General Terms and Conditions (GTC)
Dental Direkt GmbH, Industriezentrum 106-108, 32139 Spenge
1. Validity
The following terms and conditions apply exclusively to all contracts, deliveries, and services, including consulting services, provided by Dental Direkt GmbH (hereinafter also referred to as "Seller") to its contractual partners who are entrepreneurs within the meaning of Section 13 of the German Civil Code (BGB) and who conclude a contract with the Seller in that capacity, unless expressly agreed otherwise with the contractual partner. These terms and conditions also apply to all future business transactions with the contractual partner.
Deviating general terms and conditions of the contractual partner shall not apply even if Dental Direkt GmbH has not expressly objected to them in individual cases or carries out the delivery or service without reservation in the knowledge of conflicting or deviating terms and conditions of the contractual partner.
The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.
2. Offer and conclusion of contract
Offers from Dental Direkt GmbH are non-binding.
3rd Prizes
The prices quoted are ex-works, uninsured, and exclude packaging. If packaging is required, it will be provided by Dental Direkt GmbH at their discretion and charged at cost.
The prices quoted are exclusive of freight and applicable statutory VAT. All taxes, duties, charges, etc. that may arise during delivery are the responsibility of the contracting party.
4. Payment terms
The customer can pay the purchase price by credit card, PayPal, invoice via Klarna, instant bank transfer via Klarna, financing via Klarna, direct debit, or invoice. For payments by credit card and PayPal, the payment date is the same as the order date.
If the contractual partner defaults on payment of an invoice, or if circumstances become known after conclusion of the contract that could seriously call into question the contractual partner's creditworthiness, all claims become due immediately, regardless of any payment terms granted. Dental Direkt GmbH is entitled to demand advance payment of the invoice amounts at any time before dispatching the goods, provided this appears justified for objective reasons. An objective reason includes, in particular, a financial decline of the contractual partner that has come to Dental Direkt GmbH's attention. If the buyer is in default of payment, Dental Direkt GmbH is further entitled to demand security at any time before making any further deliveries or providing any further services. If the contractual partner fails to comply with the demand for security within a reasonable period set by Dental Direkt GmbH, with a warning of refusal, Dental Direkt GmbH may withdraw from the contract. Any discounts granted will be forfeited in the event of late payment.
The contractual partner is only entitled to set-off and retention rights if the counterclaims are undisputed, acknowledged or legally established.
The acceptance of checks and, in exceptional cases, bills of exchange, is solely for the purpose of payment.
a) Paypal
When using the payment service provider "PayPal", payment processing is handled by PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at www.paypal.com . This requires, among other things, that the customer opens a PayPal account or already has one.
b) Credit card
In the event of a credit card charge being declined, the customer is obligated to pay the price plus any incurred costs within 10 days of receiving the service. These costs include, but are not limited to, the costs incurred due to the credit card charge reversal.
c) Instant bank transfer
When selecting the payment method Sofort / Sofortüberweisung (instant bank transfer), payment processing is handled by the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). To use the SOFORT payment method, you must have an online banking account enabled for this purpose. During the payment process as part of your order, you will need to authenticate yourself and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after you place your order. Further information about SOFORT can be found at https://www.klarna.com/sofort/.
To carry out an instant transfer, SOFORT GmbH requires your name, bank code, account number, PIN, and a TAN from your online banking account. Only your name, bank code, account number, purpose of payment, amount, and date of the transfer are stored; your account balance, available credit limit, or past transactions are not.
In the event of a successful transaction, Dental Direkt GmbH only receives automated, real-time confirmation from SOFORT GmbH that the transfer has been executed.
d) Klarna Invoice and Financing
In cooperation with Klarna, we offer you the option of paying by invoice or using Klarna's installment payment service. When paying with Klarna, you never have to provide your bank details, and you only pay once you have received the goods.
When you buy on account with Klarna, you always receive the goods first and have 14 days to pay. Further information and Klarna's full terms and conditions for buying on account can be found here: https://online.klarna.com/villkor_de.yaws?eid=18901&charge=0
Klarna checks and evaluates the consumer's data and, where justified, exchanges data with other companies and credit agencies (credit check). If the consumer's creditworthiness cannot be guaranteed, Klarna AB may refuse the customer access to Klarna's payment methods and must offer alternative payment options. Your personal data will be processed in accordance with data protection law and will not be shared with third parties for advertising purposes. Learn more about Klarna's privacy policy here: (http://klarna.com/pdf/Datenschutz_DE.pdf)
For more information about Klarna, please visit www.klarna.de
Klarna AB, company and corporate registration number: 556737-0431
e) Invoice Dental Direkt GmbH
If Dental Direkt GmbH issues an invoice, payments must be made within the specified payment terms.
When purchasing on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 10 (ten) days of receipt of the invoice without deduction, unless otherwise agreed. Dental Direkt GmbH reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, Dental Direkt GmbH will inform the customer of this payment restriction in the payment information section of the online shop. Dental Direkt GmbH further reserves the right to conduct a credit check when the payment method "purchase on account" is selected and to refuse this payment method if the credit check is negative.
If the customer selects the payment option direct debit or purchase on account, which requires advance payment to Dental Direkt GmbH, the customer's provided data (first and last name, address, date of birth) will be checked for creditworthiness. This check is carried out by Atradius NV, to whom this data is transmitted for this purpose. The credit report may contain probability values (so-called score values) calculated using scientifically recognized mathematical-statistical methods, which may also include address data. Dental Direkt GmbH will use this information to decide whether to establish or execute the contractual relationship, in particular to decide whether to offer the customer the payment option direct debit or purchase on account. By agreeing to these terms and conditions, the customer declares their consent, in accordance with Art. 6 lit. a) GDPR, to the transfer of data and the credit check. Information pursuant to Art. 14 GDPR regarding data processing by Atradius NV can be found here: https://atradius.de/datenschutz.html
If the customer defaults on payment, Dental Direkt GmbH is entitled to charge default interest at a rate of 5% above the base interest rate published by the European Central Bank per annum. If Dental Direkt GmbH can demonstrate that it has incurred higher damages due to the default, it is entitled to claim these damages. The customer hereby agrees that Dental Direkt GmbH is entitled to send the invoice as an electronic invoice (an invoice issued and received in an electronic format, e.g., as a PDF document) via email.
Dental Direkt GmbH may, at its own discretion, also send the invoice to the customer on paper.
f) Direct debit
By choosing the SEPA Direct Debit scheme, the customer, by agreeing to these Terms and Conditions, authorizes the collection of payments from their specified account within the European Union via SEPA Direct Debit. Simultaneously, they instruct their payment service provider to honor the direct debits drawn on their account. The customer is advised that they can request a refund of the debited amount within eight weeks of the debit date. The terms and conditions agreed upon with their payment service provider apply. If the customer is not the account holder of the specified account, they must ensure that the account holder has given their consent for the SEPA Direct Debit collection.
The customer is obligated to provide all account details required for participation in the SEPA Direct Debit Scheme (in particular, the account holder's name and International Bank Account Number (IBAN)). The customer must ensure that the specified account has sufficient funds to allow the SEPA Direct Debit to be collected. Should a SEPA Direct Debit be returned by the payer without justification, or should the collection of the payment fail at their payment service provider for reasons attributable to them – in particular due to insufficient funds, incorrect or invalid account details, or a dispute – they are obligated to ensure sufficient funds are available or to rectify the cause of the payment failure so that, in addition to the outstanding amount, any third-party fees incurred by the payment service provider can be collected on the date specified in the payment reminder. The provider is entitled to claim further damages for default. The customer waives the right to obtain a written SEPA Direct Debit mandate.
5. Retention of title
Dental Direkt GmbH retains title to all delivered goods (hereinafter referred to as "reserved goods") until all claims against the contractual partner, regardless of their legal basis, including future or contingent claims arising from contracts concluded simultaneously or subsequently, have been satisfied. This also applies if payments are made against specifically designated claims. If there are indications that justify the assumption of the contractual partner's insolvency or the threat thereof, Dental Direkt GmbH is entitled to withdraw from the contract without notice and demand the return of the reserved goods.
Processing and transformation of the goods subject to retention of title are carried out for Dental Direkt GmbH as the manufacturer within the meaning of Section 950 of the German Civil Code (BGB), without creating any obligation for Dental Direkt GmbH. The processed goods are considered goods subject to retention of title. If the goods subject to retention of title are processed, combined, or mixed with other goods by the contractual partner, Dental Direkt GmbH shall be entitled to co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the invoice value of the other goods used. If Dental Direkt GmbH's ownership is extinguished by combination or mixing, the contractual partner hereby assigns to Dental Direkt GmbH the ownership rights to the new inventory or item to the extent of the invoice value of the goods subject to retention of title and shall hold them in trust for Dental Direkt GmbH free of charge. The resulting co-ownership rights are considered goods subject to retention of title.
The contractual partner is only entitled to resell, process, combine with other items, or otherwise incorporate the goods subject to retention of title within the scope of ordinary business operations and as long as they are not in default of payment of the purchase price. Any other disposal of the goods subject to retention of title is prohibited. The contractual partner must immediately notify Dental Direkt GmbH of any attachments or other third-party claims against the goods subject to retention of title. All intervention costs shall be borne by the contractual partner, insofar as they cannot be recovered from the third party and the third-party objection was justified. If the contractual partner grants their customer an extension of payment for the purchase price, they must retain title to the goods subject to retention of title under the same conditions under which Dental Direkt GmbH retained title to the delivered goods. However, the contractual partner is not obligated to also retain title to claims against their customer that arise only in the future. Otherwise, the contractual partner is not authorized to resell the goods.
The contractual partner's claims arising from the resale of the goods subject to retention of title are hereby assigned to Dental Direkt GmbH. They serve as security to the same extent as the goods subject to retention of title. The contractual partner is only entitled and authorized to resell the goods if it is ensured that the resulting claims are transferred to Dental Direkt GmbH. If the goods subject to retention of title are sold by the contractual partner together with other goods not supplied by Dental Direkt GmbH for a total price, the assignment of the claim from the sale shall be limited to the invoice value of the respective goods subject to retention of title that were sold. If the assigned claim is included in a current account, the contractual partner hereby assigns to Dental Direkt GmbH a portion of the balance, including the final balance, corresponding to the amount of this claim.
Until revoked by Dental Direkt GmbH, the contractual partner is authorized to collect the assigned receivables. Dental Direkt GmbH is entitled to revoke this authorization if the contractual partner fails to properly fulfill its payment obligations arising from the business relationship or if circumstances become known that are likely to significantly impair the contractual partner's creditworthiness. If the conditions for exercising the right of revocation are met, the contractual partner must, upon request from Dental Direkt GmbH, immediately disclose the assigned receivables and their debtors, provide all information necessary for the collection of the receivables, hand over the relevant documents to Dental Direkt GmbH, and notify the debtor of the assignment. Dental Direkt GmbH is also entitled to notify the debtor of the assignment itself. The contractual partner is not authorized to assign the receivables in any other way, even by virtue of the collection authorization granted to Dental Direkt GmbH. If the nominal value (invoice amount of the goods or nominal amount of the receivables) of the securities held by Dental Direkt GmbH exceeds the total secured claims by more than 10%, Dental Direkt GmbH is obligated, at the request of the contractual partner, to release securities of its choice to that extent. If Dental Direkt GmbH asserts its retention of title, this shall only be deemed a withdrawal from the contract if expressly declared by Dental Direkt GmbH. The contractual partner's right to possess the goods subject to retention of title expires if it fails to fulfill its obligations under this or any other contract.
6. Shipping and Transfer of Risk
Unless expressly agreed otherwise, the seller is free to choose the shipping method and carrier. The place of performance is the location of the seller's manufacturing plant or warehouse. Risk passes to the buyer upon delivery to the carrier, even if the seller has exceptionally assumed transport costs or is carrying out the shipment with their own vehicle.
7th delivery
Delivery times and dates are non-binding unless expressly agreed otherwise.
Dental Direkt GmbH shall not be liable for force majeure or other unavoidable circumstances beyond its control that significantly impede or render impossible the delivery or performance of the contract. These circumstances include post-contractual difficulties in procuring materials, operational disruptions, strikes, lockouts, official orders, and shortages of personnel or means of transport, even if they occur at suppliers or subcontractors, and even if binding deadlines and dates have been agreed upon. The impediment must be reported to the contractual partner immediately in writing. Delivery deadlines will be extended by the duration of the impediment plus a reasonable start-up period. Furthermore, subsequent requests from the contractual partner for changes or additions to the contractual scope of services will also extend the delivery time accordingly. The same applies if the contractual partner defaults on accepting the goods or fulfilling other obligations or duties. Dental Direkt GmbH's rights due to the extension of the performance obligation or the contractual partner's default remain unaffected.
8. Warranty rights
Claims for defects by the commercial contracting party are contingent upon the party having properly fulfilled its obligations to inspect and report defects as stipulated in Section 377 of the German Commercial Code (HGB). If the contracting party fails to inspect the goods immediately as required by Section 377 HGB or to report a defect immediately, the goods are deemed accepted, and the contracting party can no longer assert any rights due to the defect or shortfall. If Dental Direkt GmbH negotiates with the contracting party regarding a complaint raised by the latter, this does not constitute a tacit waiver of the right to object to the delay in inspecting the goods or reporting the defect, unless expressly stated otherwise. The same applies to any willingness expressed by Dental Direkt GmbH to remedy the defect (or to any actual remedy carried out). Complaints regarding defects must be made in writing.
If a defect exists, the contractual partner is entitled to subsequent performance. Dental Direkt GmbH has the right to choose between remedying the defect and delivering a replacement. The contractual partner shall bear the expenses necessary for subsequent performance to the extent that they increase because the delivery and service are transported to a location other than the contractual partner's place of business, unless such transport corresponds to their intended use.
If subsequent performance fails, is unreasonable for the contractual partner, or is unnecessary according to legal requirements, the contractual partner has the right to reduce the price or, at his option, to withdraw from the contract and (if necessary, also additionally) to demand damages and compensation for wasted expenses.
Claims for subsequent performance become statute-barred one year from the statutory commencement of the limitation period. The same applies to rescission, price reduction, and damages. This period does not apply insofar as the law mandatorily prescribes longer periods pursuant to Sections 438 Paragraph 1 No. 2 (buildings and items for buildings), 479 Paragraph 1 (right of recourse), and 634a Paragraph 1 No. 2 (construction defects) of the German Civil Code (BGB), nor in cases of intent, fraudulent concealment of the defect, breach of a warranty of quality, or breach of essential contractual obligations (cardinal obligations). In these cases, the statutory limitation periods apply. The statutory provisions regarding suspension, interruption, and recommencement of limitation periods remain unaffected. Any claims for damages by the contractual partner due to a defect are governed by Clause 10.
9. Returns
Outside of justified warranty cases, the following applies:
Without the prior express authorization of Dental Direkt GmbH, goods delivered to the contractual partner will not be accepted for return. Returns from the contractual partner authorized by Dental Direkt GmbH will be credited – unless otherwise expressly agreed – with a deduction of 15% of the sales price. Goods in opened packaging are excluded from return. Plastic materials, liquids, and products with a limited shelf life (expiration date) are also excluded from return.
10. Liability
Any claims for damages by the contractual partner – regardless of the legal basis – are excluded. This exclusion does not apply in cases of fraudulent concealment of a defect, breach of a warranty of quality, injury to life, body, or health, and/or in cases of intentional or grossly negligent breach of duty by Dental Direkt GmbH, or in cases of breach of obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (so-called essential contractual obligations/cardinal obligations). Claims under the Product Liability Act are also not affected by this limitation of liability. This limitation of liability applies equally to breaches of duty by the officers and agents of Dental Direkt GmbH.
The claim for damages for breach of essential contractual obligations is limited to the foreseeable damage typical for this type of contract, unless there is intent or gross negligence, or liability arises from injury to life, body or health.
The aforementioned limitations of liability apply equally to claims for reimbursement of wasted expenses (§ 284 German Civil Code). The aforementioned provisions do not entail any shift in the burden of proof to the detriment of the contractual partner.
11. Final Provisions
These terms and conditions and all contracts concluded under them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance for all deliveries and services of Dental Direkt GmbH and for payment by the contractual partner is Spenge, Germany. The exclusive place of jurisdiction for all legal disputes is Spenge, Germany. Should any provision of these terms and conditions or any contractual agreement be or become invalid, this shall not affect the validity of all other provisions and agreements.
As of October 2025
End of the General Terms and Conditions
