- Scope of application
These General Terms and Conditions apply to all purchases and contracts between TheraBionic GmbH and consumers who use TheraBionic GmbH medical products.
Conflicting general terms and conditions of the customer do not apply, even if they are not expressly contradicted.
These General Terms and Conditions are available in German and English. Only the German version is binding.
- Right to make changes
TheraBionic GmbH reserves the right to make technical changes to the device and/or to change its shape, colour and packaging at any time, in particular insofar as this is necessary to keep up the device with the latest technical developments.
- Terms of payment, retention of title
Invoices are due within 14 days after receipt without deduction.
Delivered products remain the property of TheraBionic GmbH until full payment has been received.
Before signing the contract Therabionic GmbH will inform the customer about the payment methods with which the purchase and deposit amounts can be paid. TheraBionic cooperates with the payment service provider PayOne, through which different payment methods can be used.
- Right of revocation, compensation for loss of value in case of revocation
The customer may revoke a purchase or transfer contract. A separate revocation instruction is given for this.
In the event of revocation, the customer shall pay compensation for a loss in value of the equipment and accessories provided the loss in value is attributable to handling these parts which was not necessary for checking the condition, properties and functionality of the parts.
5 Warranty and liability
Note: Due to the limited experience with patients and variabilities in individual conditions, there is a risk of ineffective treatment that cannot prevent progression of disease. Therefore, no guarantee of treatment success can be given.
(1) The statutory warranty regulations apply with the following proviso: In the event of a material defect, which also includes transport damage, TheraBionic GmbH shall be entitled, at its own discretion, first to remedy the defect or to deliver a defect-free item.
(2) If damage is caused by the use of the medical device, the following shall apply:
- a) TheraBionic GmbH is liable in the case of intentional and gross negligence for all damages resulting therefrom. In the case of simple negligence, TheraBionic GmbH shall only be liable in the event of breach of a material contractual obligation and only for damage typical of the contract and foreseeable at the time the contractual relationship was established. Liability for all other damages caused by simple negligence, in particular indirect damages, consequential damages and loss of profit, is excluded unless mandatory statutory liability exists.
- b) TheraBionic GmbH shall not be liable for damage caused by improper use of the device or use contrary to the terms of the contract. Furthermore, a deterioration of the goods due to wear and tear shall not be deemed to be a defect, unless TheraBionic GmbH is responsible for such a deterioration.
- c) Any legal liability for bodily injury and personal injury as well as under the Product Liability Act or the Medical Devices Act remains unaffected by this.
- Ancillary copyrights
The medical device and its use are patent protected.
TheraBionic GmbH retains all ancillary copyrights, namely copyrights to drawings, product images, photos and films, irrespective of whether these have been made accessible to the customer in physical or non-physical form.
- Final provisions
(1) Amendments to the contract must be made in writing; this also applies to the cancellation of the written form clause. Verbal ancillary agreements have not been made.
(2) The place of jurisdiction is Ettlingen.
(3) German law shall apply with the following proviso. If the customer is domiciled in another EU country, the customer may additionally refer to the mandatory provisions of the law of his domicile which would be applicable without this clause.
(4) Should provisions of these GTC be or become invalid or void, this shall not affect the validity of the contract or the validity of the remaining GTC. In such a case, the parties shall make an agreement which comes economically close to the invalid or void clause, taking into account the law. The same shall apply in the event that a loophole becomes apparent in the contract.