1) Scope of Application and Definitions
(1) These General Terms and Conditions (hereinafter the “GTC”) apply to all contracts between tVNS Technologies GmbH (hereinafter the “Seller”) and its customers, irrespective of whether the contract is concluded via the online shop, by email, by telephone, in writing or by any other means.
(2) A “Consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly attributable neither to their commercial nor to their self-employed professional activity (§ 13 BGB, German Civil Code).
(3) An “Entrepreneur” within the meaning of these GTC is a natural or legal person, or a partnership with legal capacity, who or which, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity (§ 14 BGB). Where individual provisions of these GTC are expressly marked as applying exclusively to Entrepreneurs, they do not apply to Consumers.
(4) Conflicting purchasing terms and conditions of the Customer do not apply unless the Seller has expressly agreed to them in writing.
2) Conclusion of Contract
(1) Product presentations by the Seller – whether in the online shop, in catalogues or in other documents – do not constitute a legally binding offer, but an invitation to submit an offer. Printing errors and mistakes excepted.
(2) By placing an order, the Customer submits a binding offer to conclude a purchase contract. In the case of orders placed via the online shop, the Seller confirms receipt of the order electronically without undue delay; this acknowledgement of receipt does not yet constitute acceptance of the offer. The contract is concluded as soon as the Seller accepts the offer – either by an express order confirmation or by delivery of the goods. The acceptance period is 14 working days from receipt of the order. If no acceptance is given within this period, the Customer is no longer bound by their order.
(3) There is no entitlement to the conclusion of a contract. The Seller reserves the right to reject offers without giving reasons.
(4) Applies exclusively to Entrepreneurs: For Entrepreneurs, a contract may also be concluded by way of a separate written agreement (e.g. framework agreement, dealer agreement). In that case, the terms agreed therein take precedence over these GTC.
3) Subject Matter of the Contract
a) Purchase of new devices
(1) Customers have the option of purchasing new tVNS devices outright at the purchase price. Title passes to the Customer only upon payment of the purchase price in full.
b) Hire-purchase option (Try-It Model)
(2) The Try-It Model (180-day period of use with a purchase option) is governed exclusively by the separate hire-purchase agreement. That agreement takes precedence over these GTC.
c) Accessories and Consumables
(3) Accessories, including separately available electrodes, may be purchased in addition.
4) Price and Payment Terms
(1) The prices agreed at the time the contract is concluded apply. All prices are in euros. Unless expressly stated otherwise, the prices shown are gross prices including the statutory VAT applicable in Germany or in the relevant country of delivery. If a price is stated without VAT being shown separately, it is nevertheless deemed to be a gross price; statutory VAT is included therein.
(2) Unless separately agreed, the invoice amount falls due for payment immediately upon conclusion of the contract and issue of the invoice. The accepted payment methods are communicated to the Customer in the relevant ordering process or offer.
(3) Applies exclusively to Entrepreneurs: Different payment terms may be agreed in writing with Entrepreneurs. In the absence of a separate agreement, payment falls due immediately. In the event of default in payment by an Entrepreneur, the default interest rate is 9 percentage points above the base rate (§ 288(2) BGB). Cash discounts and rebates are effective only where expressly agreed in writing.
(4) Applies exclusively to Entrepreneurs: In the event of default in payment, the Seller is entitled, in addition to default interest under paragraph 3, to claim a lump-sum default charge pursuant to § 288(5) BGB. The right to assert further proven losses caused by the default is reserved.
5) Right of Withdrawal and Exclusion on Hygiene Grounds
(1) Consumers have a statutory right of withdrawal of 14 days from delivery of the goods pursuant to §§ 355 et seq. BGB. The full withdrawal instructions are available on the Seller’s website.
(2) Pursuant to § 312g(2) no. 3 BGB, the right of withdrawal is excluded for electrodes and other hygiene accessories whose protective seal has been opened after delivery or which have been used. The exclusion concerns exclusively the particular hygiene items affected, and not automatically an entire device set.
(3) Returns under the right of withdrawal must be sent to the following address: tVNS Technologies GmbH, Wetterkreuz 5, 91058 Erlangen, Germany. The Customer bears the direct costs of return (§ 357(6) BGB).
(4) If a device or an accessory with an electrode is taken back as a goodwill gesture despite having been used or despite the seal having been opened, the Seller reserves the right to retain an amount of up to EUR 250 gross in respect of the loss in value on hygiene grounds. The Customer remains entitled to prove that the loss was lower.
(5) Applies exclusively to Entrepreneurs: Entrepreneurs have no statutory right of withdrawal. Goods are taken back on a purely voluntary basis and at the Seller’s discretion.
6) Retention of Title
(1) All goods delivered remain the property of the Seller until the purchase price has been paid in full.
(2) Applies exclusively to Entrepreneurs: For Entrepreneurs, an extended retention of title applies in addition: title remains with the Seller until full settlement of all present and future claims arising from the business relationship (current-account reservation). If the goods are combined or processed with other items, the Seller acquires co-ownership in the ratio of the value of the goods subject to retention of title to the value of the other items (processing clause). In the event of resale, the Entrepreneur hereby assigns to the Seller, by way of security and in full, its purchase price claim against the third-party purchaser (prolonged retention of title). The Entrepreneur is obliged to disclose the retention of title to third parties and to inform the Seller without undue delay if the goods are seized or claimed by third parties.
(3) Applies exclusively to Entrepreneurs: If the Seller exercises its right to demand the return of goods subject to retention of title, it is entitled to set off against the return value of the goods the loss in value incurred by it as a result of the Buyer’s use in the interim, together with any benefits of use obtained by the Buyer. The benefit of use is calculated on the basis of straight-line depreciation over the expected useful life of the device. The Buyer remains entitled to prove that no loss in value has occurred, or that it was lower.
7) Warranty and Liability
(1) For Consumers, the statutory warranty rights under §§ 434 et seq. BGB apply without restriction.
(2) For electrodes and other consumables, no liability is accepted for damage caused by normal wear and tear, use other than as intended, or improper handling, in particular for broken cables and contact faults resulting from mechanical stress.
(3) The Seller is liable without limitation in cases of intent and gross negligence, and for culpable injury to life, body or health. For slight negligence, the Seller is liable only for breach of material contractual obligations (cardinal obligations). Otherwise, liability is excluded, unless mandatory statutory provisions provide otherwise.
(4) Applies exclusively to Entrepreneurs: For Entrepreneurs, the warranty period is 12 months from handover of the goods. Obvious defects must be notified in writing without undue delay, and at the latest within 7 days of receipt of the goods (§ 377 HGB, German Commercial Code). Latent defects must be notified in writing without undue delay after their discovery. Late notification results in the loss of warranty claims.
8) Conditions of Use and Safety Instructions
(1) The products may be used exclusively in accordance with their approved medical intended purpose. The Customer is obliged to read the instructions for use carefully before putting the product into operation. These contain information on indications, contraindications and safety warnings. The Seller is not liable for damage arising from divergent use, use for a purpose other than that intended, or improper use.
(2) Applies exclusively to Entrepreneurs: When handing over the device, dealers are obliged to draw end customers’ attention to the instructions for use and the medical intended purpose, and to ensure proper instruction in its use. Dealers may not advertise the products for indications that go beyond the approved intended purpose. Responsibility for compliance with the relevant medical device legislation lies with the dealer.
9) Data Protection
(1) Personal data is processed in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Further details are set out in the Seller’s privacy policy.
10) Place of Jurisdiction, Applicable Law, Language of the Contract
(1) The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC is Erlangen, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law. For Consumers, the statutory place of jurisdiction at the Consumer’s domicile applies mandatorily; a deviating agreement is not legally possible in this respect.
(3) The language of the contract is German. In the event of discrepancies in foreign-language translations, only the German version is binding.
11) Severability Clause and Final Provisions
(1) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is to be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
(2) Amendments or additions to these GTC must be made in writing.
(3) These GTC, in the version dated May 2026, supersede all previous versions.
