Note: The waveguide Privacy Policy applies to data protection
waveguide medical systems GmbH Deutschland, Konrad-Zuse-Platz 8, 81829 Munich, Germany (hereinafter referred to as: "waveguide") is the operator of the Internet platform for used medical equipment available at www.wave2guide.de and www.wave2guide.com (hereinafter referred to as the "Laser Exchange"). On the Laser Exchange, private sellers (doctors, doctor's surgeries, etc., but not commercial sellers) – hereinafter referred to as "sellers" – can offer used medical equipment for sale.
The following "General Platform Terms and Conditions" regulate the free use of this platform by prospective buyers (hereinafter referred to as "users").
The current version of the general platform conditions can be called up and printed out at www.wave2guide.de/agb.
With the written request of a user to forward his contact data to one of the providers ("inquiry"), the user acknowledges the present General Platform Terms and Conditions as legally binding.
waveguide offers registered users the opportunity to contact potential sellers of used medical equipment via the Laser Exchange.
If a user wishes to contact one of the providers represented on the platform, he will inform waveguide of this in text form (by email or using a contact form available on the Laser Exchange).
waveguide will forward the user's request to the provider and inform the user thereof in text form. Even if waveguide refuses to forward a request, the user will be informed of this in text form.
waveguide itself does not offer any devices for sale on the platform. The advertisements of the suppliers which can be called up on the platform do not represent a legally binding offer to sell on conclusion of a purchase contract, but merely a non-binding invitation to send purchase offers to suppliers or to enter into negotiations with them about a purchase.
Any contractual relationships regarding the purchase of devices offered on the laser exchange are exclusively between the providers and the user. waveguide does not act as a representative or messenger of the providers. The fulfilment of the contracts initiated via the laser exchange also takes place exclusively between the providers and the users.
Use of the Laser Exchange is only permitted to persons with unlimited legal capacity. In particular, minors are not allowed to send any enquiries to waveguide.
The user must provide waveguide with at least his full name and a valid email address when submitting a request.
The email-address is also used for any further communication with waveguide and is decisive for all contract-relevant correspondence between waveguide and the user.
The user agrees that waveguide may forward the personal data provided by the user to the providers of the devices for which the user has made a request.
waveguide can change the use of the Laser Exchange or individual functions or the extent to which individual functions can be used at any time.
The use of the Laser Exchange is free of charge.
waveguide recommends the user carefully check the supplier, the purchase offer and the supplier's conditions of purchase before concluding a purchase contract.
waveguide makes every effort to ensure that the Laser Exchange is up to date. waveguide may restrict the publication of offers and the forwarding of enquiries for a limited period of time. After the expiration of such a period, requests from the user and offers from providers may be deleted or rejected.
waveguide is not obliged to forward enquiries and can reject them at any time and without giving reasons. waveguide is particularly entitled to do so if there is suspicion of a violation of the law or of these General Platform Terms.
Forwarding as well as refusal of forwarding will be confirmed to the user by waveguide in text form.
The user may use the data and content obtained through inquiries and use of the Laser Exchange or made accessible there exclusively for the intended purpose, i.e. for the possible purchase of used medical devices.
In particular, the user is not entitled to use the data in question, neither in full nor in part or in extracts, for the following purposes:
•the creation of its own database in any form, and/or
In particular, the user may not in future use data obtained through the use of the Laser Exchange to send messages advertising content without the consent of the recipient (in particular: spam messages).
waveguide endeavours to offer trouble-free operation of the Laser Exchange on a permanent basis. However, the user acknowledges that a complete or always continuous availability of the Laser Exchange is not technically feasible and is therefore not promised. waveguide is particularly at liberty to restrict access to the platform due to maintenance work or the like completely or partially/temporarily, or to discontinue the operation of the Laser Exchange completely.
As a matter of principle, waveguide does not check the contents and sales offers posted on the platform in advance. waveguide can therefore not be held responsible for the correctness, accuracy, reliability, up-to-dateness, appropriateness and/or completeness of the information and sales offers available on the platform. There is no claim to the absence of defects in the content and sales offers posted.
waveguide is not liable for slightly negligent breaches of obligations that are not essential to the contract, i.e. those obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the user may regularly rely.
As far as legally permissible, liability for slightly negligent breaches of duty concerning the provision of the platform or its contents is excluded.
For damages caused by auxiliary persons commissioned by waveguide, the aforementioned limitations of liability shall apply analogously. waveguide is not liable for the actions of users, vendors or other third parties. Such third parties also do not act as vicarious agents of waveguide. Liability for indirect and consequential damages is excluded.
The liability of waveguide for intent, gross negligence, personal injury and according to mandatory legal regulations remains unaffected by the above limitations of liability.
Should one or more provisions of the contractual provisions be or become invalid, this shall not affect the validity of the remaining provisions.
The law of the Federal Republic of Germany shall apply.
Amendments to these terms and conditions shall come into force upon their publication on the Laser Exchange.
The place of jurisdiction for all disputes arising out of or in connection with this agreement is waveguide's place of business.
(Date: January 2017)