Emperra GmbH (hereinafter “Emperra”) shall provide all services in connection with the “ESYSTA” concept to the patient (hereinafter the “Customer”) exclusively on the basis of these General Terms and Conditions of Business (T&Cs). Terms and conditions of the Customer that deviate from these T&Cs shall not be accepted unless Emperra expressly agrees to their validity in text form or in writing.
§ 2 Scope of supply
Emperra's services shall include the supply of the component products of the “ESYSTA” concept, the regular supply of the disposable materials required for the concept's use (adapters, test strips), and the transmission, storage and documentation of the data collected from the Customer in a central database.
The scope and properties of the component products shall comply with the respective current specifications. Insulin shall not be supplied by Emperra and must therefore be obtained by the Customer themselves from a third-party supplier. Pictures or drawings contained in brochures, advertisements and other offer documentation from Emperra shall only serve as an approximate guide unless we expressly describe the information contained therein as binding.
For the duration of the contract period only, the Customer shall be entitled to access their customer data from the “ESYSTA” Portal via the internet or a mobile phone. The Customer can also grant this right to third parties by providing the respective authorisation. This shall not, however, establish a contractual relationship between the third party and Emperra. The Customer shall receive personal access details (username and password) for accessing the “ESYSTA” Portal. The Customer must ensure that these access details do not become known to unauthorised third parties. Emperra shall not be liable for damages arising due to improper storage or use of the access details by the Customer. This shall not affect Emperra’s liability pursuant to Article 8 of the T&Cs.
Emperra assumes no liability for temporary unavailability of the “ESYSTA” Portal as a result of technical faults or other problems that are outside of Emperra's control. This shall not affect Emperra’s liability pursuant to Article 8 of the T&Cs. unberührt bleibt die Haftung nach § 8 der AGB. Emperra reserves the right to temporarily restrict access to the services insofar as this is necessary to prevent serious faults in the network, the software or stored data.
The Customer is required to independently check the accuracy of their details when specifying any personal medical data (e.g. when registering in the online portal or on written forms). Emperra shall not be liable for damages arising due to the conscious or unconscious entry of incorrect or incomplete details by the Customer. This shall not affect Emperra’s liability pursuant to Article 8 of the T&Cs.
§ 3 Use of the "ESYSTA" Portal by authorised third parties
Third parties that are authorised by the Customer to view the data in the “ESYSTA” Portal (in particular doctors or other medical professional) shall receive separate access details. The Customer may withdraw the authorisation at any time. The third party must ensure that their access details do not become known to unauthorised persons.
Authorised third parties agree to maintain secrecy and to handle all data made accessible to them confidentially. In addition, reference is made to the duty of confidentiality set out under criminal law for doctors and their professionally active assistants (Section 203 (1)(1) and (3)(2) of the German Criminal Code, StGB.
Emperra expressly states that the use of the “ESYSTA” Portal is insufficient as a sole basis for treatment. Furthermore, Article 5 (1) and (2) (Use for health and medical purposes) and Article 8 (Liability) shall also apply to the authorised third parties.
§ 4 Contract period and termination
The contractual relationship is concluded for an indefinite period of time. It can be terminated at the end of a month by either party without stating reasons and without observing a notice period.
Notice of termination must be made in writing or in text form.
All parties to the contract may declare an extraordinary termination for good cause.
§ 5 Use for health and medical purposes
It is recalled that the “ESYSTA” Portal serves only as an aid to the recording and documentation of the measured values. The “ESYSTA” concept cannot replace medical care and therapy under any circumstances. The Customer must also coordinate any change to their therapy with the doctor treating them. Emperra shall not be liable for health complications resulting from incorrect therapy. This shall not affect Emperra’s liability pursuant to Article 8 of the T&Cs.
The treatment, and in particular the coordination of the insulin therapy, should not be determined solely on the basis of the measurement data from the “ESYSTA” Portal. The accuracy of the measurement data determined and stored via the “ESYSTA” concept should be verified regularly by way of additional measurements.
The Customer themselves shall be responsible for the correct determination of the data using the “ESYSTA” measurement devices. To this end, they shall be required in particular to read the supplied operating instructions carefully and to follow them. No liability can be assumed for incorrect operation of the “ESYSTA” component products by the Customer. This shall not affect Emperra’s liability pursuant to Article 8 of the T&Cs.
§ 6 Data protection
Emperra explains the protection of customers' data in a separate declaration.
The Customer agrees to the collection, processing and transmission of their personal data and specific personal data in a separate declaration. This declaration shall become an integral part of the contract.
§ 7 Warranty
Emperra warrants that the supplied component products and disposable materials are free of material defects and defects of title. The warranty period with respect to consumers shall be two years and shall begin with the delivery of the purchased item.
Emperra shall only provide a guarantee if this was expressly issued in writing or in text form.
Furthermore, the warranty period shall be 12 months.
In the event of a claim under warranty, Emperra reserves the right to replace the component products with equivalent successor models. These models may exhibit changes in design and operation.
§ 8 Liability
Emperra shall only be liable for damages if it or one of its agents has breached an essential contractual duty in a manner that jeopardises the purpose of the contract or if the damages are the result of gross negligence or intent by Emperra or one of its agents. Additional liability claims against Emperra shall be excluded, irrespective of the legal nature of the claims made. This shall not affect Emperra's liability pursuant to the German Product Liability Act (Produkthaftungsgesetz), liability for injury to life, body and health, or liability for the breach of guarantees.
If an essential contractual duty is breached in a manner that is not grossly negligent or intentional, Emperra's liability shall be limited to the damages that were sensibly foreseeable when the contract was concluded.
Emperra shall not be responsible for faults in the transmission network of Vodafone D2 GmbH and other network operators, or for failures of other communications networks not operated by Emperra. Emperra shall not be responsible for delays in services resulting from the failure of communications networks. This shall also apply to bindingly agreed deadlines.
§ 9 Consumer's right of revocation
If the Customer is a consumer and has entered into a contract with Emperra solely by means of distance communication, especially by telephone, email or fax or via the Emperra website, they shall be entitled to revoke their declaration of intention to enter into the contract without stating grounds within two weeks. This period shall begin, at the earliest, on the day after the goods are received, provided the Customer has also received this notice regarding revocation in text form at that point in time. Revocation is carried out by returning the goods to Emperra GmbH, Zeppelinstraße 48a, 14471 Potsdam, or by making a declaration in text form to Emperra. To comply with the time limit, it is sufficient to dispatch the revocation or the goods in good time.
Goods that can be dispatched as a parcel must be returned to Emperra GmbH, Zeppelinstraße 48a, 14471 Potsdam, at Emperra's risk and expense. By way of derogation from this, the Customer shall bear the regular costs of the return if the gross purchase price of the item being returned does not exceed 40.00 EUR or, in the event of a higher price, if the Customer has not yet paid or made a partial payment at the time of revocation, unless the supplied goods do not correspond to those ordered. Goods that cannot be dispatched as a parcel shall be collected from the Customer.
In the event of a valid revocation, Emperra shall reimburse the Customer of any purchase price already paid. If the Customer is wholly or partially unable to surrender the service received, or can only return it in a deteriorated condition, they shall be required to compensate the depreciation in value to this extent even if the deterioration results from proper use. The depreciation in value may correspond to the entire purchase price. dThe Customer can prevent depreciation in value by not using the goods as an owner would and by refraining from anything that has a negatively effect on their value.
This shall not affect the Customer's right of termination pursuant to Article 3.
§ 10 Miscellaneous
Prices are inclusive of statutory value added tax. Packaging and transport costs are only included if a separate agreement has been made to this effect. Unless otherwise agreed in writing, one-off and recurring claims for payment must be settled without deduction within 14 days of the Customer's receipt of the invoice.
Unless otherwise agreed in writing, one-off and recurring claims for payment must be settled without deduction within 14 days of the Customer's receipt of the invoice.
Unless expressly agreed as binding, delivery dates or deadlines shall only serve as non-binding indications.
Emperra shall be entitled to make partial deliveries and partial performances at any time, provided this is reasonable for the Customer.
The Customer shall only be entitled to offset against Emperra's claims for payment if their counterclaims have been established to be legally binding, have been accepted by Emperra, or are indisputable.
The supplied goods remain the property of Emperra until all claims arising under this contract have been paid in full.
§ 11 Applicable lawThis contract shall be governed by German law. The UN Convention on Contracts for the International Sale of Goods shall be excluded.
§ 12 Place of jurisdiction and performance The place of jurisdiction and performance shall be Potsdam, provided this is legally permissible.
§ 13 SeverabilityIf a provision of this contract is or becomes invalid or if the contract contains gaps that must be filled, this shall not affect the validity of the other provisions. In the place of the invalid provision or gap, the parties shall agree on a legally valid and enforceable rule that approximates the economic purpose of the agreement and that the parties would have agreed on had they been aware of the invalidity of the provision.