Status April 2023

The following "General Terms and Conditions" apply to companies of the Physiotherm group of companies (hereinafter: Physiotherm), whereby the individual contractual partner of the Customer results from the order/the individual contract. In the following, Physiotherm means the company belonging to the Physiotherm group of companies which has become the contractual partner of the Customer and thus the seller in the respective individual case.

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 separate reference is subsequently made to them, unless the transactions are with consumers. 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.

Note on consumer law:

These General Terms and Conditions also apply to consumers, unless this is contrary to mandatory statutory provisions. In this case, the mandatory statutory provisions shall replace the respective provision in the General Terms and Conditions.

1. conclusion of the contract:

(1) The order confirmation from Physiotherm is decisive for the conclusion of the contract for an order in the online store, which requires at least text form. This constitutes the declaration of acceptance with regard to the respective offer of the Customer. Any order confirmation is irrelevant for the conclusion of the contract. The dispatch of the goods ordered by the Customer is equivalent to the declaration of acceptance by Physiotherm.

(2) If the contract is concluded via other sales channels, Physiotherm will generally first make an individualized offer. Acceptance is made by declaration of the Customer. The contract must at least be in text form. Sentences 1 and 2 do not exclude the possibility of an offer being made by the Customer which can be accepted by Physiotherm.

2. delivery time:

The agreed delivery period is subject to unforeseen obstacles which are outside the sphere of Physiotherm. In particular, Physiotherm shall not be liable for delays in delivery due to force majeure and strikes. If these events prevent the timely performance of the contract, the delivery periods shall be extended accordingly. Claims for damages due to delay or the termination of the contract for this reason are excluded in any case if Physiotherm is not proven to have been at least grossly negligent. This does not apply to transactions with consumers. In such cases, the statutory burden of proof shall remain. If the Customer has not accepted the goods as agreed (default of acceptance), Physiotherm is entitled, after unsuccessfully setting a grace period, 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 custodian at the Customer's expense and risk. At the same time, Physiotherm is 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. In the case of contracts for delivery on call, the goods must be accepted at the latest 6 months after conclusion of the contract. The above-mentioned consequences shall also apply in the event of default of acceptance by the customer.

3. transfer of risk:

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

4. changes:

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

5. retention of title:

The delivered goods shall remain the property of Physiotherm, notwithstanding the earlier transfer of risk, until payment of all our claims arising from the delivery plus default interest, expenses and costs. Upon conclusion of the contract, the Customer assigns to Physiotherm by way of security its claim against third parties, if and to the extent such claim arises from the resale of the purchased goods, 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 latter must be informed of the retention of title. Physiotherm shall be notified thereof without delay. Prior to the transfer of title to the Customer, pledging, transfer by way of security, processing or transformation by the Customer is not permitted without Physiotherm's express consent.

6 Complaints, warranty:

The Customer shall inspect the goods immediately upon receipt. Complaints or obvious defects must be notified to Physiotherm in writing immediately after the inspection. If the Customer is an entrepreneur, complaints will only be considered if they are made in writing within 3 days of receipt of the goods. Consumers are only entitled to a reduction of the purchase price or to withdraw from the contract after subsequent performance has failed. Entrepreneurs are not entitled to a reduction or retention of the purchase price due to a possible defect. If the contract is with an entrepreneur, Physiotherm shall, at its discretion, only be obliged to supply a faultless replacement or to rectify the defect. The goods complained about must be kept ready for inspection by Physiotherm on site.

In all other respects, the general statutory warranty provisions 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.

Physiotherm does not assume any warranty for defects for which it is not responsible, in particular those caused by improper installation or operation by the customer or third parties; by force majeure, natural hazards, water damage, fire, fall, etc.; modification of the delivered product by the customer or third parties, installation of parts of foreign origin; non-compliance with the instructions for care and maintenance of the delivered product or malfunction of the in-house installations and equipment.Physiotherm also assumes no liability for consequential damages resulting from the failure of the delivered product.

7. guarantee:

Physiotherm provides a lifelong guarantee for the functionality of Physiotherm infrared heating elements when used properly and as intended. This warranty claim must be made in writing to Physiotherm GmbH Deutschland in 08233 Treuen, Herlasgrüner Straße 74 (Tel. +49 37468 7646 3031, www.physiotherm.com) on presentation of the original invoice.

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

In the event of damage caused by improper installation, handling or commissioning (e.g. overvoltage, chemical influences, etc.) by the customer, the warranty is excluded. Physiotherm shall not be liable for any costs arising from repairs carried out in advance in connection with this warranty promise and not authorized by Physiotherm. In this respect, the Customer has no right of self-remedy.

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 liability for damages resulting from injury to life, limb or health. 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. This does not apply to claims for damages due to injury to life, limb or health or due to damage caused by gross negligence or intent. 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.

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 provision "carriage paid delivery" 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. These costs shall be due together with the agreed purchase price.

Payments by the Customer shall only be deemed to have been made when they are credited to Physiotherm's business account. In the event of default of payment, Physiotherm shall be entitled, at its discretion, to claim compensation for the damage actually incurred or default interest at the statutory rate.

10 Place of jurisdiction, severability clause, applicable law:

The place of performance for deliveries and payments is the registered office of Physiotherm GmbH Deutschland in 08233 Treuen. The exclusive place of jurisdiction shall be the court having subject-matter and local jurisdiction at the registered office of Physiotherm GmbH Deutschland, unless mandatory statutory provisions prescribe a different place of jurisdiction. German law shall apply exclusively, excluding the conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded. If general terms and conditions have not become part of the contract in whole or in part or are ineffective, the rest of the contract shall remain effective. The invalid provision shall be replaced by the statutory provision from which it deviates.

11. notes:

a) Health

We have the health effects of our products and developments carefully checked in close cooperation with independent doctors. In connection with health questions and inquiries, we make every effort to respond to the individual information needs of interested parties. However, we must point out that all information about our products and their effects is of a general nature and is in no way a substitute for individual medical advice, diagnosis or treatment for your personal health condition or situation. For medical advice and treatment of your personal health condition, please consult your doctor.

b) Data protection

The data required for contractual processing is processed electronically and may also be forwarded to another company in the Physiotherm group of companies or a Physiotherm partner for the purpose of administration and customer support.

12. collection:

For transactions with entrepreneurs, a reminder fee of €20 is agreed for each reminder that becomes necessary due to late payment. In the case of consumer transactions, a reminder fee of €5 shall be agreed for each reminder that exceeds the reminder that triggered the default. If a reminder is not required in accordance with Section 286 (2) BGB, the consumer must also pay this reminder fee for the first reminder. Lawyer's reminders shall be charged in accordance with the statutory lawyer's fee. If the customer is a consumer, this shall only apply if the customer is already in default. The customer is obliged to inform us of any change of address during the existing, unfulfilled contractual relationship. The customer shall bear all costs arising from a breach of this obligation.

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 Customer refuses consent in writing by then. The right to transfer does not exist in the context of consumer transactions.

14. revocation instruction:

In the event of the existence of a statutory right of withdrawal, the customer is instructed as follows:

Cancellation policy

Consumers have, among other things, a statutory right of withdrawal when concluding contracts concluded outside business premises or distance selling contracts, about which Physiotherm provides information below in accordance with the statutory provisions. A contractual right of withdrawal is expressly not established by this declaration.

§ 1 Right of withdrawal

(1) You have the right to withdraw from this contract within 14 days without giving any reason.

(2) The withdrawal period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the ordered/purchased goods.

(3) In order to exercise your right of withdrawal, you must inform us(insert name, address and, if available, telephone number, fax number and e-mail address!) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.

(4) In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

§ 2 Consequences of revocation

(1) If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

(2) We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

(3) You must return or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the 14-day period has expired.

(4) You shall bear the direct costs of returning the goods.

(5) You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

§ 3 Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Sample withdrawal form (in accordance with the statutory provisions)

(If you wish to withdraw from the contract, please fill out this form and send it back to us).

To:
Insert name, address and, if applicable, fax number and e-mail address of the contractual partner!

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

• Ordered on (*) / received on (*):
• Name of the consumer(s):
• Address of the consumer(s):

Date
Signature (only required for revocation on paper)

(*) Delete as appropriate