HOCOMA AG TERMS OF SALE

1. Scope

Hocoma AG, Industriestrasse 4, CH-8604 Volketswil, Switzerland, Phone: +41 43 444 2200, eMail address: support@valedotherapy.com

Authorized representatives: Dr. Gery Colombo, CEO; Martin Keller, CFO; Hocoma AG, Industriestrasse 4, CH-8604 Volketswil, Switzerland (“Hocoma”) sells the products offered in the online shop (“Online Shop”) according to the following Terms of Sale. Any deviating and supplemental terms and conditions on your part are excluded, even if Hocoma does not explicitly object to them.

2. Right to and power of cancellation

Power of cancellation

Right to cancellation

You have the right to cancel this contract within fourteen days without stating any reasons.
The cancellation period is fourteen days as of the day when you or a third person appointed by you, who is not the shipper, took possession of the goods.

In order to exercise your right to cancellation and to ensure that we can clearly allocate your purchase, you must notify us at www.valedotherapy.com about your decision to cancel this contract. We will then give you a form that you can use to send the goods back to our logistics partner.

To remain within the cancellation period just make sure you send the notice informing us that you are exercising your right to cancellation before the cancellation period has expired.

Consequences of a cancellation

When you cancel this contract, we shall immediately reimburse you for all payments that we received from you, including shipping costs (excluding any additional costs that arise in connection with your choice of a shipping method other than the most cost-efficient standard shipping offered by us) within fourteen days from the day when we receive your contract cancellation notice. For the reimbursement we shall use the same type of payment that you used in the original transaction, unless we mutually agreed on some other form of payment; we will not charge you any fees for this reimbursement. We have the right to deny reimbursement until we have received the returned goods or until you have furnished us with proof that you have sent the goods back, whichever is earlier.

You shall return the goods immediately and in any case within fourteen days from when you notified us about cancelling this contract. You are considered to be within the required period if you send the goods before 14 days have passed. You bear the direct costs for shipping the goods back to us. You will have to bear the costs for a potential loss of value of the goods only if this loss of value resulted from inappropriate handling of the goods during your inspection of their quality, characteristics and functionality.

3. Costs of the return shipment in case of a cancellation

You shall bear the direct costs of the return shipment in the event of a cancellation.

4. User account

During your first Online Shop order you can choose to create a user account. This user account provides you with the opportunity to login at a later point in time and change your settings. When you log in with your login information during subsequent orders, you will not be required to re-enter your shipping information. When setting up your user account, you will be asked to enter your eMail address and a password. However, you can also order from the Online Shop without creating a user account.

5. Contract conclusion and information on the order process

5.1 Hocoma's offerings in the Online Shop are subject to change, meaning that Hocoma reserves the right to accept your order.
5.2 Before completing your order, you will be shown all selected products for a final check on a screen. You will thus be able to check for any mistakes in the order and may correct them before the binding submission of your order. Once you press the order button in the order summary screen, you have submitted your order and thus made a binding offer. Hocoma reserves the right to accept your purchase offer.
5.3 When accepting your offer, Hocoma will display an order confirmation, which you may print out. This on-screen order confirmation indicates that the binding purchase contract for your selected products has been concluded. After the on-screen order confirmation appears, you will receive an eMail confirmation of your purchase contract.
5.4 The language of contract will be in German. The contract text will be saved by Hocoma after the contract is concluded, but it will no longer be available to you.

6. Delivery and service terms

6.1 Delivery periods and delivery dates are based on the information entered during the order process.
6.2 Different delivery times may apply when you order several products at once. 
6.3 The products are shipped within the Federal Republic of Germany and Austria by the United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss, Germany, Authorized representative: Managing Partner: UPS Deutschland Management LLC Officer: Jim Barber, D. Scott Davis, Teri P. McClure, Kurt P. Kuehn, Michael Mensing. 
Within Switzerland, the products are shipped by Die Schweizerische Post AG, Authorized Representative: Post CH AG, PostLogistics, 9001 St. Gallen, Switzerland.

7. Prices, terms of payment

7.1 Product prices are determined based on the applicable prices listed in the Online Shop during the order. The prices listed are applicable in euro for orders from Germany and Austria and in Swiss franc for orders from Switzerland. The prices include the respective legally applicable value added tax/sales tax of the target country. The respective delivery and shipping costs are listed separately.
7.2 Payments can only be made via credit or debit card or via PayPal.
7.3 The purchase price is immediately due upon conclusion of the purchase contract. The products are shipped as soon as payment has been received. Once Hocoma has accepted your order, your credit or debit card or your PayPal customer account will be charged. 
7.4 You will only have a justified claim for settlement if your counterclaim is indisputable or has been established as legally binding.
7.5 You may only assert a right of retention if your counterclaim is based on the same contractual relationship.

8. Reservation of title

8.1 The products remain the property of Hocoma until they have been paid in full.
8.2 You are obligated to handle the reserved products with care for the duration of the reservation of title.
9. Your rights in the event of defects
You are entitled to assert warranty rights except the right to a discounted purchase price. For claims for damages Section 10 applies.  

10. Liability and compensation for damages

10.1 Hocoma's liability with respect to compensation for damages resulting from simple negligence, regardless of the legal cause, is restricted as follows: 
(i) In the event of a violation of essential duties arising from the obligation, Hocoma's liability is limited to contract-typical, foreseeable damages;
(ii) Hocoma is otherwise not liable in the event of simple negligence.
10.2 The aforementioned liability restrictions do not apply in case of mandatory legal liability (particularly pursuant to the Product Liability Act) and in case of culpably caused injury to life, limb/body or health. It also does not apply if and to the extent that Hocoma granted a warranty.
10.3 Sections 10.1 and 10.2 apply accordingly to Hocoma's liability in case of futile expenses. 
10.4 You are obligated to take appropriate measures to prevent and minimize damages.

Caution: All Hocoma products are medical devices and must be used in strict adherence to the user manual and only according to the recommendations contained therein; failure to do so may result in personal injury. Please contact Hocoma should you have any questions. For the latest available information about the medical indications, contraindications, side effects and risks associated with the Valedo® sensor and software application (the Valedo System) it is strongly recommended that you regularly consult Hocoma’s website: www.hocoma.com/legalnotes.

The Valedo System is marketed for home use and is intended to improve back health and to prevent nonspecific low back pain by promoting specific movements and exercises. Movement and exercise are associated with potential risk of injury. Users of the Valedo System are responsible for their movement and exercise and manner in which they use the product. For specific product information you should regularly consult the current summary of product characteristics at www.valedotherapy.com.

While there may be information in the Valedo System, the user manual and in marketing materials related to certain medical conditions and their treatment, promptly consult your own doctor or qualified medical personnel about using the Valedo System if you are currently injured, medicated or under a doctor's care for a medical condition. The Valedo System is not designed or intended to diagnose specific ailments or conditions, nor does Hocoma offer personalized medical diagnosis or patient-specific treatment advice.

Failure to consult qualified medical personnel before using the product or any failure to follow either their recommendations or the product instructions can result in personal injury.  If at any time after beginning use of the product you experience discomfort or pain, loss of range of movement, or any other problem, stop using the product immediately and consult qualified medical personnel.

Disclaimer: This information provides details about medical products, which may not be available in all countries and may not have received approval or market clearance by all governmental regulatory bodies throughout the world. Nothing herein should be construed as a solicitation or promotion of any product or of an indication of any specific use for any product which is not authorized by the laws and regulations of the country where the reader of this information resides.

11. Relevant Codes of Conduct

Hocoma complies with the privacy policy, which you may reference anytime at www.valedotherapy.com.

12. Customer service / Complaints

If you have any questions, claims or complaints, you can reach our customer service at the following number +41 43 444 2200 or via eMail at support@valedotherapy.com.

13. Choice of law

These Terms of Sale and all questions, claims or disputes that could arise from or in connection with contracts concluded via the Online Shop are governed by Swiss Law.