General Terms and Conditions Germany

Status April 2023

The following "General Terms and Conditions of Business" shall apply to companies belonging to the Physiotherm Group of Companies (hereinafter: Physiotherm), whereby the individual contractual partner of the Customer shall be determined by the order/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 business with Physiotherm, even if no further separate reference is made to them subsequently, unless business is conducted with consumers. Amendments to these terms and conditions shall be valid only if confirmed in writing. Any conflicting terms and conditions of purchase shall be subordinate and shall only apply if they have been expressly agreed. Verbal agreements shall only be binding if they are confirmed in writing.

Notice Consumer Law:

These Terms and Conditions shall also apply to consumers, unless mandatory statutory provisions conflict therewith. 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, which must be at least in text form, shall be decisive for the conclusion of the contract in the event of an order in the online store. This constitutes the declaration of acceptance with respect to the respective offer of the Customer. Any order confirmation shall be irrelevant to the conclusion of the contract. The dispatch of the goods ordered by the Customer shall be equivalent to Physiotherm's declaration of acceptance.

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

2. delivery time:

The agreed delivery period shall apply subject to unforeseen obstacles that lie 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 cancellation of the contract for this reason shall be excluded in any case if Physiotherm is not proven to have been at least grossly negligent. This shall not apply to transactions with consumers. In the case of consumers, the legal burden of proof shall continue to apply. If the Customer has not taken delivery of the goods as agreed (default of acceptance), Physiotherm shall be entitled, after having set 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 custodian 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 withdraw from 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 no later than 6 months after conclusion of the contract. In this case of default of acceptance by the customer, the above-mentioned consequences shall also apply.

3. transfer of risk:

Physiotherm usually ships the goods free of charge through a carrier/forwarder commissioned by it. The risk shall pass to the Customer when the goods are handed over to the Customer by the carrier/forwarder or when the Customer collects the goods himself at the agreed place of handover in accordance with 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, without prejudice to the earlier transfer of risk, until payment of all our claims arising from the delivery plus interest on arrears, expenses and costs. Upon conclusion of the contract, the customer shall assign to Physiotherm, by way of security, his claim against third parties, insofar as and to the extent that such claim arises from resale of the purchased goods, until all claims of Physiotherm against him have been satisfied. In the event of imminent seizure or other attachment by third parties, such third parties shall be informed of the reservation of title. Physiotherm shall be notified thereof without delay. Prior to transfer of ownership to the Customer, pledging, transfer of ownership by way of security, processing or transformation by the Customer shall not be permitted without Physiotherm's express consent.

6. complaints, warranty:

The Customer shall thoroughly inspect the delivery of goods immediately upon receipt. Complaints or obvious defects must be reported to Physiotherm in writing immediately after the inspection. If the Customer is an entrepreneur, complaints shall only be considered if made in writing within 3 days of receipt of the goods. Consumers shall be entitled to reduce the purchase price or to withdraw from the contract only 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 option, only be obligated to deliver faultless replacement goods or to remedy the defect. The goods subject to complaint must be kept available on site for inspection by Physiotherm.

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

Physiotherm shall not assume any warranty for defects for which it is not responsible, in particular those caused by improper assembly or operation by the customer or by third parties; by force majeure, damage caused by the elements, water damage, fire, falling, etc.; modification of the delivered product by the customer or by third parties, installation of parts of foreign origin; non-compliance with the instructions for care and maintenance of the delivered product or disruption of the in-house installations and equipment.Physiotherm shall also not assume any liability for consequential damage resulting from the failure of the delivered product.

7. guarantee:

Physiotherm provides a lifetime warranty for the functionality of the Physiotherm infrared heating rods if they are used properly and as intended. This warranty claim must be made in writing to Physiotherm GmbH Germany in 08233 Treuen, Herlasgrüner Straße 74 (Tel. +49 37468 7646 3031,, accompanied by the original invoice.

Any additional costs in connection with warranty fulfillment for delivery and installation of replacement heating rods shall generally be borne by the Customer. Any spare parts thus replaced 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 shall be excluded. Physiotherm shall not be liable for any costs incurred by the Customer as a result of anticipated repairs not approved by Physiotherm in connection with this warranty. In this respect, the customer shall not have the right to carry out repairs himself.

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 arising 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 the transaction is not a consumer transaction, the limitation period for claims for damages shall be 3 years from the transfer of risk. This does not apply to claims for damages due to injury to life, body 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 are valid from the agreed place of delivery according to the order plus the statutory value added tax. Unless otherwise agreed in writing, the purchase price shall be due for payment without any deductions upon receipt of the invoice. If the "carriage paid for delivery" provision applies, Physiotherm shall also bear the usual costs of transport insurance. Any additional special costs for packaging, freight and transport insurance shall be borne by the Customer. These costs are due together with the agreed purchase price.

Payments by the Customer shall not be deemed made until credited to Physiotherm's business account. In the event of default in payment, Physiotherm shall be entitled, at its option, to demand compensation for the actual damage incurred or interest on arrears at the statutory rate.

10 Jurisdiction, severability clause, applicable law:

The place of performance for deliveries and payments shall be the registered office of Physiotherm GmbH Germany in 08233 Treuen. The court with subject-matter and local jurisdiction at the registered office of Physiotherm GmbH Germany is agreed to be the exclusive place of jurisdiction, unless mandatory statutory provisions stipulate a different jurisdiction. German law shall apply exclusively, to the exclusion of 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 examined in close cooperation with independent physicians. In connection with health-related questions and inquiries, we make corresponding efforts to address the individual information needs of the interested party. Nevertheless, we must point out in this context that all information about our products and their effects are of a general nature and in no way replace individual medical advice, diagnosis or treatment methods for your personal health condition or situation. For medical advice and treatment of your personal health condition, please be sure to consult your physician.

b) Data protection

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

12. collection:

In the case of transactions with entrepreneurs, a reminder fee of € 20.00 shall be agreed for each reminder made necessary by default in payment. In the case of consumer transactions, a reminder fee of € 5.00 shall be agreed for each reminder that goes beyond the reminder that triggered the default. If a reminder is not required in accordance with Section 286 (2) of the German Civil Code, the consumer shall also pay this reminder fee for the first reminder. Lawyer's reminders are calculated according to the legal lawyer's fee. If the customer is a consumer, this only applies if the customer is already in default. The customer is obligated to disclose any change of address during the existing, unfulfilled contractual relationship. He shall bear all costs arising from violation of this obligation himself.

13. right of transfer:

Physiotherm shall be 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 that time. The right to transfer shall not exist in the context of consumer transactions.

14. cancellation policy:

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 of business premises or distance contracts, which Physiotherm informs about below in accordance with the statutory provisions. A contractual right of revocation is expressly not established by this declaration.

§ 1 Right of withdrawal

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

(2) The revocation period begins from 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(name, address and, if available, insert telephone number, fax number and e-mail address!) by means of a clear declaration (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, which is not mandatory.

(4) To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

§ 2 Consequences of revocation

(1) If you revoke this contract, we shall repay to you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of 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; in no case will you be charged for this repayment.

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

(3) You shall return or hand over the goods to us without undue delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.

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

(5) You shall only be liable for any loss in value of the goods if such loss in value is due to the handling of the goods which is not necessary for the inspection of the quality, characteristics and functioning of the goods.

§ 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 was removed after delivery.

Sample cancellation form (according to the legal regulation)

(If you want to cancel the contract, please fill out and return this form).

Insert name, address and, if applicable, fax number and e-mail address of the contract 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 consumer(s):
  • Address of the consumer(s):

Signature (only required for paper revocation)

(*) Delete as applicable