General Terms and Conditions of OT Vision GmbH (AGB) Status 19.12.2018
I. General scope of application 1. the general terms and conditions of business (hereinafter referred to as "terms and conditions") of OT Vision GmbH (hereinafter referred to as "seller") shall apply to all contracts concluded by a consumer (within the meaning of § 13 BGB) or entrepreneur (within the meaning of § 14 BGB) (hereinafter referred to as "customer") with the seller in respect of all goods, offers and services provided by the seller in his business premises at Bahnstrasse 16, 8603 Schwerzenbach/Zurich and/or goods, offers and services presented in his online presence. 2. subsidiary agreements, contract amendments, as well as verbal promises made by our sales and service personnel, as well as by our field and office staff, require express written confirmation to be valid, insofar as this results in any obligation for us. 3) The data of our customers relevant for the processing of the contractual relationship are stored and processed by the seller by computer. 4) General terms and conditions of the customer shall only apply insofar as the seller has expressly agreed to them in writing. 5th Should individual provisions of these "General Terms and Conditions" due to mandatory statutory provisions be invalid, the "General Terms and Conditions" with the exception of the invalid provisions remain legally binding.
II. information, advice, offer and conclusion of contract 1. information and advice with regard to our products are based on our previous experience. The values stated here, as well as performance data, are average values determined within the scope of tests under normal laboratory conditions. We cannot assume an obligation to adhere exactly to the values and application possibilities. 2. offers of the seller are not binding, unless the binding nature of the offer is expressly referred to in the offer. 3. the product descriptions of the seller presented online do not represent a binding offer by the seller. They serve for the delivery of an offer by the customer. 4. the submission of the offer by the customer is made by placing an order by telephone with the seller or by the online order of the customer via the contact form. The necessary acceptance by the seller is made by sending an order confirmation to the customer; the receipt of the goods by the customer or the sending of the ordered goods to the customer is decisive; the receipt of the goods by the customer or by request of the customer for payment is decisive; after the order by the customer. 6. the Seller's information on the object of the delivery or service, with regard to weight, dimensions, utility values, load capacity, tolerances and technical data, as well as representations thereof (e.g. drawings and illustrations) are only approximately authoritative, unless the usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics of quality, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and deviations that are based on legal regulations or represent technical improvements, as well as the replacement of components with equivalent parts, are permissible, provided they do not impair the usability for the contractually intended purpose. 7. the goods are manufactured according to customer specifications. This includes the lacquering of the housing and the handpiece in the customer's desired colours as well as software changes. 8) Upon conclusion of the contract, the contract text together with the seller's terms and conditions will be handed over to the customer in writing. The contract text is not separately stored and archived by the seller. 9) For the conclusion of the contract only the German language is used.
III. guarantee agreement 1. upon conclusion of the contract, the buyer is obliged to provide a contract performance guarantee in the form of a directly enforceable guarantee in the amount of the total remuneration owed to secure the payment obligation resulting from the purchase contract. 2. if the Schufa enquiry carried out after conclusion of the contract shows that the guarantor provided has a negative entry, the buyer is obliged to provide a further contract performance guarantee at the latest 4 weeks after conclusion of the contract. This guarantor must not have a negative entry at Schufa. In the event that a further contract performance guarantee is not provided, the seller reserves the right to cancel the purchase contract.
IV. Agreement on the return costs in the event of the consumer exercising his right of revocation In the case of distance selling transactions with the consumer, the following provision shall apply with regard to the return costs: The regular costs of returning the goods will be charged to the consumer if the price of the goods to be returned does not exceed 40 euros or, in the case of a higher price of the goods, if the consumer has not yet paid the consideration or a part payment at the time of the revocation, unless the delivered goods do not correspond to the goods ordered. In all other cases, the seller shall bear the costs for the return shipment.
V. Right of revocation 1st Consumers are generally entitled to a right of revocation upon conclusion of a distance selling transaction. 2. the right of revocation within the meaning of § 355 ff BGB shall only apply if a law grants a consumer a right of revocation in accordance with § 355 BGB. This is the case for doorstep selling (§ 312 BGB), distance selling contracts (§ 312 d BGB), consumer loan agreements (§ 495 BGB) and FernUSG. 3 The right of revocation does not apply to contracts concluded with a consumer at our in-house exhibition and on our business premises. The right of revocation does not apply to goods that are manufactured according to customer specifications or clearly tailored to personal needs or which are not suitable for return due to their nature. 5 As a consumer within the meaning of § 355 BGB you may revoke your contractual declaration within 14 days without stating reasons in writing (e.g. letter, fax, e-mail) or - if the goods have been delivered to you before the expiry of the period - also by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we have fulfilled our duty to inform in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation is to be addressed to: -The seller from the written contract OT Vision GmbH Bahnstrasse 16-8603 Schwerzenbach
Consequences of revocation In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender the received services and benefits (e.g. advantages of use) in whole or in part or only in a deteriorated condition, you must compensate us for the value. For the deterioration of the goods and for the use of the goods, you must only pay compensation if the use or deterioration is due to handling of the goods that goes beyond the examination of the properties and functionality. The term "testing of properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop. Items that can be sent as a parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
Special notes The right of revocation does not apply to distance contracts for the delivery of: Goods which are produced according to customer specifications or clearly tailored to personal needs or which are not suitable for return due to their nature or which can spoil quickly or whose expiry date would be exceeded. . Audio or video recordings or of software (especially in the case of DVDs or software carriers), if the delivered data carriers have been unsealed by the consumer.
Contractual reservation of withdrawal: If the customers are registered with SCHUFA on the basis of the outstanding claims, the company reserves the right to cancel the concluded contract if the seller suspects that the instalment payment will not be carried out or if the customer does not provide the second guarantor required to secure the claim. This also applies if the Customer has received the order confirmation issued and handed over by the Seller. - End of the cancellation policy -
VI. premature termination of the rental relationship If the Seller and the Customer have concluded a rental agreement with respect to the Seller's goods, the Customer undertakes to reimburse the Seller for reasonable compensation for use in the event of premature termination of the rental relationship. The used pulses (IPL and SHR) / shots (diode laser and nd Yag laser) will be invoiced independently.
VII Prices and terms of payment 1. only the product prices stated in the order/order confirmation are decisive. Unless expressly agreed otherwise, the prices quoted are final prices which include the statutory value added tax. 2. additional delivery and shipping costs may arise for the delivery of the seller's goods outside the Federal Republic of Germany. These include, among other things, import duties and taxes, which are to be borne by the customer. More detailed information on this can be obtained from the seller on request. 3 The seller offers the following payment options: - Bank transfer (By arrangement, the goods can be collected from the Seller's business premises in Hilden in the event of prior receipt of payment) - PayPal - cash payment (by arrangement, the goods can be collected from the seller's premises in Hilden against cash payment) 4. if the seller and the customer have agreed to make a down payment, the production of the ordered goods will begin after the agreed down payment has been made If advance payment has been agreed between the Seller and the Customer, payment of the total price; the manufacture of the ordered goods shall commence upon receipt of the total price in the Seller's business account. 5. the seller reserves the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries which take place four months or more after conclusion of the contract. 6. if a rental agreement has been concluded between the seller and the customer for a product of the seller, the production of the ordered goods shall begin after the agreed deposit has been paid. Unless otherwise agreed in writing, the payment of the purchase price, the deposit or the deposit is due within 14 days after conclusion of the contract. After expiry of the period for payment, the buyer is in default of payment. In the event of default of payment from 30 days after conclusion of the contract, interest on arrears will be charged at a rate of 8 % points above the respective base interest rate. We reserve the right to assert higher damages caused by default. In this case, however, the buyer has the right to prove that the seller has not incurred higher damages as a result of the delay in payment. The seller's claim to the commercial due date interest (§ 353 HGB) against merchants remains unaffected. 8) The agreed instalment payments are to be made punctually and without special request. The seller charges the buyer for the amount of the instalment with which the buyer is in arrears, default interest at a rate of 8 %- points above the respective base interest rate. If the Customer is in default with at least two consecutive instalments, in whole or in part, and if the outstanding amount is not paid within the two-week period set by the Seller, the Seller may demand that the Buyer immediately repay the remaining amount under the purchase agreement. This shall also apply if the Buyer hands over the equipment to a third party before full payment has been made without the Seller's written consent.
9. for the security purpose of the claims from the instalment purchase contract, the buyer offers the seller the assignment of the attachable part of the wage and salary claims and / or claims for social security from the buyer. This includes the garnishable part of the present and future wage/salary, severance payment, pension, retirement, pension, retirement pay, commission, bonus, profit sharing and military pay claims against the employer/servant and/or the respective benefit obligor as well as the respective garnishable part of all current and future claims to garnishable social benefits (in particular unemployment benefit, unemployment benefit II, transfer short-time work, short-time work and insolvency compensation, sickness benefit, transitional allowance, insolvency benefit, pensions due to incapacity to work, reduction in earning capacity, occupational disability and old age as well as pensions to surviving dependents including any severance payments and reimbursement of contributions) in accordance with § 53 SGB I against the respective benefit provider in accordance with § 12 SGB I. The assignment is limited to the total amount of the concluded instalment purchase agreement plus a flat rate of 10% of the amount to cover any interest on arrears and legal costs. The Seller shall only disclose the assignment and include the assigned claims with the third-party debtor if the Purchaser is in default with at least two instalments and the Seller has been threatened with disclosure of the assignment one month in advance in writing, whereby the threat of disclosure may be combined with a written demand for payment. A deadline does not need to be set if the buyer has stopped payments or the opening of judicial insolvency proceedings has been applied for regarding the buyer's assets. The assignment of claims shall not apply if the claims secured by it are fully satisfied. The retention of payments due to or the offsetting of counterclaims by the buyer are only permissible if these counterclaims are undisputed or have been legally established. 11. if, after conclusion of the contract, it becomes apparent that the seller's claim to the purchase price is jeopardised by the buyer's lack of ability to pay (as, for example, in the case of an application for the opening of insolvency proceedings), the seller is entitled to withdraw from the contract in accordance with the statutory provisions on refusal of performance and - if necessary after setting a deadline - to withdraw from the contract (§ 321 BGB). 12) In the case of instalment purchases or the conclusion of a rental agreement, the buyer or hirer must inform the seller or landlord immediately of the change of address when moving house. This shall also apply in the event of a change of all contact data, such as e-mail, telephone number, etc. If an instalment purchase agreement has been concluded and one or more directly liable guarantors have been named, this obligation shall also apply to each guarantor. The new contact details must be immediately communicated to the customer service of OT Vision GmbH. This obligation is valid until full payment has been made in the case of instalment purchases or until the rental object has been handed over to OT Vision GmbH. 13. ownership of the equipment shall only be transferred to the purchaser upon complete payment.
VIII. Terms of delivery 1. the goods shall be delivered to the delivery address indicated by the customer via the shipping route. The choice of the transport person, the type and route of transport is solely at the discretion of the seller. 2. the earliest time of delivery is 15 working days from receipt of the purchase price or down payment or deposit on the business account of the seller. There is no right to a training on site. 3) At the request of the customer, a training course on the use of the delivered goods can take place at the place of delivery. In this case, the earliest delivery date is 25 working days from receipt of the purchase price or deposit or security on the business account of the seller. The seller reserves the right to delay the delivery by a further 14 working days in the event that delivery is not possible at an earlier date for reasons for which the seller is not responsible. In this case the customer will be informed immediately of the delay in delivery. 5. deadlines and dates for deliveries and services promised by the seller are always only approximate, unless a fixed deadline or a fixed date has been expressly promised or agreed in writing. If dispatch has been agreed, delivery periods and dates refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport. The delivery of the ordered goods presupposes that the customer has filled out and signed all documents to be submitted by him and submitted them to the seller in the original. This includes, among other things, the signed purchase / rental contract, signed directly enforceable guarantee by the guarantor, copies of identification of the customer and the guarantor. In the event of incompleteness of the documents to be submitted by the Customer, the delivery period shall be extended accordingly. In the event that delivery cannot be made due to force majeure or other circumstances that cannot be remedied, the seller's obligation to perform shall not apply. In this case, the customer is entitled to the legal claims resulting from the impossibility. The ordered goods are delivered in a transport box to ensure safe transport. This must be kept by the customer for a possible guarantee and warranty case. The transport box remains the property of OT Vision GmbH and must be handed over to the company upon request. 8. the delivery shall be "free kerbside". The delivered goods are unpacked and assembled by the customer on his own. 9. If the transport company returns the dispatched goods to the seller because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful dispatch. If the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the service offered, unless the Seller had given him reasonable notice of the service a reasonable time in advance, the Customer's obligation to pay costs shall not apply.
IX. Passing of risk: 1. the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer or to a person authorised to receive the goods upon delivery. 2) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery of the goods to a suitable transport person at the seller's place of business.
X. Retention of title 1. the seller retains title to all delivery items until all present and future claims arising from the purchase contract and an ongoing business relationship have been paid in full. 2. in the event of conduct by the buyer in breach of contract, in particular in the event of non-payment of the purchase price due, insolvency or if an application is made for the opening of insolvency proceedings, the seller is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the reservation of title. In this case the customer is obliged to return the item. The Customer is obliged to inform the Seller immediately in the event of seizure of the object of purchase or other relevant access or attempted access by third parties to the object of purchase so that the Seller can exercise its rights arising from the reservation of title.
XI. Liability for defects
If there is a defect in the purchased item, the statutory provisions shall apply. 2 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the commercial duty to examine and give notice of defects shall apply in accordance with § 377 HGB. He must carefully inspect the delivered items immediately after delivery to the buyer or to the third party designated by him and immediately notify the seller of any material defects in writing. If the customer fails to comply with the duties of notification regulated therein, the goods shall be deemed to be approved. 3. the buyer's claims for defects become time-barred one year after delivery. If an acceptance is agreed, the limitation period begins with the acceptance. If, despite all the care taken, the delivered products show a defect that was already present at the time of the transfer of risk, the seller will, subject to timely notification of defects, either repair the products or deliver replacement products at his discretion. The seller must always be given the opportunity to remedy the defect within a reasonable period of time. 5. if the subsequent performance fails, i.e. in case of impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the buyer can - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration. 6. there shall be no claims based on material defects in cases of insignificant deviations from the agreed quality, insignificant impairment of usability, normal use or normal wear and tear of consumables and wearing parts, natural wear and tear or damage arising after the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment or from particular external influences not assumed under the contract, or from non-reproducible software errors. If the customer or third parties carry out improper modifications or repair work, there shall likewise be no claims for material defects for these and the resulting consequences. 7. customer's claims for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, shall be excluded if the expenses increase because the object of the delivery has subsequently been moved to a location other than the customer's branch office, unless the move is in accordance with its intended use. 8. by way of derogation, this shall not apply to objects that have not been used for a building in accordance with their usual purpose and have caused its defectiveness: For entrepreneurs - an insignificant defect does not in principle justify any claims for defects, - the seller has the choice of the type of subsequent performance, - in the case of new goods, the limitation period for defects is one year from the transfer of risk. - the rights and claims for defects are generally excluded for used goods. - the limitation period does not start again if a replacement delivery is made within the scope of the liability for defects. - For consumers, the limitation period for claims for defects is - in the case of new goods - two years from delivery of the goods to the customer. - for used goods one year from delivery of the goods to the customer. 9. for entrepreneurs and consumers, the above liability and limitation period limitations do not apply to claims for damages and reimbursement of expenses which the customer can assert in accordance with the statutory provisions due to defects in accordance with the liability rules. Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. The same applies to entrepreneurs and consumers in the case of intentional breach of duty and fraudulent concealment of a defect. 11) If the customer acts as a consumer, the customer is asked to complain about delivered goods with obvious transport damages immediately to the delivery person and to inform the seller about it. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects. 12. if the supplementary performance is to be carried out by way of a replacement delivery, the customer shall be obliged to return the first delivered goods to OT Vision GmbH before delivery of the new device. The return of the defective goods must be carried out in accordance with the statutory provisions. 12. claims for defects which arise due to natural wear and tear, incorrect or negligent use and treatment, improper storage or unsuitable or improper use or non-observance of the instructions for use and the operating instructions by the customer are excluded. OT Vision GmbH does not assume any liability for the success of the treatment. Such a success depends on many different factors which the customer to be treated genetically brings along. Among other things, the success of the treatment in the area of permanent hair removal is dependent on the condition of the hair and the pigmentation of the skin. Hormonally caused diseases can also lead to unsuccessful treatment. Furthermore, the success of the treatment depends on the application itself and the application intervals corresponding to the hair growth cycles. The burden of proof for a technically caused failure lies with the customer.
XII. Handpiece It is pointed out that the handpieces of all IPL and SHR devices, diode lasers, as well as nd-Yag lasers contain sensitive components and therefore it cannot be excluded that these may require repair several times a year if they are not cleaned or used properly, and may have to be replaced if necessary. Despite the fact that OT Vision GmbH cannot determine in these cases whether the defect has been caused by the purchaser through improper use of the handpiece or incorrect cleaning of the handpiece, all necessary repair measures will be carried out via OT Vision GmbH's warranty obligation. A defect in the handpiece does not entitle the purchaser to withdraw from the purchase contract, if the defect is not clearly attributable to a defect when the device is handed over to the purchaser.
XIII Liability 1. the seller shall be liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows: The Seller shall be liable without limitation for any legal reason - in the event of intent or gross negligence, - in the event of negligent or intentional injury to life, body or health, - on the basis of a guarantee promise, unless otherwise regulated in this respect, - on the basis of mandatory liability such as under the Product Liability Act. 2. if the seller negligently violates an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
3) Any further liability of the seller is excluded. 4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
XIV Guarantee 1. if the seller should grant a guarantee, the legal guarantee rights of the buyer are not limited by this. If the seller should grant a guarantee, the guarantee conditions, i.e. the content and all essential details required for the assertion of the guarantee, in particular the duration and the territorial scope of the guarantee protection as well as the name and address of the seller, shall be stated in the offer. 2. the guarantee begins with the delivery of the device and extends to the free repair and free replacement of the parts recognised as defective by the seller as well as the wage necessary for the repair of the device. 3. warranty is granted for electrical/electronic components within the device, as well as the display (malfunctions) and the electronic cooling unit in the handpiece. The guarantee is provided in such a way that defective parts are repaired free of charge or replaced by faultless parts at our discretion. Devices that can reasonably be transported (e.g. in a car) and for which a warranty service is claimed with reference to this warranty are to be handed over or sent to our business premises in Hilden. 4. on the other hand, there is no guarantee for glass breakage (incl. crystal glass and filter in the handpiece as well as display crack; glass parts, glass tube), as this is not a manufacturing defect, but rather damage that can be attributed to improper handling. Natural wear and tear and wearing parts such as xenon flash lamp, padding, foils, moving parts, tubes, fasteners, mechanical connections etc. are excluded from the guarantee. With regard to handpieces, there is no defect subject to warranty. Furthermore, the guarantee does not cover wearing parts, accessories and disposable parts not intended for repair from the outset. If it is necessary to carry out work within the scope of the contractual guarantee, the seller can collect the device free of charge within the borders of the Federal Republic of Germany during the first two years of the guarantee period and return it to the customer after the repair has been carried out. There is no legal right to this. 6. the warranty period is not extended by work carried out under the contractual warranty. In particular, the replacement of a part within the scope of the guarantee does not extend the duration of the guarantee. The contractual guarantee for the replaced parts ends when the guarantee of the device expires. 7. only the type number and serial number of the device is required for assertion in a warranty case. All data on the customer's device and the current warranty status are deposited with the seller.
Guarantor: -seller from the written contract- OT-Vision GmbH - Zurich
Note: The customer loses the claim under the contractual guarantee if: - changes or conversions have been made to the device that were not carried out by the seller, in particular this applies to the replacement of lamps (IPL / SHR devices). - the security seals attached to the devices have been broken. - The distilled water has not been completely replaced every 4 weeks. - The devices have not been serviced annually by OT Vision GmbH. - The type plates attached to the units have been removed, altered or made illegible. - Improper treatment or use of the goods for purposes other than those for which they were intended is evident. - Use of parts or components not approved in writing by the seller, including the use of new, used or repaired handpieces which were not manufactured, sold or repaired by OT Vision GmbH or one of its affiliated companies. - The defect is due to intentional or grossly negligent damage caused by the user or the customer cannot prove that the instructions in the operating manual have been observed. - Excessive wear, tear or use of the device has occurred under improper conditions, e.g. in dirty, dusty surroundings or under extreme electromagnetic radiation, temperature or humidity. - Damage to the device during transport or damage resulting from an event beyond the control of the seller, e.g. fire, flood, lightning or vandalism. - Damage or malfunction of the Device as a result of inadequate or incorrect storage or storage and/or use of the Device with an unauthorised device, part or component or with a device, part or component that is not authorised or that originates from a third party. - Failure to make any payment due, whether by contract or otherwise, including payment of the purchase price. - The pulse counter has been manipulated or altered or the actual pulse level cannot be determined with certainty. - The pulse light lamps have been replaced by another supplier. - In the case of the Aqua-Dermabrasion devices (AquaPure, AquaFacial, ProFacial, HydraBeauty), the liquid solutions intended for them (AquaPure solutions, ProFacial solutions, HydraBeauty solutions) have not been used and/or unsuitable serums/ampoules/creams have been used, resulting in damage to the handpieces. The latter also applies to the ReFit devices.
OT Vision GmbH makes no warranties (whether express, implied, statutory or otherwise) as to the quality, performance, accuracy, reliability, fitness for a particular purpose or other characteristics of the product or the enclosed or associated software. SHR Germany undertakes under this warranty only to repair or replace products subject to these warranty conditions. OT Vision GmbH shall not be liable for any loss or damage of a material or immaterial nature such as purchase price, loss of profits, loss of revenue, loss of data, loss of enjoyment of life or non-availability of the product or related components which may arise directly, indirectly or as a result of products or services covered by this warranty or otherwise. This applies to loss or damage caused by:
Impairment or failure of the function of the product or related equipment due to defects or the unavailability of the product while it is in OT Vision GmbH or a specialist company, downtime and business disruption; inaccuracies in the performance of the product or related products; damage to or loss of software programs or removable data carriers; or virus attack and other causes. This limitation of liability applies to losses and damages for whatever legal reason, in particular due to negligence, tort, breach of contract, express or implied warranties and strict liability (even if OT Vision GmbH or a specialised company has been advised of the possibility of such damages). If these exclusions of liability contradict applicable law in whole or in part, OT Vision GmbH shall limit the warranty or liability to the extent permitted by applicable regulations. The liability within the scope of this guarantee is limited to the purchase price of the product. If the applicable law only provides for higher liability limits, this higher limitation of liability shall apply.
XV. loaned equipment In the event of equipment failure within the scope of a warranty or guarantee case, OT Vision GmbH shall provide the customer with loaned equipment, provided that such equipment is available in the OT Vision GmbH inventory at the time of the warranty or guarantee case. There is no claim to a loaned device. The customer undertakes to reimburse the seller for the time of use an appropriate compensation for the used impulses (for IPL and SHR devices) / shots (for laser devices).
XVI Software lockout The devices of OT Vision GmbH are equipped with a software lockout which locks the device for safety reasons if the permissible period of use of the pulse light lamps is exceeded. OT Vision GmbH will remove the lock. For safety reasons, it is not possible to hand over the code to the customer to unlock the device. The blocking function on the device is connected to the software of the device and can therefore not be cancelled.
XVII Place of jurisdiction and applicable law 1. If the customer is a merchant, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Ireland. However, the seller is also entitled to bring an action at the customer's place of business. The legal relations in connection with this contract shall be governed by German substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (C.I.S.G.). In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
XVIII Severability Clause Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should the agreements contain a loophole, the validity of the remaining provisions shall not be affected.