Terms of service
General Terms and Conditions of MEDBY Store
1. Scope of Application
These General Terms and Conditions apply to all orders placed by consumers or businesses through the MEDBY Store online shop.
A consumer is any natural person who enters into a legal transaction primarily for purposes that cannot be attributed to their commercial or independent professional activity.
A business is a natural or legal person, or a partnership with legal capacity, that acts in the course of its commercial or independent professional activity when entering into a legal transaction.
Any conflicting terms and conditions of the customer shall not be accepted unless their application has been expressly agreed.
2. Contracting Party
The purchase contract is concluded with:
MEDBY Store
Mehringweg 15
21073 Hamburg
Germany
Phone: +49 176 31476901
Email: mf5681976@gmail.com
3. Conclusion of the Contract
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to the customer to place an order.
The customer may select the desired products and add them to the shopping cart using the “Add to cart” button.
Before submitting the order, the customer may review and change their information or cancel the ordering process.
By clicking the “Order with obligation to pay” button or another correspondingly and clearly labelled button, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
After the order has been received, the customer will receive an automatic order confirmation by email. The automatic order confirmation initially only documents that the order has been received.
The contract is concluded as soon as MEDBY Store:
- expressly confirms the order,
- dispatches the goods, or
- accepts the payment through the selected payment service provider.
MEDBY Store is entitled to reject an order if a product is unavailable, the payment cannot be confirmed, or there is reasonable suspicion of misuse or false information.
4. Contract Language and Storage of the Contract Text
The language available for concluding the contract is German.
The order information and these General Terms and Conditions will be sent or made available to the customer as part of the order confirmation by email.
The customer may save or print the order information and these General Terms and Conditions before submitting the order.
5. Products and Product Representations
MEDBY Store makes every effort to present the products offered as accurately as possible.
Depending on the screen, device, lighting and device settings, colours and representations may differ slightly from the actual product.
The essential characteristics of the products offered are set out in the respective product description.
Information relating to dimensions, weight, colour, battery life, performance or materials shall only be binding where it is expressly identified as binding.
Minor deviations that are reasonable for the customer remain permissible, provided that they do not affect the contractual use of the product.
MEDBY Store reserves the right to correct product descriptions or remove products from its range.
Contracts that have already been concluded shall remain unaffected.
6. Prices
All prices stated in the online shop are total prices in euros.
Where the German small business regulation applies, the following provision applies:
In accordance with Section 19 of the German VAT Act, no value-added tax is shown.
Any additional shipping costs will be clearly displayed to the customer before the order is completed.
The price applicable to an order is the price displayed in the online shop at the time the order is submitted.
MEDBY Store reserves the right to change prices for future orders.
Obvious typing, calculation or pricing errors may be corrected.
If an order has been placed on the basis of an obviously incorrect price, MEDBY Store may reject the order or inform the customer of the correct price and request renewed confirmation.
7. Payment Methods
The available payment methods will be displayed to the customer during the ordering process.
Depending on the payment method selected, payment processing may be handled by an external payment service provider.
The terms and conditions and privacy notices of the relevant payment service provider may also apply.
The purchase price is due immediately after the contract has been concluded, unless otherwise stated for the selected payment method.
The customer is required to provide complete and accurate payment information.
In the event of a chargeback or failed payment for which the customer is responsible, the actual costs incurred and legally permissible may be charged to the customer.
8. Delivery and Shipping
Delivery will be made to the delivery address provided by the customer during the ordering process.
The estimated delivery time will be displayed on the product page or during the ordering process.
Unless otherwise stated, the delivery time within Germany is approximately 4 to 7 business days.
In the case of payment in advance, the delivery period begins on the day following the issue of the payment instruction.
For other payment methods, the delivery period begins on the day following the conclusion of the contract.
Sundays and public holidays at the place of delivery are not considered business days.
If an ordered product is unavailable, the customer will be informed immediately. Any payments already made for products that cannot be delivered will be refunded.
Partial deliveries are permitted where they are reasonable for the customer. No additional shipping costs will be incurred as a result.
In the case of consumers, the risk of accidental loss or accidental deterioration of the goods generally passes only when the goods are handed over to the consumer or to a recipient designated by the consumer.
9. Delivery Delays
All delivery times stated are estimated delivery times.
Delays may occur in particular due to the shipping provider, increased order volumes, force majeure, strikes, official measures or other unforeseeable events.
Where MEDBY Store is not responsible for the delay, the delivery time will be extended by a reasonable period.
The customer’s statutory rights remain unaffected.
10. Incorrect or Incomplete Delivery Address
The customer is required to provide a complete and accurate delivery address during the ordering process.
If a shipment cannot be delivered because the customer provided an incorrect or incomplete address, MEDBY Store may charge the actual costs incurred for reshipping the order, provided that the customer is responsible for the incorrect information.
This shall not apply where the customer proves that no costs or substantially lower costs were incurred.
11. Retention of Title
The delivered goods remain the property of MEDBY Store until the purchase price has been paid in full.
In relation to business customers, MEDBY Store retains ownership of the delivered goods until all claims arising from the ongoing business relationship have been settled in full.
12. Right of Withdrawal
Consumers generally have a statutory right of withdrawal in the case of distance contracts. The withdrawal period is generally 14 days.
The details concerning:
- the withdrawal period,
- the withdrawal procedure,
- the consequences of withdrawal,
- the return shipping costs, and
- the model withdrawal form
are set out in the separate cancellation policy of MEDBY Store.
The customer must be informed of the right of withdrawal and the model withdrawal form before the contract is concluded.
Statutory exceptions to the right of withdrawal remain unaffected. This may apply in particular to goods made to the customer’s specifications or clearly personalised to meet the customer’s individual requirements.
13. Returns
Returns must be sent to the return address stated in the cancellation policy.
Customers are requested to package the goods carefully and, where possible, return them in suitable packaging.
Use of the original packaging is not a requirement for the valid exercise of the statutory right of withdrawal.
Unpaid returns should be avoided where possible.
This request does not restrict the customer’s statutory rights.
Where the customer has been properly informed, the customer shall bear the direct costs of returning the goods.
14. Statutory Liability for Defects
The statutory rights relating to defects apply.
MEDBY Store is required to deliver goods that are free from material and legal defects.
If the delivered goods are defective, the customer may initially request supplementary performance in accordance with the statutory requirements.
Depending on the applicable legal requirements, supplementary performance may take the form of repair or replacement.
If supplementary performance fails or the legal requirements are otherwise met, the customer may in particular:
- reduce the purchase price,
- withdraw from the contract, or
- claim damages.
Additional guarantees only apply where they are expressly stated in the product description or in a separate guarantee declaration.
A voluntary guarantee does not restrict the customer’s statutory rights relating to defects.
15. Transport Damage
Customers are requested, where possible, to report goods with obvious transport damage immediately to the delivery company and to inform MEDBY Store.
For consumers, failure to report transport damage does not affect their statutory rights relating to defects and warranties.
For business customers, the statutory inspection and notification obligations apply.
16. Liability
MEDBY Store shall have unlimited liability:
- in cases of intent and gross negligence,
- in the event of injury to life, body or health,
- under product liability legislation,
- to the extent of an expressly assumed guarantee, and
- in other cases of mandatory statutory liability.
In the event of a slightly negligent breach of an essential contractual obligation, liability shall be limited to the foreseeable damage typical of the contract.
Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the customer may regularly rely.
Otherwise, liability for damage caused by slight negligence is excluded to the extent permitted by law.
These liability provisions also apply for the benefit of the legal representatives, employees and agents of MEDBY Store.
17. Customer Reviews and Submitted Content
Customers may voluntarily provide MEDBY Store with reviews, photographs, videos or other content.
The customer confirms that they hold the necessary rights to the submitted content and that the content does not infringe the rights of third parties.
Unlawful, insulting, discriminatory, misleading or rights-infringing content may be removed.
MEDBY Store may use submitted content only within the scope of the agreement made and in accordance with the applicable legal provisions.
Personal images and content will only be used where the required consent or another valid legal basis exists.
18. Copyright and Intellectual Property Rights
The content of the online shop, including in particular texts, images, graphics, logos, videos, product representations and designs, may be protected by copyright or other intellectual property rights.
Reproduction, modification, publication, distribution or commercial use is not permitted without the consent of the relevant rights holder, unless permitted by law.
Product names, company names and brand names may be protected trademarks belonging to their respective owners.
19. Customer Account
Where MEDBY Store offers the creation of a customer account, the customer is required to provide complete and accurate information.
The customer is responsible for keeping their login details confidential and protecting them from access by unauthorised persons.
If the customer becomes aware of unauthorised use of their account, they should inform MEDBY Store immediately.
MEDBY Store may suspend or delete customer accounts where there is reasonable suspicion of misuse, false information or a breach of legal requirements.
20. Prohibited Use of the Online Shop
The online shop may only be used for lawful purposes.
In particular, it is prohibited to:
- provide false or misleading information,
- use another person’s identity or payment details,
- distribute malware or harmful files,
- circumvent security measures,
- automatically extract shop content without permission,
- disrupt the operation of the shop, or
- infringe the rights of MEDBY Store or third parties.
MEDBY Store may restrict or block access to the shop or a customer account where there is reasonable suspicion of misuse.
21. Data Protection
Personal data is processed in accordance with the applicable data protection laws.
Further information about the type, scope, purpose and legal basis of data processing, as well as the rights of affected persons, is contained in the separate privacy policy of MEDBY Store.
The privacy policy must be made available separately from these General Terms and Conditions in the online shop.
22. Shopify and External Service Providers
The online shop is technically operated using the Shopify platform.
Contracts relating to the purchase of the products offered are concluded exclusively between the customer and MEDBY Store.
Shopify is generally not the seller of the goods offered in the shop.
External service providers may be used for individual functions such as payment processing, shipping, analysis or shop operation.
Information concerning the processing of personal data by Shopify and other service providers can be found in the privacy policy.
23. Alternative Dispute Resolution
MEDBY Store is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Businesses that operate a website or use General Terms and Conditions must generally inform consumers whether they are willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board. Certain small businesses may be exempt from part of this information obligation.
24. Applicable Law
The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory legal provisions of the country in which the consumer has their habitual residence.
25. Place of Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, the registered office of MEDBY Store shall, to the extent permitted by law, be the place of jurisdiction for all disputes arising from the contractual relationship.
For consumers, the statutory rules concerning jurisdiction apply.
26. Amendments to the General Terms and Conditions
The General Terms and Conditions applicable to an order are those in force at the time the contract is concluded.
Any subsequent amendment to an already concluded contract shall only take place with the customer’s consent or on the basis of a legal provision.
MEDBY Store may update these General Terms and Conditions for future orders.
27. Final Provisions
If any provision of these General Terms and Conditions is wholly or partially invalid, the remaining provisions shall remain unaffected.
The statutory provisions shall apply in place of the invalid provision.
28. Contact
Questions concerning these General Terms and Conditions may be directed to:
MEDBY Store
Mehringweg 15
21073 Hamburg
Germany
Phone: +49 176 31476901
Email: mf5681976@gmail.com
Last updated: July 2026