for the Use of the Wishlist / Inquiry Function on www.medicalfx.de
§ 1 Scope of Application
(1) These Terms and Conditions (AGB) govern the use of the wishlist/inquiry function (“Wishlist”) on www.medicalfx.de, operated by MEDICAL FX Germany GmbH, Kohlhöfe 26, 27308 Kirchlinteln, Germany (“MEDICAL FX Germany”).
(2) By submitting a wishlist, the user accepts these Terms and Conditions.
(3) Deviating terms and conditions of the user shall not apply unless MEDICAL FX Germany expressly agrees to them in writing.
§ 2 Description of Services / No Online Purchase
(1) The website allows users to compile a non-binding wishlist of products offered by MEDICAL FX Germany and send it as an inquiry.
(2) The wishlist does not constitute an order or reservation.
(3) Based on the wishlist, MEDICAL FX Germany will prepare an individual quotation and send it by email. There is no entitlement to receive or obtain a quotation.
§ 3 Conclusion of Contract Outside the Website
(1) Submitting the wishlist does not constitute a contractual offer.
(2) A contract is concluded only when MEDICAL FX Germany sends a quotation by email, and the user explicitly accepts it (e.g. by clear email confirmation).
(3) There is no “Buy” button and no online payment on the website.
§ 4 Prices, Payment Terms, Production Capacity
(1) Prices are provided individually in the quotation and are non-binding until acceptance.
(2) Payment methods, due dates, and any advance payments or deposits are specified in the quotation.
(3) Production times, delivery periods, and availability depend on production capacity and will be stated in the quotation.
§ 5 Delivery, Transfer of Risk, Retention of Title
(1) Delivery conditions (shipping method, costs, delivery time, Incoterms for international delivery) are defined in the quotation.
(2) Until full payment has been received, the goods remain the property of MEDICAL FX Germany (retention of title).
(3) Partial deliveries are permitted where reasonable.
§ 6 Warranty (Defects)
(1) Statutory warranty rights apply.
(2) For consumers, the limitation period is 2 years from delivery; the reversal of the burden of proof applies for 12 months from delivery.
(3) For business customers, § 377 HGB (duty of inspection and notification of defects) applies.
(4) Custom-made products produced according to customer specifications: minor deviations in color, size, or texture may occur due to material or craftsmanship and do not constitute a defect, provided the agreed product characteristicsare met.
§ 7 Copyright and Usage Rights
All website content (texts, images, videos, layouts) as well as model designs and product photos are protected by copyright and related rights.
Any use outside this website (reproduction, public presentation, training materials, etc.) requires the prior written consent of MEDICAL FX Germany.
§ 8 Liability
(1) MEDICAL FX Germany shall be fully liable for intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act (Produkthaftungsgesetz).
(2) In cases of slight negligence, MEDICAL FX Germany shall only be liable for breaches of essential contractual obligations (cardinal obligations); in such cases, liability is limited to foreseeable damages typical for the contract.
(3) In all other cases of slight negligence, liability is excluded.
(4) MEDICAL FX Germany shall not be liable for technical malfunctions of the website or data transmission, except within the scope of paragraphs (1) and (2).
(5) For unauthorized third-party access (e.g. cyberattacks), MEDICAL FX Germany is liable only where fault exists and adequate security measures were neglected.
§ 9 Contract Text / Communication
(1) The full contract text is not permanently stored on the MEDICAL FX Germany website.
(2) All relevant contractual information (quotation, prices, product description) is sent to the user by email. Users are advised to save or print this information.
§ 10 Data Protection & Data Security (Summary)
(1) Controller: MEDICAL FX Germany GmbH, Kohlhöfe 26, 27308 Kirchlinteln, Germany.
Email: anfrage@medicalfx.de Tel.: +49 4237 25 19 99 0
(2) Purpose / Legal Basis: Processing of wishlist and contact data for handling inquiries and preparing quotations(Art. 6 (1)(b) GDPR); if applicable, legitimate interest (Art. 6 (1)(f) GDPR) in IT security and fraud prevention.
(3) Storage: Wishlist/inquiry data are stored on our servers in Germany.
(4) Disclosure: No data is shared with third parties, except where legally required or necessary for contract fulfillment (e.g. shipping carriers).
(5) Security: Data transmission is protected by TLS/SSL (https) encryption. MEDICAL FX Germany implements appropriate technical and organizational measures under Art. 32 GDPR (server hardening, regular updates, access control, backups, and security logging).
(6) Retention Period: Data is retained only for as long as necessary for quotation or contract processing and deleted once no longer required or after expiry of statutory retention periods.
(7) Data Subject Rights: Right of access, rectification, erasure, restriction, portability, and objection; right to lodge a complaint with the competent supervisory authority.
(8) Detailed privacy policy: applies additionally and is binding (link: /datenschutz).
Security advice: Always use up-to-date browsers/operating systems, keep login data confidential, and report any suspicious activity immediately.
§ 11 Consumer Right of Withdrawal (only for consumer contracts)
Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, take possession of the goods.
To exercise your right of withdrawal, you must inform us (MEDICAL FX Germany GmbH, Kohlhöfe 26, 27308 Kirchlinteln, Germany, email: anfrage@medicalfx.de, phone: +49 4237 25 19 99 0) by means of a clear statement(e.g. a letter sent by post or an email) of your decision to withdraw from the contract.
To meet the withdrawal deadline, it is sufficient for you to send the notice before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall refund all payments received from you, including delivery costs (except additional costs arising if you chose a different type of delivery than the standard delivery offered by us), without undue delay and at the latest within fourteen (14) days from the day on which we receive your notice of withdrawal.
Refunds will be made using the same payment method as the original transaction, unless expressly agreed otherwise; in no case will you incur fees for the refund.
We may withhold reimbursement until we have received the goods back or you have provided proof of return shipment, whichever is earlier.
You must send back or hand over the goods without undue delay and in any event no later than fourteen (14) daysfrom the day on which you notify us of your withdrawal. The deadline is met if you dispatch the goods before the 14-day period expires.
You bear the direct costs of returning the goods, unless otherwise stated in the quotation.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion / Expiry of the Right of Withdrawal:
No right of withdrawal exists for custom-made products or goods clearly tailored to the individual requirements of the consumer.
Model Withdrawal Form:
If you wish to withdraw from the contract, please complete and return this form to:
MEDICAL FX Germany GmbH, Kohlhöfe 26, 27308 Kirchlinteln, Germany
Email: anfrage@medicalfx.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
— Ordered on (*) / received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if submitted on paper)
— Date
(*) Delete as applicable.
§ 12 Content, Technical Information & Safety Instructions
(1) The website’s content (guides, blog posts, manufacturing/processing techniques) is provided for informational and demonstration purposes only regarding simulation/training models; it does not replace professional advice.
(2) Implementation of such information is at the user’s own risk. Liability is limited as set out in § 8.
(3) Safety measures are mandatory: Products must be used only in accordance with product/safety instructions; appropriate protective equipment must be worn; products should be stored away from heat and chemicals and kept out of reach of children.
§ 13 No Participation in Consumer Dispute Resolution
MEDICAL FX Germany is neither obliged nor willing to participate in any consumer dispute resolution procedure.
§ 14 Applicable Law and Jurisdiction
(1) These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the user is a merchant or business customer, the exclusive place of jurisdiction shall be the registered office of MEDICAL FX Germany.
§ 15 Changes to the Terms and Conditions
MEDICAL FX Germany may amend these Terms for valid reasons (e.g. changes in law, expansion of services) with effect for the future. Users will be notified of material changes in advance.
§ 16 Severability Clause
If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall remain unaffected.
Provider Identification / Legal Notice (§ 5 DDG)
MEDICAL FX Germany GmbH
Kohlhöfe 26, 27308 Kirchlinteln, Germany
Phone: +49 4237 25 19 99 0
Email: anfrage@medicalfx.de
VAT ID: DE454644820
Commercial Register: [Local Court Walsrode, HRB 212463]
Managing Director: Nicholas Krützfeldt
