General Terms and Conditions (GTC) of Kay GmbH, for the offer on the website www.medikay.de - hereinafter referred to as Medikay, as of August 30, 2022

§ 1 Conclusion of contract
Unless otherwise noted in the article, the product range offered is aimed exclusively at professional users such as doctors, health professionals or tradespeople such as wholesalers or pharmacies. The authorized buyer groups are displayed for the article. The offer is expressly not aimed at consumers (§ 13 BGB) and also not at other traders who are not listed in the article. By placing your order, you confirm that you belong to the group of buyers you met during the purchase process. The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking the "Send order" button, you place a binding order for the goods contained in the shopping cart. The receipt of your order will be confirmed together with the acceptance of the order with the payment method advance payment, Giopay and Sofortüberweisung (Sofort) immediately after sending by automated e-mail.The purchase contract has been concluded with this e-mail confirmation, but only if the authorized group of buyers can be clearly identified from the address or another unequivocal proof has been provided. With the payment method invoice and cash on delivery, the order is only accepted upon delivery. No sales contract is concluded for products that are not listed in the purchase confirmation and/or that are not sent. Medikay sells all products basically only in use usual amounts. The contract language is German.

§ 2 Shipping costs and shipping, prices are net without VAT.
Please refer to the item description for your share of the shipping costs per purchased item. Unless otherwise stated, the following applies to domestic shipping (within Germany):
- Selection of standard shipping method: with an order value of up to 99.99 euros, shipping flat rate of 5.03 euros. From an order value of 100 EUR there are no shipping costs.
- Selection of alternative shipping service providers: Shipping flat rate 3.99 euros
- Select express shipping: shipping flat rate 14.99 euros

The following prices apply to international shipping*:
13.44 euros will be charged regardless of the order value. The payment methods cash on delivery, direct debit and invoice are not possible. * Shipping only to the following countries, only mainland: Belgium, Denmark, England, Estonia, Finland, France, Greece, Ireland, Italia, Latvia, Lithuania, Luxembourg, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovak Republic, Slovenia, Spain, Czech Republic, Hungary.

By sharing the shipping costs, the actual postage/freight costs are covered. Every package is insured, uninsured shipping is expressly not offered. Your share of the shipping costs are not negotiable.

§ 3 Delivery / terms of payment / retention of title
The goods are delivered in all cases only against prepayment (bank transfer, Giopay and Sofortüberweisung - Sofort) or cash on delivery and invoice. The invoice payment method requires prior individual activation of the customer account by Medikay. The dispatch takes place exclusively via a company selected by Medikay.

With the payment method cash on delivery and invoice, the payment of the purchase price together with the shipping costs announced in the item description is due immediately upon conclusion of the contract (see § 1).

If you carry out the order with the payment method invoice, we will check your order after receipt of the order and inform you of any rejection of the payment method. In this case it is possible to complete the order with another available payment method.

Estimated delivery time for available products is 4 business days. Availability is indicated for each item. This display is updated daily and shows the last inventory since the check. The delivery times for unavailable items are also indicated with the products and may vary. The delivery time may change depending on an in-house delivery. We will inform you after receipt of your order, but no later than after 2 working days, if an item is not immediately available.

The goods remain the property of Medikay until full payment has been made. Apart from that, Medikay also reserves the right to deliver in partial deliveries if this makes sense for technical or other reasons, whereby this has no effect on your share of the shipping costs.

§ 4 Right of Withdrawal
Medikay is entitled to withdraw from the delivery contract if circumstances arise that make the fulfillment of the contract unreasonable. This is, for example, strikes, lockouts, failure of subcontractors. Cases of force majeure and comparable.
If, after the conclusion of the contract, we learn of a significant deterioration in the buyer's financial situation, we can make outstanding services dependent on an advance payment or security deposit. If the buyer - even after setting a reasonable period of grace - makes neither the advance payment nor the provision of security, we can withdraw from the contract in whole or in part.

§ 5 Severability Clause
Should even a part of a clause of these terms and conditions be ineffective/void/illegal, the remaining provisions will not be affected. The ineffective/void/illegal part is to be replaced by an effective one that comes closest to the economic will of both parties.

§ 6 Further agreements / text form
Subsidiary agreements have not been made. Text form is required for all agreements. This also applies to the waiver of this text form clause.

§ 7 Place of Jurisdiction / Place of Fulfillment / Intersecting General Terms and Conditions / Applicable Law
Krefeld is agreed as the place of jurisdiction and place of performance for obligations of both parties to the contract of sale, insofar as this is legally permissible. Only these General Terms and Conditions form the basis of the contract; other General Terms and Conditions, in particular those that contradict here, are hereby contradicted. German law applies (as far as permissible) to the exclusion of the UN Sales Convention.

§ 8 Address suitable for summons / imprint:
Kay GmbH, Managing Director André Kothes, Pöttbeek 4, 47638 Straelen (Germany / Deutschland)
Phone: 02151-9345610, Fax: 02151-9345619
Email: info(at)medikay.de
Registration number: HRB 17210
Registration court: district court Kleve
VAT ID No.: DE297964676
Tax office: funds