General Terms and Conditions / Terms of Use

2N8life GmbH, Germeringer Straße 32, 82152 Planegg, info@2n8life.com, registered in the Commercial Register of the Munich Local Court under HRB 256350, represented by Managing Director Andreas Wagner, VAT Identification No.: DE 317940456, is hereinafter referred to as the “Provider”, and the user and buyer is hereinafter referred to as the “Customer”.

§ 1 Scope of Application, Definitions

(1) The following terms of use, in their version valid at the time of the order, shall apply exclusively to the business relationship between the Provider and the Customer. Deviating general terms and conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.

(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of Contract

The contract is concluded when the completed and signed contract is received by the Provider or the order is completed via the webshop, but at the latest upon provision of the service by the Provider.

§ 3 Scope of Services

The scope of services includes a complete system (control module plus cuff) for self-application. The associated app must be installed separately via a personal smartphone. Furthermore, the Customer receives results and, on a case-by-case basis, individual recommendations for action, provided these can be derived from the collected results.

§ 4 Duration of Contract Terms

(1) Unless otherwise agreed regarding the duration, the following applies:

The system is provided to the Customer in rental mode for a total of 6 days. The system should be returned to the Provider using the enclosed, pre-franked return envelope no later than the 7th day after delivery.

(2) If the return is not initiated by the 7th day after delivery at the latest (according to the postmark date), the Customer automatically defaults. The Provider can initiate the necessary steps to recover its property.

§ 5 Delivery, Product Availability

(1) The delivery times specified by the Provider are calculated from the time of order confirmation by the Provider, provided that payment has been completed. If no or no deviating delivery time is specified for the systems on the Provider’s website, it shall be a maximum of 14 days after receipt of payment.

(2) If no units of the system selected by the Customer are available at the time of order, the Provider shall immediately inform the Customer of this in the order confirmation. If the system is permanently unavailable, the Provider will refrain from accepting the order. In this case, no contract will be concluded.

(3) If the system designated by the Customer in the order is only temporarily unavailable, the Provider shall also immediately inform the Customer of this in the order confirmation.

(4) The following delivery restrictions apply: The Provider only delivers to Customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: all EU countries, Switzerland, Liechtenstein.

§ 6 Retention of Title

The rented systems remain the property of the Provider. This applies to the (blue) control modules. The (black) cuffs become the property of the Customer.

§ 7 Prices and Shipping Costs

(1) All prices stated on the Provider’s website include the applicable statutory value-added tax.

(2) Any shipping costs will be displayed to the Customer in the order form and must be borne by the Customer, unless the Customer exercises their right of withdrawal.

(3) Goods are shipped by postal service. The Provider bears the shipping risk if the Customer is a consumer.

(4) In the event of a withdrawal, the Customer shall bear the direct costs of returning the goods.

§ 8 Warranty for Material Defects, Guarantee

The Provider is liable for material defects in the rented systems according to the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). For entrepreneurs, the warranty period for systems purchased from the Provider is 12 months.

§ 9 Loss or Damage to the System to be Rented

(1) The Provider assumes liability for the systems to be rented only if expressly regulated in the contract.

(2) In the event of loss or damage to one or more components of the system, the Customer is obliged to reimburse the Provider for the damage incurred up to the amount of the purchase price or the repair price.

§ 10 Payment Terms

(1) The amount of payments results from the prices listed in the webshop, unless otherwise agreed in a subscription or purchase contract.

(2) Billing is generally done as an advance payment and is due immediately upon conclusion of the contract, unless otherwise agreed in a subscription or purchase contract.

(3) Objections to invoices must be raised in writing within eight weeks of their receipt. Legal claims of the Customer in the case of justified objections remain unaffected.

(4) Invoices are generally sent only by email to an email address provided by the Customer. Upon request, invoices will also be sent by post by the Provider.

§ 11 Liability

(1) Claims for damages by the Customer are excluded. This excludes claims for damages by the Customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract, if this was caused by simple negligence, unless it concerns claims for damages by the Customer arising from injury to life, body or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the Provider and the Customer have made an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected insofar as the Provider is a producer within the meaning of this Act.

§ 12 Indemnification

(1) The Customer agrees to indemnify and hold harmless the Provider and its affiliated companies, independent contractors and service providers, as well as each of its/their respective directors, officers, employees and representatives (collectively, the “2N8life Parties”) from any third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or in connection with:

(a) the Customer’s purchase or use or inability to use the products and services;

(b) the breach of these Terms of Use or any other applicable terms of use, policies, notices or instructions provided by the Provider or a third party in connection with the products and services;

(c) the Provider’s breach of applicable law/statute or the rights of third parties; or

(d) user content provided by him/her or feedback provided by him/her.

(2) If the Customer is not the user themselves, they must inform the user about the corresponding risks.

§ 13 Right of Withdrawal

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling contract, about which the Provider informs below in accordance with the statutory model. A sample withdrawal form can be found in paragraph (2).

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us (2N8life GmbH, Germeringer Str. 32, 82152 Planegg; info@2n8life.com) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Special Notes

The tenant’s right of withdrawal expires prematurely if the landlord has started to perform the service with the tenant’s consent before the end of the withdrawal period or if the tenant has initiated this themselves. This is the case if the rented items were sent to the tenant at the beginning of the agreed rental period. The customer acknowledges that their right of withdrawal thus expires in accordance with § 356 (4) BGB.

Consequences of Withdrawal

If the Customer withdraws from this contract, the Provider shall reimburse all payments received from the Customer, including delivery costs (with the exception of the additional costs resulting from the Customer choosing a type of delivery other than the cheapest standard delivery offered by the Provider), without undue delay and no later than fourteen days from the day on which the notification of the Customer’s withdrawal from this contract was received by the Provider. For this repayment, the Provider will use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer. In no case will the Customer be charged fees for this repayment.

The Provider may refuse repayment until it has received the goods back or until the Customer has provided proof that they have returned the goods, whichever is the earlier.

The Customer must return or hand over the goods to the Provider without undue delay and in any event no later than fourteen days from the day on which they informed the Provider of the withdrawal from this contract. The deadline is met if the Customer sends the goods before the period of fourteen days has expired.

The Customer shall bear the direct costs of returning the goods.

The Customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their quality, characteristics and functionality.

(2) The Provider informs about the sample withdrawal form according to the legal regulation as follows:

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

– To 2N8life GmbH, Germeringer Str. 32, 82152 Planegg

– I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only for communication on paper)

– Date

(*) Delete as appropriate

§ 14 Essential Contractual Obligations of the Customer

(1) The Customer must ensure that all transmitted materials are used properly and not misused or used commercially.

(2) Changes to necessary personal data, as well as in the case of direct debit procedures, changes to bank details, and for companies, changes to the company’s legal form, registered office, and billing address, must be reported immediately.

(3) When ordering online invoices (the standard case), the Customer is obliged to provide a valid email address and must always ensure that their email inbox has sufficient storage capacity for receiving invoice notifications. Should the specified email address change or become invalid, the Customer is obliged to immediately provide an up-to-date email address.

§ 15 Final Provisions

(1) The Provider reserves the right to amend these General Terms and Conditions, and/or the service or product descriptions, to restore the balance of the contractual relationship, if this is necessary due to unforeseeable, in particular technical, legal or regulatory changes after the conclusion of the contract, which the Provider cannot cause or influence, or if it has become necessary because third parties from whom the Provider obtains necessary preliminary services change their service offering.

(2) An amendment according to paragraph 1 is only permissible if it does not affect essential provisions of the contractual relationship (i.e., in particular those concerning the type and scope of the contractually agreed services and the term, including the termination clause) and the amendment is reasonable for the Customer, weighing the mutual interests of the parties.

(3) Intended changes according to paragraph 2 will be communicated to the Customer in writing at least six weeks before they become effective. If the Customer does not object to the change within a six-week period from receipt of the notification, it will become part of the contract at the time of its effectiveness. The Provider undertakes to inform the Customer in the change notification about the consequences of a failure to object.

(4) The Customer may transfer rights and obligations from this contract to a third party only with the prior written consent of the Provider.

(5) The Provider may transfer this contract as a whole or individual rights and obligations from this contract to an affiliated company within the meaning of §§ 15 et seq. of the German Stock Corporation Act (AktG).

(6) Insofar as the Customer is a merchant, a legal entity under public law, or a special fund under public law, or has no registered office in Germany, the place of jurisdiction is Munich.

(7) For all legal transactions and legal relationships between the Provider and the Customer, the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, but for customers only insofar as the protection granted by mandatory provisions of the state in which they have their habitual residence is not withdrawn.

These General Terms and Conditions and Terms of Use, as well as the Privacy Policy, can be found at www.2n8life.com. Furthermore, we are happy to answer any questions you may have at info@2n8life.com.