Terms of Service | StimaWELL EMS
Directly from the manufacturer
30 years of EMS experience
SERVICE [at] STIMAWELL-EMS.DE

Terms of Service

GENERAL TERMS AND CONDITIONS

1. SCOPE OF APPLICATION

The following terms and conditions apply to all orders placed via our online shop.

2. CONTRACTING PARTY, CUSTOMER SERVICE

The purchase contract is concluded with Schwa-Medico Medizinische Apparate Vertriebsgesellschaft mit beschränkter Haftung. Further information about us can be found in the imprint. You can reach our customer service for questions, complaints and objections at service[at]stimawell-ems.de.

3. CONCLUSION OF CONTRACT

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking the order button you place a binding order for the goods contained in the shopping basket. The confirmation of the order takes place immediately after sending the order. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within two days.
Unless you have chosen credit card payment. Then the contract is in any case concluded at the time of the credit card charge (at the conclusion of the order).
Unless you have chosen the payment method PayPal. The contract is then concluded in any case at the time of confirmation of the payment order with the payment service provider.
Unless you have chosen the Sofortüberweisung payment method. The contract is then concluded in any case at the time of confirmation of the payment order with the payment service provider.
A condition for an effective conclusion of the contract is always that the order process is concluded by sending the order.

4. SHIPPING AND DELIVERY COSTS

The shipping of the orders is carried out exclusively to Germany and is carried out with the parcel service GLS. A delivery by transporter is necessary in individual cases for large goods. In addition to the indicated product prices, shipping costs will be added. The shipping costs are € 5,40 incl. VAT. Orders from a value of € 75,- incl. VAT are free of shipping costs.

5. PAYMENT

Payment is made by credit card (Visa and Mastercard), Maestro, PayPal, Sofortüberweisung and SEPA direct debit (only for ordering rental packages).

Credit Card
Your credit card will be charged when your order is completed.

Paypal
You pay the invoice amount via the online provider Paypal. As a matter of principle, you must be registered there or register first, legitimize with your access data and confirm the payment order to us (exception: guest access if applicable). You will receive further information during the ordering process.

Sofortüberweisung (instant bank transfer)
We also offer immediate bank transfer with the service Sofortüberweisung. We will receive the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Sofort AG's secure payment form, which is not accessible to merchants, automatically and in real time sets up a bank transfer in your online bank account. The purchase amount is transferred immediately and directly to the merchant's bank account. Our service is free of charge for you as a customer, only the fees (transfer fee) of your bank will be charged.
At the end of the order process, a pre-filled form will appear. This already contains our bank details. In addition, the form already displays the transfer amount and the purpose of the transfer. You must now select the country in which you have your online banking account and enter the bank code. Then enter the same data as for online banking registration (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards.
In principle, every Internet user can use Sofortüberweisung as payment method if he has an activated online banking account with PIN/TAN procedure. Please note that Sofortüberweisung is not yet available at a few banks. For more information on whether your bank supports this service, please visit: https://www.payment-network.com/de/user/sofortueberweisung-bankensuche.html.

6. COLLECTION BY THE CUSTOMER

We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself.

7. PACKSTATION from DHL

We do not deliver to Packstation.

8. RETENTION OF TITLE

The goods remain our property until full payment has been received.

9. TRANSPORT DAMAGE

If goods are delivered with obvious transport damage, please complain about such damages to the carrier as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to meet our own requirements.

10. REVOCATION INSTRUCTION

Below you will find information on the conditions and consequences of the statutory right of withdrawal for shipping orders.

 

Right of Revocation

You have the right to revoke this contract within fourteen days without giving reasons. The time limit for revocation is fourteen days from the day on which you or a third party appointed by you who is not the carrier took or has taken possession of the goods.

In order to use your right of revocation, you must give us

schwa-medico Medizinische Apparate Vertriebsgesellschaft with limited liability
Wetzlarer Str. 41-43 
 35630 Ehringshausen, Germany
info[at]schwa-medico.de
Phone: + 49 6443 8333 -0
Fax: +49 6443 8333 -119​

by means of a precise declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can complete and submit your cancellation electronically by using the form on our website https://schwa-medico.de/de/widerrufsformular, but this is not mandatory. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such revocation.

In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.

Consequences of the Revocation

If you cancel this agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking the quality, properties and functioning of the goods.

The right of revocation does not apply to the following contracts:
Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygienic reasons if their seal has been removed after delivery.

End of the Revocation Instruction

11. COST BEARING AGREEMENT WHEN EXERCISING THE RIGHT OF REVOCATION

We make use of the option of imposing the costs of return to you within the exercise of the statutory right of revocation as follows: You must bear the regular costs of return if the delivered goods correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros, or if you have not yet rendered the consideration or a contractually agreed partial payment at the time of revocation in the case of a higher price of the goods.

12. CONTRACT TEXT STORAGE

We save the text of the contract and send you the order data and our general terms and conditions by email. You can also view the General Terms and Conditions here on this page at any time. For security reasons, your past orders are no longer accessible via the Internet.

13. LANGUAGE OF THE CONTRACT

The languages available for the conclusion of the contract are German and English.

14. NOTE ACCORDING TO BATTERY LAW (GERMAN LEGISLATION)

Since our shipments may contain batteries and rechargeable batteries, we are obliged under the german Battery Act (BattG) to inform you of the following: Batteries and rechargeable batteries may not be disposed of with household waste, but you are legally obliged to return used batteries and rechargeable batteries. Used batteries can contain harmful substances that can damage the environment or your health if not stored or disposed of properly. Batteries also contain important raw materials such as iron, zinc, manganese or nickel and can be recycled. After use, you can either return the batteries to us or return them free of charge in the immediate vicinity (e.g. in shops or municipal collection points or in our shipping warehouse). Distribution to points of sale is limited to the usual quantities for end users and to those used batteries which the distributor carries or has in its range as new batteries. The sign with the crossed-out dustbin means that you must not dispose of batteries and rechargeable batteries in domestic waste. Under this symbol you will also find the following symbols with the following meaning:
Pb: Battery contains lead
Cd: Battery contains cadmium
Hg: Battery contains mercury

15. ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 ABS. 1 ODR-VO AND § 36 VSBG

The European Commission is providing an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr/ .
We are not obliged and in principle not prepared to participate in a dispute settlement procedure before a consumer arbitration board.

16. SEVERABILITY CLAUSE

Should individual clauses of the contract, including this clause, be or become wholly or partially invalid or should the contract have an unforeseen gap, the validity of the remaining clauses or parts of such clauses shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.

schwa-medico Medizinische Apparate Vertriebsgesellschaft mit beschränkter Haftung (limited liability company)