General Terms and Conditions
Contracted between axion GmbH - hereinafter referred to as “Vendor” - and the customer named in § 2 of the contract - hereinafter referred to as “Customer” .
§ 1 Scope of Application, Definition of Terms
(1) The following General Terms and Conditions in the version valid at the time of ordering shall apply exclusively to the business relationship between the online shop Vendor www.axion.shop, axion GmbH, [Mollenbachstraße 13, 71229 Leonberg, Germany] and the Customer. Diverging conditions of the Customer shall not be recognised unless the Vendor expressly agrees in writing to their validity.
(2) The Customer shall be deemed a consumer insofar as it is a natural person that is concluding a transaction for purposes that can be predominantly attributed neither to its commercial nor its autonomous professional activities. However, any natural person or corporate entity or incorporated partnership that in concluding the contract is acting in pursuance of its commercial or autonomous professional activities shall be deemed an entrepreneur.
§ 2 Conclusion of Contract
(1) The offer of goods of the vendor represents a non-binding purchase offer.
(2) The customer can select the goods from the assortment of the vendor and collect them in the shopping cart system without obligation via the "add to cart" button. The shopping cart can be accessed by clicking on the shopping cart symbol from any page of the online shop. The products placed in the shopping cart can be viewed, their number changed or completely deleted.
(3) By pressing the button "Checkout" the customer can enter his personal data, as far as he is not yet registered. Here he has the possibility to create a customer account, but does not have to do so. If the customer already has a customer account, he can view and, if necessary, change his personal data after logging in. Via the button "Check out with Paypal" the customer can transfer the address data stored at Paypal to our shop. After completion of the process, the customer is forwarded to the online shop on the page "Complete order". The payment process is only authorized by pressing the "Send order" button.
(4) Via the button "Change" the customer can change and select the payment and shipping method. By clicking the "Next" button again, the customer will be taken to the "Complete order" page. Here he can check or change all information once again or cancel the purchase.
(5) By clicking the button "Send order" the customer makes a binding purchase offer for the goods in the shopping basket and confirms to have read the general terms and conditions, the data protection declaration as well as the revocation instruction and to agree with their validity. These can be accessed via a link.
(6) The provider accepts the customer's purchase offer by sending an automatic order confirmation by e-mail. A binding contract can already be concluded beforehand, namely if the customer has chosen credit card payment, with the time of the credit card charge; if the customer has chosen the payment method PayPal or the Klarna service "Online bank transfer.", with the time of the payment order.
(7) If the payment method is PayPal or "Online bank transfer." by Klarna, the customer will be redirected to the third party site where he can authorize the payment process after clicking on the "Send order" button. With the credit card payment method, the customer will enter the credit card data under "payment methods", which are forwarded to the service provider by clicking on the "Send order" button. If payment is made in advance, the customer will receive a request for payment by e-mail.
§ 3 Storage of contract text, contract language
The contract text is stored by the vendor. The vendo sends the customer the general terms and conditions, the revocation instruction and the order data by e-mail. The contract language is English. The General Terms and Conditions valid at the time of the order will not be made accessible to the customer after the order. The customer can view the data of the order in the login area if he has placed the order as a registered customer.
§ 4 Delivery, availability of goods, transfer of risk
(1) Delivery takes place within all countries of the European Union and Switzerland. The delivery time is 1-3 working days. The vendor points out any deviating delivery times on the corresponding product page.
(2) Should an ordered article not be available because the vendor was not supplied by his supplier without his fault despite his contractual obligation, he is entitled to withdraw from the contract. In this case, the customer will be informed immediately and any services already rendered will be reimbursed immediately.
(3) The risk of accidental loss and accidental deterioration of the goods shall not pass by law until the goods have been handed over to the customer, insofar as the customer is a consumer. This only does not apply if the customer has appointed a transport company not designated by the supplier or another person to carry out the shipment. Deviating from this, delivery is at the risk of the customer if he is a business customer.
§ 5 Reservation of Title
(1) The delivered goods remain the property of the supplier until full payment has been made.
(2) If the customer is a business customer, the supplier retains title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted prior to the transfer of ownership.
(3) The business customer can resell the goods in the ordinary course of business, however, in this case already at the time of the conclusion of the contract the claims arising to the customer from the resale are assigned to the vendor in the amount of the invoice amount. The provider accepts this assignment. The right to collect receivables remains with the customer. Only in case of improper payment the vendor reserves the right to collect these himself. The vendor is obliged to release the securities to which he is entitled upon the customer's request if the realisable value of the security exceeds the claim to be secured by more than 10 %.
§ 6 Prices and Shipping Costs
(1) All prices stated on the vendor's website include the applicable statutory value added tax and all other price components and are quoted in EURO.
(2) The shipping costs are not included in the purchase price. These are shown separately and can be viewed by the customer via the "Shipping costs" link on each page. The shipping costs are shown separately within the ordering process / on the order overview page. Shipping costs are to be borne by the customer unless the customer makes use of his right of revocation.
(3) an additional fee of 9.90 EUR will be charged for the cash on delivery payment method. In addition, an additional fee of 2.00 EUR will be charged by the deliverer on site.
(4) Further taxes and customs duties are payable on deliveries to Switzerland. Further information about this can be found under this link.
§ 7 Methods of Payment
The customer can pay by prepayment, The online bank transfer service by Klarna, credit card, cash on delivery or PayPal. When the payment method prepayment is selected, the vendor states his bank details in the order confirmation and delivers the goods after receipt of payment. If payment is made by credit card, the account will be debited upon conclusion of the contract. With the payment methods Paypal and online bank transfer by Klarna, the amount is debited upon conclusion of the contract. Cash on delivery payments are due upon receipt of the goods.
§ 8 Cancellation right
(1) Customers who are consumers have a 14-day right of cancellation.
You have the right to cancel this contract within 14 days without giving reasons. The cancellation period shall be 14 days from the day on which you or a third party named by you that is not the shipper has taken possession of the final goods.
To exercise your right of cancellation, you must inform us
Telephone: +49 7152 353 911 0
Fax: +49 7152 353 911 1
by means of an explicit declaration (e.g., a letter sent by post, a fax or an email) of your decision to cancel this contract. You may use the enclosed sample cancellation form for this, but this is not mandatory.
To comply with the cancellation period, it shall be sufficient that you send the notification stating your intention to exercise your right of cancellation before expiry of the cancellation period.
Consequences of Cancellation
If you cancel this contract, we shall refund to you all payments that we have received from you, including all delivery charges (with the exception of additional costs resulting from you having chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which the notification of your cancellation of this contract was received by us. For this refund, we shall use the same payment method that you employed in the original transaction, unless otherwise expressly agreed with you; under no circumstances shall fees be charged to you for this refund. We may refuse to refund until we have had the goods returned to us or until you have furnished proof that you have sent the goods back, depending on which is the earlier point in time.
You are to send back or hand over the goods to us or to axion GmbH, Mollenbachstr. 13, 71229 Leonberg without delay and at all events within fourteen days from the day on which you inform us of the cancellation of this contract. The period shall be complied with if you dispatch the goods before expiry of the 14-day period.
You bear the direct costs of returning the goods.
You need only pay for any loss of value of the goods if this loss of value is attributable to handling that is unnecessary for the examination of the condition, characteristics and functionality of the goods.
(2) The right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery.
§ 9 Material defect warranty
(1) The vendor is liable for material defects according to the applicable legal regulations.
(2) Customers who are business customers must inspect the goods immediately for deviations in quality and quantity. Obvious defects must be reported to the vendor in writing within 7 days of receipt of the goods, hidden defects within 7 days of gaining knowledge. The assertion of warranty claims is excluded in the event of breach of the obligation to examine and give notice of defects.
(3) In the event of defects, the vendo may, at his discretion, either remedy the defect or make a replacement delivery to customers who are business customers. If this fails, the customer can either demand an appropriate reduction of the purchase price or withdraw from the contract. After two unsuccessful attempts, the remedy of the defect shall be deemed to have failed.
§ 10 Warranty
(1) In addition to the statutory warranty claims, the vendor provides a 2-year guarantee to customers who are consumers in accordance with the following provisions:
a. The vendor provides a guarantee for all defects occurring during a period of three years from the transfer of risk, which are demonstrably attributable to a material or manufacturing defect. The warranty claim cannot be assigned.
b. Excluded from the guarantee are:
- Damage caused by improper use (non-observance of operating instructions, improper use, abnormal environmental conditions, improper operating conditions, overload or lack of maintenance or care) or commercial use,
- Damage to products sold as "used goods",
- Products to which changes or additions have been made,
- Batteries and accumulators with which the devices are operated,
- Consumables, especially electrodes, electrode gels and the like.
c. A claim under these warranty conditions must be made within the above warranty period. For this purpose, the affected product is to be returned to the vendor with a copy of the invoice. On request, the vendor sends the customer a return label and thus assumes the costs of the return.
d. Other claims, in particular those arising from warranty, are not affected by the warranty conditions stated in this section. Further claims than the right to remedy the defects of the product set forth in this warranty statement are not justified by the warranty.
e. The provision of warranty services does not initiate or extend any new warranty for the product.
2. In addition to the statutory right of withdrawal, the vendor also offers customers a "30-day money-back guarantee" under the following conditions:
a. For all purchases of articles, the vendor grants the customer, in addition to the statutory right of revocation, a voluntary right of return for a total of 30 days from receipt of the goods. With this right of return, the customer can also after expiry of the 14-day cancellation period (see cancellation instructions) from the contract by sending the goods back to the vendor (axion GmbH, Mollenbachstr. 13, 71229 Leonberg) within 30 days of their receipt (start of the period on the day after receipt of goods). Timely dispatch (postmark or parcel label) is sufficient to meet the deadline.
b. To exercise the "30-day money-back guarantee", the customer must have merely tried the goods for testing purposes, as in a retail store, and return the goods complete, undamaged in their original condition and without damage in the original sales packaging. The voluntary right of return does not apply to the purchase of gift vouchers. The 30-day money-back guarantee does not apply to hygiene articles if their sealed packaging has been opened and the articles are therefore no longer suitable for return due to health protection or hygiene.
c. The repayment is made when the "30-day money-back guarantee" is exercised on the account you used for payment. In the case of payment by bank transfer, the return transfer is instructed to the account from which the transfer was made. If you paid by Paypal / credit card, the refund will be made to the associated Paypal / credit card account. On request, the vendor sends the customer a return label and thus assumes the costs of the return.
d. The statutory right of revocation is not affected by these rules for the supplementary (voluntary) right of return granted by contract and remains in force independently of this. Until the expiry of the period for the statutory right of revocation, the statutory conditions listed therein shall apply exclusively. Furthermore, the "30-day money-back guarantee" does not limit your statutory warranty rights, which are retained without restriction.
§ 11 Liability
(1) Claims by the Customer for compensation shall be excluded. Exceptions to this shall be compensation claims by the Customer arising from injury to life, limb and health, or from the violation of fundamental contractual obligations (cardinal obligations) as well as liability for other damage based on malicious or grossly negligent violation of duty by the Vendor or its legal representatives or agents. Fundamental contractual obligations are those the fulfilment of which is necessary for attaining the objective of the contract.
(2) In the case of violation of fundamental contractual obligations, the Vendor shall be liable only for foreseeable damage typical for the contract if it was caused through simple negligence, unless it is a case of damage claims by the Customer arising from injury to life, limb or health.
(3) The limitations of Paragraphs 1 and 2 shall also apply in favour of the legal representatives and agents of the Vendor if claims are asserted against them directly.
(4) The regulations of the Product Liability Act shall remain unaffected.
§ 12 Application Errors / Risks
The application of stimulation current devices may only be undertaken in accordance with the operating manuals and safety instructions. Consult a therapist or doctor before application to clarify any possible risks and verify compatibility.
Please do not fail to take into account:
- In the case of heart pacemaker wearers, a TENS treatment shall only be undertaken under medical supervision.
- No applications of TENS over the carotid sinus (sinus caroticus) or the external carotid artery (arteria carotis externa).
- No electrical stimulation over the larynx.
- No stimulation current treatment over larger metal implants.
- No electrical stimulation (TENS or EMS) for epileptics.
- Electrical stimulation during pregnancy only under medical supervision.
- Electrodes may not be placed over the heart.
- Do not apply electrodes over open wounds.
- In the case of psychosomatic pain syndromes, TENS therapy is ineffective according to current knowledge.
§ 13 Final Provisions
(1) Contracts between the vendor and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and the vendor shall be Stuttgart.
(3) The remaining parts of the contract remain binding even if individual points are legally ineffective. The ineffective points shall be replaced, if available, by the statutory provisions. However, if this would constitute an unreasonable hardship for a contracting party, the contract shall become invalid in its entirety.