General terms of business (GTB)
Conditions of sales, delivery and payment
I. General information
- All our contracts are based on the following terms and conditions. By placing the order, the contractual partner acknowledges our terms and conditions.
- We hereby do not acknowledge any conflicting terms and conditions. They shall only apply if agreed in writing. Terms and conditions of the contractual partner shall not become part of the contract even if we do not expressly refute them and we render the delivery/performance liable under the contract.
- Our terms and conditions shall also apply to all future business with the contractual partner.
II. Conclusion of contract, content of the contract, right of withdrawal
- A contract shall not come about until we have confirmed the order in writing, also by email, or executed the agreed performances.
However, we shall communicate any rejection of the purchase order immediately in writing, also by email.
- Our offers are non-binding. The contractual partner shall be bound by its offer for two weeks.
- All agreements when concluding a contract must be recorded in writing, also by email, no unwritten agreements are concluded. The written form, including email, shall also apply to side agreements, assurances and subsequent amendments, including termination of the contract.
- We reserve the right of withdrawal if the ordered product can no longer be sold by us in the period between concluding the contract and the agreed delivery date due to altered statutory conditions, in particular because of a change to the conditions of the Medical Devices Act.
III. Prices and payment
- The prices are considered to be the value of the goods or services, excluding any discounts and other rebates plus loading, packaging, freight and any insurance to be contracted only by special agreement and plus value-added tax at the statutory rate.
- Default interest is charged at 8 % p.a. above the respective pubilshed base rate. The right to assert additional default damages remains reserved.
- Payment instructions, cheques and bills of exchange will only be accepted as payment performance after all discount and collection charges have been paid.
- The contractual partner may only offset our claims against counter-claims that are undisputed, acknowledged or legally upheld.
- A right of retention may only be exercised in the event of undisputed, acknowledged or legally upheld counter claims.
IV. Delivery and delay in delivery
- Compliance with our delivery obligation requires the prompt and correct fulfilment of all the contractual partner‘s obligations.
- Prompt and correct delivery to ourselves shall be reserved.
- Delivery dates or delivery periods, which can be agreed as binding or non-binding, must be stated in writing, also by email. The delivery period shall start at the time of clarificatiojn of all technical matters, but not earlier than upon conclusion of the contract.
- The delivery period is observed if delivery item has left our premises by the time the period expires.
- The contractual partner may demand delivery within a reasonable period in writing 4 weeks after a non-binding delivery date or a non-binding delivery period.This shall not apply if, on the basis of the contract, we are required to deliver storage / inventory goods which do not need to be produced according to the customer‘s requirements or which are not produced on the basis of a concrete order from the customer.
- Insofar as our delay is due to slight negligence, we shall restrict our liability to the typically foreseeable losses.
- Force majeure, riot, strike, lockout and interruptions to operation not caused by us shall change the dates and periods stated in Nos. 1 and 2 by the duration of these disruptions caused by these circumstances and an additional, reasonable start-up period shall be granted.
V. Transfer of risk, delivery, inspection, duty of notification
- At the time of dispatch to the contractual partner and, at the latest upon leaving storage or upon assignment to the transport company, the risk of loss or of accidental deterioration of the goods shall be transferred to the contractual partner. This shall apply irrespective of whether the goods are dispatched from the place of performance or who pays the freight costs. In all cases, bredent medical GmbH & Co. KG shall only purchase insurance upon written request from the contractual partner to the extent stated and at their cost
- Complaints regarding obvious defects, such as deviations from the delivery quantity, the identity of the delivered object, as well as visible transport and/or packaging damage - also in the case of a direct resale - must be made to bredent medical in writing or by telephone within 7 working days of delivery, stating the delivery note or invoice number. For concealed defects, this period shall apply upon discovery of the defect.
VI. Expiration and guarantee periods
- Unless statutory provisions of the Federal Republic of Germany prescribe otherwise, the purchaser’s guarantee claims shall lapse upon the purchase of new goods within 12 months from delivery. If used goods are purchased, the guarantee is excluded. The exclusion of warranty claims in the event of the purchase of used goods and the reduced warranty period in the event of the purchase of new and used goods, which are not more than 2 years old on the date of purchase, shall not apply to losses damage suffered by the contractual partner from injury to life, limb or health, to damage from the breach of duties, the fulfilment of which facilitates the proper implementation of the contract and the fulfilment of which the contractual partner can regularly expect (material duties), as well to other damage, which is due to a culpable or grossly negligent breach of duty by us or one of our statutory representatives or by one of our vicarious agents.
In addition to the legal provisions of the Federal Republic of Germany, in the event of not inconsiderable material and legal defects, bredent medical GmbH & Co. KG also reserves the right of subsequent performance as follows: Right of subsequent performance twice. If the type of material or defect or other circumstances means that subsequent performance has not yet failed and this is reasonable for the contractual partner, bredent medical GmbH & Co. KG reserves the right to further subsequent performance. If the subsequent performance has failed, the contractual partner shall be entitled to reduce or, according to their wish, to withdraw from the contract.
Wear and tear due to use and the usual wear and tear to the delivered goods, in particular, parts subject to wear and tear, are not covered by the guarantee. In addition, claims under guarantee are excluded for incorrect use, operating errors and negligence by the customer when handling the goods. The warranty shall furthermore lapse if, without consulting us, the products are tampered with, or if the products of third parties have been used instead of our system components, in particular regarding the implant systems, photodynamic HELBO therapy, injection mould and press systems, prosthetic, veneering and composite systems. The same shall apply where defects occur as a result of repairs, or where they appear, having been caused by improper handling, incorrect or faulty programmes, software and/or processing data/parameters, or as a result of of serial numbers, type classifications or similar markings that have been rendered illegible.. The above exclusions shall not apply if the customer shows that the circumstances were not the cause of the reported defect.
VII. Exclusion of damages, limitation of liability
- If we, our statutory representatives or our vicarious agents only slightly negligently breach a duty, the fulfilment of which is only possible as a result of the proper implementation of the contract and compliance with which the contractual partner can regularly expect (contractual duty), our liability for compensation shall be limited to the contractually typical foreseeable losses.
- If we, our statutory representatives or our vicarious agents only slightly negligently breach a duty that is not a significant component of the contract, our liability is excluded.
- Insofar as we are used for compensation from producer liability according to Section 823 BGB (basis for claim in tort), and we, our statutory representatives or our vicarious agents are found liable, we shall limit our liability to the payment of our indemnity insurer exceeding the above conditions. The sum insured is that typical for the loss, contract or article. If the insurance policy does not apply in full or at all, our liability shall continue to be limited to the amount of the sum insured.. If the sum insured is not that typical for the loss, contract or article, our liability in such cases shall be limited to the loss amount typical for the loss, contract or article.
- The above provisions in Nos VII 1 - 3 shall not apply in the event of fatal injury, physical harm or damage to health or in the event of claims under product liability laws.
VIII. Retention of title
- We shall retain title in all cases to the delivered object until receipt of all payments from the respective underlying delivery contract.
- In addition, we shall retain title to the delivered objects until fulfilment of all debts, also in the future, from the business relationship. The contractual partner shall treat goods subject to retention of title carefully and with due care and attention and free of charge. Upon request, the contractual partner shall insure the goods subject to retention of title sufficiently at the new value at its own cost against fire, water and theft. If maintenance or inspection work is required, the contractual partner must carry this out promptly and at its own costs.
- The reserved goods may not under any circumstances be pledged or assigned by way of security. We must be immediately informed in the event of attachments, confiscation or any other disposition by third parties and must be given the documents required for objection.
- In addition, the contractual partner reserves the right to process and to sell the delivered object within the framework of its ordinary business, as long as it is not in default. Already upon conclusion of the sales contract, the contractual partner herewith assigns to us the claims accruing to it against its customers from the sales or any other legal grounds to the amount of the invoiced value of the reserved goods delivered.
- In the event of suspension of payments, application for or opening of insolvency proceedings, and in the case of protest of a bill of exchange or a cheque the purchaser‘s right to sell the goods subject to retention of title shall lapse, along with the authority to collect assigned debts.
In these cases, the contract partner shall return the goods subject to retention of title and shall immediately and without reminder render account to us in respect of reserved goods and assigned debts.
- The retention of title shall also remain if individual debts are included in a current invoice and the balance is collected and acknowledged, unless the balance is settled.
- We also reserve the right to collect our reserved goods after dunning according to the cases set forth under No. 5 if the contractual partner is in arrears with a significant proportion of its payments. Seizure by us shall not be considered withdrawal from the contract. The contractual partner is required to return the goods. The contractual partner shall only have a right of retention in the event of undisputed, acknowledged or legally upheld counter claims.
- Upon request from the contractual partner, we shall release all securities to which it is entitled, insofar as the realisable value of our securities exceeds the demands secured by more than 10 %, whereby the selection of the securities to be released is a matter for us.
- Amounts which the contractual partner collects on assigned claims shall be managed separately until transferred to us in order to exclude netting and/or offset against bank accounts held on the debit side.
- The processing or modification of the delivered object by the contractual partner is always for us. If the delivered object is be processed with other objects not belonging to us, we shall acquire co-ownership of the new object in relationship of the value of the item of sale against the other processed items at the time of processing. Moreover, this shall also apply to the object created by processing as to the delivered object subject to retention of title.
- If the delivered object is be inseparably mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in relationship of the value of the item of sale against the other processed items at the time of mixing. If the mixing is performed such that the contractual partner‘s object is deemed to be the main object, it is agreed that the contractual partner shall transfer rateable co-ownership to us. The contractual partner shall grant us sole or co-ownership generated in this way.
IX. Return conditions
Applicable to all products of bredent medical GmbH & Co. KG, except for equipment.
Definition of equipment:
A device comprising various modules, with which something can be created or manufactured.
- The following general returns conditions shall not apply in a case covered by guarantee. Insofar as the contractual partner assets claims and/or rights covered by guarantee, the separate guarantee conditions shall apply. In addition, the statutory provisions of the Federal Republic of Germany shall apply.
- Replacements or exchanges are possible under the following conditions:
The items to be replaced or exchanged must be returned to bredent medical GmbH & Co. KG with a correctly completed return slip.
Return of sold goods in return for exactly the same Exchange:
Return of sold goods in return for delivery of other goods.
In the event of the same or different sale prices, the netting is carried out by issuing a credit note for the returned product and re-billing for the replacement or exchanged product. The resulting differential amount shall be settled accordingly or maintained as a credit balance in the account of the client.
- Replacement or exchange deliveries are possible within specific periods if the object returned to bredent medical GmbH & Co. KG can be resold upon receipt.
Resold in this context means that the tamper-proof closure has not been opened, the outer product packaging is not marked or damaged and the expiry date is still at least 6 months in the future from receipt of goods upon return.
If products are supplied by bredent medical GmbH & Co. KG, with expiry dates of less than 6 months in the future from the time of delivery, the expiry date in this specific case must be at least 3 months in the future from the receipt of returned.
The periods and costs laid out below apply to replacement and exchange deliveries:
|Period from delivery
|Up to 6 Weeks||within the EU||0,00 Euro|
|Up to 12 Weeks
||outside the EU||0,00 Euro|
|Up to 12 months||General
||5,00 Euro per item|
|From 12 months||General
- In general, replacement or exchange deliveries where the productcan no longer be resold are only undertaken at the discretion of bredent medical GmbH & Co.KG. There is no obligation to replace or exchange.If bredent medical GmbH & Co.KG chooses to make a replacement or exchange delivery, the periods and costs (for re-preparing or disposal with accurate compliance with the respective applicable statutory standards and provisions) apply according to the following table:
|Period from delivery note or invoice date||Recipient||Return / processing costs|
|Up to 12 months||General||50 % of the sale price per item|
|From 12 months
- A return with a credit note is possible under the following conditions:
It is possible to return an article in return for a credit note within the stated periods if the article returned to bredent medical GmbH & Co. KG can be resold after receipt and a return slip is enclosed.
A credit note means that the ordering party receives the euro value of the returned object from bredent medical GmbH & Co. KG, which is offset directly against a future order. An existing credit balance shall remain for a period of 6 weeks. If a new order is not received from the customer within this period, the credit shall be paid out.
The periods and costs laid out below apply to returns for a credit note:
Period from delivery note or invoice date Recipient Return / processing costs Up to 6 weeks General POSSIBLE (if it is guaranteed that the goods can be resold) 0.00 Euro From 6 weeks General NOT POSSIBLE
1. An overview of data protection
Data collection on our website
Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.
How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.
Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
Analytics and third-party tools
You can object to this analysis. We will inform you below about how to exercise your options in this regard.
2. General information and mandatory information
Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.
Notice concerning the party responsible for this website
The party responsible for processing data on this website is:
bredent medical GmbH & Co. KG
Weißenhorner Straße 2
Telephone: + 49 7309 872-441
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).
Where do we obtain your personal data from?As a matter of principle, the data is collected from you. The processing of the personal data provided by you is necessary to fulfil the contractual obligations arising from the contract (order) concluded with us.
Within the framework of pre-contractual measures (e.g. master data entry in the interested party process), it is necessary for you to provide your personal data.
Legal basis of the processing
The personal data provided by you will be processed in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act.
On the basis of consent
The purposes of processing personal data result from the granting of consent. Your consent can be revoked at any time with effect for the future. Consent that has been granted before the validity of the GDPR can also be revoked. Processing that took place before the revocation shall remain unaffected by the revocation.Because of legal requirements (in accordance with Art. 6 para. 1 lit. b of the GDPR) or in the public interest (in accordance with Art. 6 para. 1 lit. e of the GDPR
The purposes of data processing result from legal requirements or are in the public interest (e.g. compliance with retention obligations, proof of compliance with a tax consultant’s notification, and information obligations).
Within the scope of the balancing of interests (in accordance with Art. 6 (1) lit. F of the GDPR)
The purposes of the processing result from the protection of our legitimate interests. It may be necessary to process the data provided by you beyond the actual performance of the contract. Our legitimate interest may be used to justify the further processing of the data you provide us with provided that your interests or fundamental rights and freedoms do not prevail.
Who receives your personal data?Within our company, only those areas that require the personal data provided by you to fulfil their contractual and legal obligations and which are entitled to process this data shall receive access it.
In fulfilment of the contract concluded with you, only those authorities that require the data provided by you for legal reasons (e.g. competent authorities) shall receive it.
As a holder of secrecy, we are obliged to observe and implement confidentiality. Within the scope of our service provision, we commission contractors who contribute to the fulfilment of contractual obligations (e.g. IT service providers and document shredders) to perform our services.
Revocation of your consent to the processing of your data
Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
Right to file complaints with regulatory authorities
If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Right to data portability
You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.
Information, blocking, deletion
As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.
Opposition to promotional emails
We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.
3. Data protection officer
Statutory data protection officer
We have appointed a data protection officer for our company.bredent GmbH & Co. KG
Data protection officer
Weißenhorner Straße 2
4. Data collection on our website
Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
Server log files
The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:
• Browser type and browser version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP address
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
Registration on this website
You can register on our website in order to access additional functions offered here. The input data will only be used for the purpose of using the respective site or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise, we will reject your registration.
To inform you about important changes such as those within the scope of our site or technical changes, we will use the email address specified during registration.
We will process the data provided during registration only based on your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will continue to store the data collected during registration for as long as you remain registered on our website. Statutory retention periods remain unaffected.
Processing of data (customer and contract data)
We collect, process, and use personal data only insofar as it is necessary to establish, or modify legal relationships with us (master data). This is done based on Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. We collect, process and use your personal data when accessing our website (usage data) only to the extent required to enable you to access our service or to bill you for the same.
Collected customer data shall be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.
5. Analytics and advertising
Matomo (formerly Piwik)
This website uses the open source web analytics service Matomo. Matomo uses so-called "cookies". These are text files that are stored on your computer and that allow an analysis of the use of the website by you. For this purpose, the information generated by the cookie about the use of this website is stored on our server. The IP address is anonymized before it is stored.
Matomo cookies remain on your device until you delete them.
The storage of Matomo cookies is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising.
The information generated by the cookies about your use of this website will not be disclosed to third parties. You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website.
If you do not agree with the storage and use of your data, you can disable this feature here. In this case, an opt-out cookie will be stored in your browser to prevent Matomo from storing your usage data. If you delete your cookies, this will mean that the opt-out cookie will also be deleted. You will then need to reactivate it when you return to our site if you wish your activity not to be tracked.
If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) (a) DSGVO. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the "unsubscribe" link in the newsletter. The data processed before we receive your request may still be legally processed.
The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.
This website uses the services of MailChimp to send newsletters. This service is provided by Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.
MailChimp is a service which organizes and analyzes the distribution of newsletters. If you provide data (e.g. your email address) to subscribe to our newsletter, it will be stored on MailChimp servers in the USA.
MailChimp is certified under the EU-US Privacy Shield. The Privacy Shield is an agreement between the European Union (EU) and the US to ensure compliance with European privacy standards in the United States.
We use MailChimp to analyze our newsletter campaigns. When you open an email sent by MailChimp, a file included in the email (called a web beacon) connects to MailChimp's servers in the United States. This allows us to determine if a newsletter message has been opened and which links you click on. In addition, technical information is collected (e.g. time of retrieval, IP address, browser type, and operating system). This information cannot be assigned to a specific recipient. It is used exclusively for the statistical analysis of our newsletter campaigns. The results of these analyses can be used to better tailor future newsletters to your interests.
If you do not want your usage of the newsletter to be analyzed by MailChimp, you will have to unsubscribe from the newsletter. For this purpose, we provide a link in every newsletter we send. You can also unsubscribe from the newsletter directly on the website.
Data processing is based on Art. 6 (1) (a) DSGVO. You may revoke your consent at any time by unsubscribing to the newsletter. The data processed before we receive your request may still be legally processed.
The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted from our servers and those of MailChimp. Data we have stored for other purposes (e.g. email addresses for the members area) remains unaffected.
Completion of a data processing agreement
We have entered into a data processing agreement with MailChimp, in which we require MailChimp to protect the data of our customers and not to disclose said data to third parties. This agreement may be viewed at the following link: https://mailchimp.com/legal/forms/data-processing-agreement/sample-agreement/.
7. Plugins and tools
Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.
If you're logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.
YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.
This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.
The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
Further information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.