General terms and conditions with customer information

Table of contents

1. Scope
2. Contract conclusion
3. Right of cancellation
4. Prices and payment terms
5. Delivery and Shipping Terms
6. Retention of title
7. Defect liability (warranty)
8. Liability
9. Redemption of promotional vouchers
10. Applicable law
11. Jurisdiction
12. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as „GTC“) of TP-Ortho GmbH (hereinafter referred to as „Seller“) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as „Customer“) with the Seller concerning the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity.

1.3 In the context of these terms and conditions, an entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but rather serve for the customer to make a binding offer.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. Having placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can 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 the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. 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 consequence that the customer is no longer bound by his declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as „PayPal“), subject to the PayPal User Agreement, available at https://www.paypal.com/en/legalhubPayPal/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/en/legalhubPayPal/privacywax-full. If the customer pays using a PayPal payment method selectable during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 Notwithstanding the foregoing regulations, a contract shall be concluded in the so-called auction format as follows:

When a seller lists an item in an auction format, they are making a binding offer to conclude a contract for that item. They shall specify a starting price and a time limit within which the offer can be accepted (offer duration). If the seller sets a reserve price when using the auction format, the offer is subject to the condition precedent that the reserve price is met.

The customer accepts the offer by submitting a bid. To do this, the customer first enters the amount of their maximum bid in the designated input field on the respective product page and then proceeds through the further specified steps. Finally, the customer clicks the button with which they confirm their bid. The acceptance is subject to the suspensive condition that the customer is the highest bidder after the end of the auction period. A bid expires if another buyer submits a higher bid during the auction period. In the event of early termination of the auction by the seller, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the bids submitted.

2.6 When ordering via the seller's online order form, the contract text will be stored by the seller after conclusion of the contract and transmitted to the customer in text form (e.g., by email, fax, or post) after the customer has submitted their order. The contract text will not be made available by the seller beyond this. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the relevant login details.

2.7 Before finally submitting the order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identification of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their input during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3) Right of cancellation

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs in relation to money transfer may also arise if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When selecting a payment method offered via the „PayPal“ payment service, the payment processing is carried out by PayPal, which may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods through PayPal where they provide services in advance to the customer (e.g. purchase on account or instalment payments), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer to this extent. Before accepting the assignment declaration from the seller, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of assignment of claim, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and its dispatch or credit notes.

4.6 When selecting„Sofortüberweisung“ as the payment method, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter „Klarna“). To pay the invoice amount via „Sofortüberweisung“, the customer must have an online banking account enabled for participation in „Sofortüberweisung“, identify themselves accordingly during the payment process and confirm the payment instruction. The payment transaction will be carried out immediately thereafter by Klarna, and the customer's bank account will be debited. Further information on the „Sofortüberweisung“ payment method can be found by the customer online at https://www.klarna.comImmediately/ Retrieve.

4.7 When selecting a payment method offered via the „Apple Pay“ payment service, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland („Apple“). The individual payment methods offered via Apple Pay will be communicated to the customer in the seller's online shop. For payment processing, Apple may use additional payment services, for which specific payment terms may apply and to which the customer may be separately informed. Further information on Apple Pay is available on the internet at https://www.apple.com/en/apple-pay/ retrievable.

4.8 When selecting a payment method offered via the „Google Pay“ payment service, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland („Google“). The individual payment methods offered via Google Pay will be communicated to the customer in the seller's online shop. For payment processing, Google may use further payment services, for which specific payment terms may apply, and which the customer may be separately informed of. Further information on Google Pay can be found on the internet at https://pay.google.com/intl/en_gb/about/ retrievable.

4.9 When selecting a payment method offered via the payment service „Stripe“, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter „Stripe“). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use further payment services to which specific payment terms may apply, and to which the customer will be separately informed if necessary. Further information about Stripe can be found on the internet at https://stripe.com/en retrievable.

4.10 When selecting a payment method offered via the payment service „SumUp“, payment processing is carried out by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter referred to as „SumUp“). The individual payment methods offered via Stripe will be communicated to the customer in the seller's online shop. For payment processing, SumUp may use additional payment services, for which specific payment terms may apply, and to which the customer may be separately informed. Further information about SumUp can be found on the internet at https://www.sumup.com/en-gb/ retrievable.

4.11 When selecting a payment method offered via the „Squarespace Payments“ payment service, payment processing is handled by the payment service provider Squarespace, Le Pole House, Ship Street Great, Dublin 8, Ireland. The individual payment methods offered via Squarespace will be communicated to the customer in the seller's online shop. To process payments, Squarespace may use additional payment services, for which separate payment terms may apply, which the customer will be separately informed of if applicable. Further information on Squarespace Payments can be found online at https://de.squarespace.com/payments retrievable.

4.12 When you select the direct debit payment method via Stripe, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as „Stripe“). In this case, Stripe will collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the pre-notification period has expired, on behalf of the seller. Pre-notification is any communication (e.g., invoice, policy, contract) to the customer that announces a SEPA direct debit. If the direct debit cannot be honoured due to insufficient funds in the account or incorrect bank details being provided, or if the customer objects to the debit despite not being entitled to do so, the customer shall bear the charges incurred by the respective credit institution's chargeback if they are responsible for this. The seller reserves the right to conduct a credit check when the SEPA direct debit payment method is selected and to reject this payment method in the event of a negative credit check.

4.13 When selecting the payment method of credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as „Stripe“). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of an unfavourable credit check.

5) Delivery and dispatch conditions

5.1 If the seller offers shipping of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address given in the seller's order processing shall be decisive for the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.

5.2 If the delivery of the goods fails for reasons that are the customer's responsibility, the customer shall bear the reasonable costs incurred by the seller. This does not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. For the costs of return, the provisions made in the seller's withdrawal policy shall apply in the event of the customer effectively exercising their right of withdrawal.

5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the forwarder, the carrier, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer upon handover of the goods to the customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has handed over the item to the forwarder, the carrier, or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarder, the carrier, or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and any payment made will be refunded without delay.

5.5 Collection is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:

7.1 Does the customer act as a businessperson/trader,

• the seller has the choice of the type of subsequent fulfilment;
• The limitation period for warranty claims on new goods is one year from the delivery of the goods;
• Are the rights relating to defects excluded for used goods?;
• the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

7.2 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods: The period of limitation for claims due to defects is one year from the delivery of the goods, provided that this has been expressly and separately agreed upon by the parties in the contract and the customer has been specifically informed of the shortening of the period of limitation before submitting their contractual declaration.

7.3 The above-mentioned limitations of liability and shortening of periods shall not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB applies to them. If the customer fails to comply with the notification obligations regulated therein, the goods are considered accepted.

7.6 If the customer is acting as a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, it will have no effect on their statutory or contractual warranty claims.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation under any legal ground

• in the event of intent or gross negligence,
• in the event of wilful or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the contractually typical, foreseeable damage, unless liability is unlimited as per the preceding clause. Material contractual obligations are duties imposed on the seller by the contract in terms of its content for the achievement of the contract's purpose, the fulfilment of which is essential for the proper execution of the contract, and on whose compliance the customer may regularly rely.

8.3 Furthermore, the seller's liability is excluded.

8.4 The aforementioned limitations of liability also apply with regard to the seller's liability for their vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter referred to as „promotional vouchers“) can only be redeemed in the seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is stated in the content of the promotional voucher.

9.3 Action vouchers can only be redeemed before completing the checkout process. Subsequent settlement is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 If the promotional voucher relates to a specific value and not a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.

9.7 The credit of a promotional voucher will not be paid out in cash or earn interest.

9.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher within their statutory right of withdrawal.

9.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

10) Applicable law

10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of goods. For consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10.2 This choice of law also does not apply to the statutory right of withdrawal for consumers who, at the time of concluding the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time of concluding the contract are outside the European Union.

11) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

12) Alternative dispute resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.