General Terms and Conditions
Contractual conditions within the framework of purchase contracts concluded via the online store cnsac-medshop.com

between

 of CNSAC MedShop GmbH, Biebelrieder Str. 42, 97288 Theilheim, Register Court: Würzburg / HRB 15116, represented by Dr. Arash Kianian, VAT identification no.: DE332512838

 - hereinafter referred to as "Provider " -

 and

 the customers specified in § 2 of the contract

 - hereinafter referred to as "Customer " -

 be closed.

• 1 Scope of application, definitions

(1) The business relationship between the webshop provider (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the purchaser / customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

• 2 Conclusion of contract

(1) The customer can select products from the provider's range, in particular devices and accessories for therapy as well as accessories and consumables for the medical diagnosis of sleep apnea, and collect them in a so-called shopping cart using the "Add to cart" button. By clicking on the "Buy / Send order" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by checking the box "I have read the General Terms and Conditions and hereby accept them" and has thereby included them in his application.

(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (order confirmation). The text of the contract is stored in compliance with data protection regulations.

(3) When ordering from our offers by means of the FAX order form stored on our website by FAX or sending the FAX order form by e-mail, the customer has accepted these contractual terms and conditions by marking/checking the box "I have read the General Terms and Conditions and hereby accept them" and thereby included them in his order. The contract is only concluded when the supplier submits the declaration of acceptance, which is sent to the customer in a separate e-mail or by fax (order confirmation). In this e-mail or fax or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (order confirmation). The text of the contract is stored in compliance with data protection regulations.

(4) When ordering from our offers by e-mail to our e-mail address "info@cnsac.com", after receipt of this e-mail with the order, the provider will send the customer a confirmation of receipt by e-mail, in which the customer's order is listed again, in which the provider's GTC are included and which the customer can print out using the "Print" function. The customer must confirm the order listed in the confirmation of receipt together with the confirmation of acknowledgement of the GTC by e-mail. After receipt of this confirmation e-mail from the customer, the contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (order confirmation). The text of the contract is stored in compliance with data protection regulations.

(5) When ordering our offers by telephone, the customer must provide a valid e-mail address or fax number. After accepting the telephone order, the provider will send the customer a confirmation of receipt by e-mail or fax, in which the customer's order is listed again, in which the provider's GTC are included and which the customer can also print out using the "Print" function in the case of confirmation by e-mail. The customer must confirm the order listed in the confirmation of receipt together with the GTC by e-mail or fax. After receipt of this confirmation e-mail or the customer's confirmation fax, the contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail or separate fax (order confirmation). In this e-mail or in a separate e-mail or a separate fax, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (order confirmation). The text of the contract is stored in compliance with data protection regulations.

(6) When ordering from our offers using the "Online order" form on our website, the online order can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by marking the field "I have read the General Terms and Conditions and hereby accept them" and has thereby included them in his application/order. The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (order confirmation). The text of the contract is stored in compliance with data protection regulations.

(7) The contract shall be concluded in German in all cases.

• 3 Delivery, availability of goods

(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, the delivery time is 4-5 working days.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. The customer's statutory right of withdrawal (see § 9 of these contractual conditions) is not affected by this. In this case, the supplier is also entitled to withdraw from the contract. In this case, the provider shall reimburse any payments already made by the customer without delay.

• 4 Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

• 5 Prices and shipping costs

(1) All prices stated on the provider's website include the applicable statutory value added tax. Only entrepreneurs are shown the net prices after prior verification in the shopping cart.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. From an order value of EUR 100.00, the supplier delivers to the customer in Germany and Austria free of shipping costs. For all other countries, the shipping costs are calculated individually in our online store www.cnsac-medshop.com.

(3) The goods shall be dispatched by post. The shipping risk is borne by the provider if the customer is a consumer.

(4) In the event of revocation, the customer shall bear the direct costs of the return shipment.

• 6 Payment modalities

(1) The customer can pay in advance, in cash, by credit card, PayPal, instant bank transfer or on account. Purchase on account is only possible for customers registered in the store from the first order.

(2) The customer can change the payment method saved in their user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. By default, payments are to be made within 14 days of the invoice date without any deductions. In the case of new export customers, delivery will only be made after advance payment has been made.

(4) If the invoice amount is not settled within 14 calendar days of the invoice date or other due date, we shall be entitled to charge interest on arrears in the proven amount, at least 5% above the ECB prime rate, without the need for a special reminder.

(5) We charge a processing fee of €5 from the 1st reminder. For the 2nd reminder €10 and for the 3rd reminder €20.

(6) Invoices and reminders may be sent by post or e-mail at our discretion. The customer agrees to receive invoices electronically. Electronic invoices shall be sent to the customer by e-mail in PDF format to the e-mail address provided by the customer. At the express request of the customer, invoices can also be sent by post at any time.

(7) The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.

• 7 Warranty for material defects, guarantee

(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.

• 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

• 9 Cancellation policy

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3). Our digital products, such as HomeSleepTest (HST) measurements, are excluded from the right of withdrawal according to EU Directive 2019/2161, as they are digital content that is provided immediately and before the end of the withdrawal period.

Cancellation policy

 Right of withdrawal

You have 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 you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must send us

CNSAC MedShop GmbH

Biebelrieder Str. 42

97288 Theilheim

E-mail: info@cnsac-medshop.com

Fax: +49 9303 98 41 3 42

 of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

(1) 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 refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

(2) The right of withdrawal does not apply to 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.

(3) The provider shall provide the following information about the model withdrawal form in accordance with the statutory provisions:

Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us).

- CNSAC MedShop GmbH,Biebelrieder Str. 42, D-97288 Theilheim, e-mail info@cnsac-medshop.com, fax +49 9303 98 41 3 51

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of

   the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

__________

(*) Delete as appropriate

• 10 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Note: Please note that we have used AI services to translate our website in order to better inform our international visitors. We apologize if some words, especially technical terms, have not been translated correctly in some places.