General Terms and Conditions

§ 1 Scope of application, customer information

(1) These General Terms and Conditions (GTC) apply to all orders and contracts between KleinMed AG (hereinafter referred to as ‘Provider’) and its customers (consumers and entrepreneurs) worldwide, unless mandatory legal provisions in the customer's country stipulate otherwise.

(2) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into the legal transaction, acts in the exercise of their commercial or self-employed professional activity.

(3) Deviating terms and conditions of the customer shall not be recognised unless the provider expressly agrees to their validity in writing.

(4) The contract language is German. Translations are for information purposes only; in case of doubt, the German version shall prevail.

§ 2 Conclusion of contract

(1) The presentation of goods in our online shop or in other sales documents does not constitute a binding offer, but a non-binding invitation to place an order.

(2) By placing an order, the customer makes a binding offer to conclude a purchase contract.

(3) The provider confirms receipt of the order by e-mail. This confirmation of receipt does not constitute acceptance. Acceptance is either explicit (e.g. by sending an order confirmation) or tacit by delivery of the goods.

(4) Orders can be placed online, in writing or by email .

§ 3 Storage of order data

We store your order with details (e.g. type of product, price, etc.). We will send you the General Terms and Conditions, but you can also access them at any time via our website. As a registered customer, you can access your previous orders via the customer login area (My Customer Account).

§ 4 Correction options

The customer can correct their entries at any time before submitting the order . The correction functions provided in the order process are available for this purpose. The order process can be cancelled at any time by closing the browser window.

§ 5 Retention of title

(1) The delivered goods remain the property of the supplier until full payment has been made.

(2) The following also applies to businesses: The retention of title also extends to claims acquired by the buyer against third parties through resale (extended retention of title).

§ 6 Warranty and guarantee

(1) Consumers have the statutory warranty rights for new goods (24 months in the EU, 2 years in Switzerland). For used goods, the period may be reduced to 12 months. (2) For businesses, the warranty period is 12 months from delivery. (3) Damage or defects that have arisen after delivery due to normal wear and tear, improper use, lack of care or excessive strain are excluded from the warranty.

(4) Products such as insoles, textile covers, wristbands and similar consumables and hygiene items are subject to faster, usage-related wear and tear. Normal wear and tear does not constitute a defect in this case. (5) A warranty is only granted if it is expressly stated in the product description or in a separate warranty statement.

(1) The provider is liable without limitation for damages resulting from intent and gross negligence as well as in the event of injury to life, limb or health.

(2) In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for this type of contract.

(3) Otherwise, liability for slight negligence is excluded.

(4) Mandatory legal claims under product liability law (CH PrHG, EU Product Liability Directive) remain unaffected.

§ 8 Choice of law and place of jurisdiction

(1) Swiss law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The following applies to consumers residing in the EU or other countries: Mandatory consumer protection regulations of the country of residence remain unaffected.

(3) For merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction is the registered office of KleinMed AG in Zug (Switzerland).