Mecuris GmbH GT&C
§ 1 Scope
These general terms and conditions apply for all services offered by Mecuris GmbH, Lindwurmstraße 11, 80337 Munich (referred to as Mecuris/us in the following). Deviating or contrary conditions are not honoured unless this has been specifically agreed upon in writing. These GT&C also apply for future business relationships with contractors without us having to make specific reference to them.
§ 2 Registration, conclusion of contract
1. Registration on the portal solution.mecuris.com is required for the use of the services of Mecuris GmbH. Only contractors/companies in terms of § 14 BGB (German Civil Code) are authorised to register. Registration is free of charge; Mecuris is not required to accept an admission or registration. Mecuris is free to decline registration requests at its own discretion and without stating reasons as well as to withdraw access.
2. The data required for registration must be given truthfully and in full and this must be verified with suitable documentation if requested by Mecuris.
3. The presentations of products, properties and prices are non-binding and do not represent a legally binding offer. Only an order made via the provided order process represents a binding offer which Mecuris can accept under the conditions set out there by sending an order confirmation. Mecuris is not required to accept an order.
4. The specific order process is based on the respective specifications of the online portal/online shop used.
§ 3 Conditions of payment and delivery, retention of titlepe
1. All specified prices and costs are net plus the applicable VAT.
2. Payment is done by invoice. Invoices are payable without a deduction within 30 days of the invoice date.
3. The goods remain the property of Mecuris until all accounts from an ongoing business relationship between you and Mecuris are completely settled. You are entitled to resell the reserved goods in the normal course of business; however, you transfer any claims arising from this resale – regardless of whether the reserved goods are combined or blended with another product – in advance to Mecuris for the amount of the invoice. Mecuris accepts this transfer. You are entitled to collect the receivables; however, Mecuris can also collect receivables itself if you fail to make payments.
4. Goods are only delivered by shipment. Unfortunately, retrieving the goods yourself is not possible. Goods will not be delivered to a packing station.
5. The risk of accidental loss and accidental deterioration is transferred to you at the time that Mecuris delivers the goods to the carrier, the freight forwarder or the person or institution tasked with shipment. Amongst businesspeople, the obligation for inspection and reporting of complaints regulated in § 377 HGB (German Commercial Code) applies. If you fail to make a report as regulated therein, the goods are considered approved unless there is a defect which could not be identified during the inspection. This does not apply if Mecuris has fraudulently concealed a defect.
§ 4 Warranty, guarantees, liability
1. Unless expressly agreed otherwise below, statutory warranty rights apply. The statute of limitations for warranty claims is twelve months from the transfer of risk for contractors; the legal statutes of limitations for the right of recourse in accordance with § 478 BGB (German Civil Code) remain unaffected by this. The prerequisite for any warranty rights is that you have properly fulfilled all obligations for inspection and reporting complaints laid out in § 377 HGB (German Commercial Code). If the delivered product is defective or incomplete, we initially have the choice to fulfil the warranty for contractors by way of rectification of the defect (repair) or by way of delivery of a defect-free product (replacement).
2. For contractors, only our specifications and the production descriptions of the manufacturers included in the contract apply as the agreement about the condition of the goods; Mecuris does not assume liability for public statements of other manufacturers or other advertisement statements.
3. Since Mecuris products are individual constructions and deviations concerning the material quality, the tinting, the dimensions and the like can occur due to the production methods used, such minor deviations due not constitute defects. The same applies for differences in dimensions which arise due to shrinking or expansion of the materials used or the geometry of the data. Liability for changes which subsequently occur due to external influences (weather, light, moisture, etc.) is only assumed to the extent that these were caused by improperly executed work.
4. The Mecuris Solution Platform is a tool whose production result depends on the data you enter. If parts are delivered according to designs or data of the ordering party, the guarantee is limited by the fact that the delivered parts were completed according to the provided documents. No guarantee is assumed for suitability to the uses intended by you or for other uses, provided these do not correspond to the uses described by Mecuris.
5. Mecuris does not assume any liability for possible health problems or other damages connected to the goods or other services, either directly or indirectly, which arise for you, your patients, your customers or other third parties to whom you pass on/resell the goods which can be traced back to improper, faulty, imprecise or other false use of the goods as well as the Mecuris Solution Platform.
6. Mecuris does not assume liability and does not promise that its products will have medical, orthopaedic or other effects.
7. Mecuris assumes liability only for intent and gross negligence. Furthermore, Mecuris assumes liability for negligent violation of obligations whose fulfilment is essential for the proper execution of the contract and whose violation threatens the attainment of the contract purpose and on the fulfilment of which you, a customer, regularly rely. In this last case, however, we only assume liability for foreseeable damage typical for the contract. We do not assume liability for negligent violation of obligations other than those named in the preceding sentences. The preceding exclusions of liability do not apply for injury to life, body and health. Moreover, claims for damages are excluded. Liability in accordance with product liability law remains unaffected.
8. Data communication through the Internet cannot be guaranteed at all times or without faults in accordance with current state-of-the-art technology. Mecuris assumes liability in this respect neither for constant nor for uninterrupted availability of its online offers.
§ 5 Use of customer and patient data
1. You entrust us with personal data of yours or of your customers/patients so we can execute your order. In particular, these are so-called health data which we must collect, forward, use and save to execute your order. For this reason, we need privacy consent in line with data protection regulations from every customer/patient in order to hand over the data we need to us. These declarations of consent for collecting, saving and using these personal and/or health data (referred to as data in the following) are essential for the justification, execution and termination of the contract.
2. You are obligated to obtain consent for the collection, saving and use of the data of your customers/patients on the behalf of your customers based on applicable law and on behalf of us based on the following conditions. You guarantee us that, before sending customer/patient data through our system or other ways, you have obtained all necessary declarations of consent for the use of data from the respective customers/patients, in particular:
- Consent for collection, saving and use including handing over of data, provided this is required for the
justification, execution or termination of this contract
- Consent to transfer the data to us in addition to consent for us to use, save and utilizes it and to pass it on in
anonymous form for the purpose of production of the end product
- That you have informed the customer/patients about their option to revoke the existing consent at any time.
3. You release us from any claims from your customers or other third parties which are asserted against us based on possible violations of data protection clauses and which are based on a violation of your obligations of obtaining the consent and approvals required for use.
§ 6 Use of personal data
1. We will only use the personal information given by you (title, name, address, birth date, e-mail address, telephone number, fax number, bank information, credit card number) in accordance with the conditions of German data protection law.
2. Your personal data, provided they are required for the justification, content-related arrangement of or change to the contractual relationship (inventory data) are used exclusively for processing the purchase agreements concluded between us, for example for delivering goods to the address specified by you. Any use of inventory data that goes beyond this for the purpose of advertisement, market research or the needs-based design of our offers requires your explicit consent. You have the option of giving this consent. This declaration of consent is given completely voluntarily and can be called up on our website and revoked by you at any time.
3. Your personal data required to enable the use and invoicing of our offers (usage data) are initially also used only for processing the purchase agreements concluded between us. Such usage data are, in particular, the characteristics of your identification. Such usage data are, in particular, the characteristics of your identification as a user, information about the beginning and end as well as the scope of the respective use of and information on the telemedia you have utilised. Moreover, we will use such usage data for purposes of advertisement, market research and needs-based design of our telemedia for creating user profiles with the use of pseudonyms. You are entitled and have the option of refuting this use of your usage data at firstname.lastname@example.org. Under no circumstances will user profiles be merged with the respective data.
4. If you would like further information or would like to call up or revoke the expressly granted consent to the use of your inventory data or the use of your usage data, our support team is also available at or +49 89 552623-86.
§ 7 Exclusion of expert medical advice
1. The offers from Mecuris are neither professional medical or medicinal services or advice, nor may they be interpreted as such. In particular, they are not a replacement for medical advice. All services are performed exclusively based on the data provided by the customer and can and must not be used as a basis for medical decisions or diagnoses or treatment of symptoms or illnesses.
§ 8 Final provisions
1. Changes or supplements to these terms and conditions must be made in writing. This also applies for the revocation of this requirement of written form.
2. The law of the Federal Republic of Germany applies with the exclusion of UN sales law.
3. The place of performance and the exclusive court of jurisdiction for all disputes arising from or in relation to this contract is the registered office of Mecuris.
4. Should individual provisions of this contract be or become ineffective or contradict legal regulations, this does not affect the remaining contract. The ineffective provision is replaced mutually by the contracting parties with a legally valid provision which most closely resembles the meaning and purpose of the ineffective provision. The preceding regulation also applies for loopholes.