Terms of service

Terms and Conditions

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution

1) Scope of Application

1.1
These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of German Health Technology GmbH (hereinafter referred to as the “Seller”) shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2
A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

1.3
An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1
The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2
The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by e-mail, via the online contact form, or by telephone.

2.3
The Seller may accept the Customer’s offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer shall be decisive, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive, or
by requesting payment from the Customer after the Customer has submitted the order.

If several of the aforementioned alternatives occur, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends upon expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4
If a payment method offered by PayPal is selected, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22‑24 Boulevard Royal, L‑2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal User Agreement, available at
https://www.paypal.com/de/legalhub/paypal/useragreement-full
or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at
https://www.paypal.com/de/legalhub/paypal/privacywax-full.

If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby already declares acceptance of the Customer’s offer at the time when the Customer clicks the button that concludes the ordering process.

2.5
When submitting an offer via the Seller’s online order form, the contract text shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent the order. The Seller shall not make the contract text accessible beyond this. If the Customer has created a user account in the Seller’s online shop prior to submitting the order, the order data shall be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.6
Prior to the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7
Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8
Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1
Consumers are generally entitled to a right of withdrawal.

3.2
Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1
Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs incurred are stated separately in the respective product description.

4.2
For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred with regard to the transfer of funds if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3
The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4
If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5
If a payment method offered via the payment service “Shopify Payments” is selected, payment processing shall be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For payment processing, Stripe may use additional payment services, for which special payment terms may apply, to which the Customer may be separately informed. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1
If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive for transaction processing.

5.2
If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipping to the Customer if the Customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the Customer, the provisions in the Seller’s withdrawal policy shall apply to return shipping costs.

5.3
If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass to the Customer only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer even in the case of consumers as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4
The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall apply only if the non-delivery is not the Seller’s responsibility and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or partial availability of the goods, the Customer shall be informed immediately and the consideration shall be refunded immediately.

5.5
Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performance, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

7.1
If the Customer acts as an entrepreneur,

the Seller shall have the choice of the type of subsequent performance;
the limitation period for defect claims for new goods shall be one year from delivery of the goods;
defect claims shall be excluded for used goods;
the limitation period shall not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2
The liability limitations and reductions of limitation periods regulated above shall not apply

to claims for damages and reimbursement of expenses by the Customer,
in the event that the Seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
for any obligation of the Seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3
Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4
If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5
If the Customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller thereof. Failure by the Customer to do so shall have no effect on their statutory or contractual defect claims.

8) Liability

The Seller shall be liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tortious claims, as follows:

8.1
The Seller shall be liable without limitation on any legal grounds

in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
on the basis of a guarantee promise, unless otherwise regulated in this respect,
due to mandatory liability, such as under the Product Liability Act.

8.2
If the Seller negligently breaches a material contractual obligation, liability shall be limited to the damage foreseeable and typical for the contract, unless unlimited liability applies pursuant to the above provision. Material contractual obligations are obligations which the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3
Any further liability of the Seller shall be excluded.

8.4
The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer’s registered office.

11) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Status: 24.03.2026, 11:51:40