Terms & Conditions

1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of ARTHRO-MEDICAN LTD, 61 Archbishop Makarios III Avenue, Serghides House, Office 102, 6017 Larnaca, Cyprus (hereinafter referred to as "Seller"), apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the purchase and/or delivery of goods and services. These GTC apply to orders placed through the Seller's online shop as well as to other order methods, such as by phone, email, or fax.

1.2 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

1.3 The GTC apply in the version that is valid at the time of the order. Deviating, conflicting, or supplementary general terms and conditions of the Customer do not become part of the contract unless their validity is explicitly agreed upon. Individual agreements with the Customer always take precedence over these GTC.

1.4 These GTC apply exclusively. Should individual agreements be made, such as side agreements, supplements, or changes, these take precedence. Such agreements must be made in text form (e.g., via email) to be effective.

1.5 The Customer is obligated to provide correct and complete information when concluding the contract. The Seller reserves the right to withdraw from the contract if the Customer provides incorrect information.

2. Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers. Rather, they are invitations to the Customer to submit a binding offer to purchase.

2.2 The Customer can submit an offer via the Seller's integrated online order form. 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 offer to purchase the goods contained in the shopping cart by clicking the button that concludes the order process.

2.3 The Seller can accept the Customer's offer within five (5) working days by sending an order confirmation in text form (email) to the Customer or by delivering the ordered goods. The contract is concluded only upon acceptance by the Seller.

2.4 If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer. In this case, the Customer is no longer bound by their declaration of intent.

2.5 The Seller does not store the contract text. The Customer can print or save the contract text on their own data storage device before submitting their order.

2.6 The contract is concluded exclusively in German or English.

2.7 After the conclusion of the contract, the Customer will receive confirmation of the contract's content as well as these GTC on a durable medium (e.g., by email).

3. Subscription
3.1 The Customer has the option to subscribe to certain goods. Under the subscription, the Customer will be regularly supplied with the subscribed goods without having to place a new order each time.

3.2 Subscriptions are concluded for an indefinite period. The Customer may cancel the subscription at any time with a notice period of seven (7) days before the next delivery date. Cancellation can be made by email or through the Customer's account in the online shop.

3.3 The Seller is entitled to terminate the subscription for cause. Such cause exists if the Customer repeatedly fails to fulfill payment obligations or violates other essential contractual obligations.

4. Right of Withdrawal
4.1 Consumers generally have a statutory right of withdrawal. The exact conditions, deadlines, and consequences of the withdrawal are outlined in the Seller's withdrawal policy.

4.2 The Customer can exercise their right of withdrawal by submitting a clear declaration to the Seller. For this purpose, they may use the model withdrawal form provided by the Seller, although this is not mandatory.

4.3 The right of withdrawal does not apply to goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery, as well as to goods that were made to the Customer's specifications.

4.4 After a valid withdrawal, the Customer must return the goods immediately, but no later than within 14 days. The Seller will refund the purchase price and any shipping costs within 14 days of receiving the goods.

5. Prices and Payment Terms
5.1 The prices indicated in the respective offers are total prices. They include all price components, including statutory VAT, plus any shipping costs.

5.2 Shipping costs are not included in the purchase price. They are accessible via a correspondingly labeled button in the online shop and are shown separately during the ordering process. The Customer bears the shipping costs unless free shipping has been promised.

5.3 The Customer can use the payment methods available in the online shop, such as PayPal, credit card, bank transfer, or purchase on account. The Seller reserves the right to exclude certain payment methods on a case-by-case basis.

5.4 If the payment method "PayPal" is selected, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., under PayPal's terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5.5 If purchase on account is selected, the purchase price is due no later than
seven (7) days after receipt of the invoice unless otherwise agreed.

6. Delivery and Transfer of Risk
6.1 Delivery is made to the delivery address specified by the Customer unless otherwise agreed. Shipping usually takes place within the delivery times indicated in the online shop.

6.2 Unless otherwise agreed, delivery will be made from the Seller's warehouse. Delivery and shipping conditions, delivery times, and product availability information can be found in the online shop.

6.3 The Seller is entitled to make partial deliveries, provided this is reasonable for the Customer. The Customer will not bear any additional shipping costs for partial deliveries.

6.4 The risk of accidental loss or deterioration of the goods passes to the Customer or a third party designated by them when the goods are handed over.

6.5 If the Customer is an entrepreneur, the risk of accidental loss or deterioration of the goods passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or other person designated to perform the shipment.

7. Retention of Title
7.1 The Seller retains ownership of the delivered goods until full payment of the purchase price.

7.2 The Customer is obligated to treat the goods under retention of title with care and take all necessary measures to protect the goods from loss or damage.

8.Liability for Defects (Warranty)
8.1 Claims for defects regarding the delivered goods are subject to statutory provisions.

8.2 The Seller is liable for material defects in accordance with the statutory provisions, particularly §§ 434 ff. BGB. The warranty period for goods delivered by the Seller to entrepreneurs is 12 months.

8.3 The Customer is requested to report goods with obvious transport damage to the carrier and inform the Seller. Failure to do so does not affect the Customer's legal or contractual claims for defects.

9.1 The Seller is liable for 
9.1 damages caused to the Customer that were intentionally or grossly negligently caused, that result from injury to life, body, or health, that are caused by the violation of an essential contractual obligation (cardinal obligation), or that are based on a breach of a guarantee. In the event of a breach of a cardinal obligation, the Seller's liability is limited to compensation for foreseeable, typically occurring damage.

9.2 Any further liability of the Seller is excluded.

9.3 The limitations and exclusions of liability do not apply to claims under the Product Liability Act or in the event of fraudulent concealment of a defect.

10.Data Protection
10.1 The Seller processes personal data of the Customer only within the framework of legal provisions. Detailed information on the Seller's data protection policy can be found in the privacy policy, which is available at https://www.arthromedican.com/datenschutz.

10.2 The Seller is entitled to store and process the Customer's data obtained within the business relationship in compliance with legal data protection regulations.

11. Applicable Law, Jurisdiction, and Dispute Resolution
11.1 The law of the Republic of Cyprus applies to all legal relationships between the parties, excluding the laws governing the international sale of movable goods (CISG). This choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11.2 If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business.

12. Redemption of Promotional Vouchers
12.1 Promotional vouchers issued free of charge by the Seller as part of promotions can only be redeemed in the Seller's online shop and within the specified period.

12.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

12.3 Promotional vouchers can only be redeemed before the conclusion of the order process. Retroactive crediting is not possible.

12.4 Multiple promotional vouchers may be redeemed per order.

13. Alternative Dispute Resolution
13.1 The EU Commission provides a platform for online dispute resolution (ODR), which is available at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlements of disputes arising from online purchase or service contracts involving a consumer.

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

14. Final Provisions
14.1 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision will be replaced by the statutory provisions.

14.2 Amendments or supplements to these GTC must be made in writing. This also applies to the cancellation of this written form requirement.