GENERAL TERMS AND CONDITIONS
1. SCOPE OF APPLICATION
(1) These General Terms and Conditions ("GTC") apply to all orders placed by customers via the ORTOVOX online shop (www.ortovox.com).
(2) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside that person’s trade, business or profession (Section 13 German Civil Code (BGB)).
(3) An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when entering into the contract, acts in the exercise of its trade, business or self-employed professional activity (Section 14 BGB).
(4) The ORTOVOX online shop is addressed exclusively to consumers (end customers) with delivery addresses in the Member States of the European Union selectable during the ordering process. Orders for the purpose of commercial resale are not permitted. Separate terms and conditions apply to commercial resellers, dealers and other business customers and may be requested from Customer Service.
(5) ORTOVOX reserves the right to reject orders or to withdraw from the contract in accordance with statutory provisions if there are specific indications that an order is placed for commercial resale contrary to subsection 4.
(6) Deliveries are made exclusively to the Member States of the European Union selectable during the ordering process. Any delivery restrictions will be clearly displayed to the customer no later than at the beginning of the ordering process.
(7) All prices shown in the ORTOVOX online shop include the applicable statutory VAT of the Member State to which the goods are delivered, insofar as the destination principle applies under the applicable VAT rules.
2. CONTRACTING PARTY, CUSTOMER SERVICE
(1) The purchase contract is concluded with:
ORTOVOX Sportartikel GmbH
Rotwandweg 5
82024 Taufkirchen
Germany
Phone: +49 89 66674180
Email: shop@ortovox.com
Managing Directors: Stefan Kohlbauer
Commercial Register: Local Court of Munich
Commercial Register Number: HRB 68754
VAT identification number pursuant to Section 27a UStG: DE129430597
(hereinafter "ORTOVOX").
(2) ORTOVOX Customer Service is available for questions, complaints and claims on working days, Monday to Friday, from 08:00 to 12:00 and from 13:00 to 16:00, at the above telephone number and by email. Public holidays at ORTOVOX’s registered office are excluded.
(3) Information on the processing of personal data in connection with Customer Service enquiries can be found in ORTOVOX’s Privacy Policy, which is available on the website at any time.
3. DEVIATING TERMS
The version of these GTC valid at the time of the order shall apply. These GTC apply exclusively. Deviating, conflicting or supplementary terms and conditions of the customer shall not form part of the contract unless ORTOVOX expressly agrees to their application in text form.
4. OFFER, CONCLUSION OF CONTRACT AND ORDERING PROCESS
(1) The presentation of products in the ORTOVOX online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
(2) The customer may select products from the ORTOVOX online shop range and collect them in a virtual shopping cart using the “Add to cart” button. The contents of the shopping cart can be viewed and changed at any time. Products can be removed from the shopping cart at any time by clicking the relevant button.
(3) The customer reaches the ordering process via the “Checkout” button. Before placing the order, all order data are displayed on an overview page. The customer may correct or amend entries there and throughout the ordering process using the technical means available.
(4) By clicking the “order with obligation to pay” button, the customer submits a binding offer to purchase the goods contained in the shopping cart.
(5) The order can only be placed if the customer confirms, by clicking the relevant checkbox, that the customer has taken note of and accepted these GTC. The GTC can be saved and printed before the order is placed.
(6) Before the order is placed, ORTOVOX informs the customer during the ordering process in particular about:
- the essential characteristics of the goods;
- the total price of the goods including statutory VAT and any additional shipping costs;
- the available payment methods;
- delivery restrictions, delivery times, and the statutory right of withdrawal for consumers.
4. OFFER, CONCLUSION OF CONTRACT AND ORDERING PROCESS (continued)
(7) Information on the processing of personal data in connection with orders in the ORTOVOX online shop is contained in ORTOVOX’s Privacy Policy, which is available on the website at any time.
(8) After submitting the order, the customer receives an automated confirmation of receipt by email listing the order again (“order confirmation”). This order confirmation does not yet constitute acceptance of the contractual offer.
(9) The purchase contract is concluded only when ORTOVOX accepts the order by separate email or dispatches the goods to the customer (“dispatch confirmation”).
(10) ORTOVOX reserves the right to reject orders or to withdraw from the contract in accordance with statutory provisions if there are specific indications that the order was placed for commercial resale contrary to Section 1, was made abusively, or incorrect information concerning the customer’s identity was provided. This may in particular be the case with unusually high order quantities. The right to avoid the contract, in particular because of errors as to content, declaration or technical errors in accordance with statutory provisions, remains unaffected.
(11) ORTOVOX stores the contract text in compliance with data protection provisions.
(12) The dispatch confirmation, including the order data listed therein, is decisive for the content and scope of the contract. Individual collateral agreements, amendments or additions require confirmation by ORTOVOX in text form to be effective.
5. PRICES AND TERMS OF PAYMENT
(1) All prices shown in the ORTOVOX online shop include the applicable statutory VAT of the respective country of delivery and are exclusive of any shipping costs.
(2) The applicable shipping costs are clearly displayed to the customer in the ordering process before the order is completed. Further information on the exact shipping fees can be found here.
(3) The total price of the order, including VAT and shipping costs, is displayed to the customer on the order overview page before the binding order is placed.
(4) The payment methods displayed in the ordering process are available to the customer. ORTOVOX reserves the right not to offer individual payment methods in individual cases.
(5) Payment processing may be carried out by external payment service providers. Additional terms of the respective payment service provider may apply to individual payment methods; the customer will be separately notified of these in the ordering process.
(6) The purchase price, including any shipping costs, is due for payment immediately upon conclusion of the purchase contract.
(7) Invoices are issued exclusively in electronic form. The invoice is made available to the customer with the dispatch confirmation or separately by email.
(8) The customer is entitled to set off only where the customer’s counterclaims have been legally established or are undisputed, or arise from the same contractual relationship.
(9) The customer may exercise a right of retention only insofar as it is based on claims arising from the same contractual relationship.
(10) Any refunds shall be made using the same means of payment used by the customer for the original transaction, unless expressly agreed otherwise.
(11) If ORTOVOX has several due claims against the customer, ORTOVOX is entitled to allocate incoming payments at its reasonable discretion to the respective outstanding claim unless the customer has made an express designation of payment.
6. ORTOVOX VOUCHER CODES
(1) The following provisions apply in addition to these GTC to the redemption of vouchers and voucher codes in the ORTOVOX online shop.
(2) Voucher codes are discount codes issued by ORTOVOX, which may be issued as part of promotional campaigns or individually to customers and which entitle the holder to a price reduction in the ORTOVOX online shop. The price reduction may be a percentage or a fixed amount.
(3) Unless expressly stated otherwise, voucher codes can only be redeemed in the ORTOVOX online shop and only within the specified validity period.
(4) Voucher codes may be subject to a minimum order value, certain products, product categories, promotional periods or other redemption conditions. The promotional terms communicated for the respective voucher code shall apply.
(5) As a rule, only one voucher code may be redeemed per order unless ORTOVOX expressly determines otherwise.
(6) Voucher codes cannot be combined with other discount campaigns, price reductions or special offers unless expressly stated otherwise.
(7) Voucher codes cannot be purchased, do not bear interest and cannot be redeemed for cash.
(8) Voucher codes issued individually to customers are intended exclusively for personal use and are not transferable.
(9) The voucher code must be entered in the field provided before the ordering process is completed. Subsequent crediting against orders already concluded is excluded.
(10) If an order is wholly or partially withdrawn, returned or cancelled and the remaining order value consequently falls below the applicable minimum order value of the redeemed voucher code, ORTOVOX reserves the right to subsequently charge all or part of the price reduction granted by the voucher code, insofar as legally permissible.
(11) A refund or cash payment of the value of a voucher code is excluded, even if the voucher code can no longer be used in whole or in part due to a return or withdrawal.
(12) ORTOVOX reserves the right to block or reject voucher codes in the event of suspected misuse, manipulation or other unauthorized use.
(13) The customer’s statutory rights, in particular statutory warranty rights and the statutory right of withdrawal, remain unaffected.
7. DELIVERY, SHIPPING AND TRANSFER OF RISK
(1) Delivery is made exclusively to the Member States of the European Union selectable during the ordering process.
(2) The goods are delivered to the delivery address stated by the customer during the ordering process.
(3) Shipping is carried out by the shipping service providers commissioned by ORTOVOX. ORTOVOX reserves the right to select the appropriate shipping service provider. Collection by the customer is excluded.
(4) Expected delivery times are displayed to the customer in the ordering process.
(5) Unless otherwise agreed, the goods are generally dispatched within two (2) working days after conclusion of the contract. For the purposes of these GTC, working days are Monday to Friday, excluding public holidays at ORTOVOX’s registered office.
(6) If an ordered product is temporarily unavailable, the customer will be informed without undue delay. Where possible, the customer will be informed of the expected duration of the unavailability.
(7) If delivery of the goods is permanently impossible, in particular because the goods are unavailable or ORTOVOX is not supplied through no fault of its own despite having placed a proper order, ORTOVOX is entitled to withdraw from the contract. Payments already made will be refunded to the customer without undue delay. Claims of the customer under statutory provisions.
(8) If ORTOVOX is in default with a delivery, the customer’s claims are governed by statutory provisions.
(9) If the customer is a consumer, ORTOVOX bears the risk of accidental loss or accidental deterioration of the goods until they are handed over to the customer or to a recipient designated by the customer.
(10) Partial deliveries are permitted where reasonable for the customer. ORTOVOX shall bear any additional shipping costs arising thereby.
(11) Delivery restrictions and any delays due to force majeure, strikes, official measures, unforeseeable transport obstacles or other events for which ORTOVOX is not responsible are reserved. The customer’s statutory rights remain unaffected.
8. RETENTION OF TITLE
(1) The delivered goods remain the property of ORTOVOX until all claims arising from the respective contractual relationship have been paid in full.
(2) Until title has passed in full, the customer is obliged to treat the goods with due care.
(3) Before full payment, the customer may not pledge, transfer by way of security or otherwise dispose of goods subject to retention of title.
(4) If third parties access the goods subject to retention of title, in particular by attachment, the customer shall inform ORTOVOX thereof without undue delay in text form and notify the third party of ORTOVOX’s retention of title.
9. STATUTORY WARRANTY RIGHTS
(1) The statutory warranty rights apply in accordance with the applicable statutory provisions. The warranty period is two (2) years from receipt of the goods. The customer’s statutory rights in the event of defects are not restricted by these GTC.
(2) To the extent that the goods contain digital elements or are connected with digital products, the statutory provisions on contracts for digital products and goods with digital elements, in particular Sections 327 et seq. BGB, shall apply additionally.
(3) Statutory warranty rights exist independently of any additional commercial guarantees, manufacturer warranties or durability guarantees granted.
10. GUARANTEE
(1) Where additional guarantees are granted for individual products, their requirements, content, scope, geographical scope and duration are set out in the respective guarantee terms and in the guarantee information enclosed with the product or provided in the online shop.
(2) Guarantees give rise to voluntary additional rights and do not limit the customer’s statutory warranty rights.
(3) Where required by law, ORTOVOX informs consumers clearly and comprehensibly about the existence of statutory warranty rights and any additional guarantees. The information may be provided in particular in the product description, on product detail pages, in guarantee documents or during the ordering process.
(4) Information on product characteristics, care, use, safety or durability does not constitute an assumption of a guarantee unless expressly designated as a guarantee.
11. LIABILITY
(1) ORTOVOX shall be liable without limitation:
- in the event of intent or gross negligence;
- for damage arising from injury to life, body or health;
- under the provisions of the German Product Liability Act;
- to the extent of an expressly assumed guarantee;
- and in all other cases of mandatory statutory liability.
11. LIABILITY (continued)
(2) In the event of a slightly negligent breach of material contractual obligations, ORTOVOX shall be liable only for the foreseeable damage typical for the contract. Material contractual obligations are obligations the performance of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
(3) In all other respects, ORTOVOX’s liability is excluded to the extent permitted by law.
(4) The above limitations of liability also apply for the benefit of ORTOVOX’s legal representatives, employees, vicarious agents and other agents.
(5) To the extent ORTOVOX’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
(6) The above provisions do not involve a change in the statutory burden of proof to the customer’s disadvantage.
(7) The customer’s statutory rights, in particular under the German Product Liability Act, consumer protection provisions and statutory warranty rights, remain unaffected.
12. VOLUNTARY RIGHT OF RETURN
(1) In addition to the statutory right of withdrawal for consumers, ORTOVOX grants a voluntary right of return subject to the following provisions.
(2) Customers may return goods to ORTOVOX within thirty (30) days of receipt of the goods, provided that:
- the goods are complete;
- the goods are unused, undamaged and clean, and all labels and product components are present;
- no exclusions pursuant to subsection 6 apply.
12. VOLUNTARY RIGHT OF RETURN (continued)
(3) To exercise the voluntary right of return, the online return form provided by ORTOVOX should be used. Returns must be sent to the return address specified by ORTOVOX in the return process.
(4) In the event of a proper return under the voluntary right of return, ORTOVOX will refund the purchase price of the returned goods. The original shipping costs of the order will not be refunded to the extent permitted by law.
(5) The voluntary right of return does not apply in particular:
- to used, washed, damaged or soiled goods;
- if components, accessories, labels or product packaging are missing;
- to goods which have been used beyond normal fitting or inspection;
- to goods which are not suitable for return for hygiene reasons if their seal has been removed after delivery.
12. VOLUNTARY RIGHT OF RETURN (continued)
(6) Product packaging, protective bags, labels and comparable components are deemed part of the goods and must be returned in full.
(7) The customer bears the direct costs of return.
(8) ORTOVOX bears the risk of loss or damage during return transport from the handover of the return to the shipping service provider. This does not apply to the extent the loss or damage results from improper packaging or another breach of duty by the customer.
(9) ORTOVOX reserves the right to refuse to grant the voluntary right of return in individual cases where there are indications of abusive or fraudulent use, insofar as legally permissible.
(10) Refunds are made after receipt and inspection of the returned goods using the same means of payment used for the original order, unless expressly agreed otherwise.
(11) The voluntary right of return is a voluntary additional service by ORTOVOX. The customer’s statutory rights, in particular statutory rights in the event of defects, statutory consumer rights and the statutory right of withdrawal, remain unaffected.
(12) The provisions governing this voluntary right of return apply solely in addition to the customer’s statutory rights and do not restrict the statutory right of withdrawal in particular.
13. STATUTORY RIGHT OF WITHDRAWAL
(1) Consumers have a statutory right of withdrawal for distance contracts in accordance with the applicable statutory provisions.
(2) Details of the requirements, exercise, consequences and any exclusions of the statutory right of withdrawal are set out in the separate withdrawal policy on the ORTOVOX website.
(3) The withdrawal policy, including the model withdrawal form, is available during the ordering process and on the ORTOVOX website at any time. The withdrawal policy and model withdrawal form are provided to the consumer on a durable medium after conclusion of the contract (Article 246a Section 4 EGBGB).
(4) Consumers may declare withdrawal in particular by letter, email or via the electronic withdrawal function provided by ORTOVOX or the statutory online withdrawal button.
(5) The statutory right of withdrawal remains unaffected by the voluntary right of return pursuant to Section 12.
14. ASSIGNMENT AND RETENTION
(1) The assignment or transfer of claims or rights of the customer against ORTOVOX to third parties is excluded without ORTOVOX’s prior consent, unless mandatory statutory provisions provide otherwise.
(2) The prohibition on assignment under subsection 1 does not apply to:
- the customer’s monetary claims against ORTOVOX;
- claims arising from the statutory right of withdrawal;
- claims under mandatory consumer protection provisions.
15. NOTICE ON DATA PROCESSING
(1) ORTOVOX processes the customer’s personal data exclusively in accordance with the applicable data protection provisions.
(2) Information on the processing of personal data, in particular on the nature, scope, purposes, legal bases and rights of data subjects, is contained in ORTOVOX’s Privacy Policy, which is available on the website at any time.
16. FINAL PROVISIONS
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). With respect to consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
(2) ORTOVOX is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
(3) The customer agrees to receive contract-related information electronically.
(4) Should individual provisions of these GTC be or become wholly or partially invalid, unenforceable or ineffective, the validity of the remaining provisions shall remain unaffected.
(5) The statutory provisions shall apply in place of the invalid, unenforceable or ineffective provision. The same applies in the event of a gap.
VERSION: July 2026