I. General
1. These terms and conditions of sale shall apply exclusively to all contracts concluded between the Buyer and us for deliveries and services, including contracts arising from future business relationships. Any deviating terms and conditions of the Buyer that we do not expressly acknowledge shall be non-binding, even if we do not expressly object to them. Further agreements or additions must be in writing, unless they constitute individually negotiated agreements within the meaning of § 305b BGB. Our terms and conditions apply only to entrepreneurs (§ 14 BGB).
2. Our offers are non-binding and subject to change.
II. Shipping and Delivery Conditions
3. The content of the purchase contract alone is decisive for the delivery. Any other agreements (e.g., verbal, by telephone, or by e-mail) are only binding if confirmed in writing by us and issued by authorized representatives.
4. Our flat-rate shipping costs, partially borne by the customer, amount to €19.90 per order. Depending on the order value, this fee may be waived.
5. Express deliveries by the next business day at 12:00 noon are subject to an additional fee of €15.00.
III. Payment Terms
6. Payment is due within 30 days net from the invoice date, unless explicitly agreed otherwise in writing.
7. In the event of late payment, default interest of 1% per month from the due date will be charged, as far as legally permissible. The Buyer may provide evidence of a lower default loss, and we reserve the right to claim a higher default loss. If the Buyer defaults on a payment, we are entitled to demand immediate payment of all other outstanding claims (acceleration of maturity).
8. If we become aware of the Buyer’s insufficient creditworthiness after conclusion of the contract, we are entitled to request advance payment or security immediately. If this request is not met, we may withdraw from the contract and cancel any concluded purchase contracts. In this case, we are entitled to claim damages for non-fulfillment.
9. Payment must be made exclusively to the bank account specified in our invoice.
10. The Buyer’s right of retention is excluded unless it is based on the same contractual relationship. Offsetting against counterclaims is only permissible if these are undisputed or legally established.
11. Retention of title applies in accordance with § 449 BGB. This applies in particular to consignment stock.
12. Extraordinary dispositions of goods subject to retention of title or leased goods (e.g., security transfers, pledges) are only permitted with our prior written consent. The Buyer must immediately notify us of any seizures or other third-party access to goods owned by us and provide the necessary documents for intervention. The Buyer is also obliged to protect our rights to the best of their ability.
IV. Goods on Consignment (Depot) or Rental
13. Goods that are in the possession of the Buyer but remain the property of Plasmaconcept AG (e.g., consignment stock, rented products including accessories) must be handled with care by the Buyer and maintained and stored in marketable condition in accordance with the Medical Device Regulation (MDR, Regulation (EU) 2017/745) and the operating instructions.
14. If consignment stock stored by the Buyer loses its marketability due to the Buyer’s fault, Plasmaconcept reserves the right to invoice the goods to the Buyer. The same applies to damages to rented devices including accessories caused by improper handling. In such cases, a proportional fee for repair or disposal may be charged.
V. Returns
15. The Buyer must inspect the goods immediately upon receipt for any defects and notify Plasmaconcept of any defects within 5 days.
16. There is no statutory right of return. Returns are accepted exclusively on the basis of individual agreements (goodwill). To clarify whether a return on a goodwill basis is possible, the customer service (kundenservice@plasmaconcept.de
VI. Liability / Compensation
17. We are liable for damages—regardless of the legal reason—only in accordance with the following provisions:
• We are fully liable for intent and gross negligence.
• In cases of slight negligence, we are only liable for the breach of essential contractual obligations (cardinal obligations). Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on which the Buyer regularly relies.
• In these cases, liability is limited to the foreseeable damage typically occurring at the time of contract conclusion.
• Liability for slight negligence, such as in the case of delivery delays, is excluded.
• Liability for damages resulting from injury to life, body, or health, for assumed guarantees, and under the Product Liability Act remains unaffected.
VII. Final Provisions
18. The place of performance and jurisdiction for all disputes arising from the contractual relationship is Cologne. We may also sue the Buyer at their general place of jurisdiction at our discretion.
19. German law applies to the business relationship between us and the Buyer.
20. The Buyer shall bear all fees, costs, and expenses incurred in connection with any legally successful enforcement of claims against them outside Germany.
21. We have the right to assign our claims against the Buyer to a third party.
22. Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the valid provision that comes closest to the intended economic purpose shall be deemed agreed.
Plasmaconcept AG
Breite Str. 2–4
50667 Cologne
Customer Service:
Email: kundenservice@plasmaconcept.de
Phone: +49 (0)221 845625-0
Status: October 2025
