General terms and conditions for consumers
§ 1 General, Scope
(1) These general terms and conditions for online sales (“GTC”) apply to the purchase or rental agreement concluded between TVNS Technologies and the buyer for the purchase or rental of a tVNS® therapy device and corresponding spare parts (“products”) via the TVNS Technologies online shop at www.shop.t-vns.com (“online shop”).
(2) The buyer’s contractual partner is
tVNS Technologies GmbH
Register court Fürth – HRB 17082
Managing directors authorized to represent: Prof. Dr. Armin Bolz and Lars-Oliver Bolz
– hereinafter referred to as either “we” or “TVNS Technologies”.
(3) Individual agreements made on a case-by-case basis between TVNS Technologies and the buyer (including side agreements, additions and changes) always take precedence over these GTC. A written contract or our written confirmation is authoritative for the content of such agreements.
(4) Legally relevant declarations and notifications which the buyer has to submit to us after the conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction in price) must be made in writing.
(5) References to the validity of statutory provisions are only used for clarification purposes. Even without such a clarification, the statutory provisions apply, unless they are directly amended or expressly excluded in these GTC.
§ 2 conclusion of contract
(1) Images of the products in our brochures, on our website or in other offer documents are only approximate, unless we have expressly designated the information there as binding.
(2) Before placing the order, the selected product, its total price including taxes and duties, if applicable the type of calculation of the total price, any additional freight, delivery, shipping and other costs as well as any additional services selected will be displayed again in a window displayed for review. The buyer can then recognize any input errors and correct them before submitting his binding order. The contractual provisions including the GTC can be called up again before the contract is concluded and saved in a reproducible form. By clicking the “order for a fee” button, the buyer submits his order and thus a legally binding offer to purchase the selected product, subject to these terms and conditions.
(3) When ordering a tVNS® therapy device, the buyer has to send TVNS Technologies, unless otherwise agreed in individual cases, a letter of recommendation from him or, if the buyer is not identical with the user, a recommendation letter from the doctor treating the user or to hand over, from which it follows that the buyer or the user is suitable for therapy with the NEMOS® therapy device. This is an essential prerequisite for the acceptance of the buyer’s contract offer by TVNS Technologies.
(4) TVNS Technologies will confirm receipt of the order by email (“order receipt confirmation”). However, this confirmation of receipt of order does not yet represent acceptance of the contract offer by TVNS Technologiess. TVNS Technologies remains entitled to reject the buyer’s offer of contract even after the confirmation of receipt of order has been sent.
(5) Unless otherwise stated in the buyer’s order, we are entitled to accept this contract offer within 14 days of our receipt.
(6) Our acceptance can be declared either in writing (e.g. by order confirmation) or by delivering the product to the buyer. With acceptance by TVNS Technologies, a binding purchase contract between TVNS Technologies and the buyer is concluded on the basis of these terms and conditions
§ 3 Delivery Period and Delay in Delivery
(1) The delivery times and dates result from the information in the order process. Delivery times are only binding if the buyer has provided us with all necessary information and documents.
(2) If we are unable to meet the delivery deadlines and dates that have been announced, we will inform the buyer before we accept the order and ask the buyer whether he wants to maintain his order based on the new delivery deadlines and delivery dates. If the customer confirms this, TVNS Technologies can accept the order in accordance with § 2 (6). If we culpably fail to meet a binding delivery date or are in default for any other reason, the buyer can withdraw from the purchase contract after a reasonable additional grace period has expired without success. In particular, this does not apply if the buyer has given TVNS Technologies an incorrect delivery address.
§ 4 delivery
(1) Der Käufer steht dafür ein, dass er TVNS Technologies die zutreffende Lieferadresse angibt. Soweit nicht etwas anderes vereinbart ist, sind wir berechtigt, die Art der Versendung (insbesondere Transportunternehmen, Versandweg, Verpackung) selbst zu bestimmen. Wenn und soweit die vom Käufer angegebene Lieferadresse unzutreffend ist und TVNS Technologies das Produkt nach Rücksendung an eine neue, vom Käufer angegebene Lieferadresse liefert, ist TVNS Technologies berechtigt, vom Käufer eine Aufwandspauschale in Höhe von 25 EUR zu verlangen. Der Käufer ist zum Nachweis berechtigt, ein solcher Aufwand sei nicht entstanden oder wesentlich niedriger als diese Aufwandspauschale. Nach 3 erfolglosen Versuchen seitens TVNS Technologies, das Produkt an eine jeweils vom Käufer angegebene Lieferadresse zu senden, ist TVNS Technologies berechtigt, von dem Kaufvertrag zurückzutreten. Dies gilt nicht, wenn und soweit die Erfolglosigkeit der Zustellungsversuche auf einem Hindernis aus dem Bereich von TVNS Technologies beruht.
(2) The risk of accidental loss and accidental deterioration of the product is transferred to the buyer upon delivery.
§ 5 prices and terms of payment
(1) The total price to be paid by the buyer, including delivery and shipping costs, will be communicated during the ordering process. The prices include the statutory sales tax.
(2) The following payment methods are available to the buyer, which he can specify as part of the ordering process: PayPal, advance payment. The payment is debited immediately after the conclusion of the purchase contract, as is the case when ordering accessories. For rental devices, only payment via PayPal is possible. Payment of the total price is due immediately for all orders. In the case of rental equipment, the one-off payment is due immediately; the monthly payments are collected in the following months. Rental devices remain the property of tVNS Technologies GmbH for the entire rental period. After the tenant has terminated the rental agreement in writing, but no earlier than after 12 months, the tenant undertakes to return the device to tVNS Technologies immediately. The tenant undertakesto pay the monthly fee until terminated.
(2) With the expiry of the agreed payment deadlines and, if necessary, a corresponding reminder, the buyer is in default. During the delay, the purchase price is subject to interest at the applicable statutory default interest rate of 5% above the respective base rate of the European Central Bank (ECB). We reserve the right to actually claim higher damage.
(4) The buyer is only entitled to a right of set-off insofar as his claim has been legally established, is undisputed or has been recognized by us. The buyer may only exercise a right of retention if his counterclaim is based on the same purchase contract.
(5) If, after the conclusion of the purchase contract, it becomes apparent that our claim to the purchase price is endangered by the buyer’s inability to perform, we are entitled to refuse performance in accordance with the statutory provisions and – if necessary after setting a deadline – to withdraw from the purchase contract (Section 321 of the German Civil Code).
§ 6 retention of title
(1) The product remains our property until the purchase price has been paid in full.
(2) If the buyer acts in breach of contract, in particular if the purchase price is not paid, we are entitled to withdraw from the contract in accordance with the statutory provisions and to reclaim the product on the basis of retention of title and withdrawal. If the buyer does not pay the due purchase price, we may only assert these rights if we have previously unsuccessfully set the buyer a reasonable deadline for payment or if such a deadline is dispensable according to the statutory provisions.
§ 7 Guarantee and duty of care and cooperation of the buyer
(1) The statutory provisions apply to the buyer’s rights in the event of material and legal defects in the product, unless otherwise stipulated in these terms and conditions.
(2) The buyer decides alone with his treating doctor whether and in what form the tVNS® therapy device is used for therapy. TVNS Technologies does not make a recommendation in this regard, nor does TVNS Technologies guarantee the success of the therapy.
(3) The tVNS® therapy device is only intended for use with patients whose suitability for therapy using transcutaneous vagus nerve stimulation by the NEMOS® therapy device has been determined by a specialist, even if the buyer does not provide TVNS Technologies with a doctor’s letter of recommendation in individual cases. The tVNS® therapy device may only be passed on to the user and not to third parties. If and to the extent that the purchaser passes the tVNS® therapy device on to a user without the aforementioned specialist medical assessment, the purchaser undertakes in any case to only pass on the tVNS® therapy device with its instructions for use and to advise the user to avoid damage to health or other damage explicitly indicate the warnings and instructions for use contained therein.TVNS Technologies assumes no liability for damage to health or other damage that could have been avoided if the information contained in the instructions for use had been observed. This does not apply if and to the extent that TVNS Technologies is legally liable. The buyer also ensures that the tVNS® therapy device is only used in accordance with the medical prescription and in accordance with the information in the instructions for use, if the tVNS® therapy device is used by a third party in need of protection, for example by their parents for children or by people who are otherwise in need of protection, such as the disabled, should be applied.if and to the extent that TVNS Technologies is legally liable. The buyer also ensures that the tVNS® therapy device is only used in accordance with the medical prescription and in accordance with the information in the instructions for use, if the tVNS® therapy device is used by a third party in need of protection, for example by their parents for children or by people who are otherwise in need of protection, such as the disabled, should be applied.if and to the extent that TVNS Technologies is legally liable. The buyer also ensures that the tVNS® therapy device is only used in accordance with the medical prescription and in accordance with the information in the instructions for use if the tVNS® therapy device is used by a third party in need of protection, for example children by their parents or otherwise vulnerable, such as the disabled, should be applied.should be applied.should be applied.
(4) TVNS Technologies is neither responsible nor does TVNS Technologies guarantee that the buyer or user is suitable for therapy with the tVNS® therapy device. The buyer / user must clarify this with the doctor treating him and submit the corresponding letter of recommendation to TVNS Technologies in accordance with § 2 (2) of these terms and conditions with the order. Even if the purchaser is medically determined to be fundamentally suitable for therapy with the tVNS® therapy device, TVNS Technologies does not guarantee that the intended therapeutic success will be achieved, nor is TVNS Technologies responsible for this. This also applies if the buyer does not provide TVNS Technologies with a doctor’s letter of recommendation in individual cases. A warranty claim by the buyer can therefore not be based onthat the desired therapeutic success has not occurred.
(5) We grant you a two-year guarantee on the tVNS® therapy device. This guarantee is 6 months for the ear electrode. If the device or the electrode no longer works within this time due to material or construction errors, we will remedy this by repairing or sending a new device. In the event of improper handling and interventions by persons not authorized by TVNS Technologies, this guarantee is void.
§ 8 Limitation of Liability
TVNS Technologies’ liability is based on the following provisions:
(1) TVNS Technologies is liable for an unlimited amount of damage caused by it or its legal representatives or vicarious agents with intent or gross negligence.
(2) In the case of slightly negligent breaches of duty, TVNS Technologies is liable for damage resulting from the breach of essential contractual obligations, limited to the amount of damage typically foreseeable in the contract. TVNS Technologies is not liable for the slightly negligent breach of non-essential contractual obligations. This applies accordingly to the liability of the legal representatives or vicarious agents of TVNS Technologies.
(3) The above limitation of liability in accordance with paragraph (2) does not apply in the event of culpable injury to life, limb or health or if TVNS Technologies fraudulently concealed a defect or assumed a guarantee for the quality of the tVNS® therapy device.
(4) Mandatory claims of the buyer under the Medical Devices and Product Liability Act remain unaffected.
§ 9 online dispute resolution
Alternative dispute resolution in accordance with Art. 14 Paragraph 1 ODR-VO and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . We are ready to take part in an out-of-court arbitration process.
§ 10 choice of law
For these terms and conditions and all legal relationships between us and the buyer, the law of the Federal Republic of Germany applies to the exclusion of international sales law, in particular the UN sales law. The place of jurisdiction is Erlangen.
Erlangen, as of October 21, 2018