General Terms and Conditions

1. The user and scope of these GTC

1.1. These General Terms and Conditions ("GTC") are the GTC of My Implant Business GmbH, Waterkamp 24a, 59075 Hamm, Germany ("Company").

1.2. The Company bases all contracts for the purchase and/or delivery of goods concluded via the Online Shop operated by it at https://www.myimplantbusiness.com/ ("Online Shop") on these GTCs.

2. Scope of Application

2.1. The GTC are an integral part of all contracts for the supply of goods that natural or legal persons ("Customers" or the "Customer") conclude with the Company.

2.2. The Company is only willing to conclude contracts with Customers who are not consumers within the meaning of the German Civil Code (BGB) and are therefore entrepreneurs. Entrepreneurs are natural and legal persons or partnerships with legal capacity for whom this contract is part of the operation of their business; consumers are any person to whom this does not apply. By concluding a contract within the scope of these GTC (supra 1.), the Customer bindingly declares that he is an entrepreneur.

2.3. Should the Customer also use general terms and conditions, these shall not become part of the contract unless the Company expressly agrees to this in writing.

2.4. Insofar as personal expressions in these GTC use only one grammatical gender, they shall be understood to include all genders.

3. Types of service

3.1. General Products: The Company offers to its Customers various products in the field of dental medicine, implantology and hard and soft tissue management (e.g. oral surgery instruments, surgical caps, textbooks) in the Online Shop. These products are available for purchase by any Customer and their purchase does not require the prior acquisition of an additional qualification.

3.2. Special Products: In addition, the Company offers its Customers products in the Online Shop, the purchase of which is subject to certain requirements and is therefore not readily available to every Customer. As a rule, the purchase of these Special Products is only accessible to Customers if and as long as they have acquired the status of active participant in a training and further education programme offered by the Company and have acquired the necessary qualification in this context. A further requirement is regularly that the Customer is based within the European Economic Area or Switzerland. However, depending on the specific requirements, the Company reserves the right to supplement or amend the conditions for the purchase of Special Products. The acquisition of Special Products is always subject to the fulfilment of the respective requirements. Even though it should only be technically possible for Customers to acquire the Special Products if they fulfil the relevant requirements, the Customers themselves are solely responsible and liable, if those conditions were not met at the time of purchase.

4. User account, email address provided by the Customer

4.1. In order to be able to purchase products in the Online Shop, the Customer is obliged to set up his own password-protected user account on the website of the Online Shop. However, this user account is a service that can be unilaterally cancelled by the Company at any time and to which there is no entitlement. In particular, the data stored therein may be deleted by the Company at any time.

4.2. The information provided by the Customer when registering the user account must be correct and rightly reflect the identity of the Customer. The Company must be notified immediately of any changes to the Customer's personal data and these must be changed in the user account.

4.3. The access data created for the user account, in particular the password, may not be passed on to third parties. If the Customer has nevertheless made these access data accessible to third parties, he agrees that the orders placed by third parties using the user account shall also bind the Customer. The Customer is therefore also liable for the payment of these goods.

4.4. All correspondence, the conclusion of contracts and other contact is usually undertaken by email and with automated processes integrated into the Online Shop. The Customer must ensure that the email address provided by him is correct and that the emails sent to it by the Company can be received. The Customer is also obliged to regularly check the junk or spam folder.

4.5. Active or former participants in a training and further education programme offered by the Company must provide an email address to the respective platform through which they purchase these services in order to purchase access to any such training or further education programme. They are required to use the same email address upon registering their user account in the Online Shop to enable the Company to assess whether the Customer is entitled to purchase a product of the category “Special Products” within the meaning of point 3.2.

5. Online Shop, product descriptions, limitation of goods

5.1. The Online Shop contains various goods and services together with their product descriptions and prices. Unless otherwise stated, the prices quoted are net prices and statutory VAT is added accordingly. Any delivery and shipping costs are also listed separately.

5.2. If the Company presents or describes its services, whether on its website, in other media or in direct communication with the Customer, this serves exclusively to provide potential customers with non-binding information. This does not constitute an offer by the Company, but these descriptions are always subject to change and without guarantee.

5.3. The Company expressly reserves the right to limit the number of products that a Customer can purchase. These limitations are at the sole discretion of the Company and require no justification. Customers are prohibited from attempting to circumvent these limits. Should Customers nevertheless succeed in purchasing more goods by circumventing the limitation, the Company shall be free to cancel the contract either in its entirety or only in respect of the part exceeding the limitation.

6. Conclusion of contract, ordering process and Customer's obligation to reconfirm

6.1 .An order form is integrated into the Online Shop, which the Customer can use to submit an offer to purchase or order one or more goods. The Customer selects goods, places them in the digital shopping basket and continues with the order process.

6.2. Before the Customer submits the offer, he has the opportunity to assess and reconfirm again if all the information he has provided and other contractual conditions, in particular the goods to be purchased, their price and the delivery costs, are correct. The Customer is also obliged to do so.

6.3. After reviewing the contract content, the Customer must confirm the validity of the General Terms and Conditions (GTC) by clicking the checkbox 'I have read and accept the General Terms and Conditions (GTC)' and then proceed to complete the order process by clicking a button. This constitutes a legally binding offer by the Customer to enter into a purchase contract with the Company.

6.4. The Company shall save the text of the contract and send it to the Customer with an automatically generated email to confirm receipt of the order. This confirmation of receipt of the order sent automatically by the Company does not constitute a binding acceptance of the Customer's offer by the Company. When the order confirmation is sent, the text of the contract is permanently saved and made accessible to the Customer.

6.5. The Company is also free to accept the Customer's offer only in part, in particular if the Customer has ordered more goods than would be permissible according to the Company's limitation (supra 5.3.).

6.6. The Company is also free to accept the Customer's offer only in part, in particular if the Customer has ordered more goods than would be permissible according to the Company's limitation (supra 5.3.).

6.7. Acceptance of the Customer's offer by the Company shall be effected by the Company by email or by delivery of the ordered goods to the Customer. The contract will be considered concluded once the order confirmation or goods are delivered to the Customer.

6.8. Before placing an order, the Customer must undergo a manual address verification process. This process verifies if the provided address matches the registered office of a clinic operating in the dental sector.

6.9. If the Customer submits an offer for the purchase of a product in the "Special Products" category, the following shall apply in addition to the modalities described under points 6.1 to 6.8:

6.9.1. Before placing an order, the Customer must undergo an additional verification process to the one described under point 6.8. in order to verify if the Customer resides within the European Economic Area or Switzerland. The Customer is obliged to provide truthful information and the Company reiterates that it only sells Special Products to Customers based within the European Economic Area or Switzerland.

6.9.2. The Customer is obliged to have the status of an active participant in a training and further education programme offered by the Company at the time of submitting its offer.

6.9.3. The successful completion of the qualification within the framework of the online course referred to in this point 6.8.2 is a mandatory prerequisite for the purchase of a product in this category. The order will not be processed by the Company before the Customer has provided proof of having acquired the necessary qualification and, in particular, the Company is not obliged to do so.

7. Payment

7.1. The full price, including delivery costs, is due immediately upon submission of the offer by the Customer and must be paid by the Customer. The order does not have to be processed further by the Company before it has been paid in full. In any case, the goods shall not be dispatched to the Customer until the price and delivery costs have been paid.

7.2. To pay for the purchase, the Customer can choose between two payment methods: PayPal or Credit Card. The selected method should be included in the offer.

7.3. When selecting a payment method offered by "PayPal", the Customer uses the services of the payment service provider PayPal (Europe) S.à.r.l. et Cie S.C.A. This is an independent third party service provider, which is why the contractual relationship between PayPal and the Customer is also independent of the contract between the Company and its Customer. We emphasize here for information purposes only that the contractual relationship between PayPal and the Customer is governed by PayPal's Terms of Use, which can be accessed at the following link: https://www.paypal.com/de/legalhub/useragreement-full.

7.4. For contracts relating to countries outside the European Union (e.g. delivery to or transfers from there), additional costs may be incurred in individual cases. In particular, these may be additional costs for payment transactions (transfer charges, exchange fees, etc.) or costs for importing goods (customs duties, other charges, etc.). These costs shall be borne by the Customer.

8. Electronic Instructions for Use and use of the products

8.1. After purchasing a product, the Customer is entitled to download instructions for use in electronic form ("eIFU") for the respective product. The Company provides the respective eIFU in a variety of languages via its Online Shop or another platform. The link to the respective eIFU is printed on the product packaging.

8.2. Before the Customer can download the relevant eIFU, he must enter his e-mail address. The Customer is obliged to enter his e-mail address correctly.

8.3. The Company is legally obliged to inform the Customer via this e-mail address within five years if there are any changes to the respective eIFU. The email address will be stored and processed by the Company for this purpose.

8.4. If the Company offers to provide an eIFU for the product purchased by the Customer on its fhop, the Customer is obliged to use the respective product exclusively in accordance with the specifications contained in the eIFU. The Customer shall be solely responsible for any use that deviates from or contradicts the specifications of the eIFU and any resulting damages and disadvantages.

9. Prohibition of the sale of certain products to third parties

9.1. The Customer undertakes to use the Special Products purchased by him exclusively within the scope of his own business activities and therefore to use them only for his own patients. Any resale outside the dental practice, in particular the resale of these products, is prohibited.

9.2. If the Customer breaches this obligation under point 9.1. and resells the products to a third party outside his dental practice, he must render accounts to the Company for the sales made. The Customer shall be liable to the Company for the profit made by him from these resales as liquidated damages, whereby the Company shall be at liberty to claim all further disadvantages and costs incurred as a result.

10. Limitation Period and Preclusion

10.1. All claims of the Customer against the Company shall lapse if they are not asserted in court by the Customer within six months of the time at which the Customer becomes aware of the damage and the person causing the damage or of the event otherwise giving rise to the claim, but at the latest after the expiry of three years after the behaviour giving rise to the claim. This applies insofar as no shorter limitation or preclusive period is provided for by law.

11. Liability and Warranty, no Right of Return

11.1. The Customer must inspect the deliveries provided by the Company immediately after their provision, at the latest within two days. Any defects or damages that are not reported to the Company in writing within this two-day period can no longer be claimed.

11.2. In the event that the delivery is defective or damaged, the Company shall be free to choose whether it wishes to improve or replace it, or whether it wishes to reduce the price or cancel the contract.

11.3. The reversal of the burden of proof (§ 477 BGB) to the detriment of the Company is expressly excluded. The Customer must prove the existence of a defect at the time of handover of the goods, the time of discovery of the defectiveness of the goods and the timeliness of his notification of defects.

11.4. The Company shall be liable for property damage and financial loss if it can be proven to have acted with intent or gross negligence. This shall apply irrespective of whether direct or indirect damages, loss of profit or consequential damages, damages due to delay, impossibility, positive breach of contract, culpa in contrahendo, defective or incomplete performance are involved. The Company shall not be liable for damages caused by slight negligence, with the exception of personal injury. The Customer must prove the existence of gross negligence and intent.

11.5. In any case, the Client shall be liable to the Company for all damages and disadvantages arising from incorrect information provided by the Client, in particular with regard to the lack of requirements for the purchase of the Special Products (supra 6.8.), incorrect information in relation to the user account (supra 4.) or circumvention of the limitation of products (supra 5.3.).

11.6. Due to the nature of the products offered by the Company, the Customer does not have the right to cancel contracts concluded with the Company via a website operated or used by the Company or, if applicable, by letter, email or telephone. The return of products is therefore excluded.

12. Choice of Law and Place of Jurisdiction

12.1. German law shall apply to all legal relationships between the Company and the Customer, in particular to claims arising from or in connection with the contractual relationship governed by these General Terms and Conditions, in exclusion of the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.

12.2. All disputes arising from or in connection with this contract shall be subject to the exclusive jurisdiction of the courts having subject-matter jurisdiction for the registered office of the Company.

12.3. However, despite the exclusive jurisdiction agreement in the previous point, the Company remains entitled to assert its claims before the courts at the Customer's registered office.

13. Final Provisions

13.1. All correspondence, the conclusion of contracts and other contact is usually undertaken by email. The customer must ensure that the email address provided by him is correct and that the emails sent to it by the Company can be received. The Customer is also obliged to regularly check the junk or spam folder.

13.2. Insofar as written form is required, this shall also be fulfilled by emails or text-based communication via a website, but not by SMS or other messaging services.

13.3. Should any provision of the contract between the Company and the Customer, including these GTC, be or become void, invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the remaining provisions. In place of the void, ineffective or unenforceable provision, the effective or enforceable provision that comes closest to the economic result of the ineffective or unenforceable provision shall be deemed to have been agreed.

13.4. The Customer expressly agrees that the Company may process, transfer or transmit (within the meaning of the Federal Data Protection Act, Bundesdatenschutzgesetz) the personal data relating to the Customer and/or the Customer's company to the extent that this is necessary and expedient for the fulfilment of the tasks assigned to the Company by the Customer or results from statutory or professional obligations of the Company.