The limitations of liability shall not apply if we have fraudulently concealed the defect or have provided a guarantee for the itemâs condition. The same shall apply if we have entered into an agreement with you concerning the itemâs condition. The provisions contained in the clause neither prejudice your rights as consumer and customer nor your right to withdraw from the contract.
All product descriptions, information and material made available on this website are provided âas isâ and without any express or implied warrantees, unless such warrantees are stipulated by law. If you as a consumer or customer enter to this effect into a contract, we are obliged to supply goods that are in accordance with the contract. Goods are in accordance with the contract if (i) they match our description and correspond to the quality as represented on our website, (ii) they are suited to the purposes for which items of this nature are customarily used and (iii) are of a quality that may usually and reasonably be expected of this kind of items.
You hereby confirm and agree that we shall at all times retain all copyrights, trademarks and all other intellectual and industrial property rights to any material or content made available as part of the website. You may use this material only in accordance with the explicit approval issued by us in writing.
This regulation does not prevent you from using this website to the extent necessary in order to copy information on your orders or contact details.
No legal remedy shall be available either to you or to us with regard to any false statement that might have been made by the in each case other party verbally or in writing prior to the date of conclusion of the contract (unless such a false statement was made fraudulently). The only remedy available to the other party is the remedy applicable in case of any breach of the contract, as provided for in these Terms & Conditions.
We shall be entitled to revise and amend these Terms & Conditions at any time. The provisions, Terms & Conditions and privacy policy that are as far as you are concerned applicable are those in force as of the date on which you place any order, except where it is necessary under the law or at the behest of government authorities to amend these provisions, Terms & Conditions or privacy policy. In this case, any possible amendments shall also apply to orders that were previously placed by you.
The use of our website and all contracts for the purchase of products via our website are subject to German law.
Any disputes arising from or in connection with the use of the website or these contracts shall be subject to the exclusive jurisdiction of German courts. Tübingen is the place of jurisdiction. Your rights as a consumer under German legislation remain applicable without restriction.
We are always pleased to receive your comments and suggestions. Please send all comments and suggestions to us via our online form.
If you consider that your rights as a purchaser have been infringed, you may send your complaint to us by email at the following address info@apacare.de, in an effort to achieve an out-of-court settlement. We are not obliged, nor are we willing to participate in any dispute resolution process before a consumer conciliation body.
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You may not knowingly make improper use of this website through the introduction of viruses, Trojans, worms, logic bombs or other software or material that is harmful or causes technical damage. You will not attempt to fraudulently gain unauthorised access to this website, to the server on which this website is held or to any other server, computer or database connected to this website. You undertake not to attack this website by means of a denial-of-service attack or a distributed-denial-of-service attack.
Failure to comply with this clause may pursuant to the provisions in force constitute the perpetration of a criminal offence. We shall notify the competent authorities of any such breach against these statutory provisions and shall work with the said authorities to identify offenders. Should you breach this clause, your permicsion to use this website will immediately be withdrawn. We shall not be liable for damages or losses arising as the result of a denial-of-service attack, virus or other software or material harmful to or that causes technical damage to your computer, your equipment, your data or your materials, and caused on the occasion of using this website or downloading content from this website or from any linked websites.
Subject to the regulations governing the limitation of liability, we are not liable for the content and layout of third-party websites linked to our website. The links serve solely for information purposes and represent an additional service. More particularly, we do not espouse the content of the linked websites. We are not moreover under any obligation to regularly monitor the content of the linked websites. As of the date on which we established the link, there was no unlawful content on the linked websites.
We shall examine the returned items and inform you of your entitlement to be credited with the amounts paid. The credit will be processed as soon as possible, and in any event within 14 days of the date on which we received the notice of your cancellation. Notwithstanding the above, we may refuse reimbursement until such time as we have received the returned goods or until you have provided evidence of the fact that you returned the goods, whichever is the earliest. The reimbursement is always made using the same means of payment as you used for payment on the occasion of the purchase. You will only have to bear the cost of any loss in value of the goods if this loss in value is attributable to the goods being handled in a manner not required for the purposes of checking the condition, properties and functionality of the goods.
We would inform you that we are under no circumstances obliged (except for cases coming under legislation governing statutory warranties, to which these provisions do not apply) to reimburse shipping costs to places other than the original delivery address or the costs of returning goods from places other than Germany.
Claims for damages may not be brought by you, except in the fol lowing cases:
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The law in force for the time being provides for some of the information or communications that we send you to be in writing. By placing an order on this website, you accept that communications with us shall be made predominantly by electronic means, such as for example email. For the purposes of the contract, you agree to this form of electronic communication and confirm that all contracts, invoices, communications, information and other messages that we make available to you in electronic form shall be viewed as having met the statutory requirements for such communications to be in writing. Your statutory rights remain unaffected by this provision.
All communications that you send us should preferably be sent via our online form. Subject to the provisions contained in the above clause and unless otherwise specified, we may send you communications either by email or by delivery to your postal address, as specified by you when placing your order. Any communication shall be considered to have been received and duly made within 24 hours of the dispatch of an email or three days after the date of dispatch of any letter. For the purposes of providing evidence of the receipt of communications sent it is sufficient to provide documentation to the effect that - in case of a letter - this letter was properly addressed, stamped and posted, and - in case of an email - that this email was sent to the specified email address of the recipient.
The contract between you and us is binding both on you and on us and on our respective successors, assignees and heirs.
You are not authorised without our prior written consent to transfer or otherwise dispose of a contract or any of your rights or obligations under such a contract.
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Cumdente GmbH Paul-Ehrlich-StraÃe 11 D-72076 Tübingen www.apacare.com
This document (together with the documents referred to herein) sets out the terms and conditions governing the purchase of products via the website www.apacare.com by consumers in Germany and other EU countries (hereinafter, âTerms & Conditionsâ). Before purchasing products, you should carefully read these Terms & Conditions, our cookies policy and our privacy notice (hereinafter jointly referred to asâPrivacy Policyâ). By placing an order on this website, you consent to these Terms & Conditions and to our Privacy Policy. You cannot use this website if you do not agree to the Terms & Conditions and to the Privacy Policy. We may amend these Terms & Conditions. You are obliged to read through these Terms & Conditions regularly since only those Terms & Conditions that are valid as of the date of conclusion of any contract (see below) shall in each case apply. Should you have any questions about the Terms & Conditions or the Privacy Policy, you can contact us via our online contact form.
Cumdente GmbH, a German company whose registered office is at Paul-Ehrlich-Strasse 11, 72076 Tübingen, entered in the companies register of the District Court of Stuttgart under the number HRB 38 2197, VAT registration number DE 213 161 086, is responsible for the sale of goods via this website.
The information and personal data provided by you will be processed in accordance with the Privacy Policy. By placing an order on this website, you consent to the processing of the information and data provided and affirm that all the information and data provided are true and accurate.
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During the contract period, we may at any time transfer or otherwise dispose of the contract and all our rights or obligations under the contract. Should this lead to the substitution in full of the contracting party on our side or at the very least to the transfer in full of all our obligations to a third party, you shall be entitled to withdraw from the contract. For the avoidance of any misunderstandings, it should be noted that any such transfer, assignment or other form of disposal shall not prejudice your statutory rights as a consumer, depending on applicability, and may not cancel, diminish or otherwise restrict statutory warranty claims or warranties given to you in the form of express or implied warranties.
We shall not be liable or answerable for the non-performance or delayed performance of our obligations under any contract if this was caused by events beyond our control (âforce majeure eventâ).
Force majeure encompasses all acts, events, events that have not occurred, omissions or accidents which are beyond our control, including inter alia the following cases:
i. Strike, lockout or other industrial action
ii. Civil disturbance, riots, invasions, terrorist attacks or the threat of terrorist attacks, war (whether declared or not) or the threat of or preparation for any war
iii. Fire, explosion, storm, flood, earthquake, collapse Epidemics or other natural catastrophes
iv. Circumstances in which it is impossible to use trains, ships, aircraft, motor vehicles or other public or private means of transport
v. Circumstances in which it is impossible to use public or private telecommunications systems
vi. Introduction or amendment of statutory provisions, decrees, legislation, directives of governments or authorities.
vii. All strikes, stoppages or accidents during ocean or inland transport, post or other form of transport
By placing an order on this website, you consent as follows:
1. Only to use the website for legitimate enquiries and orders.
2. Not to place any fake or fraudulent orders. Should we have reasonable grounds to believe that just such an order was placed, we shall be entitled to cancel the order and to notify the proper authorities of this.
3. To provide us with your full and correct email address, postal address and/or other contact details, and you hereby agree moreover that we may use this information to get in touch with you, where necessary, in the context of your order (see our privacy notice). If you do not provide us with all the information that we require, you cannot place an order.
By placing an order on this website, you affirm that you are at least 18 years of age and that you may conclude contracts on a legally binding basis.
The items offered on this website are available for deliveries in Germany and other EU countries only.
3.1 These pages contain links to external third-party websites over whose content Cumdente has no influence, whether directly or indirectly. The respective provider or operator is always responsible for the accuracy of the content; in this respect, Cumdente accepts no liability whatsoever.
3.2 Third-party websites were checked for possible legal violations at the time of linking. No legal infringements were recognisable at the time of linking.
3.3 Cumdente cannot be held responsible for constantly checking all the content of the websites linked to by Cumdente without actual evidence of a legal offence. If legal violations become known, the corresponding links will be removed immediately.
3.4 For information and notifications of infringements or possible infringements, please contact our data protection officer at info@cumdente.de.
4.1 The content and works created by Cumdente on this website are subject to German copyright law. This applies in particular to all information, logos, texts, programmes, graphics, images and media objects. Goods, trademarks and company names are subject to the copyright of the respective companies or their owners.
4.2 Reproduction, editing, distribution and any kind of utilisation outside the limits of copyright law require the written consent of the respective author or creator.
4.3 Copies of these pages are only permitted for private use, but not for commercial purposes.
4.4 All third-party contributions are labelled as such; point 4.1 applies to this content accordingly. Liability for this is excluded.
Any use of the contents of this website requires the authorisation of Cumdente and can be requested in writing from Cumdente info@cumdente.de, stating the intended purpose and scope of use.
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Managing Director: Univ.-Prof. Dr Rainer Hahn Dr Frank Schynowski Luise Maria Schiegg
Head office of the company: Tübingen, Stuttgart Local Court, HRB 38 2197, UST-ID: DE 213 161 086
Certified according to DIN EN ISO 13485b
Safety officer: Univ.-Prof. Dr Rainer Hahn
1.1 No guarantee is given for the topicality, completeness and correctness of the content of our pages.
1.2 According to § 7 paragraph 1 TMG, Cumdente is responsible as a service provider for its own content on the pages covered by this liability notice and information on privacy and data protection in accordance with the general laws.
1.3 However, there is no obligation to monitor transmitted or stored third-party information (§§ 8-10 TMG). As soon as we become aware of any legal infringements, we will remove the relevant content immediately. However, any liability in this respect will only be assumed from the time we become aware of specific legal violations.
2.1 The information on Cumdente products is based on and represents the latest possible state of knowledge based on the results of research and technical application experience.
2.2 To the best of our knowledge, the results of research and technical application experience are communicated via the content of these pages. We reserve the right to make technical changes to product developments and errors.
2.3 When using the products, the product information and recommendations for use must be observed by the user.
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If you conclude a contract as a consumer, you have the right to cancel it without giving any reason within the statutory cancellation period.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken posses- sion of the goods or, in the case of several items in separately delivered packages, 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last package.
To exercise your right of withdrawal, you must inform us by means of a clear statement (for example, by letter sent by mail, telephone or e-mail) of your decision to withdraw from the contract in one of the following ways.
By mail: Cumdente GmbH, Paul-Ehrlich-StraÃe 11, 72076 Tübingen, Deutschland By email: info@apacare.de By telephone: +4970719755721
In order to comply with the withdrawal period, it is sufficient that you send your notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. The right of withdrawal does not apply to: