§ 1 Basic provisions

(1) The following General Terms and Conditions (GTC) apply to all contracts that you conclude with unizell Medicare GmbH by telephone, in writing or electronically. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected. The seller's details are: unizell Medicare GmbH, Pohnsdorfer Str. 3, 23611 Bad Schwartau, phone: 0451 39890-690, e-mail: info@unizell.de. (2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and/or services. Our offers are non-binding and not a binding offer to conclude a contract. (2) You can submit a binding purchase offer by telephone, in writing or electronically. By placing an order, you are submitting a binding offer to us. (3) The contract is only concluded when we issue a declaration of acceptance, which is sent either by a separate e-mail to the e-mail address you provided when placing the order, by post, by telephone or at the latest when the goods are dispatched to you. (4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by telephone, in writing or electronically, in some cases automatically. You must therefore ensure that the contact details you have provided to us are correct.

§ 3 Subscription orders

(1) When you order a monthly subscription, you are making an offer to purchase the ordered goods on a regular monthly basis at the same purchase price for the duration of the subscription. The contract is in turn concluded as described under § 2. (2) The details of the respective subscription and product can be found in the respective product description. (3) The contractual relationship then concluded has a duration of one month and is automatically extended by a further month unless the subscription is cancelled by you or by us beforehand. The contractual relationship can be cancelled without notice to the end of the contract.

§ 4 Right of retention, retention of title, transfer of risk

((1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship. (2) The goods shall remain our property until the purchase price has been paid in full. (3) If you are an entrepreneur, the following shall apply in addition: a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted. You must inform us immediately in writing if an application is made to open insolvency proceedings or if third parties seize the goods belonging to us (e.g. seizures). b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves. c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released. (4) If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during dispatch shall only pass to you when the goods are handed over to you, irrespective of whether the dispatch is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and despatch shall be at your risk.
§ 5 Warranty

((1) The statutory warranty rights apply. (2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims: (3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions: a) Only our own information and the manufacturer's product description shall be deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer. b) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a location other than the place of fulfilment, provided that the transport does not correspond to the intended use of the goods. c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply: - in the event of culpably caused damage attributable to us arising from injury to life, limb or health and in the event of other damage caused intentionally or through gross negligence; - in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligations); - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item or insofar as the scope of application of the Product Liability Act is opened.

§ 6 Liability

(1) We shall only be liable to you or any third parties included in the protective effect of contracts for damages for which we are responsible - regardless of the legal grounds - if the damage a) is caused by culpable breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligations) or in a manner that endangers the achievement of the purpose of the contract b) is at least due to gross negligence on our part or on the part of our legal representatives or vicarious agents. (2) If we are liable without gross negligence or wilful intent, liability shall be limited to the extent of damage that we typically had to expect at the time the contract was concluded based on the circumstances known to us at that time. (3) All of the above limitations of liability shall not apply in the case of mandatory statutory liability regulations (e.g. based on the Product Liability Act) and in the case of injury to life, limb or health.
§ 7 Right of cancellation for consumers

If you are a consumer, you have the right to cancel the contract concluded with us within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise the right to cancel, you must inform us (unizell Medicare GmbH, Pohnsdorfer Straße 3, 23611 Bad Schwartau, Germany) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall 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 that is not necessary for checking their condition, properties and functionality.
Exclusion of the right of withdrawal:

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts: - contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded or - contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
§ 8 Other

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply. (3) Should these GTC or a contract concluded between the parties be or become incomplete or unenforceable or invalid in individual provisions, they shall otherwise remain valid. (4) The unenforceable provision shall be replaced by an enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the unenforceable provision. (5) Insofar as provisions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions. (6) The place of jurisdiction for all contractual disputes is the registered office of the seller, provided that both contracting parties are merchants, legal entities under public law or special funds under public law. (7) For online transactions, the European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.