Terms and Conditions of Sale

As at: 1 October 2026

1. Supplier and scope

The provider is Optic-Handel Fragstein, owned by Leszek Fragstein, Carlo-Schmid-Straße 13, 52146 Würselen, Germany. You can contact us on +49 (0) 2405 409970 and info@optic-handel.de.

Our sales offer is directed exclusively at business owners within the meaning of Section 14 of the German Civil Code (BGB), who are acting in the course of their commercial or self-employed professional activities, as well as at legal entities governed by public law and special funds under public law. Sales to consumers via this offer are not intended.

These terms and conditions of sale apply to purchases of goods provided they have been agreed between us and the customer prior to the conclusion of the contract and have been incorporated into the contract. Individual agreements take precedence. For repairs, maintenance, leasing or other services, the contractual terms agreed separately for these purposes shall apply; these terms and conditions of sale do not replace such agreements.

2. Advertisements, enquiries and conclusion of contracts

The presentation of a device on our website constitutes an invitation to make an enquiry and does not constitute a binding contractual offer. A wish list or enquiry does not constitute either a reservation or a contract of sale. The availability of a device will be checked before a binding offer is made; prior to the conclusion of a contract, the item may be sold to another customer.

It is not possible to make a purchase directly via the website. A contract of sale is formed through offer and acceptance, for example through the acceptance of a binding individual quotation or through our acceptance of an order. A mere acknowledgement of receipt does not constitute acceptance. Non-binding enquiries are submitted via the forms.

3. Equipment description and contents of the delivery

The specifications agreed in the relevant contract are decisive for the required quality and the scope of delivery. These include, in particular, the equipment designation, whether the equipment is new or second-hand, accessories and, where applicable, agreed testing, reconditioning, delivery, installation or training. Any known special features of a second-hand item will be specified in the individual quotation.

A warranty applies only if it has been expressly agreed; statutory rights in respect of defects remain unaffected. The customer may consult with us regarding the intended use and required accessories prior to concluding the contract. Statutory obligations of manufacturers, distributors and operators in relation to medical devices remain unaffected and are neither excluded nor transferred to any other party by these terms and conditions.

4. Prices and additional services

All prices quoted on the website are net prices in euros, plus the applicable statutory value added tax. ‘Price on request’ means that the price is quoted on an individual basis. The binding price is set out in the contract.

Transport, packaging, installation, training and other services are only included where specified in the quotation or contract. Any additional costs will be agreed upon before the contract is concluded. The tax treatment of cross-border deliveries is governed by the statutory requirements and will be taken into account in the individual quotation.

5. Payment

The method of payment and due date shall be agreed in the individual quotation or contract. In the absence of any specific agreement, the statutory provisions shall apply. The consequences of default shall be governed by law. Statutory rights of set-off and retention are not restricted by these terms and conditions.

6. Delivery, collection and transfer of risk

The delivery or collection point, method of transport and delivery date are agreed on a case-by-case basis. Installation or training will be provided, provided this has been commissioned and agreed. We will coordinate the necessary organisational arrangements at the delivery location with the customer.

Delays in delivery, the transfer of risk and the consequences of breaches of contract are governed by statutory provisions, unless a valid individual agreement has been made. Commitments regarding delivery dates are not superseded by any general reservation contained in these terms and conditions.

7. Rights in respect of defects and liability

Statutory provisions apply to rights arising from defects, their limitation periods and liability. These terms and conditions do not contain a blanket exclusion of the warranty for second-hand equipment, nor do they shorten statutory limitation periods or limit statutory liability.

If the purchase constitutes a commercial transaction for both parties, the statutory obligations regarding inspection and notification of defects under Section 377 of the German Commercial Code (HGB) shall apply. These terms and conditions do not establish any obligation to give notice of defects beyond this. Please contact us if you discover a defect so that we can agree with you on the procedure required by law.

8. Returns and Cancellations

The statutory consumer right of withdrawal does not apply to purchases made here by businesses for their professional or commercial activities. A voluntary return of goods free from defects requires a separate agreement. Statutory rights, in particular in the event of defects, grounds for withdrawal or other breaches of contract, remain unaffected.

9. Data Protection

Personal details of contact persons will be used for processing enquiries and fulfilling contracts in accordance with our Privacy Policy Processed. For equipment purchase, repair and maintenance, the following details have also been included: GDPR information requirements Available. Patient data should be removed or backed up in accordance with the agreed specifications before the equipment is handed over; any necessary data protection agreements will be concluded separately.

10. Additional legal provisions

Insofar as these terms and conditions and the individual agreements do not contain any provisions, the statutory provisions shall apply. These terms and conditions do not constitute an exclusive agreement on the place of jurisdiction or a specific choice of law. Should any provision be invalid, the treatment of the remaining contractual provisions and the resulting gap shall be governed by the statutory provisions.