will not be recognized unless Medcem has approved these in writing in individual cases.
  1. Registration and Authorization
    1. Each order of goods is subject to prior written notification by the customer and its acceptance by Medcem. Medcem is however not obligated to approve the acceptance requested by a customer. The Multiple registration of a customer under different names and addresses is not allowed..
    2. One-time or small orders can be made in the online shop also without registration. In this case, the customer has to place the order as a "guest".
    3. Only dentists, physicians, group practices of dentists or doctors, pharmacies and dental depots are accepted for registration. Customers are not consumers within the meaning of the Consumer Protection Act (KSchG).
    4. Successful registration does not legally entitle a person to authorization by Medcem. Once granted, authorization may be revoked by Medcem at any time without notice for any reason with immediate effect. Medcem is entitled to block the user name and password.
  1. Conclusion of the Agreement
    1. The contract is concluded at the time of the electronic confirmation of the customer's order by Medcem. From then on, the customer may no longer change or withdraw the order or withdraw from the legally concluded contract.
  1. Products and Product Description
    1. Medcem is careful to provide accurate product information; this however does not allow any claims to be made against Medcem. The product descriptions and illustrations are not binding. Customers are encouraged to inform themselves concerning the proper use of the products from the package inserts etc...
    2. In the event of typographical errors in our offers, also as regards pricing, Medcem is entitled to withdraw from the contract without delivery.
    3. All prices are prices are in Euros, excl. VAT and shipping costs, unless explicitly stated otherwise or agreed. For exports abroad, the net price is in Euro including VAT. The customer bears the shipping costs and any import duties, taxes, etc.
  1. Delivery
    1. Medcem delivers the goods to the address specified by the customer in the order. The delivery time is usually two (2) to five (5) business days for deliveries within Austria and the countries of the European Union (EU). For deliveries to other EU countries, the delivery time depends on the time spent on customs clearance which may vary according to the country. Customs clearance can lead to delays for which Medcem accepts no responsibility. Medcem has no influence on customs clearance and on any duties payable by the customer. The delivery times are approximate times and therefore not binding for Medcem. Schedule variations are possible and any claims by customers towards Medcem resulting from a delay in delivery, are, independent of the reason, excluded. In the event that one of our suppliers no longer supplies the goods ordered, we are entitled to withdraw from the contract. In this case Medcem will immediately inform the customer about the non-delivery and refund the already paid purchase price in full. The delivery of the goods is carried out through the mail or a courier service.
  1. Payment and Reservation of Ownership
    1. The payment by the customer is carried out exclusively by prepayment to the account specified by Medcem in the framework of the order. The order will be processed after receipt of the full purchase price (incl. any due VAT and shipping costs).
    2. If the goods are to be sent without prepayment to the customer, the goods sold shall remain the property of Medecem until full payment is made by the customer to Medcem. The ownership of the goods is therefore transferred to the customer only upon full payment of the purchase price.
  1. Warranty and Liability
    1. The customer has to examine the product immediately upon receipt and register any apparent defects or incorrect deliveries in writing within a week to Medcem. In this case, the defective product should be carefully packaged and returned to Medcem. A later complaint cannot be considered and will not entitle the customer to any claims (warranty, compensation, contract cancellation, etc) against Medcem..
    2. The liability of Medcem, their officers, employees, representatives and agents is limited to intent and gross negligence. The liability of Medcem for slight negligence is expressly excluded. Any liability of the manufacturer or Medcem in accordance with the Austrian Product Liability Act (PHG) is unaffected.
    3. Mistakenly placed, incorrect orders give no right to return and refund Medcem has fulfilled its contractual obligations with the handover of the customer purchased products at the post office or to another shipper. From this point, the benefits and risks are transferred to the customer.
    4. The customer ensures a complete and immediate traceability of the product to each end user. Pursuant to Medcem's instructions, the customer is obliged to inform the end user of changes in products and in the case of a batch recall.
  1. Tariffs, Import Restrictions
    1. For goods imported into countries outside the European Union, import duties which exclusively the customer has to bear. These vary in different customs territories. The customer is responsible for the proper payment of duties, fees and charges. Export and import duties, fees and charges are not shipping costs.
    2. Products may be subject to special import restrictions. The customer has to inform themselves about the respective import regulations and comply with them. Any liability of Medcem in this regard is excluded and the customer shall indemnify Medcem in this respect against all claims and actions..
  1. Business Address
    1. The business address of Medcem reads: Medcem GmbH, Pichlergasse 3/4, A-1090 Vienna. Requests, deliveries and returns are to be sent exclusively to that address.
  1. Data Protection
    1. All data which Medcem receives from the customer for the delivery, control of authorization and billing, are to be stored electronically. The data are subject to the legal data protection regulations and are used only for internal purposes. The customer expressly agrees to this storage and the internal use of these data by Medcem.
    2. With the application for approval, the cusomer agrees to the use of the e-mail address by Medcem for the delivery of information and newsletters. This consent may be withdrawn at any time and the user account will be deleted. Medcem can view and edit the user information of a customer at any time in the protected area of the website after registration. For the deletion of the user information of a customer and the approval, customers can contact i¬nfo@medcem.at.
  1. CE-Nummer
    1. Medcem confirms that the product, includes the CE number CE-1250, thus meeting the requirements of the European Commission (EU Regulation 765/2008, in the applicable version).
  1. Applicable Law and Jurisdiction
    1. The provisions of the substantive law of the Republic of Austria, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG), even if the legal domicile of the customer is established outside Austria.
    2. The exclusive jurisdiction for any dispute or claim arising out of or in connection with this contract or arising from a customer's order at Medcem, including disputes about its validity, infringement, cancellation or invalidity, is the Vienna Commercial Court. Medcem is permitted however, to sue in the ordinary place of jurisdiction of the customer.

Vienna, February 15, 2016