Terms and conditions of Mindfield Biosystems Ltd.
1. Scope and subject matter of the terms and conditions of Mindfield Biosystems Ltd.
1.1. The Mindfield Biosystems Ltd., The Picasso Building, Caldervale Road, Wakefield, West Yorkshire WF1 5PF, Great Britain, independent German branch office Hindenburgring 4, 48599 Gronau (hereinafter referred to as "Mindfield") operates an online-shop on the websites mindfield.de, mindfield-biosystems.com and mindfield-shop.com (hereinafter "portal") that is specialized in the distribution of hard- and software devices in the field of bio- and neurofeedback with a wide range of information. On the portal you can acquire the needed devices for this purpose as well as other items from the subject area.
1.2 The content of the agreement between you and Mindfield results from the present terms and conditions as well as the information provided in the registration and purchasing process which is stored by Mindfield.
1.3. For your order the terms and conditions are applicable that are valid at the time of your order, unless a change in these conditions is required by law or by an official order. Mindfield reserves the right to update the terms and conditions at any time with effect for the future when technical, economic or legal reasons make such an adjustment necessary.
2. Conclusion of the contract
2.1. The products presented in Mindfield's online-shop under mindfield-shop.com do not constitute a binding offer, but give you the opportunity to submit a binding offer.
2.2. You have the opportunity to submit an offer concerning the goods in the shopping cart by entering your personal data into the online order form included in Mindfield's online-shop. You finish the ordering process by pushing the button "place order now".
2.3. A sales contract between you and Mindfield is only concluded when Mindfield has accepted your offer. The acceptation of your offer can be made within 2 days by e-mail, fax or phone. If you ordered online this is usually an e-mail confirming the order which is in most cases sent immediately after the order. You have to make sure that the e-mail address you submitted during the ordering process is correct so that e-mails sent by us can be received.
2.4. The deadline for accepting the offer begins on the day that follows the day you submitted your offer and expires at the end of one more day later. If the last day of the period falls on a Saturday, Sunday or an officially recognized general holiday at the seat of Mindfield's German branch office, the next working day takes the place of such a day.
2.5. You will be informed immediately about a possible non-availability of a good. In this case you can withdraw from the contract. Payments received will be refunded immediately.
3. Reservation of title
3.1. The goods supplied by Mindfield remain in Mindfield's property until the full payment is made and all of Mindfield's claims arising from the agreement are fulfilled.
3.2. A further sale of the goods by the buyer prior to obtaining property is not permitted. This requirement may be waived in individual cases with prior written permission.
4. Prices and shipping costs
4.1. Valid are the prices that are shown in the cart of the portal at the time of the order.
4.2. All prices on our website include VAT.
4.3. The prices are exclusive of shipping costs unless expressly agreed otherwise in writing. The respective shipping costs will be announced during the ordering process.
4.4. The delivery will be realized by a shipping company that is in each case chosen by Mindfield.
5. Terms of payment and invoicing
5.1. You can choose between the payment options “Payment in advance by Bank Transfer”, “Sepa Direct Debit“ or “Paypal”. If you select Paypal, the Paypal fee, which you have to pay, is added to the cart. The payment option “Sepa Direct Debit” is only available for customers with a German bank account.
5.2. A payment on account is only possible for existing customers. If you wish to do so, select the payment option “Payment in advance by Bank Transfer” and tell us your different request in the comments section during the ordering process. It is at the sole discretion of Mindfield to meet this payment request. Mindfield may approve your request to pay on account explicitly or conclusively by delivering the goods with an invoice.
5.3. The billing amount including shipping cost is due immediately and has to be paid within 14 days.
5.4. Mindfield specifically reserves the right - especially when it comes to new customers - to deliver the goods only after the receipt of the billing amount on the business account of Mindfield named in the bill.
5.5. If you select the payment option “PayPal”, the payment of the billing amount has to be made within 14 days to the email address "firstname.lastname@example.org". After receiving the billing amount on the Paypal account of Mindfield the goods will be delivered.
6. Delivery time
6.1. The delivery time within Germany is 2 to 5 business days after the receipt of the billing amount or in the case of para. 5.2. after the conclusion of the contract. Possible divergent delivery times will be pointed out on the respective product page.
6.2. Express shipping with delivery on the next working day is possible after personal consultation with an extra charge.
6.3. The delivery to countries abroad may take up to 1 to 4 weeks depending on the country of destination. A detailed list can be found in the online-shop under the link "Shipping costs".
7.1. The legal regulations apply to the warranty rights.
7.2. If the delivered good gets repaired or modified by you or a third party without the written consent of Mindfield, the warranty expires. This applies especially in case of damaging a seal that is attached on the device.
7.3. Mindfield is not liable for normal wear and tear of the product or for defects caused by negligent or incorrect handling or operation.
8. Right of withdrawal
The customer has the right of withdrawal in accordance with the following provisions, whereby the customer is a natural person completing a legal transaction for purposes which cannot substantially be ascribed to either commercial activities or professional activities as a freelancer.
Instructions on the right of withdrawal
You have the right to withdraw this agreement within fourteen days without providing a reason for doing so. The withdrawal period will expire after 14 days after you acquire or a third party other than the carrier and indicated by you acquires physical possession of the last item of goods.
To exercise your right of withdrawal you must inform us
Mindfield Biosystems Ltd.
Telefon: +49 (0)2565 406 27 27
Telefax: +49 (0)2565 406 27 28
of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may refuse reimbursement until we have received the goods back, or until you have proved that you have returned the goods, whichever is earlier.
You shall send back or hand over the goods to us undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to examine the nature, characteristics and functioning of the goods.
- End of the instructions on the right of withdrawal -
Exclusion from right of withdrawal:
The right of withdrawal does not apply to contracts
- for delivery of goods that are not pre-fabricated and whose manufacture is significantly determined by the customer's individual selection or specifications or those which are clearly manufactured according to the customer's personal specifications,
- for delivery of goods that may perish quickly or whose expiry date may be soon exceeded,
- for delivery of sealed goods that are not suitable for return due to health or hygiene requirements if the seal has been removed after delivery,
- for delivery of goods if these have, due to their consistency, been inextricably mingled with other goods,
- for delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
- for delivery of alcoholic beverages whose price was agreed upon at the time the contract was completed, but which could only be delivered at the earliest 30 days after completion of the contract and whose current value is dependent on market fluctuations over which the trader has no control.
Please avoid damage and contamination of the product. If possible send the product in its original packaging with all accessories and with all packaging components back to us. Use a protective outer packaging if necessary. If you do not have the original packaging anymore, please provide a suitable package for adequate protection from damage during transportation to avoid damage claims because of damage due to faulty packaging. Please note that the procedures just mentioned are not a prerequisite for the effective exercise of the right of withdrawal.
Model withdrawal form
(If you would like to withdraw this agreement, please fill out this form and send it back to us.)
Mindfield Biosystems Ltd.
Telefon: +49 (0)2565 406 27 27
Telefax: +49 (0)2565 406 27 28
I/We hereby withdraw the agreement concluded by me/us for the purchase of the following items
Ordered on / Received on
Signature of the consumer(s) (only if sending in printed form)
9.1. Mindfield precludes compensation claims of the buyer. This excludes claims for damages arising from the loss of life, injury to the body or health or the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages based on an intentional or grossly negligent breach of duty by Mindfield, his legal representatives or agents. Cardinal obligations are those whose fulfillment enables the proper execution of the contract and on whose fulfillment you can rely.
9.2. When a violation of cardinal obligations occurs, Mindfield is only liable for the typical, foreseeable damage caused by ordinary negligence. This does not apply if it at the same time claims for damages due to injury of life, body or health are concerned.
9.3. The limitations just mentioned also apply to breaches of agents and legal representatives of Mindfield if claims are asserted directly against them.
10. Final provisions
10.1. The law of the Federal Republic of Germany is applied on the contracts, excluding the conflict rules of the EGBGB and the provisions of the UN Sales Convention.
10.2. If any provision of the terms and conditions on hand is invalid, the contract shall remain valid. The invalid provisions shall be replaced by legal regulations if those exist.
10.3. If there is no mandatory exclusive legal venue, the place of business of the independent German branch is the exclusive venue for all disputes arising out of or in connection with the contractual relationship, if you are a merchant, a legal entity under public law or public special fund or if you have no general jurisdiction in Germany or another EU Member State or if you have placed your (living-)residency into a non-EU country after the terms and conditions on hand obtained validity.
Updated May 2016