General Terms and Conditions
of Medpalett AS, registered in the Register of Enterprises of the Brønnøysund Register Center, 987 444 053.
Represented by Managing Director Kristian Larsen
Business address: Hanaveien 4-6, 4327 Sandnes, Norway
We deliver our goods and provide services exclusively on the basis of these General Terms and Conditions in the version valid at the time the order is placed. Conflicting or additional general terms and conditions shall be an element of the contract only if and to the extent that we explicitly agreed to them in writing (in written form or electronically). This approval requirement shall apply in any event, for example also if, with knowledge of your General Terms and Conditions, we accept your offer unconditionally.
2. Conclusion of contracts
Our offers on the internet at "www.medox.no/uk" are non-binding invitations to customers to order goods from us. Your purchase order is deemed to be an offer to conclude a purchase agreement with us. Once you submit a purchase order, you will receive an e-mail confirming receipt of your purchase order (order confirmation). The agreement comes into existence upon receipt of our order confirmation.
3. Guidance regarding consumers' cancellation right
If the purchase order is not associated with your commercial or self-employed professional activities, you may cancel this agreement within fourteen (14) days without stating any reason. The aforementioned fourteen (14) days period shall commence on the day on which you or a named third party, who is not the carrier, takes or has taken possession of the goods. If the agreement includes several goods that you ordered within the scope of one purchase order and that are delivered separately, the aforementioned period shall commence on the day on which you or a named third party, who is not the carrier, accepts or has accepted the final partial delivery or the final item.
To exercise your cancellation right, you must inform us by means of a clear statement (e.g. an e-mail) regarding your decision to cancel this agreement.
The cancellation should be sent to:
To comply with the aforementioned period fourteen (14) days period, it is sufficient that you send your statement informing us that you wish to exercise your cancellation right before the period expires.
Consequences of cancellation
If you cancel this agreement, we will return all payments that we have received from you, including delivery costs (excluding additional costs that were incurred because you chose a different form of delivery than the less expensive standard delivery that we offer) without delay but at the latest within fourteen days from the date on which we receive your statement informing us that you wish to cancel this agreement. For this repayment, we will use the same means of payment that you used in the original transaction, unless otherwise agreed; in no case you will be charged for this repayment. We may refuse repayment until we receive the goods or until you provide us with proof that you have returned the goods, depending on whichever is the earlier date.
You must return the goods to the following address without delay and in any case within fourteen days from the date on which you informed us that you wish to cancel this agreement:
To comply with the deadline, it is sufficient that you send the goods before the fourteen-day period has expired. You must pay the direct costs of returning the goods.
As the sender, please state the name of the ordering party and the order number on the package.
You will be responsible for any loss in value of the goods only if this loss in value can be attributed to you handling the goods unnecessarily in excess of simply checking their properties, condition or functions.
End of the guidance regarding cancellation right
4. Exclusion of cancellation rights
You have no right of cancellation, (i) if the purchase of the goods is for your commercial or self-employed professional activities (Section 14 German Civil Code (BGB)) and/or (ii) for contracts to deliver goods that could spoil quickly or where the expiration date would be quickly exceeded, and/or (iii) for contracts to deliver sealed goods that are not suitable for return for reasons of health protection or hygiene if the seal was removed after delivery.
When goods have been delivered to the address specified by you, the risk passes to you. If, while we are processing your purchase order, we discover that goods that you ordered are not available, we will notify you of this by e-mail.
Deliveries to countries outside Norway, Sweden, or Germany may not exceed a value of 3.000 (three Thousand) Norwegian Krone (NOK). Please be advised that these deliveries may be subject to import duties or taxes. You will be responsible for these import duties or taxes and for any other additional charges associated with customs clearance. Contact your local customs authority for more information. Please also be advised that you are deemed to be the importer of the purchases and that you must comply with all laws and regulations of the country into which you import the goods. We also draw your attention to the fact that deliveries that cross–border deliveries may be opened and investigated by customs authorities.
Updates to our website ("www.medox.no/uk") invalidate all earlier prices and other information about our goods and services. The prices and other information about our goods and services stated on our website at the time when you place your order are applicable in every case.
You may pay the purchase price by credit card or PayPal.
The purchase price is due upon receipt of the order confirmation. If you are paying by direct debit or credit card, the due amount will be debited against your account directly after we sent your order. The goods will be sent to you only when we have received the purchase price in our account.
If a credit card payment cannot be effected for reasons beyond our control or if, contrary to the agreement, the goods are not accepted upon delivery, notwithstanding any other rights, we may withdraw from the agreement and cancel your order.
9. Retention of title
The goods remain our property until the purchase price has been paid in full. No pledges, assignment as collateral, processing, assembly, reselling or other utilization are permitted without our prior written consent before transfer of ownership.
If you open and/or consume the goods subject to retention of title in spite of this, you shall compensate us.
10. Transportation damage
If goods are delivered with obvious damage to the packaging or contents, you must, notwithstanding your warranty rights, immediately lodge a complaint with the shipping agent or freight forwarding service and refuse to accept delivery. You must also contact us immediately so that we may assert our rights, if any, vis-à-vis the shipping agent or freight forwarding service. Hidden defects must – again notwithstanding any warranty rights – be reported to us immediately upon detection so that we can assert any warranty claims against the shipping agent or freight forwarding service.
Provided that this is not restricted by the regulations below, please make your claims against us as regards faulty goods in accordance with the statutory regulations and deadlines.
Damage caused by inappropriate use or by use in violation of the contract on the part of the customer or by third parties the customers has commissioned, especially for the storage or consumption of Medox®, does not constitute grounds for warranty or other claims against us. Inappropriate use or use in violation of the contract is determined especially also by the relevant information and instructions that we provide. In this context, please especially observe the back of the package.
If a cure has been provided by means of supplementary delivery (replacement delivery), we may arrange to have the damaged goods collected from you or ask you to return the goods to us at our expense within 30 days. We may also claim compensation under the legally regulated prerequisites in addition.
If the purchase was made mainly within the scope of your commercial or self-employed professional activities (Section 14 German Civil Code (BGB), your claims for defects expire by limitation one year after you receive the goods.
We will accept claims for indemnity and compensation, regardless of the cause in law, especially because of a breach of duties resulting from the contractual obligations and/or tort against us, our legal representatives, employees or agents, only if we, our legal representatives, employees or agents have acted with intent or gross negligence.
For slightly negligent breaches of duties we will accept liability only if this concerns duties that are essential to achieve the purpose of the agreement and the observance of which the contracting party regularly trusts and is entitled to expect (cardinal obligations). However, in this case we shall be liable only for foreseeable damage that is typical for an agreement of this type. If the purchase was made mainly within the scope of your commercial or self-employed professional activities (Section 14 German Civil Code (BGB), liability for slight negligence is limited to an amount twice the net invoice value of the delivery or service that caused the damage.
This liability exclusion or limitation shall not apply in case of injury to life, body or health or if the Product Liability Law (ProdHaftG) applies or in other cases of mandatory liability.
If the goods are purchased mainly within the scope of your commercial or self-employed professional activities (Section 14 German Civil Code (BGB)), your claims for compensation or indemnity shall expire one year from the commencement of the time limit stipulated by law. The aforementioned period of limitation shall not apply if we have acted with intent or in case of injury to life, body, or health or if the Product Liability Law (ProdHaftG) applies or in other cases of mandatory liability.
Any information we provide and all further technical advice is based on our best present knowledge and experience. However, it implies no liability or other legal responsibility on our part. We reserve the right to make any changes according to technological progress or further developments. Our information describes only the properties of our goods and does not constitute a guarantee. Reference to trade names used by other companies is neither a recommendation, nor does it imply that similar products could not be used.
13. Data Protection
We draw your attention to the fact that information recorded by us in the initiation and conclusion of the contract is collected, processed, and used by us in compliance with the German Federal Privacy Protection Law (BDSG) and the German Teleservices Law (TMG) to fulfill our contractual obligations. We may impart this information to authorized and (within the meaning of Section 11 of the BDSG) carefully selected partners for the purpose of credit assessment.
14. Online Dispute Resolution Platform
According to the European ODR regulation (Regulation on Online Dispute Resolution for Consumer Disputes), businesses that sell to consumers must include a link to the online dispute resolution platform (ODR platform) in their web shops.
This link is: http://ec.europa.eu/consumers/odr/
Our e-mail address is: email@example.com
For all disputes arising from the contract, the law of the Federal Republic of Germany applies exclusively, excluding the conflict of law principles (private international law). The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.[...]
Subsequent amendments and supplements to the contract and any subsidiary contracts must be in writing. This applies also to the cancellation of this written form provision.
The invalidity of one or more regulations of these General Terms and Conditions does not invalidate the other provisions. The invalid regulation will be replaced by the relevant statutory regulation.
As at: January 2017