These terms and conditions – SpiroFit (hereinafter referred to as “Conditions”) are intended for incorporation into contracts between SENDSOR GmbH, Am Brucker Feld 7, 85567 Grafing, Germany, email: info@sendsor.de, phone: +49 (0)8092 863 363 1 (hereinafter referred to as “We” or “Us”) and a customer (hereinafter referred to as “Customer”) regarding the sale of SpiroFit products (hereinafter referred to as “Contract”).

1.1.1.
The contracting parties are exclusively Us and the Customer. Third parties are not entitled under this Contract unless otherwise agreed.
1.1.2.
The Customer can be either a consumer or an entrepreneur. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the course of their commercial or independent professional activity when entering into a legal transaction; a partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and incur liabilities (§ 14 BGB). In individual cases, different provisions may apply for consumers or entrepreneurs, provided that these Conditions or the referenced provisions explicitly refer to the status of the consumer or entrepreneur.
1.1.3.
If the Customer is a natural person, a prerequisite for the sale of the SpiroFit products is that the Customer has full legal capacity, meaning they are at least 18 years old.

1.2.1.
The subject matter of the contract is the offer of SpiroFit products for purchase or rental by us to the customer in exchange for payment of the agreed compensation (hereinafter referred to as "Service").
1.2.2.
"SpiroFit products" refers to the various models or versions (e.g., SpiroFit and SpiroFit Pro Set) of a spiroergometry mask for the sports, fitness, and lifestyle sectors, which can generate fitness data for measurement, display, and analysis.
1.2.3.
We would like to point out that the SpiroFit products are intended for operation in conjunction with "SpiroFit applications," which are software applications, computer programs, and/or mobile applications offered by us for use in connection with the SpiroFit products. If the SpiroFit products are not connected to SpiroFit applications, they cannot be used as intended.

1.3.1.
The contract is concluded through our acceptance of a customer's order, the delivery of the ordered SpiroFit products by us, or the acceptance of an offer from us by the customer.
1.3.2.
All offers from us are subject to change and non-binding unless expressly stated otherwise. In particular, the presentation of SpiroFit products on our website constitutes merely an invitation for the customer to make an offer. Unless expressly stated otherwise, we may accept customer orders or requests within 14 days of receipt.
1.3.3.
The presentation of SpiroFit products on our website merely serves as a description of their characteristics and does not constitute a guarantee. Images of the SpiroFit products are for illustrative purposes only and do not form part of the contract.
1.3.4.
The provision of services is exclusively based on these terms and conditions. Conflicting business terms or unilateral amendments to these conditions by the customer will not be accepted by us. Deviating individual contractual agreements are reserved. These terms exclusively pertain to the services and do not apply to other products offered by us.

2.1.
If the SpiroFit products selected by the customer are not available or not available in the ordered quantity at the time of the customer’s order, we will inform the customer of this in the order confirmation without delay. In the event of a delivery delay of more than two weeks, we are entitled to withdraw from the contract. Any payments already made by the customer will be refunded promptly.
2.2.
If we are unable to meet binding delivery deadlines for reasons that are not our fault (unavailability of the service), we will inform the customer without delay and simultaneously provide the estimated new delivery deadline. If the service is also unavailable within the new delivery period, we are entitled to withdraw from the contract in whole or in part; any performance already rendered by the customer will be refunded promptly. Unavailability of the service is, for example, the case when we are not timely supplied by our supplier, if we have concluded a congruent covering transaction, in the event of other disruptions in the supply chain such as due to force majeure, or if we are not obligated to procure in the individual case.
2.3.
The occurrence of our delivery delay is determined by the statutory provisions. If we become delayed with the delivery, the customer must set us a reasonable grace period, which must not be less than two weeks. Only after the unsuccessful expiration of this grace period is the customer entitled to withdraw from the contract.
2.4.
The customer's rights under these conditions and our statutory rights, particularly in the event of exclusion of the obligation to perform (e.g., due to impossibility or unreasonableness of the performance and/or subsequent fulfillment), remain unaffected.

3.1.
Unless otherwise stated, all prices indicated are gross prices including the statutory value-added tax and are exclusive of shipping costs, which include the costs of any transport insurance we may have taken out.
3.2.
We will provide the customer with our bank account details in advance (e.g., in the order confirmation). We only accept payments from accounts within the European Union; in no case shall we bear the costs of a money transaction.
3.3.
The customer is not entitled to offset our claims unless the counterclaims of the customer are legally established or undisputed. The customer is also entitled to offset our claims if they assert defects or counterclaims arising from the same purchase agreement.
3.4.
If the customer is a consumer, we will use the same payment method for the refund that the customer used for the payment. Sentence 1 does not apply if something different has been expressly agreed upon and this does not incur any costs for the consumer. In the case of a payment via a bank transfer from account to account, we will transfer the amount to the account used by the consumer, provided they do not provide us with a different account information.

4.1.
There is a statutory warranty right. Our liability for defects is governed by the applicable laws.
4.2.
Applicable only to sales: Contrary to § 438 para. 1 no. 3 of the German Civil Code (BGB), the general limitation period for claims arising from material and legal defects against entrepreneurs is, however, only one year from delivery; if an acceptance is agreed upon, the limitation period begins with the acceptance. The following clause 5 applies accordingly to claims for damages and reimbursement of expenses.

5.1.
We are liable without contractual limitation according to statutory provisions (a) for damages based on the lack of a quality for which we have provided a guarantee; (b) in cases of intent; (c) for damages resulting from the fraudulent concealment of a defect; (d) for damages arising from injury to life, body, or health caused by intentional or negligent breaches of duty by us or by intentional or negligent conduct of our legal representatives or vicarious agents; (e) for other damages not covered under item (d) of these conditions, which are based on intentional or grossly negligent breaches of duty by us or by intentional or grossly negligent conduct of our legal representatives or vicarious agents; (f) in accordance with the Product Liability Act, the General Data Protection Regulation, and the Federal Data Protection Act.
5.2.
In cases other than those listed in the preceding section 5.1 of these conditions, our liability is limited to the replacement of typical and foreseeable damages, as long as the damage is based on a negligent breach of essential obligations by us or by our legal representatives or vicarious agents. Essential obligations (also referred to as "cardinal obligations") are obligations whose fulfillment is necessary for the proper execution of the contract and on which the customer regularly relies and can rely..
5.3.
In cases other than those mentioned in the two preceding sections 5.1 and 5.2 of these conditions, liability on our part, as well as that of our legal representatives and vicarious agents, for negligence is excluded.
5.4.
Applies only to rentals: A liability on our part that is independent of fault under § 536a Abs. 1 Var. 1 BGB for defects that were already present at the time of the contract conclusion is also excluded.
5.5.
The plea of contributory negligence remains unaffected.
5.6.
The above provisions in section 5 of these terms apply to all contractual and non-contractual claims for damages, regardless of their legal basis, and also correspondingly to liability for the reimbursement of futile expenses.

6.1.
This contract shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding any references to other laws. However, this choice of law shall not apply to the extent that it would deprive the customer, as a consumer, of the protection granted to him by those provisions from which no deviation is permitted under the law of the state in which the customer has his habitual residence.
6.2.
The exclusive jurisdiction for all disputes arising from or in connection with the contract between us and a customer who is a merchant, a legal entity under public law, or a special fund under public law shall be Munich, Germany. This jurisdiction agreement does not apply if an exclusive jurisdiction for the claim or the respective proceedings is legally established or if a jurisdiction agreement is inadmissible for other reasons.
6.3.
The European Commission must provide a European platform for online dispute resolution (ODR platform). The ODR platform can be found on the internet at [http://ec.europa.eu/consumers/odr/](http://ec.europa.eu/consumers/odr/).
6.4.
We are currently not participating in a voluntary dispute resolution procedure before a German consumer arbitration board. There is no legal obligation to do so.
6.5.
Changes or supplements to the contract require written form for their validity. This also applies to the amendment or repeal of this clause. Deviating individual contractual agreements take precedence.
6.6.
If the parties have agreed or will agree that a declaration requires written form for its validity, the telecommunication transmission via fax or an email that meets the requirements of the text form is sufficient for compliance, and in the case of concluding a contract, the exchange of declarations that meet the written form is sufficient.
6.7.
If a provision of the contract becomes wholly or partially ineffective, invalid, or unenforceable, the rest of the contract remains valid. The ineffective or unenforceable provision shall be replaced through interpretation or, alternatively, through reclassification or through a separate agreement with that effective and enforceable provision that corresponds to the meaning and purpose of the ineffective or unenforceable provision or comes closest to it, provided that the content of the contract is not fundamentally altered by this. The same applies to gaps in the contract.

Customers who are consumers have the right of withdrawal as described below. However, we would like to point out that this right of withdrawal may be excluded if a seal that has been removed is present (see section 2 of this annex for details).

You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise the right to cancel, you must inform us (SENDSOR GmbH, Am Brucker Feld 7, 85567 Grafing, Tel.: +49 (0)8092 863 363 1, E-Mail: info@sendsor.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.


If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

(If you wish to cancel the contract, please complete and return this form).

We would like to point out that the aforementioned right of cancellation pursuant to Section 312g (2) No. 3 of the German Civil Code (BGB) is excluded for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. SpiroFit products may be such goods, so that cancellation may be excluded if the customer removes the seal from the SpiroFit products after delivery. © 2024 SpiroFit