General Terms and Conditions
1. Preamble
1.1. By signing the order, the purchaser (hereinafter referred to as “Customer”) expressly acknowledges the following General Terms and Conditions (hereinafter referred to as
„GTC“) and undertakes to comply with them. The following terms and conditions shall apply exclusively to all deliveries and services of pansatori GmbH, Laabstrasse 96, 5280 Braunau/Inn, Austria (hereinafter referred to as “pansatori GmbH” or “we”), unless a separate written agreement to the contrary would have been concluded between the contracting parties in an individual case. pansatori GmbH is not bound by other terms and conditions of purchase and delivery of the contracting parties. These terms and conditions shall also apply to all future transactions, even if no express reference has been made to them in individual cases, in particular in the case of future supplementary or follow-up orders.
1.2. We contract exclusively on the basis of our General Terms and Conditions.
1.3. The customer's terms and conditions or changes or supplements to our terms and conditions require our express – written consent to business customers – in order to be valid.
1.4. The customer’s terms and conditions shall not be accepted even if we do not expressly object to them upon receipt by us.
2. Acknowledgement of the GTC
The purchase contract is concluded with Pansatori GmbH.
The customer acknowledges these General Terms and Conditions and declares his agreement to them as soon as he places an order. pansatori GmbH is entitled to unilaterally amend the present General Terms and Conditions insofar as this is necessary for the elimination of subsequent disturbances in equivalence or for adjustment to changed legal or technical framework conditions.
3. Offer
3.1. Offers from pansatori GmbH are always subject to change and non-binding, unless expressly agreed otherwise. The sold and delivered items do not have to correspond exactly to the illustrations.
3.2. Information contained in catalogues, price lists, brochures, advertisements at trade fairs, circulars, advertising material or other media (information material) about our products and services which are not attributable to us, the customer must – insofar as the customer bases this decision to commission – provide us with information.
If the customer violates this obligation, such information shall be non-binding unless it has been expressly declared – in writing to business customers – as part of the contract.
4. Completion of the Contract
Delivery options
The product presentation on the website is an online catalogue and does not constitute a legally binding offer. It is an invitation to the customer to submit an offer himself. The offer in the legal sense is made by the customer by placing the order. Upon receipt of the order, a notification e-mail is sent to the e-mail address provided by the customer, confirming receipt of the order and reproducing its contents (hereinafter referred to as "Order Confirmation"). If pansatori GmbH rejects the conclusion of the contract, the customer will be informed immediately by e-mail.
5. Right of withdrawal and withdrawal
5.1.If the customer is a consumer in accordance with the provisions of the Consumer Protection Act, he has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party designated by him, who is not the carrier, last took possession of the goods. To exercise your right of withdrawal, you must inform us (pansatori GmbH, Laabstrasse 96, A-5280 Braunau/Inn, Tel. 43 (0)7722 22900, by means of a clear declaration (e.g. a registered letter sent by post or (e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.
In the event of an effective revocation, the services received by both parties shall be returned. For this reimbursement, we shall use the same means of payment that the customer used for the original transaction, unless something else has been expressly agreed with the customer. pansatori GmbH may refuse reimbursement until it has received the goods back. The customer shall return or hand over the goods to pansatori GmbH without delay and in any event not later than fourteen days from the day on which he informed pansatori GmbH of the revocation of this contract. The deadline shall be met if the customer has received the goods before the expiry of the period. The cost of the return shall be borne by the customer in any case. If you are unable to return the received service in whole or in part or only in a deteriorated condition, the customer must compensate us if necessary.
The customer shall only be liable for any diminished value of the goods if this diminished value is due to handling by the customer other than what is necessary to verify the nature, characteristics and functioning of the goods.
5.2. Our offered goods are medical devices of class 1, which are no longer saleable after opening. According to § 18 para. 1 clause 5 FAGG, there is no right of withdrawal if the goods are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
Likewise, pursuant to § 18 para. 1 clause 3 FAGG, there is no right of withdrawal if goods are manufactured according to customer specifications or are clearly tailored to personal needs.
5.3. The goods delivered by us shall only be returned in undamaged and original sealed original packaging with a fully completed return slip. Unpaid returns and returns sent later than 14 days after receipt of the goods cannot be accepted. Excluded from the return are special purchases, custom-made products.
5.4. Contrary to points 5.1., 5.2. and 5.3., there is a right of withdrawal if the customer has selected and purchased the separate package “Return Option” at the time of conclusion of the contract.
Der Kunde ist zum Rücktritt gemäß der „Rückgabeoption“ unter folgenden Bedingungen berechtigt:
a) Der Kunde führt mit der pansatori GmbH oder einem von dieser benannten Dritten binnen fünf Werktagen nach Erhalt der Ware ein Erstgespräch via Videochat (z.B. Zoom, Teams, Signal, WhatsApp), in dem die Funktionsweise, die korrekte Bedienung und das korrekte Anlegen der Ware von der pansatori GmbH oder einem von dieser benannten Dritten erläutert wird. Der Kunde ist verpflichtet, nach Erhalt der Ware selbstständig einen Termin mit der pansatori GmbH oder einem von dieser benannten Dritten für das Erstgespräch schriftlich zu vereinbaren.
b) Der Kunde befüllt nachweislich und kontinuierlich über 30 Tage hinweg nach dem stattgefundenem Erstgespräch die ForgTin-App jeweils täglich zwei Mal, nämlich morgens und abends, mit den aktuellen Werten.
c) Der Kunde führt nach Ablauf der 30 Tagen gemäß ein Abschluss-Videogespräch mit der pansatori GmbH oder einem von dieser benannten Dritten.
5.5. Sofern einer der Punkte 5.4. lit a) bis c) genannte Bedingung vom Kunden nicht erfüllt wurde, ist der Kunde nicht zum Rücktritt gemäß der „Rückgabeoption“ berechtigt. Ebenso nicht zum Rücktritt berechtigt ist der Kunde, wenn sich nach Ablauf der 30 Tage gemäß
Punkt 5.4. lit b) anhand der vom Kunden eingegebenen Werte eine Verbesserung aufgrund der vom Programm errechneten Durchschnittslautstärkekurve ergibt.
5.6. Die Fristen gemäß Punkt 5.4. lit b) und c) beginnen, sofern das Erstgespräch gemäß Punkt 5.4. lit a) aus Gründen, die in der Sphäre der pansatori GmbH liegen, erst nach dem tatsächlich stattgefundenem Erstgespräch zu laufen. Die Frist gemäß Punkt 5.4. lit
a) gilt in diesem Fall als vom Kunden gewahrt.
5.7. Im Falle des berechtigten Rücktritts hat der Kunde die unbeschädigte Ware auf seine Kosten an die der pansatori GmbH zu übersenden. Nach Erhalt der Ware wird die pansatori GmbH dem Kunden den Kaufpreis für die Ware, nicht jedoch die Kosten für das Paket „Rückgabeoption“, auf das vom Kunden beim Kauf der Ware verwendete Zahlungsmittel binnen 10 Werktagen erstatten.
6. Conditions of delivery and dispatch
6.1. Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer in the order. pansatori GmbH shall be responsible for accepting the delivery itself. pansatori GmbH shall not be responsible for the existence of delivery obstacles in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time is impossible due to circumstances for which pansatori GmbH is not responsible, pansatori GmbH shall be entitled to withdraw from the contract in whole or in part. pansatori GmbH shall inform the customer of this without delay. Claims for damages shall be excluded in this case.
6.2. In the event of force majeure or other unforeseeable circumstances or circumstances independent of the will of the party, we shall be entitled either to withdraw from the contract in whole or in part or to extend the delivery period accordingly. Claims for damages or a right of withdrawal from the contract on the part of the customer are expressly excluded in these cases and in the event of delay in delivery.
7. Prices, shipping costs and payment options
7.1. The prices at the time of ordering apply.
7.2. The prices quoted in the web shop include the statutory value added tax according to Austrian regulations and other price components. Any transport and customs fees (EU countries) shall be borne by the customer. The goods are insured for transport.
7.3. Unless otherwise stated, all prices are in EURO including all statutory duties and taxes for customers from Austria. The prices at the time of the order shall apply. Unless otherwise agreed, the purchase price shall be payable without any deduction at the time of ordering. The customer shall bear the costs of shipping in addition to the product price. The shipping costs depend on the quantity of goods ordered, the type of shipment and the delivery destination. The shipping costs are calculated automatically. We ship our goods with our shipping partner DPD.
7.4. Payment options: prepayment, credit card, debit card, Klarna or PayPal. In the shop only prepayment, credit card, debit card, Klarna or PayPal are possible.
8. Maturity date, payment terms, payment terms
8.1. The purchase price is due at the latest 14 days after conclusion of the contract and is to be paid before delivery of the goods. Before depositing the purchase price, the goods are not delivered by us.
8.2. Prices are 14 days net unless otherwise agreed in writing. In the event of default with even one payment, the entire outstanding balance shall be due for payment to us. Incoming payments shall be used to settle the oldest debt item plus default interest. Costs caused by payment or their delay (in particular for judicial or extrajudicial collection of payment) shall be borne by the customer.
The customer shall not be entitled to withhold or set off payments due to warranty, damages or other counterclaims. Circumstances which impede, complicate or endanger the delivery or payment of our goods shall entitle us, without prejudice to our claims for damages against the customer, to refuse the delivery of orders in part or in whole or to demand immediate payment (loss of deadline) and to charge default interest from the due date. (partial) deliveries already made shall be paid.
8.3. Pursuant to § 456 UGB (German Commercial Code), we are entitled to charge 9.2% points above the base interest rate for default interest in cases of indebted default in payment. Pursuant to consumers, we charge the statutory interest rate of 4% p.a.
8.4. We reserve the right to assert further damage caused by delay, but only against consumers as customers if this is negotiated in detail.
8.5. Should it arise in the course of the execution of the contract that the customer gets into payment difficulties, we are entitled to raise the objection of uncertainty and make a delivery or service conditional on the customer providing a bank guarantee from an Austrian bank for the contractually agreed value of the delivery/service or making sufficient account payments in advance.
8.6. The customer shall only be entitled to offset insofar as counterclaims have been established by a court or have been accepted by us. Consumers as customers shall also be entitled to offset insofar as counterclaims are legally connected with the customer's obligation to pay, as well as in the event of our company's insolvency.
8.7. If the payment deadline is exceeded, any remuneration granted shall be forfeited.
(discounts, discounts, etc.) and will be added to the invoice.
8.8. The customer is not entitled to withhold payments due to warranty claims or other counterclaims not recognised by us.
8.9.The customer shall reimburse us for any damages caused by delay, in particular the resulting dunning fees, legal and court costs. For all dunning reminders necessary and appropriate to the purpose of recovery, the customer shall be obliged to pay dunning fees per reminder amounting to € 20.00 if this is in reasonable proportion to the receivables being pursued.
8.10. If, after expiry of the time limit, the customer has failed to provide any payment or other service owed, we may withdraw from the contract by written notification. In this case, the customer shall return goods already delivered to us upon our request and compensate us for the depreciation of the goods that has occurred. The customer shall also reimburse us for all justified expenses that we had to incur for the execution of the contract. We shall be entitled to make the finished or elaborated parts available to the customer. The customer shall pay us the corresponding part of the selling price.
9. Reservation of Ownership
9.1 The delivered goods remain the property of pansatori GmbH until full payment has been made.
10. Guarantee
10.1. The provisions on the statutory warranty apply. The warranty period for our services is one year for business customers and two years for consumers from the date of handover.
10.2. Complaints due to the scope of delivery, defects in quality, incorrect deliveries and deviations in quantity must be asserted in writing immediately, but at the latest within 72 hours after receipt of the goods.
10.3. In the event of improper safekeeping or storage of the goods by the customer, a complaint is excluded.
A warranty claim for entrepreneurial customers is in any case limited to the invoice value of the delivered defective goods.
10.4. In the absence of an agreement to the contrary (e.g. formal acceptance), the time of delivery is the time of completion, at the latest when the customer has taken over the service in his power of disposal or has refused to take over without giving reasons. If a joint delivery is planned and the customer does not meet the delivery date communicated to him, the delivery shall be deemed to have taken place on that day.
10.5. Remedies of a defect claimed by the customer do not constitute acceptance of the defect claimed by the customer. The entrepreneurial customer must grant us at least two attempts to remedy the defect.
10.6. If the customer's claims for defects are unjustified, the customer shall be obliged to reimburse us for the costs incurred in determining the absence of defects or correcting defects.
10.7. The entrepreneurial customer must always prove that the defect was already present at the time of handover.
10.8. In order to remedy defects, the customer must make the system or devices available to us without culpable delay and give us the opportunity to be assessed by us or by experts appointed by us.
10.9. Defects in the delivery item which the entrepreneurial customer has discovered or should have discovered in the normal course of business after delivery by inspection must be reported to us in writing immediately, at the latest 72 hours after handover. Hidden defects must also be reported within this reasonable period from discovery.
10.11. Any use or processing of the defective object of service, which threatens further damage or makes it difficult or impossible to ascertain the cause, shall be immediately discontinued by the customer, unless this is unreasonable.
If a notice of defect is not filed in time, the goods shall be deemed approved.
10.12. If the customer's claims for defects are unjustified, he shall be obliged to reimburse us for the costs incurred in determining the absence of defects or remedying.
10.13. Any use or processing of the defective delivery item, which threatens further damage or impedes or prevents the removal of the cause, shall be immediately discontinued by the customer, unless this is unreasonable.
10.14. We can avert a request for conversion by means of improvement or an appropriate price reduction, provided that it is not a material and irreversible defect.
11. Exclusion of Liability
11.1. Beyond the scope of application of the Product Liability Act, our liability is limited to intent or gross negligence. Liability for slight negligence, compensation for consequential and pecuniary damages, unrealized savings, interest losses and damages arising from third-party claims against the customer are excluded. These liability limitations apply to consumers for bodily or health damages not attributable to us.
11.2. Liability towards entrepreneurial customers is limited to the maximum liability amount of any liability insurance taken out by us.
11.3. In the event of other forfeiture, claims for damages by business customers must be asserted in court within two years.
11.4. The exclusion of liability also includes claims against our employees, agents and vicarious agents for damages caused to the customer, without reference to any contract on their part with the customer.
11.5. Our liability is excluded for damage caused by improper handling or storage, by the customer or by third parties not commissioned by us, or natural wear and tear, insofar as this event caused the damage. We also exclude liability for failure to perform necessary maintenance, unless we have contractually assumed the obligation to perform maintenance.
11.6. If and insofar as the customer is able to claim insurance benefits for damages for which we are liable by means of a non-life insurance policy (e.g. third-party liability insurance, hull, transport, fire, business interruption and others), the customer undertakes to claim insurance benefits and our liability is limited to the disadvantages incurred by the customer as a result of the use of this insurance (e.g. higher insurance premium).
11.7. Those product characteristics are owed which, with regard to the approval regulations, operating instructions and other product-related instructions and instructions (in particular also inspection and maintenance), can be expected from us, third-party manufacturers or importers, taking into account the customer's knowledge and experience.
11.8. On our website you will find hyperlinks to other sites on the Internet. For all these links we have no influence whatsoever on the design and contents of these external sites. We therefore assume no responsibility whatsoever for the content and design of these sites.
This declaration applies to all external references displayed on our website.
12. Data Protection
12.1. We respect your privacy and comply with all applicable data protection regulations. Provisions on data protection and data processing are set out in the privacy policy which forms part of these general terms and conditions.
13. ForgTin® app
13.1. With the purchase of our product ForgTin®, the customer is provided with a license code that allows him to download and activate the ForgTin® app free of charge. The license code is valid for four weeks.
13.2. For this purpose, by downloading the ForgTin® app and activating it, the customer agrees that his user and history data are transmitted in anonymised form to pansatori GmbH and may be stored and used for research and further development purposes (e.g. medical studies and evaluations). Any use by us for other purposes is not permitted. The customer is entitled to revoke his consent at any time. The collected data is stored in an anonymised form in a Google database in Europe. When the ForgTin® app is used for the first time, the legal warranty period for the product ForgTin® is automatically extended by another year when the ForgTin® app is used for the first time.
14. Jurisdiction and applicable law
14.1. Austrian law shall apply, excluding the reference standards.
14.2. The UN Sales Convention is excluded.
14.3. The place of performance is the registered office of the company in 5280 Braunau am Inn.
14.4. The place of jurisdiction according to Art. 23 EugVVO and § 88 JN for all disputes arising from the contractual relationship or future contracts between us and the entrepreneurial customer is the local competent court for our registered office in 5280 Braunau am Inn. The place of jurisdiction for consumers according to Article 23 EuGVVO, if the latter is domiciled in Germany, is the court in whose district the consumer has his habitual residence at the time of conclusion of the contract.
pansatori GmbH is also entitled to sue at the general place of jurisdiction of the purchaser.
14.5. The application of the UN Sales Convention is excluded. The contract language is German.
15. Severability Clause
15.1. Should individual provisions of these General Terms and Conditions be invalid in whole or in part or become invalid due to statutory provisions, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by effective provisions which best correspond to the original intended purpose.