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Terms and conditions

Initial comment

ChiroTape® is a medical device that may only be used by persons with the required training or knowledge and experience, and only if the instructions for use and additional information in the package insert are observed.

§1 General information, scope

  1. The contract between the parties is exclusively based on these general terms and conditions. General terms and conditions of the contractual parties deviating from these general terms and conditions only apply when they are expressly acknowledged in writing.
  2. The contractual parties acknowledge these general terms and conditions upon ordering our products.

§2 Conclusion of the contract

  1. Our offers on the internet represent a nonbinding invitation to make an order.
  2. A binding offer to conclude a purchase contract is represented by an order by letter, fax, e-mail or telephone.
  3. This can be accepted by us within 10 days by sending an order confirmation by letter, fax or e-mail.
  4. If the ordered goods are not available at the time of the order, we can withdraw from the contract. In this case, the contracting partners will be immediately informed of the non-availability of the goods. Payments that the contracting partners have already made will then be immediately reimbursed.

§3 Payment, due date, prices

  1. The net purchase price is due immediately after receipt of the order confirmation.
  2. Counterclaims can only be conducted if they are uncontested or legally asserted.
  3. The contractual partner is only entitled to assert a right of retention if a counterclaim is based on the same legal contractual relationship.
  4. The indicated prices shall be understood as final prices including any statutory VAT tax or shipping costs.
  5. Deliveries within Germany for orders €50 and above are shipped free. Deliveries to Austria and Switzerland are shipped free for orders of €100 and above. The shipping costs for deliveries to other countries will be calculated separately based on time and expense.
  6. The information on the home page at the time of shipment of the order confirmation is binding for prices and delivery conditions.

§4 Delivery

  1. The goods are delivered by being shipped to the address communicated by the contractual partner.
  2. Deliveries are only made for orders paid in advance and are usually shipped within 4-5 work days after receipt of the purchase price. No liability is assumed for delays in deliveries for which we are not responsible.
  3. The service risk and price risk are transferred to the contractual partner when the goods are handed over to the freight forwarder.

§5 Reservation of title

  1. The delivered goods remain our property until they are paid for in full.
  2. If the contractual partner resells the goods, he hereby cedes to us the arising receivables from third parties to the amount of our claim. The contractual partner is revocably entitled to collect this receivable. The contractual partner is not entitled to assign these receivables.

§6 Warranty

  1. Except for injury to life, limb, health and violation of contractual duties, we are not liable for any damage with the proviso that we or our assistants and vicarious agents caused it by willful intent or gross negligence. Liability is limited to 10 times the amount of the value of the order. Liability is excluded for indirect damage arising from unforeseeable, contractually atypical circumstances. Liability is especially excluded for damage arising from the non-observance of the instructions for use in the package insert, and for damage arising from use by persons who do not possess the required training or knowledge and experience. Liability arising from the Product Liability Law shall remain unaffected.
  2. The contractual partner must immediately inspect the goods after delivery to the extent feasible in the normal course of business. If a defect is revealed, we must be immediately notified. If the contractual partner does not provide notification, the goods shall be held to be accepted, except if the defect was not identifiable during the inspection. If such a defect is found later, the contractual partner must immediately provide notification after it is discovered; otherwise, the goods shall be held to be accepted despite the existence of the defect. The timely sending of the notification is sufficient to retain the rights of the contractual partner.
  3. The warranty period covers one year after transfer of risk.
  4. Given the present state of the art, it cannot be guaranteed that data communication over the Internet will always be error-free and/or available. We are therefore not liable for the continuous availability of our online shop.

§7 Legal venue, applicable law

  1. The legal venue for resolving disputes is Celle, Germany.
  2. The rights of the parties derived from this contract are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.