General Terms and Conditions
1. All (also future) deliveries by the company Ortus Marketing & Consulting, hereunder called The Seller, are made exclusively in the name of Marketing Solutions Europe Ltd. and are based on the following General Sale and Delivery Conditions. We expressively disagree with the buying stipulations of the buyer. They will not recognised even when the buyer again expressively contradicts after having sent his buying stipulations for instance in a mercantile confirmation letter.
The online shop offered on this website is intended exclusively for the german-speaking countries and therefore only written in german language. You will find our international shop on http://www.marketing-solutions-europe.de.
1.1 The sale of the books on offer is also made via the internet. The corresponding Power of Revocation and the consumer protection regulations form part of this contract.
1.2 Complaints must be made in writing and, as far as they concern the delivery of subscriptions, immediately. Complaints about obvious defects must be made within one week of receipt of the shipment by the buyer.
1.3 The buyer agrees that the Deutsche Post AG conveys to the seller the correct postal address if the parcel was undeliverable to the address originally given.
2. Delivery Times
All deliveries are only made after payments are received – without any discount – and are payable immediately. The delivery of the LFS (Life Field Stabiliser) and the LFS-Repose respectively of the books is made after the payment has been received in our account. The burden of proof of payment of the sale price rests with the buyer. All articles are delivered immediately provided they are in stock. Deliveries are made both within Germany as well as to EU countries. Delivery time within Germany may take up to seven working days. Delivery time for shipments outside of Germany may take up to 14 working days. Should an article not be available at short notice the buyer is informed by email of the expected delivery time, as long as the seller has the email address of the buyer. Some articles take longer to be delivered (for example books and CDs that were not issued by the publisher). Delays of delivery due for instance to force majeure, traffic hold-ups and instructions of higher authority as well as other incidents for which the seller is not responsible no claims for damages may be made against the seller. The delivery times also apply to online orders.
3. Package and Postage Costs
For deliveries within Germany plus packaging and postage the seller charges a pro-rata amount of 6,90 EUR per shipment. For deliveries to Austria the seller will charge 17,– EUR per shipment. For deliveries to Switzerland the seller will charge 30,– EUR per shipment. If so desired and for an additional charge for the courier service employed express deliveries may be possible. Larger quantities for merchants will be subject to higher packaging and postage costs.
4. Payment for Books
All prices stated are end prices that include the legal VAR of at present 7 %. The regulations also apply to online orders. The payment for delivery must be made in advance (the buyer is beholden to pay the sale price immediately after the contract is made to our bank account). For the payment in advance the buyer will receive from the seller an email with the exact billing information. (The email address and the phone number should therefore be entered in the order form so that the seller may contact the buyer. He buyer should also indicate in the money transfer form the name and the invoice number so that the payment may be properly allocated to the order.)
For deliveries outside Germany payments must be made by bank transfer. Until the complete payment the delivered wares remain our property (reservation of proprietary rights according to §§ 158, 449 BGB). If the agreed time allowed for payment is exceeded, the seller retains the right to view the order as invalid and retains the right to charge handling costs.
5. Right of Revocation for the Buyer
Power of Revocation
Right of Revocation
You have the right to revoke this contract within fourteen days without stating reasons. The period of revocation amounts to fourteen days starting on the day you or a third party nominated by you who is not the carrier have taken possession of the wares.
In order to exercise your right of withdrawal you must signal to the appointed representative of Medical Systems Engineering Ltd. for the German-speaking area,
Ortus Marketing & Consulting
Mrs Gergana Giesler
64732 Bad König
your decision to withdraw from this contract by sending a clear written statement (for instance a letter by mail, a telefax or an email).
You will receive a confirmation that the notice of withdrawal was received.
To maintain your right of revocation it is sufficient if you send of the notice of revocation within the stipulated period.
Consequence of the Revocation
If you revoke this contract the seller must return to you all payments received from you, including delivery costs (with the exception of additional costs arising from you choosing another delivery mode than the economical standard delivery one offered by us), immediately and at the latest within fourteen days after the day when the seller received your revocation of this contract.
For this refund the seller uses the same means of payment that you have used in the original transaction, unless something different has been mutually agreed; in no way you will be charged any fees because of this refund.
The seller may delay reimbursement until he has received the returned goods or until you have shown evidence that you have returned the wares, whichever comes first. You must return the wares without delay either by mail or by handing them in, but in any case within fourteen days from the date that you informed the seller of your revocation of the contract.
The time frame is observed when you send the wares off before the fourteen days are up. You will bear the actual cost for the return of the wares.
You only have to pay for an eventual loss of value when this reduction in value may be attributed to the handling of the wares in a way that is not required to check the properties, characteristics and functionality of the wares.
Exclusion of the Power of Revocation
The Power of Revocation does not apply to contracts concerning
- The delivery of wares that are not prefabricated and for the manufacture of which an individual selection or designation by the end user was decisive or wares that are clearly tailored to the personal requirements of the buyer
- The delivery of wares that are perishable or whose date of expiry would be quickly exceeded
- The delivery of sealed wares that for reasons of health protection or hygiene are not returnable once their seal has been removed after delivery
- The delivery of wares that have been – based on their composition – inseparably mixed with other goods
- The delivery of alcoholic beverages whose price has been agreed when the contract was made, but that may only be delivered at the earliest 30 days after the contract has been made and whose actual value depends on market fluctuations that are beyond the control of the contractor
- The delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery
- The delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
- Due to the sale of very small quantities, we manufacture the devices according to customer specifications and program the frequencies only after receipt of the order.
The devices are individually calibrated to the desired frequencies and assembled by hand.
All devices LFS, LFS-Repose-LFS-Solfeggio. LFS-Individually are a custom-made product and are therefore manufactured according to the personal needs of the customer.
Delivery time 8 – 10 business days
End of the Power of Revocation
Expiration of the Right.
Following § 312 d Abs. 4 BGB there are several reasons for the exclusion of the right of revocation, the right of revocation is not applicable when certain conditions are met. Used and damaged devices
Right of Revocation – Client Specifications
§ 312 d Abs. 4 Nr. 1 BGB states that the right of withdrawal is not applicable when wares are delivered that are manufactured to the client’s specifications or are clearly fashioned to personal requirements.
Reason for Exemption – Not Eligible for Return Shipment
- Worn devices cannot be returned for hygienic reasons.
- We cannot accept the return of used devices as the possibility of damage to the circuit board in the calibration range exists. Improper handling for instance or the ingress of moisture or liquids may destroy the device. Such devices can no longer be resold.
- For this reason we reserve damage compensation.
7.1 The seller is liable in cases of wilful intent or der gross negligence according to legal stipulations. The liability for guarantees is applicable regardless of negligence or fault. For light negligence the seller is only liable according to the stipulations set forth in the Product Liability Act, for injury to life, body or health or due to the neglect of important contractual obligations. Any indemnity claim for light negligence of important contractual obligations is, however, limited to a foreseeable damage typical for the contract as long as there is no liability due to injury to life, body or health. The seller is also liable to the same extent for defaults von auxiliary persons and representatives.
7.2 The regulation of the preceding article (7.1) covers the indemnification besides performance, indemnification in lieu of performance and indemnity claims due to wasted expenditures, independent of the legal reason, including the liability due to defects, delays or unenforceability.
7.3We explicitly point out that the products LFS (Life Field Stabiliser) and LFS-Repose are not medicinal products according to the Medicinal Products Act and that in this context no healing promises are made nor are modes of action described. The legal directions given during the ordering process form part of these General Rules and Regulations.
Ortus Marketing & Consulting offers the following additional news free of cost:
News coverage, reports, articles, science reports, scientific basic research, dissertations
7.3.2 Copyright © 2017
The copyright of this site belongs to Medical Systems Engineering Ltd. unless stated otherwise.
All contributions represent exclusively the views of the author. The contributions must not necessarily represent the views of Marketing Solutions Europe Ltd. or the views of other authors on this site. We also explicitly want to point out that the contents of these contributions do not necessarily refer to the offered products but exclusively serve as news coverage. Responsible for the validity of the content is the particular author. Thus Marketing Solutions Europe Ltd. is not liable for the content of the contributions unless they are clearly marked as proprietary contributions by Marketing Solutions Europe Ltd.
8. Compensation and Right of Retention
Any compensation or the assertion of a right of retention is only admissible with a recognised or legally binding counterclaim.
9. Other Regulations
9.1 There are no side-agreements to this contract. Changes or amendments must be made in writing to become legally effective.
9.2 An alteration of paragraph 10 also must be made in writing.
9.3 The client does not retain the right to reassign his claims stemming from the contract.
9.4 Only the law of the Federal Republic of Germany applies.
10. Data Protection
The data submitted by the client is used by the seller exclusively for the processing of orders. All data is treated by the seller with the utmost confidentiality. The data is only passed on to third parties (for instance delivery services) it this is essential to process the order. The order data are transmitted encrypted; however, the seller does not accept any liability for the data security during these transfers via the internet (for instance due to technical errors at the providers) or for an eventual criminal access by third parties to the data of our internet presence. The access data for the client login that is transmitted to the client upon his request must be treated by the client with utmost discretion since we cannot accept any responsibility for the use and application of the data.
11. Severability Clause
Should one or several of the foregoing regulations become invalid, the effectiveness of the other regulations shall not be affected. This is also true when within one regulation one part becomes invalid, but the remainder stays effective. The invalid regulation shall then be replaced by the parties with an effective one that corresponds to the economic interests of the contract parties and that does not contradict the other contractual agreements.
12. Place of Jurisdiction
The place of jurisdiction for all disputes between the parties is – where permissible – exclusively the seat of Medical Systems Engineering Ltd.
Status: June 2017
Please find information concerning the guarantee by clicking on this link: Guarantee Regulations