1. Scope

1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between [Your Company] (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) concerning the sale of goods and services in the field of HBOT.

1.2 Customers within the meaning of these GTC may be both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (§ 13 German Civil Code – BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).

2. Conclusion of Contract

2.1 The presentation of goods and services on the Seller’s website does not constitute a legally binding offer, but rather an invitation for the Customer to place an order.

2.2 The Customer may submit an offer using the Seller’s online order form. After entering their personal data and clicking the “Submit Order” button in the final step of the ordering process, the Customer submits a legally binding contractual offer with respect to the goods and/or services contained in the shopping cart.

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 placed the order.

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 result that the Customer is no longer bound by their declaration of intent.

3. Prices and Payment Terms

3.1 The prices stated by the Seller are final prices and include statutory value-added tax. Any additional delivery and shipping costs shall be stated separately in the respective product description.

3.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These may include, for example, costs for transferring funds through financial institutions, such as transfer fees or exchange-rate fees, as well as import duties or taxes, such as customs duties.

3.3 The Customer has access to various payment methods, which are specified in the Seller’s online shop.

3.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

3.5 For stationary HBO chambers, such as H85, H130, X240 and others, a deposit according to the respective offer is generally required. The X240 HBO chamber is manufactured exclusively to the Customer’s order.

4. Delivery and Shipping Conditions

4.1 Goods shall be delivered by shipment to the delivery address specified by the Customer, unless otherwise agreed.

4.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment.

4.3 Collection by the Customer is only possible by prior arrangement.

4.4 For all stationary HBO systems, such as H85, H130, X240 and others, the place of performance is:
Köhlerweg 3, 57250 Netphen, Germany.

4.5 Delivery and installation of stationary HBO systems are carried out exclusively by external transport companies that provide such services. Before placing an order, the Customer is required to have the suitability of the premises for delivery and installation of the desired HBO chamber assessed. The Customer may request the contact details of such a transport company from the Seller. Such transport companies may offer an on-site inspection for a flat fee to assess the suitability of the premises, including staircases, elevators, doors and similar access conditions.

4.5 Digital content shall be provided to the Customer exclusively in electronic form as follows:

• by download

• by e-mail

5. Retention of Title

5.1 In relation to consumers, the Seller retains ownership of delivered goods until the purchase price owed has been paid in full.

5.2 In relation to entrepreneurs, the Seller retains ownership of delivered goods until all claims arising from an ongoing business relationship have been settled in full.

5.3 The Customer is obliged to handle the goods with due care.

6. Liability for Defects (Warranty)

6.1 If the purchased item is defective, the statutory provisions regarding liability for defects shall apply.

6.2 Notwithstanding the above, for used goods the limitation period for claims relating to defects shall be one year from delivery of the goods to the Customer.

6.3 For entrepreneurs, the limitation period for claims relating to defects shall be one year from the transfer of risk; the statutory limitation periods for recourse claims pursuant to § 445b BGB remain unaffected.

6.4 Only statements made by the Seller and product descriptions issued by the manufacturer that form part of the individual contract shall constitute an agreement regarding the characteristics of the goods. The Seller assumes no liability for public statements made by the manufacturer or other advertising statements.

6.5 The Customer does not receive any guarantees from the Seller in the legal sense unless expressly agreed otherwise.

7. Liability

7.1 In all cases of contractual and non-contractual liability, the Seller shall be liable to the Customer for damages or reimbursement of wasted expenditure in accordance with statutory provisions in cases of intent and gross negligence.

7.2 In all other cases, unless otherwise provided in these GTC, the Seller shall be liable only in the event of a breach of a contractual obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely (a so-called cardinal obligation). In such cases, liability shall be limited to foreseeable and typical damages.

7.3 The limitations of liability do not apply in the event of injury to life, body or health or to claims under the German Product Liability Act.

7.4 Where liability is excluded or limited, this shall also apply to the personal liability of the Seller’s employees, representatives and agents.

8. Right of Withdrawal

8.1 Consumers generally have a statutory right of withdrawal.

8.2 Further information regarding the right of withdrawal is provided in the Seller’s withdrawal policy.

8.3 The right of withdrawal does not apply to contracts for the delivery of sealed goods if the seal has been removed after delivery.

8.4 The right of withdrawal also does not apply to contracts for the delivery of goods if, due to their nature, they have been inseparably mixed or combined with other goods after delivery.

9. Withdrawal Policy

9.1 The Customer is informed that they have the right to withdraw from the contract within 14 days without giving any reason.

This period begins when the Customer receives the goods or, in the case of custom-made products and/or service contracts, on the date the contract is concluded.

9.2 Withdrawal must be declared in writing by e-mail or letter.

9.3 In the event of withdrawal, the Customer shall bear the costs incurred in full. This includes return shipping costs and compensation for services already performed. This applies in particular to custom-made products.

10. Data Protection

10.1 The Seller processes the Customer’s personal data for specific purposes and in accordance with applicable statutory provisions.

10.2 Personal data provided for the purpose of ordering goods, such as name, e-mail address, postal address and payment details, shall be used by the Seller for the fulfilment and processing of the contract. Such data shall be treated confidentially and shall not be disclosed to third parties who are not involved in the ordering, delivery or payment process.

10.3 Upon request, the Customer has the right to receive information free of charge regarding personal data stored by the Seller concerning the Customer. In addition, the Customer has the right to correction of inaccurate data and, where legally permissible, to restriction or deletion of personal data, provided that no statutory retention obligation prevents this.

11. Applicable Law

11.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

11.2 In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12. Place of Jurisdiction

12.1 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Siegen, Germany.

12.2 The same shall apply if the Customer has no general place of jurisdiction in Germany or another EU Member State, or if their place of residence or habitual residence is unknown at the time legal proceedings are initiated.

12. Final Provisions

12.1 Amendments or additions to this contract must be made in writing in order to be effective.

12.2 If individual provisions of this contract are or become invalid, the validity of the remaining provisions shall remain unaffected.

Last updated: June 3, 2024

X4 Innovation GmbH
Alfred-Herrhausen-Allee 3-5

65760 Eschborn / Ts.

contact@x4innovation.com