Terms and conditions
General Terms and Conditions of Business
General Terms and Conditions
General Terms and Conditions of Yeti Dentalprodukte GmbH
(hereinafter referred to as the "Company")
Our sales and deliveries are made exclusively in accordance with the following General Terms and Conditions. By placing the order, but at the latest upon receipt of our goods or other services, the buyer declares his agreement to the validity of these terms and conditions - also for any subsequent transactions.
§ 1 Content of the contract:
Orders can be placed in writing, by telephone, by fax, by e-mail and via the Internet. If the order is not expressly confirmed by the company, the dispatch of the goods shall be deemed acceptance of the order. Verbal collateral agreements, the exclusion, amendments or additions to these terms and conditions require the express written confirmation of the company to be effective. This also applies to the waiver of this written form requirement. The validity of deviating or supplementary terms and conditions of the buyer is hereby rejected, even in the event that they are communicated to us in a letter of confirmation or in any other way. The customer's terms and conditions of purchase are excluded. In the event of counter-confirmation by the customer of his terms and conditions of purchase, these shall be deemed to have been rejected.
Offers from the company, including the sales prices stated in the company's price list, are subject to change unless expressly marked as binding. If an order is to be considered in accordance with § 145 BGB, it can be confirmed by the Company within 8 weeks. Acceptance can be made either by express order confirmation or implied by fulfillment. The contract is concluded exclusively by our written or text form order confirmation.
Due to legal restrictions, not all products offered are available in all countries. In particular, the shipment of hazardous goods is subject to restrictions and is associated with additional fees.
Unless we are informed in writing that the buyer only wishes to order a specific version of a product, the version modified in the course of technical development will be delivered.
In the case of alloys, price adjustments may occur due to price increases of individual components, such as cobalt.
Our offers and price lists are only valid for 24 hours.
We charge a daily storage fee of €0.05 per kilo for goods that are stored with us for longer than 10 working days. Plus a one-off handling fee of €10.
Unless otherwise agreed in the written order confirmation, our prices are ex works excluding shipping costs and packaging. The prices are subject to value added tax at the statutory rate, which is shown separately on the invoices.
It is not possible to return unsold items or to clear stock. We also exclude the return of our products outside of the complaints process, the only exception being tooth completions within Germany.
Any transfer, delivery, or resale of our products to other countries is strictly prohibited unless there is a current valid distribution agreement in place, not older than three years, in which each individual country to be supplied is expressly specified and has been explicitly authorized by us in writing.
§ 2 Delivery:
The company is entitled to make partial deliveries and partial services as is customary in the trade. The shipping costs shall be borne by the customer, unless the assumption of the shipping costs by the company has been expressly agreed in writing in advance. Unless the Customer expressly requests collection of the goods himself before placing the order, the shipment will be commissioned with the Incoterm EXW at the Customer's expense by the service providers selected by the Company on behalf of the Customer and charged on when the invoice is issued. If this is not desired, this must be expressly communicated in writing and clearly recognizable when the order is placed before our order confirmation. The shipping method is left to the discretion of the company. The place of fulfillment for all deliveries is the company's plant in Engen im Hegau. The risk of accidental loss of the goods shall pass to the customer upon handover to the carrier/forwarding agent. Under no circumstances shall the company bear the costs of transport insurance. Delivery shall be made to the kerbside, unless a different delivery condition has been expressly agreed in writing by both parties in advance.
Delays for which the customer is responsible, such as delays in advance payment, the granting of a release or the provision of documents, shall extend the delivery and performance period accordingly. The customer cannot derive any claims for damages from this. In the event of delays in delivery and performance due to force majeure, regardless of whether they occur at the company or at its suppliers or subcontractors, e.g. war, natural disasters, operational disruptions, lawful strikes, lockouts or official orders, the delivery dates/periods shall be extended by the duration of the hindrance and a reasonable start-up period. The customer cannot derive any claims for damages from this. The company shall inform the customer of the occurrence of the aforementioned circumstances.
Unless otherwise stated, we reserve the right to a delivery time of 6-8 weeks for goods in stock. If the goods are not in stock, the delivery time may be extended accordingly. Unless otherwise specified in the order confirmation, EXW shall apply in accordance with Incoterm 2020.
If acceptance does not take place on time through the fault of the customer, the company may choose to set a grace period of 10 days or withdraw from the contract or claim damages.
Installation, connection and commissioning: The products shall be installed, connected and commissioned by our specialist personnel. These services and any legally required acceptance tests shall be invoiced separately. Any necessary construction and installation work (in particular the laying of the necessary pipes for water supply and drainage, air, electricity and gas) are not part of our services. After handover, our personnel shall instruct the customer or the persons designated by the customer in the proper handling of the products.
If we provide software with our products, the customer and the operator authorized by the customer shall be granted the perpetual, non-exclusive and non-transferable right to use this software on the products with which it was delivered in unmodified form and for the purposes specified in the product description. If the software is installed on third-party systems, this work shall be charged to the customer at the hourly rate of an IT / CAD CAM support technician (€ 125 per hour). No guarantee is given that the systems are compatible. Software and the associated documentation may not be passed on to third parties - except to operators authorized by the customer. The customer may not copy, reverse engineer or reverse translate programs or extract program parts.
Unless otherwise agreed, the usage fee for the software provided with our products is included in the purchase price. Enhancements to the performance of products supplied to the customer by means of software shall be subject to a charge. If the customer himself or third parties carry out service work on the products on his behalf, a license agreement must first be concluded for a fee on account of our rights of use to the service software.
Commissioned goods: The customer shall take over the commission warehouse provided by the company and undertakes to store and maintain it properly. In particular, care must be taken to ensure that the goods are handled according to the "first in first out" principle so that only the latest batches are in stock. The company does not transfer ownership of the goods on consignment to the customer. The goods on consignment must be stored separately from other goods so that an overview of the existing stock can be guaranteed at all times. The customer shall be responsible for the care of the consignment goods provided. If the consignment stock is returned to the company one day, the missing, incomplete and damaged consignment goods will be invoiced at the current price. Likewise, goods on consignment whose batches are older than 18 months will be charged at the current price. It is not possible to top up the consignment goods.
If further goods on consignment are required or an increase in the consignment stock is desired, these will be treated as a repeat order and must be paid for at the current price. The consignment stock should turn over at least twice a year. Regular maintenance and replenishment of the consignment stock is the responsibility of the customer and their sales representatives. Irregularities in stock turnover or improper handling of the goods on consignment or late payment will result in the company immediately taking back the goods on consignment. The return of the consignment goods shall be at the expense of the customer. The customer may purchase the consignment stock at any time. In the event of the Customer's bankruptcy, the Customer shall immediately notify the Company of the goods on consignment for collection, subject to retention of title. The collection costs shall be borne by the customer. The customer is obliged to insure the goods on consignment adequately against fire, water damage, theft and other damage. He shall be liable, regardless of fault, for the risk of destruction, loss, theft, destruction of or damage to the goods on consignment. He is obliged to inform the company immediately in the event of damage.
Spare parts: Spare parts ordered cannot be returned or exchanged. All published documents, drawings, lists, etc. do not constitute repair aids. The repair of devices (especially electronic devices) may only be carried out by a trained specialist certified by the company. Any liability is excluded in the event of faulty repairs.
Disposal of old appliances: All appliances marked with a crossed-out dustbin must not be disposed of with household waste. If an appliance purchased from the company is to be disposed of permanently, the customer can contact the Service Center on +49 7733 9410-0. The postage costs for the return shipment shall be borne by the customer. The customer will not incur any further disposal costs.
Tools and models: If tools and models are developed by us for the execution of a customer order or assigned for development, these shall remain our property even after execution of the order. This shall also apply if the customer contributes to the development costs in whole or in part.
It is the customer's responsibility to maintain the products supplied by us and to protect them from intolerable environmental influences, e.g. chemical reactions. Normal wear and tear excludes a breach of duty by us. The customer is obliged to comply with our product instructions and safety data sheets. These can be requested in writing or downloaded from the website at any time.
§ 3 Payment:
The invoice shall be issued on the day of delivery or provision of the goods.
Our invoices are due immediately, unless otherwise agreed. Payment shall be deemed to have been made upon receipt in one of our accounts. Alternatively, the customer may issue us with a SEPA direct debit mandate. The period for pre-notification shall be reduced to 1 day. The customer must ensure that the account is covered. Costs incurred due to non-payment or reversal of the direct debit shall be borne by the customer if the customer is responsible for the non-payment or reversal of the direct debit. Credit notes are automatically offset for customers with direct debit. In all cases, the credit amounts are credited to the customer account and can subsequently be offset. The customer may only offset claims that are undisputed or legally binding. If the customer is in default with the fulfillment of an obligation incumbent upon him (e.g. timely fulfillment of the customer's requirements, acceptance of the delivery), the purchase price not yet due at this time shall become due for payment no later than 30 days after our notification of readiness for shipment.
§ 4 Default of payment:
In the event of default on one invoice amount, all other invoice amounts shall become due immediately. Interest shall be charged at the usual bank rates, reminder fees at cost. The company will not make any further deliveries or may demand advance payment before full payment of due invoice amounts including default interest and, if applicable, compensation for further damage caused by default.
§ 5 Notice of defects:
Returns of goods by customers require the prior consent of the company, unless the customer is entitled to a warranty claim. Medical products, articles no longer in the product range and articles with a stated minimum shelf life are excluded from return. Goods that are not included in the price list or that have been manufactured, modified or procured according to the customer's specifications may only be returned in the event of justified material defects. The customer shall bear the return costs in all cases. Claims for defects expire after 12 months. We accept no liability for frost damage.
§ 6 Warranty/Liability:
The acceptance of damaged parcels and pallets must be indicated and noted upon acceptance and reported on the same day! Material defects must be reported in writing immediately, in accordance with § 377 HGB (German Commercial Code) no later than 7 days after delivery. Any breach of the above obligation shall exclude any warranty claims against the company. In the event of justified, duly notified defects, the Company shall only be obliged, at its discretion, to provide subsequent improvement or subsequent delivery. The place of subsequent performance shall be the place of performance in accordance with §2 of the GTC. It shall be deemed to have failed at the earliest after three unsuccessful attempts. Complaints do not release the customer from the obligation to pay. The company accepts no liability for the improper use of the company's products. In countries into which, due to special legal product-related requirements, which in particular concern the product as such, its packaging and labeling, the products manufactured by the Company may not be imported in the same way as they are manufactured and marketed by the Company in the European Union, resale is generally prohibited. If special non-product-related sales regulations (advertising regulations, prescription requirements, etc.) or deviating technical requirements or binding standards exist in other countries outside the European Union, these must be observed by the customer. If the customer culpably disregards these requirements, he shall indemnify the company internally against claims by third parties which are triggered by disregard of the statutory product and sales-related requirements in other countries. In the event of personal injury or damage to property and in the event of incidents that could have led to personal injury or damage to property, the customer undertakes to inform the company immediately and to forward the defective product to the company as quickly as possible. In countries outside the European Union, the Customer shall inform the Company immediately of any problems arising from the import or use of the Company's products due to directives, laws or standards. If this is not done, the company accepts no liability for any resulting damage. The Company shall only be liable for intent and gross negligence and in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely ("cardinal obligation"). Liability is limited to the foreseeable damage typical for the contract. Liability for indirect or unforeseeable damages, in particular for loss of production and use, loss of profit, loss of savings and financial losses due to third-party claims, is excluded in the case of simple negligence, except in the case of injury to life, limb or health. Any further liability other than that set out in these General Terms and Conditions is excluded, regardless of the legal nature of the claim asserted. However, the above limitations or exclusions of liability shall not apply to mandatory statutory strict liability, such as under the Product Liability Act, or liability under a corresponding guarantee or if the defect was fraudulently concealed. The aforementioned exclusion or limitation of liability also applies to the personal liability of the company's employees, workers, representatives, organs and vicarious agents. The scope of any guarantee granted is described in each instruction manual and begins on the date of purchase from the depot/dealer. With regard to the downloads offered on the homepage, the company is liable for intent and gross negligence. The company shall only be liable for simple negligence, except in the case of injury to life, limb or health, if cardinal obligations, i.e. essential contractual obligations, are breached. Liability is limited to the foreseeable damage typical for this type of contract, up to a maximum amount of €5,000. Liability for indirect or unforeseeable damages, in particular for loss of production and use, loss of profit, loss of savings and financial losses due to third-party claims, is excluded in the case of simple negligence, except in the case of injury to life, limb or health. Any further liability other than that set out in these General Terms and Conditions is excluded, regardless of the legal nature of the claim asserted. However, the above limitations or exclusions of liability shall not apply to strict liability prescribed by law, e.g. under the Product Liability Act, or liability under a corresponding guarantee. The aforementioned exclusion or limitation of liability shall also apply to the personal liability of the company's employees, workers, representatives, organs and vicarious agents. Any claims for damages on our part shall be limited to such damages as are foreseeable for us at the time of conclusion of the contract from the use of the product supplied by us. In the case of cross-border deliveries to foreign customers, we do not undertake to check our products for compliance with special provisions of national law at the customer's place of business.
Handpieces and tips are not included in the scope of the WARRANTY.
Within the scope of the guarantee, the company will replace the unprocessed material free of charge. This is subject to the condition that the defective parts are returned for analysis. Further compensation is excluded. The warranty relates exclusively to the product and not to damage or consequential damage associated with it.
§ 7 Retention of title:
The delivered goods (reserved goods) remain the property of the company until full payment has been made.
The customer is entitled to resell or otherwise dispose of the goods as long as this is done in the course of normal business relations and as long as the customer is not in arrears with his due obligations to the company. If goods subject to retention of title are processed, the Company shall be entitled to co-ownership of the new goods in the ratio of the value of the goods to the value of the other processed items, but at least in the amount of the claim. The customer assigns to the company all claims arising from the resale, including all ancillary rights and any securities.
The pledging or transfer by way of security of goods subject to retention of title to third parties is excluded. In the event of seizure, the customer must expressly point out the retention of title and notify the company immediately. If the agreed payments are not made, the Company shall be entitled to demand the return of the goods subject to retention of title without prior notice.
§ 8 Place of fulfillment and jurisdiction:
The place of jurisdiction for any disputes between the company and our customer shall be agreed exclusively at the district court of Singen or the regional court of Constance, at our discretion.
§ 9 Data protection:
We are entitled to store and process customer data that we have received from the business relationship, insofar as the customer can dispose of them. The customer shall indemnify us against all claims of third parties with regard to the data provided. Insofar as data is transmitted to us - in whatever form - the customer shall make appropriate backup copies. Our server is backed up regularly. In the event of a loss of data, the customer shall be obliged to transmit the data concerned to us again free of charge. The customer is aware that it is possible for all participants in the transmission process to view transmitted data; the customer accepts this risk.
§ 10 Foreign transactions:
The following additional provisions apply to foreign transactions: All transactions are subject to German civil and commercial law. The provisions of international private law are expressly excluded. The company charges prepayment for deliveries abroad. Payment can be made by bank transfer. Orders with a net value of less than EUR 150.00 will incur additional processing costs of EUR 15.00. If the depot requests direct delivery to laboratory customers, we will charge an additional EUR 15.00. Freight and packaging costs will be charged at cost price in all cases. Any customs duties and bank charges incurred shall be borne by the customer. Customers and business partners must check all products for embargo regulations, sanctions and others before inquiring and ordering and may not inquire or order these products, which are prohibited. In the case of products for which licenses, approvals or other permits are required, the customer must make explicit reference to this in his inquiry and order and have this approved in writing by the company in advance. Customers and business partners as well as the respective contact persons and managing directors who are on any black lists such as sanction or financial sanction lists may not inquire or order from us and must also report this in writing to the company.
§ 11 Supplementary agreements for medical devices:
Supplementary agreements for medical devices in accordance with Directive 93/42/EEC / or Regulation (EU) 2017/745 The following points specify and regulate the measures provided for between the contracting parties in accordance with Directive 93/42/EEC or Regulation (EU) 2017/745 and their national implementation in Germany. The company maintains a QM system in accordance with EN ISO 13485 and fulfills the regulatory and legal European requirements for medical devices. The products supplied by the company are designed and manufactured in accordance with Directive 93/42 EEC and Regulation (EU) 2017/745. In accordance with the transitional provisions in Article 120 of Regulation (EU) 2017/745, products designed in accordance with Directive 93/42 EEC may still be placed on the market. The customer and the company undertake to ensure the following points below. In addition, the requirements of Article 14 of Regulation (EU) 2017/745 "General obligations of distributors" also apply. (a) Labeling: The identification, traceability and indication of additional product characteristics of medical devices is ensured by the company via article labels or UDI labeling on the product. The customer must retain the batch identification/serial number identification and ensure the traceability of each individual product via the downstream supply chain using the delivery documents, right through to the end customer. The legal and regulatory retention periods of 10 years must be ensured. Training: The customer shall ensure that its employees responsible for the distribution of the contractual product receive appropriate training (e.g. medical device consultant training). (b) Complaints handling/reporting: The customer undertakes to report any complaint to the company within 96 hours as well as incidents or occurrences that could have led to personal injury or damage to property within 24 hours. The defective medical device must be forwarded to the company within 24 hours. In the event of reportable incidents and occurrences, the company and the customer shall inform each other immediately and obtain and exchange all available information required for processing, further notification and conclusion of the processes. The customer undertakes to grant access to the relevant end customer data in the event of requests from notified bodies or authorities. The customer undertakes to cooperate with the company in the event of incidents, recalls and reporting obligations, even beyond the end of this contract. Recall actions must always be coordinated with the company before they are initiated (c) Registrations of medical devices outside the EU: The company fulfills the requirements for medical devices that apply in the EU. National laws outside the EU are taken into account as part of the registration process. The company is responsible for the registration of the products as a manufacturer within the meaning of Directive 93/42 EEC or Regulation (EU) 2017/745 and this may only be initiated by the company. If the customer intends to offer products in countries in which the company does not yet have a registration for the product (outside the EU), the company and the customer will jointly decide on an approval, whereby in the event of a disagreement, the company's vote will take precedence. In these cases, the company and the customer must define who will act as the distributor (depending on the country-specific circumstances and registration process). The implementation of the resulting national requirements must be individually agreed and approved by the company. (d) Resale outside the EU: In countries in which, due to special legal product-related requirements, which in particular concern the product as such, its packaging and labeling, the products manufactured by the company, in particular medical devices, may not be imported as they are manufactured and placed on the market by the company in the European Union, resale is generally prohibited. Misprints and errors excepted.
The medical devices are only approved for use by dental professionals and therefore do not require any additional instructions. All documents such as safety data sheets, operating and processing instructions and other information can be found on our website under the respective article or in the download area. A service fee of € 62.50 is charged for the expansion and liquidation of a commission warehouse.
§ 12 Cancellation policy:
If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs), to revoke without giving reasons.
To exercise your right of withdrawal, you must contact us:
Yeti Dentalprodukte GmbH
Industriestrasse 3a
78234 Engen
Phone: +49 7733 / 94 10 - 16
E-mail: info@yeti-dental.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the goods via our online returns center within the period defined below.
For additional information regarding the scope, content and explanation of the exercise, please contact our customer service.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return the goods immediately and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract to
Yeti Dentalprodukte GmbH
Industriestrasse 3 a
78234 Engen
Telephone: +49 7733 / 94 10 - 16
E-mail: info@yeti-dental.com
to return or hand over the goods. The deadline is met if you send the goods before the period of 14 days has expired. You shall bear the direct costs of returning the goods.
Exceptions to the right of withdrawal
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
for services, if the company has provided these in full and you have acknowledged and expressly agreed before placing the order that we can begin to provide the service and you lose your right of withdrawal upon complete fulfillment of the contract;
for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; and
for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the trader has no influence.
Exclusion of the right of withdrawal
If general terms and conditions have not become part of the contract in whole or in part or are ineffective, the rest of the contract remains effective. Insofar as the provisions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions. Should individual provisions of this partnership agreement be invalid, this shall not affect the validity of the remaining provisions of the agreement, which shall be replaced by a provision that comes closest to the meaning and purpose of the invalid provision.
The General Terms and Conditions in German are authoritative. Other languages are only translations and serve as a guide.