1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between [Your Company] (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") concerning the sale of goods and services in the field of HBOT.
1.2 Customers within the meaning of these GTC are both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).
2. Conclusion of Contract
2.1 The presentation of goods and services on the Seller's website does not constitute a legally binding offer but rather an invitation to the customer to place an order.
2.2 The customer can submit the offer via the Seller's online order form. By entering their personal data and clicking the "Submit Order" button in the final step of the ordering process, the customer makes a legally binding contractual offer concerning the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Customer's offer within five days,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), where the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, where the receipt of the goods by the Customer is decisive, or
by requesting the Customer to pay after placing their order.
If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
3. Prices and Payment Conditions
3.1 The prices stated by the Seller are final prices and include the statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
3.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that are to be borne by the Customer. This includes costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import-related duties or taxes (e.g., customs duties).
3.3 The customer has various payment options available, which are indicated in the Seller's online shop.
3.4 If advance payment is agreed, payment is due immediately upon conclusion of the contract.
3.5 For stationary HBO chambers (such as H85, H130, X240, etc.), a deposit according to the offer is generally required. The HBO chamber X240 is manufactured exclusively on behalf of the customer.
4. Delivery and Shipping Conditions
4.1 The delivery of goods is made by shipping to the delivery address specified by the Customer, unless otherwise agreed.
4.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the cost of the unsuccessful shipment.
4.3 Self-collection is only possible by arrangement.
4.4 For all stationary HBO systems (such as H85, H130, X240, etc.), the place of performance is Köhlerweg 3, 57250 Netphen.
4.5 The delivery and installation of stationary HBO systems are exclusively carried out by external transport companies offering such services. Before the assignment, the client is obliged to verify the suitability of their premises for the installation and installation of the desired HBO chamber. The client can inquire contact details for such a transport company through the contractor. This transport company offers a site visit at a flat rate, including checking the suitability of the premises (including staircases, elevators, doors, etc.).
4.5 Digital content is provided to the customer exclusively in electronic form as follows:
via download
via email
5. Retention of Title
5.1 In relation to consumers, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
5.2 In relation to entrepreneurs, the Seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been fully settled.
5.3 The Customer is obliged to treat the goods with care.
6. Liability for Defects (Warranty)
6.1 If the purchased item is defective, the statutory provisions on liability for defects apply.
6.2 Deviating from this, the limitation period for claims for defects is one year from delivery of the goods to the customer for used goods.
6.3 For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; statutory limitation periods for the recourse claim under § 445b BGB remain unaffected.
6.4 Only the Seller's information and product descriptions by the manufacturer, taken as part of the individual contract, are deemed as agreements on the condition of the goods; public statements by the manufacturer or other promotional statements are not guaranteed by the Seller.
6.5 The customer does not receive any guarantees in the legal sense from the seller.
7. Liability
7.1 The Seller is liable to the Customer in all cases of contractual and non-contractual liability in cases of intent and gross negligence in accordance with statutory provisions for damages or reimbursement of wasted expenditures.
7.2 In other cases, the Seller is liable – unless otherwise regulated in these GTC – only for the breach of a contractual obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the Customer may regularly rely (so-called cardinal obligation), limited to the compensation of the foreseeable and typical damage.
7.3 The limitations of liability do not apply in the case of injury to life, body and health or in claims under the Product Liability Act.
7.4 To the extent that liability is excluded or limited, this also applies to personal liability of employees, representatives and agents of the Seller.
8. Right of Withdrawal
8.1 Consumers generally have a right of withdrawal.
8.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
8.3 The right of withdrawal does not apply to contracts for the delivery of sealed goods if their seal was removed after delivery.
8.4 The right of withdrawal also does not apply to contracts for the delivery of goods if they were inseparably mixed or combined with other goods after delivery due to their nature.
9. Cancellation Policy
9.1 The customer is informed that they have the right to withdraw from the contract within a period of 14 days without giving any reasons.
This period begins from the time the customer receives the goods or, if it concerns a custom-made or service contract, from the day of contract conclusion.
9.2 Withdrawal must be declared in writing via email or letter.
9.3 In the event of cancellation, the customer must bear the costs incurred in full. This includes return shipping costs and compensation for services already rendered. This particularly applies to custom-made products.
10. Data Protection
10.1 The Seller processes personal data of the customer for specific purposes and in accordance with statutory provisions.
10.2 The personal data provided for ordering goods (such as name, email address, address, payment data) will be used by the Seller for contract fulfillment and processing. These data are treated confidentially and will not be disclosed to third parties not involved in the ordering, delivery, or payment process.
10.3 The customer has the right to obtain information free of charge about the personal data stored by the Seller upon request. Additionally, they have the right to correct inaccurate data, block and delete their personal data, as long as no statutory retention requirement opposes this.
11. Applicable Law
11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods.
11.2 For consumers, this choice of law only applies insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
12. Jurisdiction
12.1 If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Siegen.
12.2 The same applies if the Customer does not have a general place of jurisdiction in Germany or in another EU member state or if their domicile or habitual residence is unknown at the time a lawsuit is filed.
12. Final Provisions
12.1 Any changes or additions to this contract must be made in writing to be effective.
12.2 Should individual provisions of this contract be or become ineffective, the validity of the remaining provisions shall not be affected.
Version: 03.06.2024
X4 Innovation GmbH
Alfred-Herrhausen-Allee 3-5
65760 Eschborn / Ts.
contact@x4innovation.com
