General Terms And Conditions

1. Conclusion of the contract
With your order, you submit a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation by e-mail or by delivering the ordered goods. The contract is concluded in the selected language (German or English). You will first receive confirmation of receipt of your order by e-mail to the e-mail address you have provided (order confirmation). However, a purchase contract is only concluded when our order confirmation is sent to you by e-mail or when the ordered goods are delivered, not when the online order is sent or the automatic e-mail confirmation is sent. The e-mail confirmation only confirms receipt of the registration or order. Your orders will be stored by us. If you lose your order documents, please contact us by e-mail, letter or telephone. We will be happy to send you a copy of your order details. When ordering via our online shop, the ordering process comprises a total of 6 steps. The first step is to select the desired products and then by clicking on the button “Add to cart” add these products to shopping cart (with references to the specifications such as size and page). If you want to buy more items, repeat this step. In the second step, you can either click on the PayPal button, which will make your stored there customer data and addresses are automatically transmitted to us after your confirmation at PayPal, or click on “Checkout” and enter your customer data, in this case, you can either register (create customer account) or order without registration (as a guest). In the third step check your shipping address and correct this address if necessary, here you also choose the shipping method. In the fourth step, check your billing address and correct if necessary. Here you also select the payment method, and can enter comments and messages. You also declare on this page that you accept the right of withdrawal and accept our general business conditions. Otherwise you get corresponding instruction texts and can complete all the information. The ordering process can be continued only if all details are made. In the fifth step, you can see privacy conditions, general terms and conditions right of withdrawal conditions and the withdrawal form. Here you can check your transacted information on shipping and billing address, payment method, and ordered items and can change if necessary. You can also print all data before ordering. In the sixth step you confirm your purchase by clicking on the button “Order with an obligation to pay”. You will then see a confirmation page, and can print your order with all details by clicking on the button “Print”.

2. Storage of contract
We store the contract text of your order. We also send you an order confirmation with all order data and our Terms and Conditions to the e-mail address you provided.

3. Retention of title
The delivered goods remain our property until full payment of all claims.

4. Prices, shipping costs, return costs in case of revocation
All prices are final and include German VAT. The respective shipping costs are shown on the product pages, or can be determined using the shipping calculator in the shopping cart on our website. For cancellation you bear the direct cost of returning the goods.

5. Delivery Terms for End Consumers (B2C)
By default, goods are shipped exclusively to delivery addresses within the Federal Republic of Germany.
Consumers residing outside the Federal Republic of Germany who are entitled to purchase rights under the EU Geoblocking Regulation are free to place orders provided they specify a delivery address within the Federal Republic of Germany or independently arrange or commission the pickup of the goods at the seller’s headquarters (Masalo KG, Lüner Weg 32a, 21337 Lüneburg). We do not provide cross-border delivery to end consumers.
The delivery times specified in the respective offer shall apply. If the customer has selected the prepayment method, the delivery period begins on the day after the payment order is issued to the transferring bank. For all other payment methods (e.g., PayPal, credit card, direct debit), the delivery period begins on the day after the contract is concluded. The standard shipping time within Germany is 1–2 business days.

6. Exclusion of Cross-Border Consumer Shipping (B2C)
Contracts with customers whose place of residence or billing address is outside the Federal Republic of Germany are concluded exclusively in German or English. The handling of warranty or right of withdrawal claims is governed by statutory provisions.

7. Cancellation policy / right of withdrawal
Only if the customer is a consumer in the sense of § 13 of the German Civil Code (Bürgerliches Gesetzbuch), i.e. a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, there is a statutory right of revocation, about which we instruct as follows:

Right of withdrawal
You have the right to cancel the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which you, or a third party named by you, other than the carrier, have taken possession of the goods. To exercise your right of cancellation, you must inform us
Masalo KG | Lüner Weg 32a | 21337 Lüneburg | Germany | Email: shop@masalo.eu | Tel.: +49 4131 727 15 97 by a clear statement (e.g. a letter sent by post, or an email) or via the online cancellation function on our website (“WITHDRAW CONTRACT”) of your decision to withdraw from the contract.
You can use the withdrawal form (attached to order acceptance by email or as download at https://www.masalo.eu/shop/media/content/withdrawal_form.pdf) which is not mandatory, however. In order to observe the revocation period it is sufficient for you to send a message about the revocation before the withdrawal deadline.

Consequences of withdrawal
If you withdraw from the contract, we refund all the payments that we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest Standard Shipping offered by us), without delay and to be repaid at the latest within fourteen days from the date on which the notice of your withdrawal of the contract has been received by us.
For this repayment, we use the same method of payment that you used for the initial transaction, unless we explicitly agreed otherwise; in any case you will not be charged any fees for this repayment. We may withhold the reimbursement until we have received the goods back or until you have proofed that you have returned the goods, whichever is the earlier. You have to return or to hand over the goods to us promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of the contract. The deadline is met if you send back the goods before the period of fourteen days. You bear the direct cost of returning the goods.

8. Terms of payment
(1) For Consumers (B2C):
Payment shall be made at the customer’s option via payment in advance, PayPal, direct debit, or credit card. If payment in advance is selected, we will state our bank details in the order confirmation. The total amount is due for transfer to our account within 7 days; otherwise, the order will be canceled and not accepted. In the case of payment via PayPal, direct debit, or credit card, the consumer’s account will be debited immediately upon confirmation of the order.

(2) For Entrepreneurs (B2B) / Dealers:
For orders placed via the online shop or via email, registered dealers and commercial resellers shall exclusively have the payment method “Purchase on Account” available. The use of instant payment methods (such as PayPal, credit card, direct debit, etc.) is standardly excluded for the B2B sector. The invoice amount shall be due and payable within 14 days of receipt of the goods and the invoice without any deduction. The bank details are specified on the respective invoice. In addition, the provisions regarding default and account suspension pursuant to Item 16 Para. 6 of these General Terms and Conditions shall apply.

9. Invoice
You will receive the invoice via email when the goods are shipped to the email address you provided when placing the order.

10. Warranty
The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

11. Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or 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 objective 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 resulting from injury to life, body, or health.
(3) The restrictions 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 provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected. 

12. Data protection
The data protection regulations of the GDPR and the BDSG apply. Information regarding the collection, processing, and storage of your personal data, as well as your rights as a data subject, can be found in our separate Privacy Policy, which you can access at any time via the following link:
https://www.masalo.eu/en/privacy-notice-and-disclaimer/

13. Validity
The offers on the Internet are valid as long as they are presented on the Internet.

14. Applicable Law
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
The competent court at the registered office of Masalo KG, 21337 Lüneburg shall be agreed as the place of jurisdiction.
In relation to a consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal regulations, if any, shall apply. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

15 Delivery, Transfer of Risk, and Packaging Licensing (B2B only)
(1) The provisions of this section shall apply exclusively to contracts with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (B2B). For consumers (B2C), the statutory provisions shall apply.

(2) Unless expressly agreed otherwise in writing, all cross-border deliveries to entrepreneurs shall be made freight collect from the factory or warehouse (FCA pursuant to Incoterms® 2020).

(3) The risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur as soon as the goods have been handed over to the transport company (e.g., DHL) or have left the warehouse of Masalo KG for the purpose of shipment.

(4) The entrepreneur shall be deemed the importer in the destination country. The entrepreneur is solely responsible for fulfilling, at their own expense, all public-law obligations applicable in the country of destination—in particular the registration and licensing obligations pursuant to the EU Packaging Regulation (PPWR) and the respective national packaging laws.

16 Special Distribution, Training, and Order Conditions for Dealers (B2B only)
(1) The provisions of this section shall apply exclusively to contracts with dealers, medical supply stores, pharmacies, and resellers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (B2B).

(2) Distribution Territories, Exclusive Protection Zones, and Regulatory Export Restrictions:
a) MDR Medical Devices (e.g., Masalo® Cuff MED): Medical devices delivered to the entrepreneur comply in their delivered version exclusively with the legal and linguistic requirements for placing on the market within the Federal Republic of Germany. Any cross-border distribution or export of these medical devices by the entrepreneur to other countries is only permitted if the entrepreneur ensures, on their own responsibility and at their own expense, that all requirements of Regulation (EU) 2017/745 (MDR) and national laws (including country-specific labeling, instructions for use in the local language, country-specific registrations / REPs) are fully met in the destination country. Distribution to countries where these regulatory requirements are not met is prohibited by law and contractually forbidden.
b) Sports Supports and Other Non-Medical Products: For products that are not qualified as medical devices, the free movement of goods within the EU internal market applies.
c) Exclusive Territories (Active vs. Passive): Masalo KG maintains exclusive distribution systems with sole distribution partners for certain territories (in particular for the Republic of Austria). The entrepreneur is expressly prohibited from engaging in active sales (e.g., through targeted advertising, setting up country-specific websites, or opening branches) for all products of Masalo KG (both medical and sports products) into these protected exclusive territories. Passive sales (the processing of unsolicited orders from these countries) remain unaffected, provided that, in the case of medical devices, the regulatory requirements pursuant to literal a) are met.

(3) Platform Prohibition (Amazon): The entrepreneur is prohibited from offering, advertising, or selling products of Masalo KG on the online marketplace “Amazon” (including all national Amazon country platforms such as amazon.de, amazon.com, etc.). Masalo KG has transferred the exclusive distribution and trademark usage rights for the Amazon platform to TP-Ortho GmbH. Distribution via Amazon is only permitted to the entrepreneur if express, prior written authorization has been granted by TP-Ortho GmbH. Masalo KG reserves the right to have unauthorized offers on Amazon removed by the platform operator.

(4) Training and Advisory Obligation (Quality Assurance & Online Sales): As the products are medical devices with a specific counter-traction operating principle, the entrepreneur is obliged to comprehensively train their sales staff using the training materials provided by Masalo KG prior to the initial sale. The entrepreneur shall ensure that end customers are advised exclusively by trained specialist staff who can flawlessly demonstrate and guide the correct application and use of the Masalo® Cuff MED. Dispensing the product without the legally required advice and fulfillment of the requirements of Section 83 MPDG is prohibited. If the entrepreneur offers the products in their own online shop, they are obliged to provide an equivalent, professional digital support service. This service must guarantee individual advice and assistance with application or sizing problems (e.g., via email, video call, or by reviewing customer submissions such as photographs of the applied product) provided by trained employees of the dealer. The acknowledgment of this training and advisory obligation is a prerequisite for setting up a dealer account.

(5) Ordering Obligations & Exclusion of Selection Orders: Orders must be placed exclusively by stating the customer number via email or via the official online shop. Fax orders are excluded. Entrepreneurs are only permitted to use the payment method “Purchase on Account” in the online shop; the use of instant payment methods (such as PayPal, credit card, etc.) is excluded for the B2B sector. Invoice and delivery addresses must be specified correctly upon ordering; subsequent invoice amendments are excluded. Within the scope of B2B transactions, selection or sample orders are strictly prohibited. A right of return or exchange for properly delivered goods is expressly excluded in B2B transactions.

(6) Payment Terms, Default & Account Suspension: Invoices are due and payable within 14 days of receipt without deduction. If the entrepreneur defaults on payment, Masalo KG reserves the right to withhold pending deliveries and temporarily suspend the dealer account for further orders. If Masalo KG repeatedly has to send payment reminders or dunning notices due to non-compliance with the payment terms, it is entitled to permanently suspend the dealer account, completely cease supplies, and rescind all existing contracts.

(7) Inclusion and Retention in the Specialist Dealer Directory: Inclusion and remaining in the official Masalo® specialist dealer directory (Premium Dealer) is a voluntary, free-of-charge service provided by Masalo KG. A prerequisite for this is that the dealer stocks at least one item of the Masalo® Cuff MED per size and arm side at all times in order to be able to supply acute patients immediately, and does not trigger purely single orders. If this stock level falls below the minimum requirement or in the event of breaches of contractual distribution and training obligations, the dealer will be removed from the directory.

(8) Sanctions for Breach of Support and Quality Advisory Obligations:
Compliance with the training, advisory, and support obligations regulated in Para. 4 and Para. 5 (in particular the individual, professional digital support for online sales) is of paramount importance for protecting the brand reputation and the therapeutic efficacy of the medical device. If the entrepreneur culpably breaches these obligations—in particular through pure, support-free clearance sales via automated systems without providing the required individual support – Masalo KG shall be entitled to demand a reasonable contractual penalty for each case of non-compliance, to be determined by Masalo KG and, in the event of a dispute, reviewed by the competent court. Furthermore, in such an event, Masalo KG shall be entitled to permanently suspend the dealer account with immediate effect, cease supplies, and rescind all existing contracts.

17. Contact details:
Masalo KG
Luener Weg 32a
21337 Lueneburg
Germany

Tel.: +49 (0) 4131 / 727 15 97
Email: shop@masalo.eu

VAT ID: DE351597312