1. Scope
1.1. In addition to selling medical technology, software, goods and services in the field of radiology, Hollmann Medical GmbH (hereinafter “Hollmann Medical”) also provides brokerage for the purchase of suitable medical technology, software, goods and services (hereinafter the “Services”) for the operation of practices and clinics. These GTC govern the provision of the Services by Hollmann Medical.
1.2. Hollmann Medical addresses in particular self-employed physicians, persons working independently in the healing professions, clinics and hospitals and similar companies and service providers (hereinafter: interested parties). Hollmann supports them in selecting providers and in acquiring devices, software and services. The offering is expressly not aimed at patients or private individuals.
2. Services provided by Hollmann Medical GmbH
2.1. Hollmann Medical provides various information and other services on the subject of medical technology in the field of radiology for use for a limited period. Such services may include, for example, making available data, contributions, image and/or audio documents, information and other content (hereinafter collectively referred to as “Content”).
2.2. The available Content is largely protected by copyright or other intellectual property rights and is owned by Hollmann Medical or by other third parties who have made the respective Content available. The compilation of the Content as such may be protected as a database or database work within the meaning of Sections 4(2), 87a(1) of the German Copyright Act (UrhG).
2.3. The available Content originates partly from Hollmann Medical and partly from other third parties. Content from other third parties is referred to below collectively as “Third-Party Content”. Hollmann Medical does not check Third-Party Content for completeness, accuracy and legality and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and topicality of Third-Party Content. This also applies with regard to the quality of Third-Party Content and its suitability for a particular purpose, and also insofar as it is Third-Party Content on linked external websites.
2.4. Texts, graphics and tables are to be regarded only as assistance and do not replace advice prior to the purchase of suitable medical technology. In principle, for all Content (texts, graphics, tables and videos) it applies that the medical information must under no circumstances be regarded as a substitute for professional advice.
2.5. Hollmann Medical exclusively brokers the contact between interested parties and partners. Neither the conclusion of the requested contract for the provision of services or the acquisition of a piece of medical technology, nor the successful performance of such a contract, is owed by Hollmann Medical.
2.6. Hollmann Medical does not check the approval or legality of devices or offers. Hollmann Medical works preferably with established companies, but assumes no liability for the selection. There may be cheaper offers, more suitable devices or better providers within the EU for a specific enquiry.
2.7. Legal transactions, liability cases, etc. arising from the services of Hollmann Medical are the sole responsibility of the buyers and sellers.
2.8. Articles published by Hollmann Medical and content from sellers do not represent the opinion of Hollmann Medical and are generally not checked by Hollmann Medical for legality, accuracy and completeness. Where Hollmann Medical publishes content itself, this is based on external information. Although Hollmann Medical researches carefully, it assumes no liability for this content.
3. Limitation of liability
3.1 Hollmann Medical is liable without limitation for damage caused intentionally or through gross negligence by Hollmann Medical or by its legal representatives, senior employees or ordinary vicarious agents.
3.2 In cases of slightly negligent breach of material contractual obligations, the liability of Hollmann Medical is limited to the damage that must typically be expected to arise within the framework of the respective contractual relationship (damage typically foreseeable for the contract). This also applies to slightly negligent breaches of duty by the legal representatives, senior employees or ordinary vicarious agents of Hollmann Medical. Material contractual obligations are all obligations that are material for the type of contract, that are owed under the contract and that are “of eminent importance” for achieving the purpose of the contract.
3.3 The above limitation of liability does not apply in cases of fraudulent intent, in the case of injury to body or health, for the breach of guarantees or for claims under product liability law.
3.4 Hollmann Medical is not liable for breaches of duty arising within the framework of any contractual relationship concluded between buyer and seller.
3.5 The above exclusions and limitations of liability do not apply insofar as mandatory statutory provisions conflict with them.
4. Data protection
Data is collected, processed and stored exclusively in accordance with the requirements of German data protection law. The data protection provisions form part of these GTC and can be accessed at any time on the Hollmann Medical online portal.
5. Transfer of rights and obligations to a third party
Hollmann Medical is entitled to transfer the rights and obligations arising from the contractual relationship in whole or in part to a third party without prior notice. In the event of a partial or complete transfer of rights and obligations to a third party, the buyer is entitled to terminate the contractual relationship as of the date of the transfer.
6. Amendments to the GTC
Hollmann Medical reserves the right to amend these GTC at any time and without stating reasons. Amendments will be announced no later than two weeks before they come into force. Unless an objection is raised within two weeks of the announcement, the amended GTC are deemed to be agreed. Hollmann Medical undertakes to point out, when announcing the amendments, the significance of the above period including the consequence of failing to object.
7. Applicable law / place of jurisdiction
7.1 These GTC are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
7.2 The place of jurisdiction for all disputes arising from the use of Hollmann-medical.com is Meinerzhagen, insofar as such an agreement on jurisdiction is permissible.
8. Final provisions – severability clause
If a provision of these GTC or of other contractual agreements proves to be invalid or becomes invalid due to a subsequent development, the remaining provisions remain unaffected. An invalid provision or any gap in the provisions shall be replaced by the statutory rules.
9. Written form requirement
Amendments or additions to these sales and delivery conditions must be made in writing. Verbal side agreements are not valid.