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These terms and conditions apply to all legal relations of Republic GmbH, Bopserstraße 15, 70180 Stuttgart, hereinafter: "Medical Republic", towards users of the internet site https://medicalrepublic.de/ and all sub-sites (hereinafter: "internet site"). Deviating regulations of the users do not apply, unless Medical Republic has confirmed this in writing. Individual agreements between Medical Republic and the users always have priority. The business relations between Medical Republic and the users are subject to the law of the Federal Republic of Germany. For consumers this choice of law is only valid as far as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The user can call up, save and print out these General Terms of Use. Otherwise the text of the contract will not be saved by Medical Republic after the conclusion of the contract and is therefore not accessible. The contract language is German. The place of jurisdiction is Stuttgart, Germany, if the user is a merchant or a legal entity under public law or a special fund under public law. The same applies if a user does not have a general place of jurisdiction in Germany or if the residence or habitual abode is not known at the time of filing a suit. Users who are consumers have the possibility to use an alternative dispute resolution. The following link of the EU Commission (also called OS Platform) contains information about online dispute resolution and serves as a central contact point for the extrajudicial settlement of disputes arising from online service contracts: http://ec.europa.eu/consumers/odr. Duty to inform according to the Consumer Dispute Settlement Act (§ 36 VSBG): Medical Republic is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.
Medical Republic operates a virtual platform on which users advertise and offer for sale medical products (hereinafter: "Products"). On the Website, a seller can advertise products for a monthly fee after prior registration. Prospective buyers can contact the seller after prior registration, also free of charge, for example to ask questions about the product or to make a binding offer to purchase the product. Any purchase contract will be negotiated and concluded directly between the users, without participation of Medical Republic. Medical Republic expressly points out that the users are exclusively responsible for the contents of the advertisements or offers. The products offered by users are explicitly not offers of Medical Republic. Medical Republic only provides the technical framework for the initiation of contact between the users, but has no influence on the contents of the advertisements or offers of individual users or on the products themselves. A later contract is always only concluded between the users and Medical Republic is in no case liable for its fulfillment. Medical Republic may restrict access to its own services, if the security of the website or the stored data and the maintenance of the operation require it.
Visiting the website is free of charge and possible without registration. However, users must register with Medical Republic before they can actively use the platform, i.e. advertise a product, offer it for sale, contact the seller or make an offer to buy the product. The registration is free of charge. The registration as a user takes place by opening a user account, whereby the respective user must accept these General Terms of Use. When registering, a user must provide an e-mail address and a password. The user will receive an e-mail from Medical Republic with a link to confirm the registration. A registration that a user does not complete within one week by logging on to the website for the first time or by clicking on the link in the confirmation email can be deleted by Medical Republic. With the confirmation of the registration by the user, a contract for the use of the Website (hereinafter referred to as "Usage Contract") is concluded between Medical Republic and the respective user. Until the registration process is completed, a user can correct his entries directly in the corresponding input fields using the usual keyboard, mouse and touch screen functions. Communication between Medical Republic and the user and later between the users will take place via the e-mail address provided. The data requested by Medical Republic must be entered correctly. If the data changes subsequently, the user is obliged to correct the data immediately. A prerequisite for the conclusion of the contract is that the user is fully capable of contract. There is no claim to the conclusion of the contract of use.
After completing registration, a user can advertise or offer for sale a product on the website. In the offer, the user must provide his/her name, postcode, city and e-mail address. The telephone number and the exact address can be entered voluntarily. Every registered user has the opportunity to contact the seller, for example to ask questions about the product or to make a direct offer to purchase the product. This contact and further communication between the users cannot be viewed by users other than the two parties involved, as the seller contacts them via an internal messaging system. The users have the possibility to conclude a sales contract for the product. In this case the user is obliged to remove the offer from the platform immediately. Furthermore, the User can change the offer at any time or remove it from the platform and decide whether he wants to publish it again at a later date. The users are obliged to treat the communication on Medical Republic confidentially. Prices for highlighted ads (only for entrepreneurs) The use of the platform as well as the contact between the users is free of charge. Users have the possibility to have their advertisement always positioned at one of the first positions, as well as in the top ad bar on the start page. This service costs 4.99 EUR (excl. VAT). The price is due for payment in advance (prepayment) and is payable immediately, e.g. via PayPal. The service is valid for 7 days, then it expires automatically and must be booked again, if desired. With the payment method "PayPal", the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://paypal.com/de/webapps/mpp/ua/useragreement-full. If a user defaults on his payment obligations, Medical Republic may claim damages according to the legal provisions. Medical Republic will always issue an invoice to the user, which will be sent to the user by email.
The contract of use between Medical Republic and a registered user is unlimited. The contract can be terminated at any time without notice by either party. The usage data will be deleted or made anonymous within one week after receipt of the notice of termination. The right of extraordinary termination for important reasons remains unaffected. Every cancellation must be made in writing, by e-mail. Obligations of conduct of the users, exemption in case of violations Users may only offer medical products that are approved as such, have a corresponding CE marking and are marketable. Users must observe legal restrictions and prohibitions, especially within the framework of the German law on medical products (MPG). For example, no prescription drugs or prohibited substances or narcotics may be offered. Medical Republic would like to point out that with regard to products offered for sale outside of Germany, other legal restrictions may exist which must be observed. Users, who offer goods to consumers in the course of their commercial or self-employed professional activities, are obliged to provide them with the legally required consumer protection information and to instruct them about the existence or non-existence of a right of withdrawal. Prices can be stated as final prices or as prices on a negotiated basis and are subject to statutory value added tax where applicable (see ...). Further costs (e.g. for packaging and shipping) are to be agreed between the contractual partners. Medical Republic does not verify the information provided by users on the website. However, if Medical Republic becomes aware that a user is in breach of these terms of use or of any legal regulations, the illegal content will be removed immediately or access to it will be blocked. The user alone is responsible for ensuring that he/she has all rights with regard to the contents published by him/her and that no rights of third parties are infringed by this. Every user irrevocably and free of charge grants Medical Republic the right to use and exploit the contents provided by him/her on the website, unlimited in space, time and content. Every user is obligated not to use the offer of the Website to publish content, to submit offers or to transmit messages that are are immoral, pornographic, racist or otherwise objectionable are unobjectively or intentionally untrue, violate the rights of third parties, in particular copyrights otherwise violate applicable laws or constitute a criminal offence contain viruses or other computer programs that may damage software or hardware or impair the use of computers, are surveys or chain letters or disguised advertising, or serve the purpose of collecting and/or using personal data of other users, especially for business purposes. Users may only make serious and content-related advertisements or sales offers on the website. Users may not make offers under a false name. Every user is obligated to inform Medical Republic immediately if there are any indications that his user access has been abused. Every user is basically liable for all activities that are carried out using his user access and indemnifies Medical Republic from possible claims for damages from third parties, unless the user is not responsible for the abuse. Each user is obligated, at his or her own expense, to indemnify, hold harmless and defend Medical Republic against any and all claims, actions or lawsuits of third parties against Medical Republic or its legal representatives or agents, as well as against all related obligations, damages, settlements, penalties, fines, unless the user is not at fault, Any costs or expenses (including, without limitation, attorneys' fees and other reasonable attorneys' fees) incurred by Medical Republic or its legal representatives or agents arising out of or in connection with any breach by the User of these Terms of Use or any applicable laws, regulations or requirements in connection with the use of the Site. In such a case, Medical Republic shall notify the User in writing of any such claim, suit or proceeding. The User shall participate as far as possible in the defense of any such claim, action or proceeding.
Medical Republic may take the following measures if there are concrete indications that a user is violating legal regulations, rights of third parties or these terms of use, or if Medical Republic has any other legitimate interest, especially to protect other users: Warning (caution) of users, Temporary, partial or permanent suspension of the user. Medical Republic may also permanently exclude a user from active use of the Website (permanent blockage) if the user repeatedly offers medical products for sale without compliance with legal regulations, if the user has provided false contact information during registration, especially a false or invalid email address, if the user causes significant harm to other users or to Medical Republic, or for any other important reason. As soon as a user has been temporarily or permanently blocked, he/she may no longer use the Website with other user accesses and may not register again. A blocked account cannot be restored, there is no claim for restoration. Medical Republic reserves the right to take legal action in any case.
Users may not use any mechanisms, software or other scripts in connection with the use of the website that could disturb the functioning of the website, in particular those that enable automated page calls to be generated. Users may not take any measures that could result in an unreasonable or excessive load on the infrastructure. Users may not block, overwrite or modify any content generated by Medical Republic or otherwise interfere with the Website.
Beyond the liability for material defects and defects of title, Medical Republic is liable without limitation as far as the cause of damage is based on intent or gross negligence. Medical Republic is also liable for the slightly negligent violation of essential obligations (obligations, the violation of which endangers the achievement of the purpose of the contract) and for the violation of cardinal obligations (obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the user regularly relies), but in each case only for the foreseeable, contract-typical damage. In particular Medical Republic is only liable for the loss of data in the amount of the effort, which arises, if the user has carried out a regular and adequate data backup and thereby ensured that lost data can be restored with justifiable effort. Medical Republic is not liable for a loss of data, due to an error of the provider company as well as hackers, nor is Medical Republic liable for the slightly negligent violation of other obligations. The limitations of liability of the preceding paragraph do not apply in case of injury to life, body and health. If the liability of Medical Republic is excluded or limited, this also applies to the personal liability of its employees, representatives and assistants.
No right of revocation applies to contracts for free services such as the free use of the platform offered by Medical Republic (see § 312 para. 1 BGB).
The collection, processing and use of personal data of users by Medical Republic is carried out in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) as well as in accordance with the Privacy Policy.
Medical Republic reserves the right to change these General Terms of Use at any time and without giving reasons. The changed conditions will be sent to the users by e-mail at least two weeks before they become valid. If a user does not object to the amendment of the new Terms of Use within the two weeks after receipt of the e-mail, the amended terms shall be deemed accepted. Medical Republic will separately inform the users about the significance of this period in the email containing the changed terms.
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Activate your profile with receiving email!
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