Terms & Conditions
Last updated August 8, 2021
1. General provisions
Supplemental terms and conditions or documents (such as Warranty Policy and Shipping policy) that are or may be posted on the Website from time to time, are hereby expressly incorporated herein by reference and an integral part of these Terms and Conditions.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. Definition of terms
2.1. "Website" means the website on the Internet at https://customsurgical.co.
2.2. "Distributor" means a legal entity, individual entrepreneur or person, carrying out independent professional activities, sells and promotes our goods and services under the terms of a separate agreement, concluded between Company and Distributor.
2.3. "Customer" means a user of the Website, a legal entity or individual who has full legal capacity under the applicable legislation and interested in purchasing our goods and services, who carries out lawful access to the Website and its functionality by means of the Internet.
2.4. "Service" means online application tool, offered by the Website.
2.5. "Distributor's Personal Account" means a personal closed account of the Distributor on the Website.
2.6. "Website Content" means protected results of intellectual activity, including abstracts, articles, illustrations, covers, musical works with or without text, graphic, text, photographic, derivative, Website and other works, user interfaces, visual interfaces, trademark names, logos, computer programs, databases, as well as the design, structure, selection, coordination, appearance, general style and arrangement of such Content included in the Website, and other intellectual property of the Website.
2.7. "Content" means any information in any form, including text, photos, graphic images, placed, reproduced, brought to general or individual notice of the Customer or the Distributor on the Website.
3. Registration and account. KYC
You may be required to register with the Website, especially if you’re a distributor and want to place your orders directly with us. You agree to keep your password confidential and will be responsible for all use of your account and password.
One unique Personal Account can be created for one Distributor. Creation of more than one Personal Account for one Distributor shall be a violation of these Terms and may cause the termination of the Distributor's account and cancellation of all orders without any compensation on our part.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
The Distributor is obliged to immediately notify us of any changes to their data, in particular to their email address. We are not liable for any damage caused to the Distributor in connection with the lack of data updating.
Distributors are solely responsible for any activity on their accounts. Logins and passwords are confidential information of Distributors. If a third party obtains information about a Distributors account, that Distributor shall be solely responsible for all possible consequences.
- By using the Website, you represent and warrant that:
To help governmental and international authorities fight the funding of terrorism and money laundering activities, the applicable legislation requires to obtain, verify, and record information that identifies each Person (invividual or a legal entity) before establishing the business relationship, including applicable “Know Your Customer” (KUC) requirements.
Each Customer and/or Distributor shall, promptly upon the request of the Company, supply the Company with documentation or other evidence as it reasonably requests for itself (or a prospective assignee) to be satisfied that it has complied with all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation to the transactions contemplated. If Customer and/or Distributor will not provide mentioned in this paragraph requested documents within a reasonable time, the Company may, in its own discretion, stop and/or cancel the transaction(s) with such Customer and/or Distributor without any indemnification.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Website. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason.
We reserve the right to change our fees from time to time by posting the changes on the Website with no advance notice to Customers. By making an order(s), Customers confirm that they completely agree with the charges published on the Website.
5. Purchases and payment
We accept payments through Stripe payment service. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You may need to provide your payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We do not store or collect your payment information. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
The Customer is liable for all transaction fees arising out of all fees made using some or all of the Service, even if sales terms are finalized or payment is made outside of the Website. The Customer is also solely liable for all possible transfer risks, including, but not limited to, technical, tax, fines, losses incurred by third parties, etc.
We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same Customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. Warranty and returns
Physical unused, unopened, and resalable products may be returned for refund within the ﬁrst 14 (fourteen) days from the date of delivery (after placing a relevant order). We also offer a 2-year warranty from manufacturing issues.
No Products, goods and parts, previously purchased on the Website, shall be returned to us, whether for inspection, repair, replacement, or any other reason, without prior written approval from the Company. Products and parts must be returned in new condition with complete identification in accordance with our instruction, in another case the shipment may not be accepted. All returns must be sent DDP to Seller’s designated location (per Incoterms ICC 2020) unless otherwise instructed in writing by the Company.
Where authorization has been obtained to return Products and parts for reasons beyond warranty, a restocking charge and any additional transportation charges are applicable.
Please review our Warranty Policy posted on the Website prior to making any purchases.
7. Intellectual property rights
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.
8. Prohibited activities
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- As a Customer of the Website, you agree not to:
9. Customer generated content
The Website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
- Contributions may be viewable by other Customers of the Website and the Marketplace Offerings and through third-party Websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
10. Contribution license
By posting your Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Website. You are solely responsible for your Contributions to the Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Website; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
11. Guidelines for reviews
- We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
13. Third party Websites and content
14. Website management
- We reserve the right, but not the obligation, to:
15. Personal Data Privacy
16. Copywriting infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.
17. Terms and termination
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
18. Governing law
These conditions are governed by and interpreted following the laws of Germany, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. Custom Surgical GmbH and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Bavaria, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Germany.
THE Website IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE Website SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Website AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Website'S CONTENT OR THE CONTENT OF ANY WebsiteS LINKED TO THIS Website AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Website, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Website, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Website BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Website. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Website, ANY HYPERLINKED Website, OR ANY Website OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE Website, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
21. Electronic communications, signatures, and data
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.
23. Contact us
In order to resolve a complaint regarding the Website or to receive further information regarding the use of the Website, please contact us at: Custom Surgical GmbH Atelierstralle, 29, Munchen 81671 Germany Phone: +491782064226 email@example.com