Terms of service

Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Terms of Payment
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution
1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of LS Medical GmbH (hereinafter "Seller") apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business, or profession when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. 2.3 The Seller may accept the Customer’s offer within five days:

by transmitting a written order confirmation or an order confirmation in text form (fax or e-mail) to the Customer, whereby the time of receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby the time of receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the dispatch of the offer by the Customer and ends at the close of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if the Customer does not have a PayPal account—subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When ordering via the seller's online order form, the text of the contract is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g., e-mail, fax, or letter) after the order has been submitted. The seller does not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop prior to submitting the order, the order data is archived on the seller's website and can be retrieved by the customer free of charge via their password-protected user account by entering the corresponding login details.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. The browser’s zoom function, which enlarges the on-screen display, can serve as an effective technical tool for better identifying input errors. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the order process.

2.7 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.

2.8 Order processing and communication generally take place via email and automated order processing systems. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to handle order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the seller’s instructions on the right of withdrawal.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices and include statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by financial institutions (e.g., transfer fees, currency exchange fees) or import duties and taxes (e.g., customs duties). Such costs related to money transfers may also arise if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the customer in the seller's online shop.

4.4 If a payment method offered via the "Shopify Payments" service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may utilize other payment services; special payment terms may apply to these, and the customer will be notified of such terms separately where applicable. Further information regarding "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping terms

5.1 If the seller offers shipping of the goods, delivery takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified during the seller's order processing is the address that applies to the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of initial delivery if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provision set out in the seller's instructions on the right of withdrawal applies if the customer effectively exercises that right.

5.3 If the customer acts as a business, the risk of accidental loss or accidental deterioration of the sold goods passes to the customer as soon as the seller has handed the goods over to the freight forwarder, carrier, or other person or entity designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes to the customer only upon delivery of the goods to the customer or to a person authorized to receive them. By way of exception to this, the risk of accidental loss or accidental deterioration of the sold goods passes to the customer—even in the case of consumers—as soon as the seller has handed the goods over to the freight forwarder, carrier, or other person or entity designated to carry out the shipment, if the customer...

6) Retention of Title

If the seller performs in advance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided for in the following regulations, the statutory provisions regarding liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If the customer acts as an entrepreneur:

the seller has the choice regarding the method of subsequent performance;
for new goods, the limitation period for claims based on defects is one year from the delivery of the goods;
for used goods, claims based on defects are excluded;
the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The liability limitations and reductions in time limits set out above do not apply:

to claims for damages and reimbursement of expenses made by the customer,
in the event that the seller has fraudulently concealed the defect,
to goods that have been used for a building in accordance with their customary use and have caused the defectiveness thereof,
to any existing obligation of the seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant (*Kaufmann*) within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved. 7.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and to notify the seller accordingly. Failure to do so has no effect on the customer's statutory or contractual claims regarding defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims—including those arising from tort—for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal grounds:

in the event of willful intent or gross negligence,
in the event of intentional or negligent injury to life, body, or health,
based on a guarantee promise, unless otherwise stipulated in that regard,
based on mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability provisions also apply to the seller's liability for its vicarious agents and legal representatives.

9) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the consumer is not deprived of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10) Place of Jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller is entitled in any event to bring an action before the court at the customer's place of business.

11) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

As of: 06.07.2026, 06:31:42