§ 1 Provider, scope, customer group
(1) These General Terms and Conditions (GTC) apply to all contracts for the supply of goods and for repair and service work concluded between
EuP Entwicklung und Produktion UG (haftungsbeschränkt), Bölschestr. 72, 12587 Berlin, represented by Marcin Majchrzak, phone +49 30 65 48 92 76, e-mail info@entwicklung-produktion.de, Amtsgericht Berlin-Charlottenburg HRB 275409 B, VAT ID DE454651765
– hereinafter the “Provider” – and its customers via the online shop, the repair form or by other means.
(2) The offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. No contracts are concluded with consumers within the meaning of § 13 BGB.
(3) When placing an order or awarding a contract, the customer shall prove its status as an entrepreneur by providing a valid VAT identification number or other suitable evidence, in particular a trade registration, an extract from the commercial register or a certificate from the tax office confirming tax registration. The Provider is entitled to verify the information provided and not to accept orders until verification has been completed, or to reject them if no proof is provided.
(4) By placing an order or awarding a contract, the customer confirms that it is acting in the exercise of its commercial or independent professional activity. If this statement proves to be incorrect, the Provider is entitled to withdraw from the contract.
(5) Deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract, even if the Provider does not expressly object to them, unless the Provider expressly agrees to their validity in text form.
(6) A concluded contract is governed by the GTC incorporated at the time the contract was concluded. A new version applies to existing contracts only if its application is separately agreed. For new contracts, the version in force at the time is notified and incorporated before the contract is concluded.
§ 2 Subject matter of the contract
The subject matter of the contracts is
- the sale of new and used goods, in particular EMS electrodes, electrode vests, EMS devices and accessories,
- testing, repair and service work on EMS equipment (§ 9),
- consulting and additional services.
The details are set out in the respective product or service description, the order confirmation or the cost estimate.
§ 3 Conclusion of contract
(1) The presentation of goods and services in the online shop does not constitute a binding offer but an invitation to submit an offer.
(2) By submitting the order, the customer makes a binding offer. The automatically sent acknowledgement of receipt does not yet constitute acceptance. The contract is concluded by an order confirmation in text form, by dispatch of the goods or by performance of the service.
(3) § 9(1) to (3) applies to repairs.
(4) The Provider stores the text of the contract. The customer has no direct access to it via the shop system.
§ 4 Prices
(1) All prices are stated in euros net, plus the applicable statutory value added tax and plus the shipping and collection costs stated in each case.
(2) The treatment for VAT purposes is governed by the statutory provisions applicable at the time.
(3) Customs duties, import taxes and levies may be incurred for deliveries to countries outside the EU; these shall be borne by the customer.
§ 5 Payment, default, set-off
(1) The payment methods displayed in the online shop are available. The Provider reserves the right not to offer individual payment methods in individual cases.
(2) In the case of payment in advance, the amount is due upon conclusion of the contract. In the case of payment on account, the invoice amount shall be paid without deduction within 3 calendar days of receipt of the invoice, unless the invoice or offer specifies a different period.
(3) Upon expiry of the payment period, the customer is in default without a reminder. The statutory default interest and the lump-sum default charge under § 288(2) and (5) BGB apply.
(4) The customer may only set off claims that are undisputed or have been finally established by a court. The customer is entitled to a right of retention only insofar as its counterclaim is based on the same contractual relationship.
§ 6 Delivery and transfer of risk
(1) Delivery is made to the delivery address specified by the customer. Unless otherwise stated in the offer and provided that production or procurement does not prevent it, goods are dispatched within an average of 3 working days of receipt of payment or, in the case of purchase on account, of conclusion of the contract. Delivery periods are binding only if they have been expressly agreed as binding.
(2) Partial deliveries are permissible insofar as they are reasonable for the customer.
(3) If the Provider is not supplied by its supplier despite having concluded a congruent covering transaction in good time, or if there is any other permanent impediment to performance for which the Provider is not responsible, in particular force majeure, the Provider may withdraw from the contract in whole or in part. Any consideration already provided will be refunded without undue delay.
(4) The risk of accidental loss and accidental deterioration passes to the customer upon handover of the goods to the carrier. This also applies to the return of repaired devices or devices returned unrepaired.
§ 7 Retention of title
The goods delivered remain the property of the Provider until paid for in full.
§ 8 Rights in respect of defects in the supply of goods
(1) Claims for defects in new and used goods become time-barred one year after delivery.
(2) In the case of subsequent performance, the Provider shall choose between rectification and replacement delivery.
(3) If the customer is a merchant, § 377 HGB applies. Obvious defects and defects recognisable upon proper inspection shall be notified in text form without undue delay after delivery; otherwise the goods shall be deemed approved in this respect, unless the defect was fraudulently concealed.
(4) The shortening of the limitation period under paragraph 1 does not apply to claims based on intent, gross negligence, injury to life, body or health, breach of material contractual obligations, fraudulently concealed defects or an assumed guarantee, nor to statutory recourse claims.
(5) A guarantee exists only if the Provider has expressly declared it as a guarantee in text form.
§ 9 Testing, repair and service work
(1) The customer registers devices for testing via the repair form and sends them in or has them collected. The registration constitutes an offer to conclude a testing contract, which the Provider accepts by confirmation in text form. The shipping and collection costs stated in each case apply to sending in and collection, including where a shipping label provided by the Provider is used.
(2) The Provider tests the device and prepares a non-binding cost estimate. Testing and the cost estimate are free of charge.
(3) The repair contract is concluded when the customer approves the cost estimate in text form. The remuneration is based on the approved cost estimate. If it becomes apparent during the repair that the cost estimate will be substantially exceeded, the Provider shall inform the customer and shall continue the work only after renewed approval.
(4) If the customer rejects the cost estimate, the Provider shall return the device unrepaired. The costs of return shipment shall be borne by the customer.
(5) If the customer neither approves nor rejects the cost estimate within 8 weeks of receipt, or does not accept or pay for a completed device or a device to be returned within 8 weeks of notification, the Provider shall charge a storage fee of €10.00 net for each month or part thereof from that point onwards.
(6) Before sending in the device, the customer shall back up any data stored on the device and remove any accessories not relevant to the repair. The Provider accepts no liability for accessories sent in that were not specified in the form, unless § 10(1) applies.
(7) Claims for defects in the repair work become time-barred 12 months after acceptance. In the case of subsequent performance, the Provider shall choose between rectification and re-performance. § 8(4) applies accordingly.
§ 10 Liability
(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act (Produkthaftungsgesetz) and to the extent of an assumed guarantee.
(2) In the event of a slightly negligent breach of a material contractual obligation, the Provider’s liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the customer may regularly rely.
(3) In all other respects, liability for slightly negligent breaches of duty is excluded.
(4) The limitations of liability also apply in favour of the Provider’s legal representatives, employees and vicarious agents.
§ 11 Assignment
The customer may assign or pledge rights and claims against the Provider only with the Provider’s prior consent. § 354a HGB remains unaffected.
§ 12 Contract language
The contract language is German. Translations of these GTC and of the website are provided for information purposes only; in the event of any discrepancies, the German version shall prevail.
§ 13 Choice of law and place of jurisdiction
(1) 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).
(2) The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Berlin, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. The Provider is also entitled to bring an action at the customer’s registered office.
§ 14 Data protection
The Provider processes personal data in connection with the initiation, conclusion and performance of contracts in accordance with its privacy policy.
§ 15 Final provisions
Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
Last updated: November 2026
