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 JuraFo​rum​.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.