GTC
General Terms and Conditions of Hyperbarics Europe HE GmbH
Status January 2023
§ 1 Scope of application / Definitions
These General Terms and Conditions (GTC) apply to all deliveries of goods and services by Hyperbarics Europe HE GmbH (hereinafter Hyperbarics Europe). Our GTCs apply to legal entities under public law, entrepreneurs in the exercise of their commercial or independent professional activity and also to customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB). Consumers are natural persons who conclude a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity. Supplementary or conflicting general terms and conditions are not accepted.
§ 2 Contractual partners
The purchase contract or service contract is concluded with Hyperbarics Europe HE GmbH, shareholders: Ruth Tellert-Weigand and Pia-Monika Wnendt, Sperberstr.15, 97422 Schweinfurt, Germany, commercial register: Amtsgericht Schweinfurt, HRB 8875
§ 3 Conclusion of contract
The presentation of products in the online store or on price lists or by email does not constitute a legally binding offer, but only an invitation to order. All offers are subject to change and non-binding.
A contract is only concluded when we have accepted and confirmed your order in text form or have delivered the goods to you.
In the online store, you place a binding order for the goods listed on the order page by clicking on the “Buy/Order at cost” button. Your purchase contract is concluded when we accept your order by means of an order confirmation by e-mail immediately after receiving your order.
§ 4 Right of withdrawal especially for online transactions and distance selling
If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
If you exercise your right of withdrawal as a consumer, you must bear the costs of returning the goods.
In all other respects, the provisions set out in detail in the following withdrawal policy apply to the right of withdrawal
Cancellation policy:
You have the right to withdraw from online or distance contracts within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
If you have ordered several goods in a single order, which are delivered separately, the withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail).
Revocation in writing or in text form to:
Hyperbarics Europe HE GmbH, Sperberstr.15, 97422 Schweinfurt, Germany
or by e-mail to: [email protected]
If you have any questions, please contact us on: 0049 152 5377 4528
If you make use of this option, we will send you a confirmation of receipt of such a revocation without delay (e.g. by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you revoke this contract, you must return or hand over the goods to us immediately and in any case within eight days of the day on which you inform us of the revocation of this contract.
The deadline is met if you send the goods before the expiry of the eight-day period.
You shall bear the costs incurred for returning the goods to the destination specified by us as well as the costs for hygienic processing.
We recommend that you choose a sufficiently insured shipment for your protection.
We will inform you in writing of the destination of the return shipment in Germany.
We will arrange for the refund as soon as the goods have arrived complete and intact at the specified destination.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.
We reserve the right to withhold a deduction from the refund for loss of value for defects, signs of wear and tear or damage caused by improper handling of the goods.
For the hygienic cleaning/preparation of the used goods we charge a discount of € 250.
Please note:
There is no right of withdrawal for goods that have been specially made for you.
There is also no right of withdrawal for hygiene articles that are applied directly to the body.
Booked and completed product training/instructions cannot be refunded. The participation fee for revocation is € 250.
End of the withdrawal policy –
This revocation policy applies from 01.08.2022
§ 5 Prices and shipping costs
The prices stated on the price lists include statutory VAT and other price components.
In addition to the prices quoted, we charge an individual fee for delivery within and outside Germany, depending on the order and size of the goods. You will be informed of the shipping costs in writing in the cost estimate.
§ 6 Delivery
We always endeavor to have all models in stock, but due to the international situation there may be delays in delivery.
Delivery is carried out by an employee of Hyperbarics Europe or by parcel shipment/forwarding agent. If the delivery cannot be made as agreed with the Customer, Hyperbarics Europe shall be entitled to charge for the wasted journey.
As a customer, you can of course also collect the goods from our premises in person.
By signing to the deliverer/issuer, you as the customer confirm receipt of the goods.
Hyperbarics Europe shall insure the goods against damage or loss during the delivery process.
Delivery damage upon arrival of the goods must be reported to us immediately and documented with a photo, or several photos if necessary.
§ 7 Payment
Payment is made in advance either by bank transfer, Paypal or credit card or, in the case of rentals, by SEPA direct debit.
For bank transfers, we will provide you with our bank details in the quotation and arrange for delivery of the paid goods after receipt of payment.
Payment has only been made when we can dispose of the amount.
Special features of the rental: In the event of late payment, Hyperbarics Europe shall be entitled to set a reasonable deadline and to reclaim the goods after the deadline has expired.
§ 8 Retention of title
The goods remain our property until payment has been made in full.
This applies in particular to the receipt of goods through rental. You may not dispose of the reserved goods.
If third parties – in particular bailiffs or insolvency administrators – seize the reserved goods, you are obliged to point out the ownership of the seller, in this case Hyperbarics Europe, and to inform us immediately so that we can enforce our ownership rights. If the third party is not in a position to reimburse us for the costs incurred in this connection, you shall be liable for these costs.
§ Section 9 Copyright and intellectual property rights
Hyperbarics Europe retains all intellectual property rights to all texts published on the website www.hyperbarics-europe.com and social media, as well as all training courses, including training documents and certificates, and the instructions for use and user manuals. All photos and videos published by Hyperbarics Europe as well as the logo are also subject to copyright.
§ 10 Warranty
Hyperbarics Europe grants end users a two-year warranty on the product advertised with the warranty promise. Commercial customers are granted a warranty period of twelve months.
The period for calculating the warranty period begins upon receipt of the goods. You will receive an invoice with the date of product acceptance by the customer as a receipt.
The geographical scope of the guarantee extends within the European Union, Switzerland and Great Britain.
It is the customer’s responsibility to inform us as soon as possible of any defects, faults or damage.
Should material defects or manufacturing faults occur in the goods you have purchased during the warranty period, we will provide you with one of the following services as agreed within the scope of our warranty:
- free repair of the goods or
- Free exchange of the goods for an equivalent item
Please contact us in the event of a warranty claim:
Hyperbarics Europe HE GmbH Sperberstr. 15 97422 Schweinfurt
E-Mail: [email protected] Tel: 0049 152 5377 4528
Warranty claims are excluded in the event of damage to the goods caused by
- normal wear
- improper or abusive handling
- Non-observance of any safety precautions
- Use of force (e.g. blows, sharp objects, animals)
- Repair attempts on your own
- Environmental influences (heat, humidity, etc.)
- Non-compliance with the operating instructions
- Opening the hyperbaric wellness chamber during operation
- In the event of improper installation by an untrained operator/user
The prerequisite for claiming under the warranty is that Hyperbarics Europe is enabled to examine the warranty case by sending the goods to Hyperbarics Europe.
Care must be taken to ensure that damage to the goods during transportation is avoided by using secure packaging.
A copy of the invoice must be enclosed with the warranty claim so that Hyperbarics Europe can check whether the warranty period has been observed. Hyperbarics Europe may reject the warranty without a copy of the invoice.
In the case of justified warranty claims, the warranty processing is always free of charge for you, i.e.
Hyperbarics Europe will reimburse any shipping costs for the return shipment.
§ 11 Exchange/return outside of warranty or revocation
All products supplied by us are excluded from exchange and return outside of the warranty right or revocation.
§ 12 Rental and provision of hyperbaric wellness chambers and accessories
If you rent a hyperbaric wellness chamber or accessories, you will first receive a rental agreement that both parties sign.
As the lessee, you must ensure that the product owned by us is used as intended, properly and with care in accordance with the instructions in the user manual.
In the event of damage to or loss of a rented product, you are obliged to notify us immediately by e-mail.
We will clarify the next steps with you.
We will send you the necessary spare parts for minor repairs.
In the event of major damage, the goods must be returned immediately. You shall bear the costs of shipping if you are responsible for the damage. Otherwise we will bear the costs.
Any major damage to our products must be repaired exclusively by us or a third party commissioned by us.
If the product requires maintenance, this may only be carried out by us or a third party authorized by us.
If the product does not work properly and the customer is not responsible for this, we will bear the costs of shipping and repair. Otherwise the customer shall bear the costs.
Accessories and consumables for the rented product must be obtained exclusively from us. If damage to the product occurs due to non-compliance with this obligation, the customer shall be obliged to have the damage rectified by us and shall bear the costs incurred.
Termination of the tenancy agreement by the tenant must be made in writing by e-mail to [email protected]. Termination of the rental agreement by commercial tenants or Hyperbarics Europe must be in writing in accordance with Section 126 of the German Civil Code (BGB), including signature.
If the rental period has expired or the reasons for the transfer no longer apply, you are obliged to inform us immediately and return the product without delay. The costs for insured shipment or collection by Hyperbarics Europe shall be borne by the Customer. If the collection cannot take place as agreed with the Customer, Hyperbarics Europe shall be entitled to charge for the wasted journey or partial collection.
If the customer does not return the product immediately after termination of the rental relationship or the transfer, he must pay the rent or a comparable rental amount up to the time at which the product was verifiably returned to us. If we suffer damage/loss due to the delayed return, the customer must also compensate us for this damage.
§ 13 Training courses
Hyperbarics Europe instructs customers in the correct and safe handling of hyperbaric wellness chambers.
Technical advice and training provided by Hyperbarics Europe to the Customer shall be prepared and conducted in good faith in accordance with the current state of knowledge and applicable laws.
After the training/instruction, the customer must pass a written examination to prove his knowledge of the proper handling of the hyperbaric wellness chambers.
§ 14 Security
The goods are supplied with up-to-date operating instructions. The user undertakes to read these operating instructions carefully before using the hyperbaric wellness chamber.
The customer is obliged to comply with the safety regulations.
The hyperbaric wellness chambers may only be operated by instructed persons.
Any changes to the products are not permitted.
Products that appear to be defective must not be used.
Hyperbarics Europe must be informed immediately of any defect.
In cases where Hyperbarics Europe concludes that the delivery of goods and services to the Customer and their use by the Customer is too insecure, Hyperbarics Europe may suspend its own contractual obligations to deliver goods and services until the security problem has been remedied by the Customer or terminate the contract.
§ 15 Dispute resolution
The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr/ .
We are not obliged to participate in consumer arbitration proceedings and therefore do not take part in them. We prefer to clarify your concerns in a direct exchange with you.
§ 16 Applicable law / place of jurisdiction
The contract language is German.
In the event of discrepancies between the German version of these GTC and a foreign language translation, the German version alone shall prevail.
The law of the Federal Republic of Germany shall apply, unless consumer protection regulations or EU regulations take precedence for orders from other European countries.
The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
The place of jurisdiction for all customers – regardless of whether their place of residence or registered office is within or outside the European Union – is Schweinfurt.
§ 17 Final provisions
Should individual provisions of these General Terms and Conditions be or become void, ineffective and/or unenforceable in whole or in part, this shall not affect the effectiveness of the remaining provisions and shall not result in the ineffectiveness of these General Terms and Conditions or the concluded contract.
Status: January 2023