General Terms and Conditions (B2C)

1.1 These General Terms and Conditions apply to all contracts between GO Pro Icon EMS GmbH – hereinafter referred to as "Seller" – and consumers within the meaning of the Consumer Protection Act (KSchG) regarding the sale of EMS devices, accessories, spare parts, software-related additional services, training services, and associated service and support services, unless otherwise agreed in writing in individual cases. 1.2 A consumer is any natural person who enters into a transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. 1.3 Conflicting or different terms of the customer will only be accepted if the Seller has expressly agreed to them in writing. 1.4 Product-related additional information, safety instructions, installation instructions, warranty provisions, operating documents, and individual offer documents become part of the contract insofar as relevant.

2.1 The presentation of goods and services on the website, in catalogs, brochures, price lists, online shops, offers, or other advertising media does not constitute a binding offer to conclude a contract, but a non-binding invitation to the customer to submit an offer. 2.2 An order by the customer is considered a binding offer. The contract is only concluded when the Seller accepts this offer by order confirmation, shipping confirmation, invoice, provision of the goods, or actual delivery. 2.3 The Seller is entitled to reject orders without giving reasons, in particular in the case of objectively recognizable incorrect information, credit risks, delivery obstacles, suspicion of misuse, violation of export regulations, or obvious input errors. 2.4 The language of the contract is German. If translations are provided, the German version shall prevail in case of doubt.

3.1 The customer must provide truthful, complete, and up-to-date information during the ordering or inquiry process. This applies in particular to name, address, delivery address, billing address, contact options, and – where applicable – to safety or delivery-relevant information. 3.2 The customer is obliged to notify any changes to their data immediately. 3.3 The Seller is entitled to take measures for plausibility checks, misuse prevention, risk assessment, and identity verification to the extent permitted by law.

4.1 All prices for consumers are in Euro including statutory value added tax, unless expressly stated otherwise on the website or in the offer. 4.2 Shipping, delivery, customs, import, packaging, assembly, or other additional costs – insofar as they arise – are transparently stated before the conclusion of the ordering process or in the offer. 4.3 The prices valid at the time of the order are decisive. Obvious writing, calculation, or presentation errors are reserved.

5.1 The available payment methods are communicated to the customer before the contract is concluded. The Seller is entitled to not offer certain payment methods in individual cases or to make them dependent on a successful credit check or plausibility check. 5.2 Invoices are due immediately without deduction, unless expressly agreed otherwise. 5.3 If the customer defaults on payment, the statutory consequences of default apply. The assertion of further damages remains unaffected. 5.4 The customer may only exercise a right of retention or set-off if their counterclaims have been finally established by court, recognized, or are undisputed in the context of the main claim.

6.1 Deliveries are made to the delivery address provided by the customer. A prerequisite is its factual and actual accessibility. 6.2 Delivery periods are binding only if expressly confirmed in writing or text form as binding. Otherwise, they are non-binding estimates. 6.3 Partial deliveries are permissible as long as they are reasonable for the customer. 6.4 If acceptance of the goods is refused or delayed for reasons attributable to the customer, reasonable additional expenses, storage costs, or return shipping costs may be charged, to the extent permitted by law.

In consumer contracts, the risk of loss or damage to the goods passes to the consumer only upon delivery of the goods to the consumer or to a third party designated by them other than the carrier.

The delivered goods remain the property of the Seller until full payment. The customer must treat the goods subject to retention of title with care and protect them from access by third parties.

9.1 The statutory warranty provisions apply. Statutory consumer rights are not restricted by these GTC. 9.2 The customer is requested to report obvious transport damage, if possible, directly to the carrier and to inform the Seller immediately. The omission of such notification does not affect statutory warranty rights, but facilitates damage handling. 9.3 Information in product descriptions, operating instructions, safety data, marketing materials, or technical representations serves as product information and does not constitute an independent guarantee, unless expressly stated otherwise.

10.1 If a voluntary manufacturer's or seller's guarantee is granted for individual products, the scope, duration, conditions, exclusions, and claims are governed exclusively by the separate guarantee conditions. 10.2 A voluntary guarantee is in addition to statutory warranty rights and does not restrict them.

11.1 EMS devices, accessories, and technical systems may only be used for their intended purpose, in accordance with the operating, installation, safety, and maintenance instructions, and with due regard for any relevant health or technical application requirements. 11.2 The customer is obliged to check before commissioning whether the operating conditions, power supply, technical environment, compatibility, and – if relevant – health requirements for use are met. 11.3 Damage, malfunctions, or errors resulting from improper use, unauthorized modifications, use of non-approved components, lack of maintenance, faulty installation, external influences, or disregard of safety instructions are not within the Seller's area of responsibility, to the extent permitted by law.

12.1 The Seller is fully liable for damages resulting from injury to life, body, or health, and under mandatory statutory provisions. 12.2 For other damages, the Seller is fully liable in cases of intent and gross negligence. 12.3 In cases of slight negligence, the Seller is liable – except for personal injury – only for breach of material contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer regularly relies. In this case, liability is limited to the typical foreseeable damage. 12.4 To the extent liability is excluded or limited, this also applies to the benefit of its bodies, employees, representatives, vicarious agents, and other attributable persons.

13.1 Consumers have a statutory right of withdrawal for distance contracts. Details are set out in the separate withdrawal policy. 13.2 A contractual right of cancellation beyond statutory withdrawal or cancellation rights exists only if expressly agreed in individual cases. 13.3 If the customer exercises a statutory right of withdrawal, the statutory legal consequences apply; a flat-rate "non-refundability" of payments is not agreed with consumers.

14.1 All rights to all technical documents, product descriptions, offers, cost estimates, software components, firmware, designs, images, trademarks, drawings, operating instructions, training materials, and other materials remain with the Seller or the respective rights holder. 14.2 The customer receives – to the extent applicable – only the non-exclusive and non-transferable usage rights required for the contractual use of the product. Any further reproduction, modification, decompilation, reverse engineering, transfer, or publication is only permitted to the extent permitted by law or with express consent.

15.1 The Seller is entitled to refuse, suspend, or reverse orders or contract performance if there are objective indications of fraud, identity theft, circumvention of legal provisions, export or sanctions violations, abusive complaints, unauthorized payment risks, or other serious breaches of contract. 15.2 The assertion of statutory claims, in particular for damages, remains unaffected.

Information on the processing of personal data can be found in the Seller's separate privacy policy.

17.1 Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, to the extent that mandatory consumer protection provisions of the country in which the consumer has their habitual residence are not overridden. 17.2 For lawsuits against consumers, the statutory rules of jurisdiction apply. An agreement on jurisdiction to the detriment of consumers is not made.

18.1 If any provision of these GTC is or becomes wholly or partially invalid, the validity of the remaining provisions remains unaffected. 18.2 Amendments or additions to individual agreements require text form, to the extent permitted by law. Mandatory consumer rights remain unaffected.