General
Terms and Conditions

1. Provider and scope

1.1 The contractual partner is T.O.P Studios GmbH, trading under the business name RehaPulse, Moselstraße 47-49, 41065 Mönchengladbach, Germany, represented by the managing director Stephan Wilske. Registered at the Mönchengladbach District Court under HRB 20425; VAT identification number DE306306289.

Contact: info@top-studios.de; Telephone +49 177 4127099. RehaPulse advice: +49 175 3767289.

1.2 These General Terms and Conditions apply to the sale of new and used rehabilitation equipment as well as to additionally agreed delivery, assembly and instruction services to consumers and entrepreneurs. Separate agreements apply to rental agreements and the purchase of equipment.

1.3 Consumer is a natural person who acts primarily for purposes that cannot be attributed to either their commercial or their independent professional activity. An entrepreneur is anyone who, when concluding the contract, acts in the exercise of their commercial or independent professional activity. Mandatory special protective provisions of the applicable law remain unaffected.

1.4 Individual agreements have priority. Differing purchasing conditions of a corporate customer will only become part of the contract if we agree to their validity.

2. Offer and conclusion of contract

2.1 The presentation of products on rehapulse.de is an invitation to make an inquiry. The website does not contain online checkout. Preparing or sending a request does not commit you to purchasing.

2.2 After clarifying the desired version, the condition, the scope of delivery and the delivery address, the customer receives an individual offer, in particular via WhatsApp or email. The offer states the device, the total price, agreed additional services, payment terms and the delivery or service period. It contains an acceptance period.

2.3 The purchase contract is concluded when the customer expressly accepts the offer within the specified period and we receive his acceptance. If the customer changes the offer, a new agreement is required. A mere request or automatic confirmation of receipt does not constitute acceptance of the contract.

2.4 We will provide these terms and conditions and the required consumer information before acceptance. After conclusion of the contract, the customer receives a contract confirmation with the relevant documents on a durable medium, for example as a savable PDF file or email. The contract text cannot be accessed in an online customer account.

2.5 Contracts are concluded in German or Polish, depending on the agreement. Before acceptance, the customer receives the relevant documents in the agreed contractual language. A blanket priority clause in favor of the German version is not agreed.

3. Condition and scope of delivery

3.1 The description and the agreed properties of the specific device offered are decisive. Manufacturer information about the model series does not mean that every used individual item has all the features. Accessories, batteries, chargers, straps and other components are included in the scope of delivery, provided they are mentioned in the offer.

3.2 For used devices, the condition, visible signs of use and known special features are described before the contract is concluded. If individual characteristics of a consumer contract deviate from the objective requirements for the goods, the customer will be specifically informed of this before entering into the contract; The specific deviation requires an express and separate agreement. This does not replace a general description as “used” or “as seen”.

3.3 Technical testing and hygienic preparation do not mean a promise of brand-new condition, sterility or a specific medical treatment success. A bindingly promised property remains unaffected by this.

3.4 Product advice and instruction do not replace the necessary medical or therapeutic assessment of individual suitability. Our own advisory, information, security and other legal obligations remain.

4. Prices and Payment

4.1 For consumers, the total prices stated in the offer apply in euros including the applicable statutory sales tax. Delivery and service costs are shown separately or described as included before the contract is concluded. If differential taxation is applicable, the sales tax is not shown separately on the invoice. For entrepreneurs, it is expressly stated whether a price is shown net or gross.

4.2 Payment methods include full bank transfer before shipping or payment upon delivery. Which payment method, due date and means of payment apply upon handover will be agreed in the respective offer before the contract is concluded. An advance payment that has not been agreed upon cannot be subsequently requested unilaterally.

4.3 If advance payment has been agreed, the delivery period specified in the offer begins after receipt of payment. If payment is made upon handover, the agreed amount is due upon handover. Statutory rights to refuse performance and retention rights remain unaffected.

4.4 In the event of late payment, the statutory provisions apply. No automatic contractual penalties or flat-rate processing fees are agreed.

5. Delivery and collection

5.1 Delivery address, delivery period and type of delivery are specified in the offer. Standard delivery within Germany takes place without special shipping costs to the building entrance if the offer provides for this type of delivery. Delivery to the apartment, assembly or instruction are only included if agreed. The publicly advertised benefit commitments are not restricted by this.

5.2 Deliveries to Poland are offered with their specific price and scope of services before the contract is concluded. A German delivery price stated on the website does not automatically apply to delivery to Poland.

5.3 The customer accurately provides the delivery address and information required for scheduling appointments. If you change the date, please let us know in good time. In the event of unsuccessful delivery for which the customer is responsible, claims can only be asserted in accordance with the legal requirements; There is no automatic lump sum for cancellations.

5.4 As far as consumers are concerned, we fundamentally bear the risk of accidental loss or accidental damage until it is handed over to the customer or a person designated by the customer who is authorized to receive it. Special legal cases remain unaffected. The statutory assumption of risk applies to entrepreneurs.

5.5 Visible transport damage should, if possible, be documented and reported to us. Failure to report or take a photo immediately does not result in consumers losing their statutory defect rights. For mutual commercial transactions, the statutory obligation to investigate and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB) remains unaffected.

6. Setup and instruction by our own team

6.1 Booked assembly service is carried out by our own RehaPulse team. A standard shipping delivery does not automatically include assembly by the shipping company.

6.2 The agreed assembly service includes carrying in, assembly and instruction for the device on offer. Stairs and difficult access are included; There is no additional access surcharge for this.

6.3 The distance scale confirmed in the offer applies to a device from Mönchengladbach: up to and including 60 km €199, over 60 up to and including 120 km €249, over 120 up to and including 200 km €299. For more than 200 km and for services outside of Germany, an individual offer will be created before the contract is concluded. The consumer prices mentioned are total prices including applicable sales tax.

6.4 The postcode calculator provides a non-binding assignment based on an estimated route between postcode areas. We check the delivery location before making the offer and state the binding service price before concluding the contract. Once accepted, the agreed price cannot be unilaterally increased simply because of a different calculator estimate.

6.5 The customer allows access on the agreed date and keeps the intended installation location ready. If execution is actually impossible or involves a specific risk, we will coordinate how to proceed. This does not result in an automatic surcharge and no blanket loss of legal rights.

6.6 Additional services that have not been agreed upon, in particular the disposal of an existing old device or structural changes, are not automatically part of the assembly service. Additional paid services require a separate agreement.

7. Statutory defect rights

7.1 The statutory defect rights apply. These General Terms and Conditions do not reduce the statutory limitation periods to twelve months and do not exclude defect rights for used goods.

7.2 In the event of legal claims for supplementary performance, we will bear the necessary expenses in accordance with the statutory provisions, including necessary transport, travel, labor and material costs. Statutory claims for advance payments remain unaffected. The assumption of costs does not always require us to be at fault.

7.3 Please contact us to coordinate the examination and processing. This request does not create an additional exclusion period or limit any legal rights. We will coordinate any necessary provision or return taking into account the customer's legal rights.

7.4 Damage that only occurs after the transfer of risk due to improper operation, accident or other external influences and for which we are not legally responsible does not constitute legal claims for defects against us. Statutory rules on the burden of proof remain unaffected. Normal wear and tear that is not due to a defect is not in itself a material defect.

7.5 If it turns out that a repair or transport is required outside of our legal or warranty contractual obligations, we offer this service separately. A chargeable repair or a chargeable transport will only take place after the customer's consent. Simply reporting a defect does not trigger an automatic inspection fee.

8. Additional Warranty

8.1 A warranty promised for the specific device exists in addition to the statutory defect rights. The publicly promised RehaPulse warranty is neither canceled nor subsequently restricted by these terms and conditions.

8.2 The scope, duration, geographical scope and processing result from the warranty declaration applicable to the device and the relevant warranty promises. The warranty declaration will be provided on a durable data medium upon delivery at the latest. The legal rights in the event of defects remain free of charge and are not restricted by the warranty.

9. Right of withdrawal and voluntary withdrawal

9.1 Consumers generally have a statutory right of withdrawal from distance selling contracts. Conclusion of a contract via WhatsApp or email does not exclude this right. Before the contract is concluded, we will inform you about the deadline, exercise and consequences in a separate cancellation policy and provide the statutory model cancellation form.

9.2 Legal exceptions are only applied if their actual requirements are met. The fact that it is a used rehabilitation aid or that it has been set up alone does not exclude a revocation.

9.3 Return costs and any compensation owed depend on the legal requirements and the properly provided information. There is no flat restocking, cancellation or disinfection fee for any cancellation.

9.4 If a separate service is to begin before the cancellation period has expired, the declarations and information required for this will be obtained or provided separately. Agreeing to these General Terms and Conditions does not replace an express declaration of an early start to services.

9.5 There is no general statutory consumer right of withdrawal for entrepreneurs. Mandatory special protective provisions of applicable law as well as statutory defect rights remain unaffected. A voluntary right of return beyond this only exists if it has been promised.

10. Retention of title

The goods remain our property until the purchase price owed for them has been paid in full. A return due to retention of title requires the legal requirements.

11. Liability

11.1 We are liable without limitation in the event of intent and gross negligence, in the event of culpable injury to life, body or health as well as due to mandatory legal liability, in particular under the Product Liability Act. Liability due to guarantees assumed or defects fraudulently concealed remains unaffected.

11.2 In the event of simple negligence, we are liable for the breach of essential contractual obligations. These are obligations whose fulfillment enables the proper execution of the contract and on whose compliance the customer can regularly rely. In these cases, liability is limited to the contract-typical damage foreseeable at the time the contract was concluded. Otherwise, liability for simple negligence is excluded unless Section 11.1 or mandatory law conflicts with this.

11.3 The above regulations apply accordingly to our legal representatives and vicarious agents. Legal claims for supplementary performance, withdrawal and reduction are not excluded here.

12. Applicable Law and Dispute Resolution

12.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that it does not take away the protection of mandatory provisions of the law applicable without a choice of law, in particular the right to the consumer's habitual residence.

12.2 The statutory places of jurisdiction apply to consumers. An exclusive place of jurisdiction in Mönchengladbach is not agreed for consumers. There is also no additional jurisdiction agreement for entrepreneurs.

12.3 We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. Statutory information obligations in the event of a specific dispute remain unaffected.