Special Terms and Conditions for Use of the Media Library

Any access to and use of this website, without exception, is made based on applicable law and the General Terms and Conditions of Use. These "Special Terms and Conditions for Use of the Media Library" apply additionally for use of the media library, including downloads of the various informational documents, such as catalogues, endograms, off-prints and instructions for use, as well as the loan and purchase of CDs, DVDs and VHS videos. 

Services and customers

The informational offerings of the media library were developed or prepared by us, KARL STORZ GmbH & Co. KG (hereinafter, "KARL STORZ") or our partners, are copyrighted and are maintained and further developed by us or our partners. We reserve the right to modify the offerings in our media library and these Special Terms and Conditions, in whole or in part, at any time, at our discretion, without prior notice, and to discontinue their offering, permanently or temporarily. Therefore, the current terms and conditions upon the relevant visit or order apply with respect to access to and use of the media library.  
 
This offer is directed, without exception, to natural or legal persons or partnerships with legal capacity, for which use is made for the exercise of their commercial or independent professional activities. Use or orders by other persons are not permitted.

Customer understands that certain devices and references made on this literature to specific indications for use may not be commercially available in his jurisdiction because they may not have received necessary regulatory clearance or approval by authorities in his jurisdiction. Customer agrees to consult his local KARL STORZ representative in order to ascertain product availability and specific labeling claims in his jurisdiction. Many of KARL STORZ devices are restricted by local law to sale, distribution, and use by, or on the order of appropriately licensed healthcare and veterinary practitioners. Any named physician references herein to specific endoscopic procedures or techniques represent the opinions and/or experiences of that physician only and KARL STORZ neither warrants nor represents the appropriateness or efficacy of said procedures. Customer will consult the latest professional literature regarding techniques, complications, and hazards prior to performance of any endoscopic procedure.

Orders

When the customer requests services from the media library by pressing the order button after properly filling out the necessary order forms in the language of the website, he or she will receive an automatically generated confirmation of the order's receipt, including the order data, to the e-mail address indicated by the customer. Acceptance of the customer's offer to contract, i.e. conclusion of the contract, takes place only later, either through delivery or explicitly, within a reasonable period. If delivery or explicit acceptance of the offer to contract is not made within 10 days, the contract is not concluded. The customer may inspect his or her order for typing errors prior to its confirmation, and modify it if necessary. The terms and conditions of contract may be viewed by the customer at any time through the website. The customer may print out or save those terms and conditions prior to concluding a contract.

Medical content

The information available through the media library has been compiled with great care. It is meant purely for informational purposes. Its use for commercial purposes or as the basis for business or medical decisions without a separate written contract is not permitted.

The media have been created in close cooperation with leading and scientifically committed physicians. Nevertheless, they are meant merely for non-binding informational purposes, e.g. regarding the services of KARL STORZ. The operating methods shown represent clinical demonstrations which cannot serve to teach surgical methods, with their individual risks and dangers. Therefore, medical statements, e.g. regarding the application of certain diagnostic methods or surgical procedures, must be reviewed by a medical expert in each individual case, on the latter's own responsibility, prior to application, for their consistency with the latest recognized scientific knowledge, e.g. by consulting the latest scientific literature. As a result, KARL STORZ can assume no warranty for the completeness and accuracy of the statements.

Reproductions, even of extracts, require the prior written consent of KARL STORZ.

Loan of DVDs, CDs and VHS videos

Provided a loan copy is available, all film productions available for borrowing may be borrowed free of charge for a period of four weeks or may be acquired by purchase at cost price. Video films are available in typical cassette formats (VHS, S-VHS, DV, DC-CAM, etc.) or digital media. If no statements are made as to the TV color system (PAL, SECAM, NTSC), the customer shall receive the standard national system or a regionally independent version. Interactive CD and DVD productions and ENDO-PRESS™ literature are available free of charge.

Warranty and liability

For goods acquired by purchase, a statutory right of warranty applies for two years after receipt, with the options of reduction, improvement and rescission.
Insofar as liability claims arise against KARL STORZ at all, the liability of KARL STORZ and the persons engaged in performance of the contractual obligations shall be limited to intentional action and gross negligence unless material contractual duties or any warranties are breached or damages arise as a result of injury to life, limb or health or the Product Liability Act.

Applicable law 

Any legal claims or disputes arising in connection with the website or use of the offerings of the media library shall be subject to the law of the Federal Republic of Germany, with the exception of the provisions of international private law and the UN Convention on the International Sale of Goods.

Place of jurisdiction
 
If you are a "merchant" in accordance with the Commercial Code, a public entity or public fund, or if you have no genera place of jurisdiction in Germany, the District Court of Rottweil shall have exclusive jurisdiction for disputes in connection with this website or use of the offerings from the media library. This shall not apply insofar as different exclusive places of jurisdiction are stipulated by law or the dispute relates to non-pecuniary claims which are assigned to the Local Courts regardless of the value in dispute.

Status: 27.06.2006