Status August 2016

The following "General Terms and Conditions" apply to companies of the Physiotherm group of companies (Physiotherm for short), whereby the individual contractual partner of the customer results from the order/the individual contract.

All our offers, deliveries and services shall be governed exclusively by our Terms and Conditions. These shall also apply as a framework agreement for all future transactions with Physiotherm even if no further separate reference is made to them. Amendments to these terms and conditions shall only be valid if confirmed in writing. Conflicting terms and conditions of purchase are subordinate and shall only apply if they have been expressly agreed. Verbal agreements are only binding if they are confirmed in writing.

Only persons who have unlimited legal capacity and have reached the age of 18 may be considered as customers. If these conditions are not met, Physiotherm is entitled to withdraw from the contract at any time.

Note on consumer rights

These terms and conditions also apply to consumers, unless mandatory statutory provisions provide otherwise.

1. conclusion of the contract:

The written order confirmation of the supplier is decisive for the contract. The dispatch of the goods ordered by the customer also brings about the conclusion of the contract.

2. delivery time:

Delivery is generally possible to the following countries: Austria, Germany, Switzerland, Italy and Great Britain. Delivery outside these countries may be made on the basis of individual requests, subject to individual verification. The delivery address must be an address where someone can be reached during the day.

The ordered goods shall be delivered by the delivery service commissioned by Physiotherm within the delivery time specified in the Webshop. Physiotherm assumes no liability whatsoever for compliance with delivery dates or delivery periods. As far as possible, the goods will be delivered on a date specified by the customer. When purchasing an infrared cabin or a similar product, "delivery without assembly" includes delivery to the curb. For deliveries including installation by Physiotherm, the individual installation date will be agreed directly with the customer by Physiotherm's customer service. The delivery period/installation period is subject to unforeseen obstacles that are outside the sphere of Physiotherm. In the course of a later delivery date, Physiotherm reserves the right to make technical changes which have occurred between the placing of the order and the delivery.

In particular, Physiotherm shall not be liable for delays in delivery due to force majeure and strikes. If these events prevent the timely fulfillment of the contract, the delivery periods shall be extended accordingly. Claims for damages or rescission of the contract due to delays in delivery are excluded in any case, unless Physiotherm has acted with gross negligence or willful misconduct.

If the Customer has not accepted the goods as agreed (default of acceptance), Physiotherm shall be entitled, after setting a grace period to no avail, either to store the goods itself, for which a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof may be charged, or to store the goods with an authorized tradesman at the Customer's expense and risk. At the same time, Physiotherm shall be entitled either to insist on performance of the contract or, after setting a reasonable grace period of at least 2 weeks, to rescind the contract and to dispose of the goods elsewhere and to claim damages from the Customer. If Physiotherm declares its withdrawal from the contract, the delivered goods shall be returned immediately at the Customer's expense. The Customer shall reimburse Physiotherm for all expenses incurred in this connection. Notwithstanding any mandatory statutory provisions to the contrary, the Customer shall have no right of retention or lien on the goods delivered by Physiotherm.

3. transfer of risk:

The risk shall pass to the Customer upon delivery of the goods by the carrier/forwarder to the Customer or upon collection by the Customer at the agreed place of delivery according to the order. Physiotherm usually dispatches the goods by a carrier/forwarder commissioned by it free domicile.

4. changes:

We reserve the right to make technical changes, price changes and design changes in the interest of quality improvement.

5. retention of title:

Notwithstanding the earlier transfer of risk, the delivered goods shall remain the unrestricted property of Physiotherm until full payment of all claims of Physiotherm arising from the delivery plus any interest, expenses and costs. The Customer hereby assigns to Physiotherm by way of security its claims against third parties, insofar as these arise through resale, until all claims of Physiotherm against the Customer have been satisfied. In the event of an impending seizure or other confiscation by third parties, the Customer shall inform Physiotherm of the retention of title and notify Physiotherm thereof without delay. Prior to the transfer of title to the Customer, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of Physiotherm. The Customer shall, on its own initiative and at its own expense, take all precautions necessary to maintain Physiotherm's retention of title to the delivered goods.

6 Complaints, warranty:

The customer must inspect the goods immediately upon receipt. Complaints shall only be considered if they are asserted in writing within 3 days of receipt of the goods, unless otherwise stipulated by law. They do not entitle the customer to a reduction or retention of the purchase price. In the event of a recognized complaint, Physiotherm shall, at its discretion, only be obliged to supply a faultless replacement or to make improvements. The rejected goods must be kept ready for inspection on site by the Supplier.

In all other respects, the general statutory warranty provisions shall apply. The warranty obligation includes the costs of labor and spare parts, but not wear parts and consumables or damage due to normal wear and tear.

The Supplier shall not assume any warranty for defects for which it is not responsible, in particular those caused by improper assembly or operation by the Supplier or by third parties; by force majeure, damage by the elements, water damage, fire, falling etc.; modification of the delivered product by the Customer or by third parties, installation of parts of third-party origin; non-compliance with the instructions on care and maintenance of the delivered product or disruption of the Customer's own installations and equipment.

The supplier also assumes no liability for consequential damages resulting from the failure of the delivered product.

In the event of a warranty claim, the Customer shall not be entitled to claim damages from Physiotherm. If Physiotherm is liable under mandatory provisions of Austrian law, Physiotherm shall only be liable with regard to financial losses incurred for intent or gross negligence. Liability for slight negligence is excluded, unless personal injury is involved. Insofar as a more extensive exclusion of liability is legally permissible in individual cases, this is hereby also deemed to be agreed.

7. guarantee:

The supplier provides a lifelong guarantee for the functionality of the Physiotherm infrared rods if they are used properly and as intended. This warranty claim must be made in writing to Physiotherm GmbH in A-6065 Thaur, Physiothermstraße 1 (Tel. +43 5223 54 777, www.physiotherm.com) and accompanied by the original invoice.

Any additional costs incurred in connection with the fulfillment of the warranty for delivery and installation of the replacement part shall be borne by the customer. Spare parts replaced as a result shall become the property of the Supplier.

In the event of damage caused by improper installation, handling or commissioning (e.g. overvoltage, chemical influences, etc.), the warranty is excluded. The supplier shall not be liable for any costs arising from anticipated repairs not authorized by the customer in connection with this guarantee.

The general and special warranty provisions remain unaffected by this warranty promise.

8. liability:

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. If it is not a consumer transaction, the limitation period for claims for damages is 3 years from the transfer of risk. The provisions on damages contained in these Terms and Conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

Recourse claims within the meaning of § 12 of the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused in the sphere of the supplier and was at least due to gross negligence.

9 Prices, terms of payment:

The prices apply from the agreed place of delivery according to the order plus statutory VAT. Unless otherwise agreed in writing, the purchase price shall be due for payment without any deduction upon receipt of the invoice. If the freight-free delivery provision applies, Physiotherm shall also bear the usual costs of transportation insurance. Any additional special costs for packaging, freight and transport insurance shall be borne by the Customer and shall be payable together with the purchase price.

Payments by the customer shall only be deemed to have been made when they are credited to the supplier's business account. In the event of default in payment, the Supplier shall be entitled to demand, at its discretion, compensation for the damage actually incurred or default interest at the statutory rate. Interest on arrears shall be charged at 5% p.a. above the base interest rate for consumer transactions and 8% p.a. above the base interest rate for business transactions from the due date.

A reminder fee of at least € 20 plus VAT is agreed for each reminder that becomes necessary due to late payment. Legal reminders shall be charged in accordance with the lawyer's tariff. The customer is obliged to inform us of any change of address while the contractual relationship is unfulfilled and must bear all costs arising from a breach of this obligation.

In the case of outstanding claims, Physiotherm may set off any payments made by the Customer against the Customer's outstanding claims, irrespective of any dedication by the Customer. In the event of non-payment of a claim against the Customer, all other claims against the Customer shall also become due immediately.

10. a) Consumer right of withdrawal, Austria

If the customer is a consumer (hereinafter referred to as the consumer), they have a statutory right of revocation or withdrawal (right of withdrawal) under certain conditions. The information and details required to identify the contract within the meaning of the Distance and Off-Premises Selling Act can be found in the order confirmation, the purchase contract, these GTC or the delivery bill. The consumer's attention is drawn in particular to the following rights of withdrawal:

aa.) Right of withdrawal under the Consumer Protection Act (KSchG) and the Trade Regulation Act (GewO)

Requirements, legal exclusion, deadlines

A consumer may withdraw from his contract application or from the contract if he has not

• in the premises permanently used by Physiotherm for its business purposes (business premises) or
• a stand used by Physiotherm for this purpose at a trade fair or market

has submitted. The consumer also has this right of withdrawal if Physiotherm or a third party cooperating with it

• as part of a promotional trip, excursion or similar event or
• by approaching them personally and individually on the street in the rooms used by Physiotherm for its business purposes.

The consumer is not entitled to this right of withdrawal not entitledif

• he himself has initiated the business relationship with Physiotherm or its agents for the purpose of concluding this contract,
• the conclusion of the contract was not preceded by discussions between the parties or their representatives,
• the contract in which the mutual services are to be rendered immediately and the agreed remuneration does not exceed € 25.00,
• the contract is subject to the Distance and Off-Premises Transactions Act (e.g. for orders via the Physiotherm online store),
• he has made contractual declarations in the physical absence of employees of Physiotherm or a third party attributable to it, unless he has been urged to do so by the aforementioned persons or Physiotherm.

The consumer may declare his withdrawal within the following periods:

• At any time until the contract is concluded.
• Within 14 days after conclusion of the contract. This period begins with the delivery of the document within the meaning of § 3 KSchG (e.g. purchase contract with instructions, delivery bill with instructions, etc.) to the consumer; in the case of purchase contracts for goods, however, at the earliest on the day on which the consumer acquires possession of the goods.
• If no certificate has been issued, the withdrawal period shall in any case end 12 months and 14 days after conclusion of the contract or delivery of the goods .

Under the above conditions, the consumer may also withdraw from his contract application or from the contract if Physiotherm has violated trade law regulations on the collection and acceptance of orders for services (§ 54 GewO 1994), on the solicitation of private individuals and advertising events (§ 57 GewO 1994) or on the acceptance of orders for goods from private individuals (§ 59 GewO 1994). In this case, the consumer has a right of withdrawal even if he himself initiated the business relationship with the trader for the purpose of concluding the contract or if the conclusion of the contract was not preceded by discussions between the parties or their representatives.

Furthermore, the consumer may withdraw from his contract application or from the contract if circumstances relevant for his consent within the meaning of the Consumer Protection Act, which Physiotherm has presented as probable in the course of the contract negotiations, do not occur or only occur to a considerably lesser extent without his instigation.

This right of withdrawal is not available to the consumer not if

• he already knew or should have known during the contract negotiations that the relevant circumstances would not occur or would only occur to a significantly lesser extent,
• the exclusion of the right of withdrawal has been negotiated in detail or
• Physiotherm agrees to an appropriate adjustment of the contract.

In this case, withdrawal can be declared within one week. The period begins to run as soon as it becomes apparent to the consumer that the relevant circumstances within the meaning of the Consumer Protection Act do not occur or only occur to a significantly lesser extent. However, the right of withdrawal expires at the latest one month after the complete fulfillment of the contract by both contracting parties.

Form of the declaration of withdrawal

The declaration of withdrawal is not bound to any particular form. The withdrawal deadline shall be deemed to have been met if the declaration of withdrawal is sent to Physiotherm within the deadline.

Consequences of the withdrawal

If the consumer withdraws from the contract by invoking the aforementioned rights of withdrawal, Physiotherm must reimburse the consumer for all services received, including statutory interest from the date of receipt, and reimburse the consumer for the necessary and useful expenses incurred by the consumer for the item, the consumer must return the services received and pay Physiotherm an appropriate fee for the use(usage fee), including compensation for any associated reduction in the fair value of the service. Physiotherm will disclose this amount after the deferral. The Consumer undertakes to pay this amount to Physiotherm within 14 days free of charges and deductions.

The costs for the restitution are to be borne by the consumer.

If it is impossible or impracticable to restore the services already provided by Physiotherm, the consumer shall reimburse Physiotherm for their value to the extent that they are of clear and predominant benefit to him.

ab.) Right of withdrawal according to Distance and Off-Premises Transactions Act (FAGG)

Requirements, legal exclusion, deadlines

If the contract between the consumer and Physiotherm was concluded by distance selling (e.g. online, telephone, fax, etc.) or outside of business premises, the consumer has a right of withdrawal in accordance with the FAGG.

The consumer is not entitled to this right of withdrawal not entitledif

• a contract is concluded off-premises and the fee to be paid by the consumer does not exceed € 50,
• contracts for services are concluded and Physiotherm - on the basis of an express request by the consumer and a confirmation by the consumer of his knowledge of the loss of the right of withdrawal upon complete fulfillment of the contract - has begun to perform the service before the expiry of the withdrawal period and the service has then been provided in full,
• a contract is concluded for goods that are manufactured according to customer specifications or are clearly tailored to personal requirements,
• a contract is concluded for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,
• a contract has been concluded for urgent repair or maintenance work where the consumer has expressly requested Physiotherm to visit to carry out this work.

The consumer may withdraw from a distance contract or an off-premises contract within the following periods without giving reasons:

• At any time until the contract is concluded.
• Within 14 days,

for service contracts from the day the contract is concluded,

for sales contracts and other contracts for the purchase of goods against payment

• from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires possession of the goods, or
• if the consumer has ordered several goods as part of a single order which are delivered separately, from the day on which the consumer or a third party named by the consumer and not acting as a carrier acquires possession of the last goods delivered,
• in the case of delivery of goods in several partial shipments, from the day on which the consumer or a third party designated by the consumer and not acting as a carrier acquires possession of the last partial shipment,
• in the case of contracts for the regular delivery of goods over a fixed period of time, from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires possession of the goods first delivered,

• If Physiotherm has not complied with its duty to inform, the withdrawal period shall be extended by 12 months, so that the maximum withdrawal period is 12 months and 14 days.
• If Physiotherm provides the information within 12 months of the date on which the period begins, the withdrawal period ends 14 days after the date on which the consumer received this information.

Form of the declaration of withdrawal

The declaration of withdrawal is not bound to any particular form, but must be clearly recognizable as a declaration of withdrawal. The withdrawal deadline is deemed to have been met if the declaration of withdrawal is sent within the deadline. The consumer may use the withdrawal form provided by Physiotherm for this purpose. However, this is not obligatory.

Consequences of the withdrawal

If the consumer withdraws from the contract on the basis of the right of withdrawal pursuant to the FAGG, Physiotherm shall reimburse all payments received by Physiotherm from the consumer, including delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by Physiotherm), immediately and at the latest within 14 days from the day on which Physiotherm receives the notice of withdrawal. For this repayment, Physiotherm will use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer. Under no circumstances will the consumer be charged any fees for this repayment.

If the consumer withdraws from a purchase contract or any other contract for the purchase of goods against payment, he must return the goods received to Physiotherm without delay, but at the latest within 14 days of submitting the declaration of withdrawal. The deadline is met if the goods are dispatched within the deadline.

The direct costs of returning the goods shall be borne by the consumer. The return costs of goods that cannot normally be returned by post cannot reasonably be calculated in advance. The costs for the return shipment depend on the current transportation costs at the time of the return shipment. These depend in particular on the size, weight and quantity of the goods and the distance between the place of dispatch and the place of delivery. The average cost of returning such goods within Austria is estimated at a maximum of around € 280 per pallet (1 infrared cabin or 1 heated lounger). If the estimated return costs exceed this amount, Physiotherm will inform the consumer of the higher return costs when the goods are delivered.

The consumer must compensate Physiotherm for any loss in value of the goods if this is due to handling that is not necessary to check the condition, properties and functionality of the goods.

In the event of withdrawal from purchase contracts and other contracts for the purchase of goods against payment, Physiotherm may refuse repayment until Physiotherm has received the goods back or the consumer has provided proof that he has returned the goods.

If the consumer has requested that the services should commence during the withdrawal period, he shall pay Physiotherm a reasonable amount corresponding to the proportion of the services already provided up to the time at which the consumer informs Physiotherm of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

b) Consumer law in Germany:

Right of revocation for "doorstep selling" and consumer contracts in distance selling: The consumer has a right of revocation and is no longer bound by his declaration of intent to conclude the contract if he has revoked it in due time. The revocation does not have to contain any reasons and must be declared to Physiotherm in text form within two weeks. In the case of the delivery of goods, the period does not begin before the day of their receipt by the recipient.

Consequences of withdrawal: If the consumer withdraws from the contract, he must return the service received or, at Physiotherm's discretion, keep it ready for collection. He must pay compensation for the reduction in value caused by the intended use of the item. The Customer can avoid the obligation to pay compensation by not damaging the original packaging of the product, refraining from self-assembly and disassembly of the product and not using the cabin.

Withdrawal is excluded if the goods have been manufactured according to customer specifications or are clearly tailored to personal requirements.

11. health

Physiotherm has the health effects of its products and developments carefully checked in close cooperation with independent doctors. In connection with health questions and inquiries, Physiotherm endeavors to respond to the individual information needs of the interested party. Nevertheless, Physiotherm must point out in this context that all information about its products and their effects is of a general nature and in no way replaces individual medical advice, diagnosis or treatment methods for the customer's personal state of health or situation. For medical advice and treatment of personal health conditions, please consult your doctor.

12. data protection

Physiotherm expressly declares that it will not pass on any personal data of customers to third parties unless this is necessary for the execution of the contract. In particular, the transfer of data to suppliers of Physiotherm is necessary for the execution of the contract, provided that these suppliers deliver the ordered goods directly to the customer. Also excluded is the necessary forwarding of customer data by Physiotherm to a debt collection agency or a lawyer.

Physiotherm is not liable for the content of data transmitted by the customer. You will find more detailed information under data protection.

13. right of transfer

Physiotherm is entitled to transfer the rights and obligations arising from this contract to another company or a third party. Physiotherm shall be released from its obligations 4 weeks after notification of this legal successor, unless the Buyer raises a justified written objection by then.

14 Place of jurisdiction, severability clause, applicable law:

For contracts with companies, the court with subject-matter and local jurisdiction for the registered office of Physiotherm (A-6065 Thaur) shall have exclusive jurisdiction. For contracts with consumers from a member state of the EU, the consumer has the choice between the court of his place of residence and the place of jurisdiction at the registered office of the company. The contracting parties agree that Austrian law shall apply, provided there are no mandatory statutory provisions to the contrary. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. The legal invalidity of individual parts of the contract shall not release the contracting parties from the contract, but the invalid provisions shall be replaced accordingly.

15. language clause

The contract language is German. The English version of the website is for information purposes only but does not change the applicability of substantive Austrian law.