General Terms and Conditions - B2B
1. Scope of application
All contracts concluded with FormMed HealthCare GmbH, based in Frankfurt am Main, for the product range of our Online Shop in the partner area, which is directed exclusively to traders (as defined in Section 14 (1) of the German Civil Code) and can be accessed at www.FormMed.de and your access data, are governed exclusively by these General Terms and Conditions (“GTC").
The GTC shall apply to all further, similar business relationships between us without us having to refer to them again. Any terms and conditions of you that conflict with or deviate from our GTC shall not apply unless we have expressly accepted them.
2. Conclusion of contract
Any offering in the Online-Shop and our product catalogue represents a non-binding invitation to order goods. You can order our products directly online in our Online Shop or via order form. With your order, you are submitting a binding offer which can be accepted by us.
When ordering in our Online Shop, you can initially place our products in the shopping basket on a non-binding basis and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button you are bindingly ordering the goods in your shopping basket. You will receive an e-mail confirming reception of your order immediately after you submit the order. This confirmation of receipt does not constitute the conclusion of a contract. The contract is only concluded by our declaration of acceptance (order confirmation), which we will send you by separate e-mail. If you have not provided us with an e-mail address, we will send you our declaration of acceptance by post; in this case, the acceptance period is five working days from receipt of your order.
3. Contract language, contract text storage
The contract can be entered into in German or English language. We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.
4. Prices, shipping costs and delivery terms
All prices stated in our Online Shop are subject to the applicable statutory VAT. Shipping costs may apply in addition to the indicated product prices. These are listed in our Online Shop and can also be found in the order form.
The delivery times stated by us are calculated from the time of receipt of your order. Unless a different delivery time is stated for the respective goods in our Online Shop, it is 1-3 working days for deliveries within Germany and Austria and 2-5 days for the rest (for deliveries to Switzerland with an order value over EUR 1,000.00, the delivery time is up to 7 days).
We only deliver by shipping. Unfortunately, self-collection of the goods is not possible. We do not deliver to packing stations.
5. Payment
You agree to the transmission of all invoices by e-mail.
This consent can be revoked at any time.
The following payment methods are available:
- SEPA direct debit (Germany and other EU countries only)
- Invoice
6. Retention of title
We retain the title to the goods delivered by us until all our claims arising from the business relationship with you have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale in the amount of the invoice amount and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport damage
The risk of accidental destruction, damage or loss shall pass to you as soon as we have delivered the goods to the haulage contractor, forwarding agent or other person or body specified for carrying out the shipment. The obligation to inspect and give notice of defects regulated in Section 377 German Commercial Code applies to merchants within the meaning of the German Commercial Code. If you fail to notify us as regulated therein, then the goods are considered to have been approved, unless the defect was not apparent on inspection. This shall not apply if we have fraudulently concealed the defect.
8. Warranty and guarantees
The statutory warranty rights shall apply, in particular Sections 434 et seq. of the German Civil Code.
9. Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty
- in the event of guarantee promises, if agreed, or
- if the scope of application of the German Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential to the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or on the part of our vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected, unless we are liable without limitation in accordance with the preceding paragraph.
Otherwise, claims for damages are excluded.
10. Code of conduct
We have subjected ourselves to the Trusted Shops quality criteria, which can be viewed online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.
11. Final provisions
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal person under public law, or a special asset under public law, the exclusive place of jurisdiction for all disputes arising out of the contractual relationships shall be Frankfurt/Main, Germany.
As of August 2025
