1. Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts between X4 Innovation AG, Ruessenstrasse 12, 6340 Baar, Switzerland (hereinafter the "Seller") and the customer (hereinafter the "Customer") for the sale of goods and the provision of services in the field of wellness pressure chambers, including rental and training. Clause 17 applies to service contracts and service level agreements (SLAs).
1.2 The Customer's sole contracting party is the Seller. The Seller may engage third parties (in particular manufacturers, subcontractors, carriers and service partners) as auxiliary persons to perform its obligations. They do not thereby become parties to the contract with the Customer.
1.3 For rental agreements (clause 15) and training (clause 16), too, the Seller is the Customer's sole contracting party. Service contracts and SLAs are concluded by the Customer directly with X4 Oxygen GmbH (clause 17.2).
1.4 Customers within the meaning of these GTC are both consumers and entrepreneurs.
A consumer is any natural person who concludes a contract for purposes that are predominantly outside their trade, business or self-employed profession (consumer within the meaning of Swiss law or within the meaning of the law mandatorily applicable at the Customer's habitual residence).
An entrepreneur is any natural or legal person or partnership that, when concluding the contract, acts in the exercise of its trade, business or self-employed profession.
Certain provisions apply only to entrepreneurs; they are marked accordingly (in particular clause 7).
1.5 Intended purpose: The devices distributed by the Seller (pressure chambers, supply units and accessories) are exclusively wellness and leisure devices without any medical intended purpose. They are not medical devices within the meaning of Regulation (EU) 2017/745 on medical devices (MDR) or the Swiss Medical Devices Ordinance (MedDO/MepV) and are not intended for the diagnosis, prevention, monitoring, treatment or alleviation of diseases or injuries. CE marking is carried out under the Machinery Directive 2006/42/EC or the Machinery Regulation (EU) 2023/1230, the Low Voltage Directive 2014/35/EU and the EMC Directive 2014/30/EU, not under medical device law. The Seller makes no healing or health promises; information on use and observations relates exclusively to wellness and leisure use. Any medical or therapeutic use of the devices by the Customer is solely at the Customer's own responsibility, including obtaining any approvals and permits that may be required. To the extent permitted by law, the Customer shall indemnify the Seller against third-party claims in this respect and shall not advertise the devices with medical claims. In case of health-related questions, a physician should be consulted.
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 an invitation to the Customer to submit a binding offer.
2.2 The Customer may submit its offer in writing, by e-mail, by countersigning an offer of the Seller or – where available – via an online order form. When ordering via an online order form, the Customer submits a legally binding offer for the selected goods and/or services by entering its data and clicking the "order with obligation to pay" button in the final step of the ordering process.
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), receipt by the Customer being decisive, or
delivering the ordered goods to the Customer, receipt by the Customer being decisive, or
requesting payment from the Customer after the order.
If the Seller does not accept the Customer's offer within this period, the offer is deemed rejected and the Customer is no longer bound by its declaration.
3. Prices and Payment Terms
3.1 The prices stated by the Seller are final prices and include statutory VAT, unless expressly designated as net prices vis-à-vis entrepreneurs. Any additional delivery and shipping costs are stated separately in the respective product description or offer.
3.2 For deliveries to countries outside the European Union (including Switzerland), additional costs may arise in individual cases (e.g. transfer fees, exchange fees, import duties or import taxes) which are not the responsibility of the Seller and shall be borne by the Customer.
3.3 The payment methods stated in the offer or on the Seller's website are available to the Customer.
3.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
3.5 For stationary pressure chambers (H75, H85, H130, H200 and X250) and any special equipment, a deposit of 50 % of the agreed purchase price is due upon conclusion of the contract, unless expressly agreed otherwise in the offer. The balance is due before shipment. Manufacturing or scheduling begins only after receipt of the deposit. The X250 pressure chamber is always built to order to the Customer's individual specifications (for the right of withdrawal, see clause 9.5). In the event of an effective withdrawal by a consumer, any deposit paid will be refunded in full. Clause 7.7 applies to entrepreneurs.
4. Delivery and Shipping Conditions
4.1 Goods are delivered by shipment to the delivery address specified by the Customer, unless otherwise agreed.
4.2 If delivery attempts by the carrier fail and the goods are returned to the Seller, the Customer shall bear the costs of the unsuccessful shipment, provided the Customer is responsible for the failure.
4.3 Self-collection is only possible by prior arrangement.
4.4 Delivery is generally made from the production or shipping site in Germany by the Seller or by third parties engaged by it (manufacturers, carriers). Vis-à-vis entrepreneurs, the place of performance for the handover of stationary pressure chambers is the shipping location designated by the Seller (currently Köhlerweg 3, 57250 Netphen, Germany), unless otherwise agreed; the risk passes to the entrepreneur upon handover to the carrier or upon provision for collection. Vis-à-vis consumers, the risk passes only when the goods have been handed over to the consumer or a recipient designated by them.
4.5 Transport and installation of stationary pressure chambers are carried out by the Seller or by third parties engaged by it. Before ordering, the Customer is obliged to check the suitability of its premises for delivery and installation of the desired pressure chamber. The Customer may request from the Seller the contact details of a suitable transport company, which offers an on-site inspection for a flat fee to check the suitability of the premises (including stairs, lifts, doors etc.).
4.6 Digital content is provided to the Customer exclusively in electronic form:
by download
by e-mail
5. Retention of Title
5.1 For consumers: The Seller retains title to the delivered goods until full payment of the purchase price.
5.2 For entrepreneurs: The Seller retains title to the delivered goods until full settlement of all claims arising from the ongoing business relationship.
5.3 The Seller may have the retention of title entered in a public register, in particular in the register of retention of title at the Customer's domicile or registered office (Art. 715 Swiss Civil Code). The Customer shall cooperate in the registration.
5.4 The Customer shall handle the goods with care.
6. Liability for Defects (Warranty) and Spare Parts Availability
6.1 The statutory warranty provisions apply to defects in the purchased goods. Clause 7 takes precedence vis-à-vis entrepreneurs.
6.2 For used goods, the limitation period for defect claims is one year from delivery to the Customer.
6.3 For entrepreneurs, the limitation period for defect claims is one year from the transfer of risk; clause 6.7 applies to new pressure chambers. In case of wilful deception by the Seller, the statutory limitation period applies (Art. 210 para. 6 Swiss Code of Obligations, "CO").
6.4 Only the Seller's product descriptions and specifications forming part of the individual contract constitute the agreed quality of the goods. Vis-à-vis entrepreneurs, the Seller assumes no liability for public statements of third parties or advertising statements unless they have become part of the contract.
6.5 The Customer's rights in respect of defects (warranty) are governed by this clause 6 and, vis-à-vis entrepreneurs, by clause 7. The Seller assumes a guarantee in the legal sense only insofar as it is separately and expressly designated as a guarantee in text form; the extension of the warranty period (clause 6.7) and the spare parts availability (clause 6.10) are not guarantees. Mandatory statutory consumer rights remain unaffected.
6.6 Entrepreneurs must notify obvious defects within seven working days of delivery and hidden defects within seven working days of their discovery in text form. If timely notice is not given, the goods are deemed accepted, unless the defect was intentionally concealed (Art. 201 and 203 CO). For consumers, the statutory provisions apply.
6.7 Warranty for defects in function (3 years): For new pressure chambers, the Seller extends the limitation period for defect claims (Art. 210 CO) to 3 years from delivery for consumers and entrepreneurs. The warranty covers defects in material and workmanship that impair the function of the pressure chamber in the case of intended wellness use. Defective parts are replaced or repaired free of charge in accordance with clause 6.9. The extension is a contractual extension of the statutory warranty; it is neither a guarantee nor an agreement on quality.
The Seller and the Customer's sole contracting party under the purchase contract is X4 Innovation AG. X4 Oxygen GmbH is not the Seller and not a party to the purchase contract; it is engaged by the Seller as its agent for the manufacture of the goods on a made-to-order basis, for delivery and for the technical handling of warranty claims (e.g. inspection, repair, shipping of spare parts). Claims under the purchase contract and under the warranty lie exclusively against the Seller.
The warranty does not include free on-site service. Labour at the location of the pressure chamber as well as travel costs and expenses are not included. The Seller does not provide on-site service; it can only be agreed under a separate service or maintenance contract concluded by the Customer directly with X4 Oxygen GmbH (Germany) (clause 17). That contract does not form part of the purchase contract.
Mandatory statutory consumer rights remain unaffected. This applies in particular where mandatory applicable law grants consumers a right to a free-of-charge remedy at the place where the goods are located, including the necessary labour, transport and travel costs.
6.8 Wear parts, seals, filters and consumables are excluded from the extension under clause 6.7; the periods under clauses 6.1 to 6.3 apply to them. The warranty does not extend to damage caused by incorrect installation, overpressure outside the specification, lack of maintenance, accident, force majeure or repairs by unauthorised persons. The installation of replacement or exchange parts supplied by the Seller, in accordance with its instructions, by the Customer or by a qualified company engaged by the Customer is not deemed a repair by an unauthorised person.
6.9 Defects must be notified in text form to contact@x4innovation.com within the warranty period; for entrepreneurs, clause 6.6 also applies. The Seller shall, at its option, carry out repair or replacement: it delivers the replacement or exchange part to the Customer at its own expense or repairs the defective part free of charge. It may engage third parties (e.g. X4 Oxygen GmbH or service partners) for the technical handling (inspection, repair, spare parts). Vis-à-vis entrepreneurs, clause 7.4 applies in all other respects. Statutory rights, in particular mandatory consumer rights, remain unaffected.
6.10 Spare parts availability: Spare parts for a delivered model will be kept in stock or procured for ten years from delivery to the first customer of that device, insofar as this is economically and technically reasonable. This is a stocking commitment; it is not an assurance of uninterrupted availability in the event of force majeure or loss of a supplier. Outside the warranty (clauses 6.7 to 6.9), there is no claim to free spare parts; spare parts and wear parts are charged at the prices applicable at the time.
7. Binding Nature of the Contract, Made-to-Order Manufacturing and Exclusion of Rescission (applies to entrepreneurs only)
7.1 This clause 7 applies exclusively to contracts with entrepreneurs within the meaning of clause 1.4 for the delivery or manufacture of pressure chambers, accessories and special equipment. It does not apply to consumers; their statutory right of withdrawal (clauses 9 and 10) and their statutory warranty rights remain unaffected. For rental (clause 15), training (clause 16) and service/SLA (clause 17), the provisions there take precedence.
7.2 The contract is binding on both parties upon its conclusion pursuant to clause 2.3, at the latest upon receipt of the deposit or advance payment (clauses 3.4 and 3.5). The ordered systems are not kept in stock but are scheduled for the Customer after conclusion of the contract and manufactured to order by the Seller or the manufacturers engaged by it; they cannot be used otherwise, or only at a considerable loss. Cancellation, termination or modification of the order by the Customer is only possible with the Seller's prior written consent.
7.3 To the extent permitted by law and subject to clauses 7.4 sentence 4, 7.6 and 7.8, the Customer's right to rescind, withdraw from, terminate or cancel the contract or to demand its unwinding is excluded. Excluded are in particular
a) the right, in the event of the Seller's default, to waive performance and rescind the contract or claim damages for non-performance (Art. 107 para. 2, Art. 108 and Art. 109 CO); the Customer retains the claim to performance (delivery) and the compensation for delay under clause 7.5;
b) for contracts for the manufacture of a work (contract for work or for work and materials), the customer's right of rescission under Art. 377 CO and the right of rescission for defects under Art. 368 CO;
c) rescission of the sale (redhibition) under Art. 205 and Art. 208 CO.
The Seller remains obliged to deliver and the Customer to accept and pay.
7.4 In the event of defects, the Seller shall – in derogation from clause 6.1 and Art. 205–207 CO or Art. 368 CO – at its option carry out repair or replacement. If repair or replacement fails twice for the same defect, or if the Seller finally refuses it or does not carry it out within a reasonable period, the Customer may demand an appropriate price reduction. Subject to the following sentence, there is no right to rescission. If, as a result of the defect, the goods remain permanently unfit for the contractually intended use even after the second failure, clause 7.6 applies accordingly. Clauses 6.3 and 6.7 (limitation), 6.6 (notice of defects) and 6.8 and 6.9 (scope and handling of the warranty) remain unaffected; damages are governed by clause 8.
7.5 If the Seller is in default of delivery, the Customer may, after expiry of a reasonable grace period of at least four weeks set in writing, claim flat-rate compensation for delay of 0.5 % of the net price of the delayed delivery item for each completed week of further delay, but in total no more than 5 % of that net price. Subject to clause 7.8, the flat rate is the exclusive compensation for damage caused by delay. Delivery periods are extended appropriately in the event of force majeure and of delays attributable to the Customer's lack of cooperation (in particular an outstanding deposit, missing specifications or unsuitable premises under clause 4.5).
7.6 The Customer may exceptionally rescind the contract by written declaration if there is a final non-delivery by the Seller. A final non-delivery exists if (a) the Seller declares in writing that it will not deliver, or (b) delivery has not been made more than six months after the agreed delivery date and a subsequent grace period of four weeks set in writing also expires without success, or (c) bankruptcy proceedings are opened against the Seller or a debt-restructuring moratorium is granted to it. In this case, the Seller shall refund deposits and advance payments within 30 days of receipt of the declaration of rescission; compensation for delay already due under clause 7.5 remains owed.
7.7 Deposits and advance payments made are non-refundable, except in the case of final non-delivery by the Seller (clause 7.6, also in conjunction with clause 7.4). If the Customer wrongfully refuses acceptance or payment or wrongfully withdraws from the contract, the Seller may, at its option, insist on performance or proceed under Art. 107 et seq. CO; in the latter case, the Seller retains the deposit paid as flat-rate minimum compensation, without prejudice to proof of higher damage.
7.8 The following remain unaffected: (a) the Seller's liability and the Customer's rights in the event of intent or gross negligence of the Seller, insofar as an exclusion is inadmissible under Art. 100 CO; (b) the Customer's rights in the case of fraudulently concealed defects (Art. 199 CO); (c) reliance on defects in consent, in particular fundamental error, wilful deception and duress (Art. 23–31 CO); (d) liability for personal injury and under the Product Liability Act (clause 8.3); (e) commitments expressly designated as a guarantee (clause 6.5); and (f) other mandatory statutory provisions.
7.9 Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), together with the place of jurisdiction pursuant to clauses 12 and 13.
8. Liability
8.1 The Seller is liable to the Customer for intent and gross negligence in accordance with the statutory provisions.
8.2 In the case of slight negligence, the Seller is liable only for the breach of essential contractual obligations, i.e. obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the Customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.
8.3 The above limitations of liability do not apply to damage resulting from injury to life, body or health or to claims under the Swiss Product Liability Act (PrHG) or other mandatorily applicable product liability law.
8.4 Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of its officers, employees, representatives and auxiliary persons (Art. 101 CO), including the manufacturers and subcontractors engaged by it.
9. Right of Withdrawal
9.1 Consumers whose habitual residence is in a Member State of the European Union or the European Economic Area (EEA) have a statutory right of withdrawal of 14 days in accordance with clause 10 and the Seller's withdrawal policy. Clause 7 does not apply to consumers.
9.2 Entrepreneurs have no right of withdrawal. Consumers whose habitual residence is in Switzerland also have no right of withdrawal, as Swiss law does not provide one for distance contracts. Mandatory statutory withdrawal rights, for example for contracts concluded away from business premises (Art. 40a et seq. of the Swiss Code of Obligations), remain reserved.
9.3 The right of withdrawal expires for contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
9.4 The right of withdrawal also does not apply to contracts for goods which, after delivery, are inseparably mixed or combined with other items due to their nature.
9.5 The right of withdrawal does not apply to contracts for the supply of goods made to the consumer's specifications or clearly personalised. This applies to the X250 pressure chamber, which is always built to order to the customer's individual specifications. For all other models (H75, H85, H130, H200, S80, S90, SX180, SW100) and for special equipment, the right of withdrawal is excluded only if the goods are demonstrably built to the consumer's individual configuration. In both cases, the exclusion applies only if the consumer was expressly informed of it before ordering and confirmed this when ordering.
10. Withdrawal Policy
10.1 Consumers within the meaning of clause 9.1 have the right to withdraw from the contract within 14 days without giving any reason, unless this right is excluded under clauses 9.3 to 9.5. For purchase contracts, the period begins on the day on which the consumer or a third party designated by them, other than the carrier, has taken possession of the goods; for service contracts, on the day the contract is concluded.
10.2 To exercise the right of withdrawal, an unequivocal statement (e.g. a letter sent by post or an e-mail) to X4 Innovation AG, Ruessenstrasse 12, 6340 Baar, Switzerland, e-mail: contact@x4innovation.com, is sufficient. The model withdrawal form may be used but is not mandatory. Timely dispatch of the notice of withdrawal is sufficient to meet the deadline.
10.3 The details, in particular the consequences of withdrawal, are set out in the withdrawal policy with model withdrawal form (page "Withdrawal Policy"). Accordingly, the Seller refunds all payments received, including the costs of standard delivery, within 14 days at the latest. Returns are to be sent to the Seller's return address: X4 Innovation AG, Returns Warehouse, Köhlerweg 3, 57250 Netphen, Germany. The consumer bears the direct costs of return; due to their size and weight, these are estimated at a maximum of approx. EUR 500 for pressure chambers. The consumer is only liable for any loss in value if this is due to handling of the goods that was not necessary to examine their nature, characteristics and functioning.
11. Data Protection
11.1 The Seller processes the Customer's personal data for specific purposes and in accordance with the statutory provisions, in particular the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).
11.2 Personal data provided for the purpose of ordering goods or services (e.g. name, e-mail address, address, payment data) are used by the Seller to perform and process the contract. Insofar as the Seller engages third parties for manufacture, delivery, service or payment processing, they receive the data required for this purpose. The data are kept confidential and are not passed on to third parties not involved in the ordering, delivery, service or payment process. Further information can be found in the privacy policy.
11.3 The Customer has the right to request information free of charge about the personal data stored by the Seller. The Customer also has the right to have incorrect data corrected and to have their personal data blocked or deleted, unless there is a statutory retention obligation.
12. Applicable Law
12.1 All contracts between the Seller and the Customer, including rental and training, are governed exclusively by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2 For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
13. Place of Jurisdiction
13.1 The exclusive place of jurisdiction for all disputes arising from or in connection with contracts between the Seller and entrepreneurs is Baar (ZG), Switzerland.
13.2 Vis-à-vis consumers, the statutory places of jurisdiction apply; mandatory consumer rights at the Customer's domicile or habitual residence remain unaffected.
14. Final Provisions
14.1 Amendments or supplements to this contract must be made in writing to be valid.
14.2 Should individual provisions of this contract be or become invalid, the validity of the remaining provisions remains unaffected.
14.3 These GTC are available in German, English, French and Spanish. The German version is authoritative.
Special Provisions
15. Rental
15.1 A rental agreement with the Seller is only concluded by a separate rental agreement or an order confirmation stating the rental item, rental period, rental fee and deposit.
15.2 The lessee shall handle the system with care, use it only as intended as a wellness system and allow interventions only by the Seller or a service partner engaged by it.
15.3 The minimum rental period is set out in the rental agreement. If nothing is agreed there, it is three months and is thereafter extended by one month at a time unless terminated with 30 days' notice to the end of a month.
15.4 Unless otherwise agreed, the rental fee is payable monthly in advance.
15.5 At the end of the rental period, the lessee shall return the system complete, cleaned and in a condition corresponding to contractual use. The costs of dismantling and return transport are borne by the lessee unless otherwise agreed.
15.6 For consumers, the mandatory provisions on the right of withdrawal for distance contracts and off-premises contracts apply.
16. Training
16.1 Training is provided by the Seller on the agreed date on site or online. The date is binding once confirmed in text form.
16.2 Rebooking or cancellation by the Customer is free of charge up to 14 days before the date. After that, a cancellation fee of 50 % and, from 48 hours before the start, 100 % of the training price may be charged if the place cannot be allocated otherwise. Vis-à-vis consumers, the cancellation fee is limited to the proven damage; it does not apply if the Seller is responsible for the cancellation or the consumer exercises their statutory right of withdrawal.
17. Service and Service Level Agreements (SLA)
17.1 Maintenance, repair and other services are only owed if a service contract, a service level agreement (SLA) or an individual order has been concluded in text form.
17.2 Service contracts and SLAs, in particular for maintenance, repair and other services on site at the Customer's premises, are not concluded with the Seller but directly between the Customer and X4 Oxygen GmbH (Germany). The Seller is not a party to these contracts and does not provide on-site service; these contracts do not form part of the purchase contract. X4 Oxygen GmbH may engage third parties (e.g. service partners) to provide the services. The services are provided at the service location of X4 Oxygen GmbH or its service partner or on site at the Customer's premises.
17.3 Term, response times, included services, fees and termination are governed by the respective service contract or SLA concluded with X4 Oxygen GmbH. Travel, labour and spare parts are only included if the service contract or SLA expressly provides for this. The Customer's warranty rights against the Seller (clause 6), in particular to free spare parts under clause 6.9, remain unaffected.
17.4 Service contracts and SLAs with X4 Oxygen GmbH are governed by its contractual terms, including the provisions on applicable law and place of jurisdiction; clauses 12 and 13 do not apply to them.
Last updated: 20.10.2026
X4 Innovation AG · Ruessenstrasse 12 · CH-6340 Baar · contact@x4innovation.com
