Between axion GmbH - hereinafter referred to as the “provider” - and the customer specified in § 2 of the contract - hereinafter referred to as the “customer”.
§ 1 Scope, Definitions
1. For all orders via the online shop www.axiothera.shop/en/, the axion GmbH; Mollenbachstrasse 13; 71229 Leonberg; hereinafter, for the “provider” and the customer, the following terms and conditions apply exclusively in the version valid at the time of the order. Deviating customer conditions are not recognised, unless the provider expressly agrees to their validity in writing.
2. Customers can entrepreneurs. An entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of their commercial or independent professional activity.
§ 2 Conclusion of contract
1. The provider’s offer of goods represents a non-binding purchase offer.
2. The customer can select goods from the provider’s product line and click to add these “to the shopping cart” in the shopping cart system without any obligation. The shopping cart can be accessed by clicking on the shopping cart symbol on every page of the online shop. The products placed in the shopping cart can be viewed, have their numbers altered, or be deleted altogether.
3. By clicking on the “To checkout” button, the customer can enter their personal data, provided they have not yet registered. Here, they have the opportunity to create a customer account, but this is not obligatory. If the customer already has a customer account, they can view their personal data after login and change it if necessary. Via the “straight to PayPal” button, the customer can hand over the address data stored by PayPal to our shop. After completion of the process, the customer will be forwarded to the online shop on the “Check and order” page. The payment process is only authorised by pressing the “Buy” button.
4. By clicking the “Next” button, the customer reaches the point of choosing the payment and shipping method. By clicking the “Next” button again, the customer reaches the "Check and order" page. Here, they can check or change all information once again or cancel the purchase.
6. The provider accepts the customer’s purchase offer by sending an automatic order confirmation by email. A binding contract can already be concluded in advance, namely if the customer has selected the credit card payment option at the time of the credit card charge; or if the customer has chosen the PayPal or Sofort transfer payment method, at the time of the payment order.
7. If PayPal or Sofort transfer is used, the customer will be redirected to the page of the third-party provider after clicking the “BUY” button, where they can authorise the payment process. For the credit card payment method, the credit card data entered in the “Payment methods” window is forwarded to the service provider through confirmation by clicking the “BUY” button. With the cash-on-delivery payment method, the customer must pay for the goods upon receipt. With the advance payment method, the customer receives a payment request via email.
§ 3 Contract text storage, contract language
The contract text is stored by the provider. The provider will send the customer the terms and conditions, the cancellation policy and the order data by email. Contract language is German. The terms and conditions valid at the time of the order will not be made available to the customer after the order. The customer can see the data of the order in the login area, if they have made the order as a registered customer.
§ 4 Delivery, availability of goods, transfer of risk
1. Delivery takes place within all countries of the European Union, as well as Switzerland. The delivery time is 1-3 working days. The customer can refer to the corresponding product page for any non-standard delivery times.
2. If an ordered item is not deliverable, as the provider was not supplied by their supplier through no fault of their own, despite their contractual obligation, they are entitled to withdraw from the contract. In this case, the customer will be informed immediately and any services already rendered will be reimbursed immediately.
3. The risk of accidental loss and accidental deterioration of the items is, by law, only passed on to the customer upon delivery of the goods to the customer, as far as this individual is the consumer. This shall not apply only if the customer has named a transport company, or any other person intended to carry out the shipment, that has not been named by the provider transport company. With such deviations, the delivery proceeds at the risk of the customer, provided that the customer is an entrepreneur.
§ 5 Retention of title
1. Until full payment, the delivered goods remain the property of the provider.
2. If the customer is an entrepreneur, the provider retains ownership of the goods until the complete settlement of all claims arising from the current business relationship. A pledge or security transfer is inadmissible before the transfer of ownership.
3. If the customer is an entrepreneur, they can resell the goods in the ordinary course of business; in this case, however, the customer's claims arising from the resale are assigned to the provider in the amount of the invoice amount, already at the time of the conclusion of the contract. The provider accepts this assignment. The entitlement to claim collection remains with the customer. The provider reserves the right to collect them only in the event of improper payment. The provider is obliged to release the securities due to the customer upon request of the customer, insofar as the security’s realisable value exceeds the claim to be secured by more than 10%.
§ 6 Prices and shipping costs
1. All prices, which are indicated on the provider’s website, are inclusive of the individually valid legal VAT and all other price components and in EURO.
2. The resulting shipping costs are not included in the purchase price. These are shown separately. They can be viewed by the customer via the “shipping costs” link available on every page. The shipping costs are shown separately in the order process/on the order summary page. The shipping costs are to be borne by the customer as far as they do not exercise their right of withdrawal.
3. For the cash-on-delivery payment method, an additional fee of EUR 9.90 will apply. Furthermore, an additional fee of 2.00 EUR is due, which the deliverer raises on site.
4. Upon delivery to Switzerland, additional taxes and duties are payable. Further information can be found under the following link.
§ 7 Terms of payment
Unless otherwise agreed, the following conditions apply: The customer can make the payment in advance, through Sofort transfer, credit card, cash-on-delivery, or PayPal. When choosing the advance payment method, the provider adds their bank details in the order confirmation and delivers the goods after receipt of payment. When paying by credit card, the account is debited upon conclusion of the contract. With the PayPal and Sofort transfer payment method, the amount will be deducted upon conclusion of the contract. Cash payments are due when the goods are received.
§ 8 Guarantee against material deficiencies
1. The provider is liable for material defects in accordance with the relevant statutory provisions.
2. Customers who are entrepreneurs have to immediately inspect the goods for quality and quantity deviations. Obvious defects must be reported in writing to the provider within 7 days of receipt of the goods; hidden defects must be reported within 7 days from the date of acquiring this knowledge. The assertion of guarantee claims is excluded in case of violation of the inspection and complaint obligations.
3. In the event of any defects, the provider may undertake repair or replacement delivery to customers who are entrepreneurs. If this fails, the customer may, at their discretion, demand the appropriate reduction of the purchase price or withdraw from the contract. The removal of defects is considered as having failed after two unsuccessful attempts.
§ 9 Guarantee
In addition to the statutory guarantee claims, the provider assumes a guarantee in accordance with the following provisions:
1. The provider assumes a guarantee for therapy tables for all defects arising following the transfer of risk, which are demonstrably due to a material or manufacturing defect, according to the following provisions: 10-year guarantee on frames and supports, 2-year guarantee on electronic components (including engines), 1-year guarantee on gas springs, rollers and cushions. The right to guarantee cannot be assigned.
2. Excluded from the guarantee are:
- Damage arising due to improper use (non-compliance with operating instructions, improper use, abnormal environmental conditions, irrelevant operating conditions, overload or lack of maintenance or care), or commercial use,
- damage to products that were sold as "used goods",
- products which were altered or added to,
- consumables, especially electrodes, electrode gel and similar items.
3. A claim under these guarantee conditions must be asserted within the above guarantee period. For this, the affected product must be returned to the vendor with a copy of the invoice. Upon request, the provider will send the customer a return label and thus assume the costs of the return.
4. Other claims, in particular those arising from guarantees, are not affected by the guarantee conditions specified in this section. Further claims for the removal of defects of the product, other than those contained in this guarantee statement, are not justified by the guarantee.
5. The provision of guarantee services does not create or extend any new guarantee for the product.
§ 10 Liability
1. The customer’s claims for damages are excluded. This does not apply to claims for damages by the customer resulting from injury to life, body, health or material contractual obligations (cardinal duties) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, their legal representatives or vicarious agents, Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
2. In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns a customer’s damage claims for injury to life, body or health.
3. The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
4. The provisions of the Product Liability Act remain unaffected.
§ 11 Application Errors / Risks
Stimulation current devices may only be used in accordance with the operating instructions and safety instructions. Consult a therapist or physician before use to discuss any risks and to assess tolerability.
- For cardiac pacemakers, stimulation current treatment (especially on the chest) must only be carried out under medical supervision.
- No stimulation current applications over the common carotid artery or external carotid artery.
- No electrical stimulation over the larynx.
- No stimulation current treatment over metal implants.
- No stimulation current (TENS or EMS) in epileptics.
- Electrostimulation during pregnancy must only be carried out under medical supervision.
- The electrodes must not be placed over the heart.
- Do not apply the electrodes over open wounds.
- According to current knowledge, TENS therapy is ineffective for psychosomatic pain syndromes.
§ 12 Final Provisions
1. Excluding the UN sales law, the law of the Federal Republic of Germany applies to contracts between the provider and the customer. For consumers, this choice of law applies only insofar as it does not remove the protection afforded by mandatory provisions of the law of the state in which the consumer habitually resides (favourable principle).
2. If the customer is a merchant, a legal entity under public law, or a special asset under public law, the exclusive place of jurisdiction is Stuttgart for all disputes arising from contractual relationships between the customer and the provider.
3. The contract remains binding even in the case of legal invalidity of individual provisions in its remaining parts. The legal regulations, if available, shall apply in place of the ineffective provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.