This Agreement governs exclusively the use of the tVNS device under the Try-It Model (hire-purchase option).
It applies in addition to the General Terms and Conditions (GTC) of tVNS Technologies GmbH (as at: May 2026).
In the event of any conflict, this Agreement takes precedence over the GTC.
1) Subject Matter of the Agreement, Scope of Application and Territory of Use
(1) This Agreement governs the provision of a new tVNS device under the Try-It Model (hire-purchase option). The model combines a time-limited period of use with an optional purchase option at the end of the trial period.
(2) The Seller (tVNS Technologies GmbH, hereinafter the “Seller”) provides the Customer with the device for use for a trial period of 180 calendar days in return for payment of a one-off flat usage fee.
(3) “Territory of Use” within the meaning of this Agreement means exclusively the following states and territories, in which the device may be operated, used and kept during the term of the Agreement:
(4) The Territory of Use does not include, in particular, Andorra or any states outside the group named in paragraph 3. Customers with a delivery address outside the Territory of Use are excluded from the Try-It Model.
2) Prices, Due Dates and Payment Terms
(1) The flat usage fee for the 180-day trial period is EUR 1,500 gross (incl. 19% German VAT as a guide value; the actual rate of tax is determined by the country of delivery under the OSS procedure). This amount falls due for payment immediately upon conclusion of the Agreement.
(2) If the Customer decides to purchase the device after expiry of the trial period, a further purchase instalment of EUR 2,000 gross (incl. 19% VAT as a guide value) falls due. The total purchase price is therefore EUR 3,500 gross (incl. 19% VAT).
(3) Price note: The gross prices stated in this Agreement (EUR 1,500, EUR 2,000, EUR 3,500) are guide values based on 19% German VAT. The VAT rate actually applicable is determined by the rate in force in the country of delivery (OSS procedure). The total amount finally shown at checkout is the binding purchase price. Deliveries to the United Kingdom, Switzerland and Norway are made net of tax; any import duties are to be borne by the Customer.
(4) PayPal and Direct Bank Transfer are the only permitted means of payment.
(5) Default occurs without any further reminder if a payment due is not settled within 14 calendar days of the relevant due date. From the first day of default, default interest at the statutory rate (§ 288 BGB, German Civil Code) and reasonable reminder costs are payable.
3) Retention of Title
A) Provisions applying to all Customers (Consumers and Entrepreneurs)
(1) The device remains the exclusive property of the Seller until the total purchase price (EUR 3,500 gross) has been paid in full.
(2) The Customer is not entitled to pledge the device, transfer it by way of security, dispose of it or otherwise encumber or transfer it during the trial phase or before payment in full. Any breach of this entitles the Seller to demand immediate return of the device.
B) Supplementary provisions applying exclusively to Entrepreneurs (§ 14 BGB)
(3) For Entrepreneurs, an extended retention of title applies in addition: title to the device is retained until settlement of all present and future claims of the Seller arising from the business relationship (current-account reservation). This reservation also continues to apply where individual claims have been entered into a current account.
(4) If the device is combined, mixed or processed with other items by the Entrepreneur in the exercise of its commercial activity, the Seller acquires co-ownership of the new item in the ratio of the value of the device subject to retention of title to the value of the other items used at the time of the combination or mixing (processing clause).
(5) If the device is resold by the Entrepreneur in the course of its commercial activity, the Entrepreneur hereby assigns to the Seller, by way of security and in full, the purchase price claim against the third-party purchaser arising from the resale. The Seller accepts this assignment. The Entrepreneur remains authorised to collect the claim for as long as it meets its payment obligations towards the Seller. In the event of default in payment, the Seller is entitled to revoke the collection authorisation and to claim directly against the third-party purchaser (prolonged retention of title).
(6) The Entrepreneur is obliged to disclose the Seller’s retention of title to third parties and to inform the Seller without undue delay if the device is seized or otherwise claimed by third parties.
4) Trial Period, Return and Purchase Option
(1) The trial period begins on the day the device is delivered to the Customer and ends upon expiry of 180 calendar days.
(2) After expiry of the trial period, the Customer must exercise one of the following options within 14 calendar days:
(3) If the Customer exercises neither the return option nor the purchase option within the 14-day period following expiry of the trial period, the device is deemed to have been purchased. In that case the purchase instalment of EUR 2,000 gross automatically falls due for payment immediately. The Seller is additionally entitled, at its own discretion, to demand return of the device at the Customer’s expense as an alternative, and to assert a claim for damages in respect of the unauthorised continued use.
(4) An early decision to purchase (before expiry of the 180 days) is possible at any time. The flat usage fee already paid is credited against the total purchase price.
5) Obligations of the Customer During the Period of Use
(1) The Customer is obliged to use the device exclusively in accordance with the enclosed instructions for use.
(2) The Customer must treat the device with care and protect it from damage, moisture and improper storage.
(3) Repairs and technical interventions may be carried out exclusively by the Seller or by bodies authorised by the Seller. Unauthorised interventions result in the loss of warranty claims and may give rise to claims for damages by the Seller.
(4) In the event of loss of, or irreparable damage to, the device during the period of use, the Customer is obliged to pay the full purchase price (EUR 3,500 gross). The flat usage fee already paid is credited against this amount.
6) Right of Withdrawal and Exclusion on Hygiene Grounds
(1) Consumers have a statutory right of withdrawal of 14 days from delivery of the device 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 extends exclusively to the particular hygiene items concerned, and not automatically to the entire device set.
(3) 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 a flat-rate amount of EUR 250 gross in respect of the loss in value on hygiene grounds. The Customer remains entitled to prove that the loss was lower.
7) Warranty
(1) For Consumers, the statutory warranty rights under §§ 434 et seq. BGB apply without restriction.
(2) For consumables (in particular electrodes), no liability is accepted for damage caused by normal wear and tear, use other than as intended, or improper handling. This applies in particular to broken cables and contact faults resulting from mechanical stress.
8) Termination and Early Termination
(1) Ordinary termination of this Agreement by the Customer during the trial phase is not possible. The statutory right of withdrawal remains unaffected.
(2) The Seller is entitled to terminate the Agreement extraordinarily and to demand immediate return of the device if:
(3) In the event of extraordinary termination, the Customer is obliged to return the device without undue delay at its own expense. The flat usage fee already paid will not be refunded.
9) Final Provisions
(1) Amendments or additions to this Agreement must be made in writing. This also applies to any waiver of this written-form requirement.
(2) Should individual provisions of this Agreement be or become invalid, the validity of the remainder of the Agreement remains unaffected. The invalid provision is to be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
(3) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumer contracts with customers from other EU Member States, the mandatory consumer protection of the customer’s home country under Art. 6 of the Rome I Regulation remains unaffected.
(4) The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement 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.
This Agreement is concluded electronically through the ordering process in the online shop.
