TERMS AND CONDITIONS

TERMS AND CONDITIONS OF CONTRACTS OF SALE CONCLUDED VIA THE PLATFORM

are concluded between PSR - Professional Sports Recovery GmbH, Große Straße 47, 49401 Damme, Tel.: 0151-70002111 registered in the commercial register of the district court of Oldenburg under HRB No. 213543, represented by Marion Otte and Christin Otte, VAT Identification No.: DE 320798811 - hereinafter referred to as "Provider" - and the customer referred to in § 2 of the contract - hereinafter referred to as "Customer".

§ 1 SCOPE OF APPLICATION, DEFINITIONS OF TERMS

(1) For the business relationship between the web shop provider (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The Customer is a consumer, insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity, who acts in exercising his commercial or independent professional activity when concluding the contract.

§ 2 CONCLUSION OF CONTRACT

(1) The customer can select products, especially compression therapy systems, from the supplier's range of products and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking on the button "order subject to payment", he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "Accept GTC" and thereby included them in his application.

(2) The Provider will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The contract is only concluded when the Provider submits the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, terms and conditions and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection.

(3) The contract is concluded in German language.

§ 3 DELIVERY, AVAILABILITY OF GOODS

(1) Delivery times stated by us are calculated from the time of our order confirmation, provided prior payment of the purchase price (except for purchase on account). If no delivery time or no deviating delivery time is indicated for the respective goods in our online shop, it is 2-3 working days within Germany. for foreign deliveries within 5 - 7 days after conclusion of contract (in case of agreed advance payment after the date of your payment instruction)

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from issuing a declaration of acceptance. In this case a contract does not come off.

(3) If the product designated by the customer in the order is only temporarily unavailable, the Provider shall also inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions exist: The provider only delivers to customers who have their usual residence (billing address) in one of the listed countries (see §5 [2.2]) and can provide a delivery address in the same country.

§ 4 RESERVATION OF TITLE

The delivered goods remain the property of the supplier until full payment has been received.

§ 5 PRICES AND SHIPPING COSTS

(1) All prices, which are indicated on the website of the provider, are understood to be inclusive of the respective valid legal sales tax.

(2) The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.

(2.1) Deliveries within Germany are free of shipping costs.

(2.2) We charge the shipping costs abroad according to weight.

(3) If the delivery is made to countries outside the European Union, further costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

(4) Any costs incurred in the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was arranged outside the European Union.

(5) The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

(6) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.

(7) In the event of a revocation, the customer shall bear the direct costs of the return shipment.

§ 6 TERMS OF PAYMENT

Accepted payment methods:

• Prepayment by bank transfer
• Payment by credit card
• Payment by PayPal
• payment on account
• Immediate payment

§ 7 WARRANTY FOR MATERIAL DEFECTS, GUARANTEE

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). For entrepreneurs, the warranty period for items delivered by the provider is 12 months.

(2) An additional warranty for goods delivered by the vendor is only given if this was expressly stated in the order confirmation for the respective item.

§ 8 LIABILITY

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the Provider's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The regulations of the product liability law remain unaffected.

§ 10 FINAL PROVISIONS

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, especially of the state in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.