Impressum – Legal Notice
dimedis GmbH
Vogelsanger Straße 78
50823 Cologne, Germany
Phone: +49-(0)221 – 921260 – 0
Fax: +49-(0)221 – 921260 – 59
E‑mail: contact@dimedis.de
Represented by:
Patrick Apolinarski
Register entry:
Registered in the commercial register.
Register court: Cologne District Court
Register number: 51787
VAT ID:
VAT registration number according to §27a of the VAT Act:
DE 232 290 857
Responsible for the content (according to § 55 Abs. 2 RStV):
Lorraine Brock, Jaqueline Reifenhäuser
Note on the Online Dispute Resolution Regulation
Under current law, we are obliged to draw consumers’ attention to the existence of the European Online Dispute Resolution platform, which can be used to settle disputes without the need to involve a court of law. The European Commission is responsible for setting up the platform. The European Online Dispute Resolution platform can be found here: http://ec.europa.eu/odr.
Our email is: info@dimedis.de
However, we would like to point out that we are not willing to participate in the dispute resolution procedure within the framework of the European Online Dispute Resolution Platform. To contact us, please use our email and telephone number above.
Note according to the Consumer Dispute Resolution Act (VSBG)
We are not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Disclaimer – legal information
§ 1 Warning regarding content
The free and freely accessible content on this website has been created with the greatest possible care. However, the provider of this website does not guarantee the accuracy and timeliness of the free and freely accessible journalistic guides and news provided. Contributions identified by name reflect the opinion of the respective author and not always the opinion of the provider. No contractual relationship whatsoever comes about between the user and the provider merely by calling up the free and freely accessible content; in this respect, the provider has no intention of entering into a legal relationship.
§ 2 External links
This website contains links to third-party websites (“external links”). These websites are subject to the liability of the respective operators. The provider has checked the third-party content of the external links for possible legal violations when the links were first created. At that time, no violations were evident. The provider has no influence on the current and future design and content of the linked pages. The inclusion of external links does not imply that the provider adopts the content behind the reference or link as his own. It is not reasonable to expect the provider to constantly monitor the external links without concrete evidence of legal violations. However, if we become aware of legal violations, such external links will be deleted immediately.
§ 3 Copyright and ancillary copyright
The content published on this website is subject to German copyright and ancillary copyright law. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the provider or respective copyright holder. This applies in particular to the duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Third-party content and rights are marked as such. The unauthorized reproduction or distribution of individual content or complete pages is not permitted and is punishable by law. Only the production of copies and downloads for personal, private and non-commercial use is permitted.
The presentation of this website in external frames is only permitted with written permission.
§ 4 Special terms of use
If special terms for individual uses of this website differ from the aforementioned paragraphs, this will be explicitly stated at the appropriate place. In this case, the special terms of use shall apply in the respective individual case.
Source: Imprint template from JuraForum.de
General Terms and Conditions
1. Scope of application of the general terms and conditions of dimedis GmbH, Cologne
These general terms and conditions of business and delivery apply to all contracts concluded between dimedis GmbH and the buyer, as well as to all other agreements made within the framework of the business relationship. The customer’s general terms and conditions expressly do not become part of the contract, even if they are not expressly rejected by dimedis GmbH. In the event that the customer does not wish to accept the following general terms and conditions of business and delivery, he must notify dimedis GmbH of this in writing in advance.
2. Payment terms and prices
All invoices issued by dimedis GmbH are payable within five days of the invoice date. The date of receipt of payment by dimedis GmbH is decisive. In the event of default, dimedis GmbH is entitled to withhold further deliveries and services. If the customer is in default of payment, dimedis GmbH is entitled to charge interest at a rate of 5% above the respective valid base interest rate.
All prices are subject to the respective statutory value added tax.
dimedis GmbH is entitled to make partial deliveries.
3. Delivery and shipping
All offers are subject to change. All delivery dates specified by dimedis GmbH are non-binding delivery dates, unless a delivery date has been expressly agreed in writing as binding. If, after placing the order, the buyer requests changes or additions to the order, or if other circumstances arise that make it impossible for dimedis GmbH to meet the delivery date, although dimedis GmbH is not responsible for these circumstances, the delivery date shall be postponed by a reasonable period of time. If dimedis GmbH is prevented from fulfilling the contract in a timely manner, e.g. due to procurement, manufacturing or delivery disruptions at its premises or at those of its suppliers, the general principles of law shall apply, with the proviso that the customer may set a grace period of six weeks after the expiry of one month. If non-compliance with a binding delivery date can be proven to be due to mobilization, war, riot, strike or lockout or other circumstances for which dimedis GmbH is not responsible according to general principles of law, the delivery period shall be reasonably extended. The customer may withdraw from the contract if he sets dimedis GmbH an appropriate grace period after the extended deadline has passed. The withdrawal must be made in writing if dimedis GmbH does not fulfill the contract within the grace period. If dimedis GmbH is unable to fulfill the contract in whole or in part for the aforementioned reasons, it shall be released from its delivery obligation.
The costs for shipment and transport insurance are generally to be borne by the customer, whereby the choice of the shipment route and the type of shipment are at the discretion of dimedis GmbH. The customer is obligated to inspect the goods immediately upon arrival and to report any visible transport damage as well as any damage to the packaging to dimedis GmbH in writing without delay. The same applies to hidden damage. If dimedis GmbH loses its claims against the insurance company or subcontractor due to the failure to meet this obligation, the customer shall be liable for all costs resulting from this breach of obligation. The risk shall pass to the customer as soon as the goods leave the factory or warehouse of dimedis GmbH.
4. Retention of title
Delivered hardware remains the property of dimedis GmbH until full payment of all claims of dimedis GmbH arising from the business relationship with the customer in the main and secondary matter. The customer is obliged to properly insure the items subject to the retention of title of dimedis GmbH (i.e. theft, fire, water and low-voltage insurance) and to provide dimedis GmbH with proof of such insurance upon request. In the event of damage, the customer’s insurance claim is deemed to have been assigned to dimedis GmbH. The customer is not authorized to dispose of the goods subject to retention of title. In the event of seizures or confiscations, the customer must immediately inform dimedis GmbH in writing and must immediately inform third parties of the retention of title of dimedis GmbH in a suitable manner. In the event that the customer nevertheless sells the delivery items and dimedis GmbH approves this, the customer shall assign all claims against his customers to dimedis GmbH upon conclusion of the contract. The customer is obliged to provide dimedis GmbH with all information necessary to assert these rights and to provide the necessary cooperation.
5. Limitation of liability
dimedis GmbH shall be liable in accordance with legal regulations in the event of intent or gross negligence. In the event of slight negligence, dimedis GmbH shall only be liable if a significant contractual obligation (cardinal obligation) has been violated or in the event of default or impossibility. In the event of liability due to slight negligence, this liability shall be limited to such damages as are foreseeable or typical. Liability for the lack of guaranteed properties, for fraudulent intent, for personal injury, for defects of title, under the Product Liability Act and the Federal Data Protection Act shall remain unaffected.
In the event of a claim against dimedis GmbH under warranty or liability, contributory negligence on the part of the customer shall be taken into account, in particular in the case of inadequate error reporting or inadequate data backup. Insufficient data security is deemed to exist in particular if the customer has failed to take precautions by means of appropriate, state-of-the-art security measures against external influences, in particular against computer viruses and other phenomena that could endanger individual data or an entire database.
6. Warranty for hardware
dimedis GmbH warrants that the goods are free from defects that could negate or reduce their value or suitability for their customary use or the use stipulated in the contract.
dimedis GmbH and the customer agree that the explanations and descriptions of both the hardware and software contained in the manual and/or price list do not constitute an assurance of certain properties.
The warranty period shall be twelve months and shall commence on the day of delivery. If the customer is a consumer in the sense of the German Civil Code, the warranty period shall be two years from the date of delivery of the goods. The customer shall immediately notify dimedis GmbH in writing of any defects that occur during the warranty period. If the customer is a merchant, the provisions of § 377 of the German Commercial Code (HGB) shall apply in addition to the commercial law obligation to inspect and give notice of defects, even if instruction in the operation of the system has not been provided.
The warranty does not cover the rectification of defects caused by normal wear and tear, external influences or operating errors. The warranty shall lapse if the customer modifies devices, elements or additional equipment themselves or has them modified by third parties without the consent of dimedis GmbH, unless the customer can fully prove that the defects in question were not caused, either in whole or in part, by such modifications and that the rectification of defects is not impeded by the modification.
If the notification of defects proves to be justified, the customer shall set dimedis GmbH a reasonable deadline for subsequent performance. The customer shall inform dimedis GmbH which type of subsequent performance – improvement of the delivered goods or delivery of new, defect-free goods – he desires. However, dimedis GmbH is entitled to refuse the chosen subsequent performance if it can only be carried out at disproportionate cost to dimedis GmbH and if the other type of subsequent performance would not result in significant disadvantages for the customer. dimedis GmbH can also refuse subsequent performance altogether if it can only be carried out at disproportionate cost to dimedis GmbH.
dimedis GmbH is entitled to two attempts at subsequent performance for the same defect or a defect directly related to it within the period set by the customer. After the second unsuccessful attempt at subsequent performance, the customer may withdraw from the contract or reduce the purchase price. The right of withdrawal or reduction can be exercised after the first unsuccessful attempt at subsequent performance if a second attempt within the set period is not reasonable for the customer. If the subsequent fulfillment has been refused under the conditions stated above, the customer is immediately entitled to the right of reduction or withdrawal.
Withdrawal due to an insignificant defect is excluded.
Incompatibilities between hardware and accessories only entitle the customer to a change if a defect in the delivered hardware can be detected and no accessories from other manufacturers are operational.
If the customer has made a warranty claim against dimedis GmbH and it turns out that either there is no defect or that dimedis GmbH is not liable for the claimed defect, the customer must reimburse dimedis GmbH for all expenses incurred if the customer has made the claim against dimedis GmbH in a grossly negligent or intentional manner.
The delivery of operating instructions in English is permissible if the contractual object has not yet been fully localized for the respective market. The same applies if the contractual object is generally only available in English.
Unless otherwise explicitly agreed in writing, the hardware shall be delivered in the default and documentation configuration specified by the manufacturer.
7. Guarantee for software
The customer shall examine the software immediately after delivery and shall notify the seller of any obvious defects in writing without delay.
dimedis GmbH guarantees for a period of twelve months from the date of delivery that the software essentially corresponds to the program description in terms of its functionality. If the customer is a consumer within the meaning of the German Civil Code, the warranty period shall be two years from the date of delivery.
If a defect occurs, the defect and its manifestation must be described in a written notification of defects in sufficient detail to enable the defect to be verified (e.g. presentation of error messages) and to rule out an operating error (e.g. specification of the work steps). If the customer is a merchant, the provisions of § 377 of the German Commercial Code (HGB) on the commercial law of examination and reprimand shall apply in addition, even if instruction in the operation of the system has not taken place.
If the notification of defects proves to be justified, the customer shall set dimedis GmbH a reasonable deadline for subsequent performance. The customer shall inform dimedis GmbH which type of subsequent performance – improvement of the delivered goods or delivery of new, defect-free goods – he desires. However, dimedis GmbH is entitled to refuse the chosen subsequent performance if it can only be carried out at disproportionate cost to dimedis GmbH and if the other type of subsequent performance would not result in significant disadvantages for the customer. dimedis GmbH can also refuse subsequent performance altogether if it can only be carried out at disproportionate cost to dimedis GmbH.
dimedis GmbH is entitled to two attempts at subsequent performance for the same defect or for defects directly related to it within the period set by the customer. After the second unsuccessful attempt at subsequent performance, the customer may withdraw from the contract or reduce the purchase price. The right of withdrawal or reduction can be exercised after the first unsuccessful attempt at subsequent performance if a second attempt within the set period is not reasonable for the customer. If subsequent performance has been refused under the conditions set out above, the customer is immediately entitled to the right of reduction or withdrawal.
Withdrawal due to an insignificant defect is excluded.
If the customer has made a warranty claim against dimedis GmbH and it turns out that either there is no defect or that dimedis GmbH is not liable for the asserted defect, the customer must reimburse dimedis GmbH for all expenses incurred if the customer’s claim against dimedis GmbH was made in a grossly negligent or intentional manner.
No liability is accepted for the software being suitable for the customer’s purposes and for it to work together with software already in use at the user’s end.
The delivery of manuals and documentation beyond the written material / program description supplied with the software and the user guidance and / or online help implemented in the software, or instruction, is only owed if this has been expressly agreed in writing between the parties. In the event of such an express agreement, requirements regarding the content, language and scope of any manual and/or documentation to be expressly supplied shall be deemed not to have been agreed, and the delivery of brief instructions shall suffice, unless the parties have agreed in writing on further specifications.
The delivery of operating instructions in English is permissible if the contractual object has not yet been fully localized for the respective market. The same applies if the contractual object is generally only available in English-language versions.
Unless otherwise explicitly agreed in writing, the software shall be delivered in the standard license and documentation configuration specified by the manufacturer.
8. Confidentiality
dimedis GmbH and the customer mutually agree to keep all business and trade secrets of the other party secret for an unlimited period of time and not to pass them on to third parties or to exploit them in any way. The documents, drawings and other information that the other contractual partner receives on the basis of the business relationship may only be used by the other contractual partner within the scope of the respective contractual purpose.
9. Evidentiary Clause
Data stored by dimedis GmbH in electronic registers or in any other electronic form shall be considered valid evidence for the verification of data transfers, contracts and executed payments between the parties.
10. Property rights
Without the express permission of dimedis GmbH, the customer is not permitted to export the goods purchased from dimedis GmbH to countries outside the EU. In addition, the customer must observe all relevant export regulations, in particular those according to the Foreign Trade and Payments Regulation as well as any regulations according to US law.
11. Export
The buyer acknowledges that the resale of any products imported from the United States is subject to the export control regulations of the United States of America, which restrict the export and re-export of hardware, software, technical data carriers and the direct products of technical data carriers, including services related to the use of these products. The buyer agrees that it will not export or re-export, directly or indirectly, any products, information or documentation related thereto imported from the United States to any country or to any end user without first obtaining any necessary consent to do so from the relevant competent authority. The consent of the US Department of Commerce, Division for the Administration of Export Affairs, or a comparable body, is required. The same applies to all uses by the end user that are restricted by US regulations. These provisions relate in particular to:
Countries to which restrictions apply are currently:
Cuba, Haiti, Iran, Iraq, North Korea, Syria and Vietnam
Restricted end users are:
any end user where the buyer knows, or has reason to believe, that the items being imported from the U.S. will be used in the design, development or production of missiles or rocket propulsion, or in connection with nuclear, chemical or biological weapons.
Restricted end-use:
Any use of items imported from the United States for any purpose related to the design, development, or production of missiles, or related to rocket, nuclear, or weapons engineering, or for chemical or biological weapons
12. Miscellaneous
Should individual provisions of these general terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Rather, the void provisions shall be replaced by those that come closest to the intended purpose.
No ancillary agreements have been made. Contractual supplements shall only become effective if confirmed in writing.
The customer may only transfer his rights arising from a business relationship with dimedis GmbH with the written consent of dimedis GmbH. The customer may only set off the purchase price against a counterclaim
that has been recognized or legally established.
The place of jurisdiction is Cologne, insofar as this is legally permissible. German law applies exclusively.