As of 10.09.2026
1.1 These General Terms and Conditions (the "Terms") form the contractual basis of all contracts for the purchase of goods (the "Contract") concluded in the online shop between TTT HealthCare GmbH, Heimat 89, D-14165 Berlin, Germany ("TTT", "we", "us") and its contractual partners (the "Customer").
1.2 The Terms apply to entrepreneurs and merchants as well as to consumers, unless a particular clause states otherwise. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession (sec. 13 German Civil Code, BGB). An entrepreneur is a natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in exercise of their trade, business or profession (sec. 14 BGB); doctors are entrepreneurs in this sense.
1.3 These Terms apply exclusively. Deviating, conflicting or supplementary terms of the Customer become part of the Contract only if and to the extent that we expressly agree to their application in text form.
2.1 (Conclusion of contract) The presentation of goods in the online shop is non-binding and does not constitute a binding offer. By submitting the order via the button "order with obligation to pay", the Customer makes a binding offer to conclude a Contract. We confirm receipt of the order without undue delay by e-mail; this acknowledgement of receipt does not yet constitute acceptance of the offer.
We accept the offer upon full receipt of the payment amount, irrespective of the payment method chosen; the Contract is concluded at that moment. This does not apply to the extent that we have declined the order beforehand (clause 2.11).
If the payment amount does not reach us before delivery, the Contract is concluded by a declaration in text form expressly designated as an "order confirmation", or by handover of the goods to the transport company, whichever occurs first.
A proforma invoice issued by us does not constitute acceptance of the offer and does not create a Contract.
2.2 (Delivery terms) Information on delivery options and delivery times is non-binding unless expressly confirmed by us. If ordered goods are unavailable we will inform the Customer without undue delay and refund any payments already made without undue delay.
2.3 (Delivery clause, passing of risk) We deliver to the delivery address stated by the Customer (the place of destination) in accordance with the DAP (Delivered at Place, named place of destination) rule of Incoterms® 2020.
The risk of accidental loss of and accidental deterioration of the goods passes to the Customer only when the goods are placed at the Customer's disposal at the place of destination. In relation to entrepreneurs this applies by way of derogation from sec. 447 BGB: the risk does not pass upon handover to the person designated to carry out the shipment.
Import clearance and any import VAT, customs duties and other import charges arising in the country of destination are borne by the Customer; they are not included in the purchase price or in the delivery costs.
2.4 (Liability) We have unlimited liability for intent and gross negligence, for culpable injury to life, limb or health, within the scope of a guarantee assumed by us, and under the Product Liability Act.
In cases of simple negligence we are liable only for breach of a material contractual obligation, the fulfilment of which makes the proper performance of the Contract possible in the first place and on the observance of which the Customer may regularly rely; in that case liability is limited to the foreseeable damage typical for the Contract. Liability is otherwise excluded.
These limitations also apply in favour of our legal representatives and vicarious agents.
2.5 (Limitation) The statutory limitation periods apply to warranty and liability.
2.6 (Force majeure) Events of force majeure — in particular fire, flood, strike, lawful lockout, epidemics and pandemics, and armed conflict — which delay performance, render it impossible or make it unreasonable, release both parties from the obligation to perform for the duration and to the extent of the disruption. Both parties inform each other without undue delay. The Contract remains in force; if no end to the disruption is foreseeable, the parties will adapt the Contract to the changed circumstances in good faith.
2.7 (Retention of title) The delivered goods remain our property until payment in full. In the event of seizure, attachment or other access by third parties, the Customer must notify us without undue delay and provide the information required to assert our rights.
2.8 (Prices) All prices are stated in euros. For consumers, the prices stated are total prices and include statutory VAT. For entrepreneurs, net prices are stated; VAT, where applicable, is shown separately during the ordering process.
2.9 (Delivery costs) Delivery costs are shown separately during the ordering process before the order is submitted and are included in the total amount displayed.
2.10 (Payment terms) The accepted payment methods are shown during the ordering process. Payment is due upon ordering unless otherwise agreed. Where payment is made by bank transfer we issue a proforma invoice; we are entitled to withhold dispatch until payment has been received in full.
2.11 (Medical devices) The goods offered are predominantly medical devices which, according to the manufacturer's intended purpose, are intended for use by medically trained professionals. By placing an order the Customer confirms that they are acquiring the goods in the course of their professional activity or that they possess the expertise required for their use. We are entitled not to accept an order where this condition is evidently not met. The Customer must observe the instructions for use supplied with the product.
2.12 (Data protection) Where personal data is collected, processed and used in connection with the Contract, this is done in compliance with the statutory provisions. The privacy notice is available at https://not-heine.com/privacy/.
2.13 (Guarantee) We provide our own guarantee for the goods we supply. The guarantee statement — its content, duration, territorial scope and the procedure for making a claim — is supplied with the goods in text form and is additionally available at https://not-heine.com/customers/guarantee/. The Customer's statutory rights in respect of defects exist free of charge alongside the guarantee and are not restricted by it.
2.14 (No right of withdrawal outside the EU) The statutory right of withdrawal is excluded for consumers who, at the time the Contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at that time are outside the European Union.
3.1 (Text form) Where text form is agreed or provided for in these Terms, it is also satisfied by transmission by e-mail.
3.2 (Severability) The possible invalidity of individual clauses of these Terms does not affect the validity of the remaining provisions.
3.3 (Choice of law) German law applies to these Terms and to all legal relations between TTT and the Customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (Art. 6(2) Rome I Regulation).
3.4 (Place of performance, jurisdiction) The place of performance for our delivery obligation is the place of destination stated by the Customer (clause 2.3). The place of performance for the Customer's payment obligation and for all other obligations is Berlin.
The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Berlin, provided the Customer is a merchant, a legal person under public law or a special fund under public law. In relation to consumers, the statutory places of jurisdiction apply.
3.5 (Consumer dispute resolution) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (sec. 36(1) no. 1 VSBG).
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