TERMS AND CONDITIONS

Welcome to the website of DIMOVE Entwicklungs und Handels GmbH („DIMOVE“, „We“, „Us“, and/or „Our“). This website and its contents and related services (collectively, the „Website“) are owned by DIMOVE and/or its affiliates and licensors (collectively, „DIMOVE Affiliates“), and DIMOVE provides the Website to You (the „User“) subject to the Terms of Use Agreement, located at www.dimove.us/terms (the „Terms of and Conditions“). The Terms of Use requires You to agree to be bound by this DIMOVE PRIVACY POLICY (this „Privacy Policy“). By accessing and/or using the Website, or otherwise availing Yourself of the services and information offered through the Website, You agree to be bound by the Privacy Policy in effect at the time of each such access or other use of the Website or the Services (as defined below). This Privacy Policy applies to You and to any and all entities or Persons (as defined below) on whose behalf You act.

You acknowledge and agree that DIMOVE may, from time to time, and in its sole discretion, with or without notice to You, modify this Privacy Policy. Your access and/or use of this Website indicates Your agreement to read and be governed by this Privacy Policy. It is Your responsibility to apprise Yourself of any such revision or modifications each time You visit or use the Website or the Services (as defined below). If You do not so agree, You are not authorized to access or use the Website or the Services (as defined below) in any manner.

I. Health Disclaimer and Security Warnings

No Medical Advice. The Website and the Services (including without limitation the text, images, audio, video, and descriptions contained therein) are provided for educational and informational purposes only, and should not be used as a substitute for consultation, evaluation, or treatment by a qualified and licensed physician or other qualified and licensed health care professional. Neither DIMOVE, the Website, nor the Services direct that You undertake any specific exercise, activity, technique, physical training, or fitness regimen. Nothing on the Website or the Services should be considered medical advice or a medical diagnosis, and nothing on the Website or the Services or in any DIMOVE materials is intended or should be used or relied upon to heal, cure or relieve those suffering from any injury, deformity or disease.

Risk of Injury; Prior Consultation with Licensed Health Care Professional Required. The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. Before engaging in any of the activities described on the Website, the Services, or in any other DIMOVE materials, including without limitation any exercise, activity, technique, physical training, or fitness regimen, You should and must consult with a qualified and licensed physician or other qualified and licensed health care professional.

All Users are specifically warned to seek medical advice from a qualified and licensed health care professional before initiating any form of exercise, activity, technique, physical training, or fitness regimen. Such advance consultation with Your doctor is particularly important if You are under eighteen (18) years old, pregnant, breastfeeding, or have health problems or conditions. You agree not to disregard professional medical advice or delay in seeking it because of something You have read on this Website. If You have or suspect You have a medical problem or condition, please contact a qualified and licensed health care professional immediately. If You believe You are experiencing a medical emergency please call for emergency medical help on Your nearest telephone.

II. Age Requirement

Unless You have express permission from Your parent(s) and/or guardian (as defined under the Laws of Your jurisdiction or residence), You must be eighteen (18) years old or older to purchase from DIMOVE.

III. Price and Payment Terms

1. Our prices are ex-works KBG Kunststoff-BearbeitungsGes.m.b.H., A-8724 Spielberg bei Knittelfeld, Korngasse 1, incl. packaging, unless otherwise specified in the order confirmation. All prices are valid until further notice. All our published prices are before all public charges, in particular including VAT. Obvious price errors are reserved. Our prices do not include the cost of delivery, assembly, or installation. These services are provided by us on request at extra charge.

2. Installation and other services are available at an hourly rate of EUR 90.00 (incl. VAT). Travel and waiting times are considered working times.

3. If there is a material change in the wage, material, or energy costs, each contracting party shall be entitled to demand an appropriate adjustment of the prices in consideration of these factors.

4. To the extent not otherwise agreed, Purchaser is obliged to make full payment of the invoice amount at the time of the contract conclusion (prepayment). The payment of the order must be made to DIMOVE’s bank account within 10 working days, stating your customer number and order number. Late payment may result in a delay in delivery. Invoices for service and installation services are payable upon
receipt without deduction. Payments must be made exclusively to the following bank account:
BIC: RLNWATWW,
IBAN: AT24-3200-0000-1332-6772
Account holder: DIMOVE Entwicklungs und Handels GmbH bei der Raiffeisenlandesbank Noe-Wien AG.
Reference: Customer number and order number
Cash payments are not accepted.

5. Default Interest
• If Purchaser is a consumer, the default interest rate is 6% p.a.
• If Purchaser is a company, the default interest due to negligence is 11% p.a. above the base rate. The base rate in force on the last calendar day of each semester applies to the next six months. In the case of non-negligent default, the default interest rate is 6% p.a.
We reserve the right to make additional claims arising from the payment default.

6. Counterclaims
• Purchasers who are consumers shall have the right to compensation only in the event of our insolvency or in case of counterclaims that are legally related to their own liability, that has been established by a court, or have been acknowledged by us.
• Purchasers who are companies shall have the right to compensation only if their counterclaims have been established by a court or have been acknowledged by us. Furthermore, they shall not be entitled to withhold payments.
7. In the case of delayed payment, we may postpone the fulfillment of our obligations until receipt of payment
upon written notice to the purchaser.

IV. Sales of Products

DIMOVE accepts orders for the WAVEpro, WAVEmed and any other equipment, apparel or accessories that we may offer through the DIMOVE Site or at DIMOVE partners. Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or missions.

Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that You prepaid for those products. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the DIMOVE Site or to your email address after Your payment has been processed. The goods remain our property until full payment of the purchase price and coverage of all costs and expenses.

1. Purchaser must handle the reserved goods carefully and shall insure them at his expense against fire, water, and theft at replacement value. Maintenance and inspections that are required shall be performed in a timely manner by Purchaser at his own expense. If third parties access the reserved goods, especially for seizure or other enforcement measures, the purchaser must notify third parties of our property rights and notify us immediately in writing so that we can enforce our rights of ownership. In the event of damage or destruction of the goods, the purchaser must also notify us immediately in writing. The purchaser shall reimburse us for all damages and costs incurred by us as a result of a breach of these obligations and of necessary intervention measures against access to the goods by third parties.

2. In the event of a breach of contract, in particular, default in payment, we are entitled to withdraw from the contract and reclaim the goods. In case of a breach of an obligation under section 2 of this contract clause, we are in addition entitled to withdraw from the contract and reclaim the goods if our adherence to the contract is no longer reasonable.

3. Resale of the goods shall only be permitted if we have been notified in advance and in due time, stating the name or business name and the exact business address of the purchaser and we agree to the resale. In the event that we agree, the purchase price claims of Purchaser (company) resulting from the sale to a third party shall be deemed to be assigned to us in the amount of the invoice and we shall be entitled at any time to inform the third party of this assignment. We accept the assignment. After the assignment, the client is authorized to collect the debt. We reserve the right to collect the debt ourselves in the event that Purchaser does not meet his payment obligations and is in default of payment.

4. In the case of multiple claims by us, payments of Purchaser shall first be allocated to those receivables that are not (or no longer) secured by retention of title or other securities.

V. Shipping and Perfomance Terms

1. Delivery dates or deadlines, unless expressly agreed as binding, shall always be non-binding. Purchaser shall, at any rate, accept immaterial delays in delivery – and especially delays in delivery caused by supply difficulties, force majeure, and/or other circumstances not under our sphere of influence – and objectively justifiable delays in delivery without being entitled to a claim for damages or rescission.

2. Objectively justified and reasonable changes in our performance or delivery obligations, including reasonable delays in delivery or short exceedance of payment terms on our part, shall be considered as approved in advance. In the event of delays in delivery, we shall notify Purchaser of the extent of the expected delay as soon as the likely extent of the delivery delays can be predicted, but no later than one week before the originally scheduled delivery date.

3. We shall also be entitled to make partial deliveries and perform partial services at any time to the extent reasonable for Purchaser.

4. If Purchaser is in default of acceptance, we shall be entitled to demand compensation for the resulting damages and any additional expenses. The same applies if Purchaser culpably violates obligations to cooperate. Upon the occurrence of acceptance or debtor default, the risk of accidental deterioration or accidental loss passes to the Purchaser.

VI. Delivery and Packaging

For Purchasers who are consumers, the risk of accidental loss and accidental deterioration of goods passes to Purchaser upon the delivery of the goods, including goods purchased for delivery. If Purchaser is a business, the risk of accidental loss and accidental deterioration of goods passes to Purchaser with the delivery. In the case of goods purchased for delivery, said risks shall transfer to Purchaser upon acceptance of the goods by the carrier or by other persons or organizations contracted for the delivery. The transfer shall be not affected by whether or not Purchaser is in default of acceptance.

We try to take into account the wishes and interests of Purchaser in terms of the type of shipment; any resulting additional costs – even if free delivery is agreed – shall be borne by Purchaser. If the shipment is delayed at the request or through the fault of Purchaser, we shall store the goods at the expense and risk of Purchaser. In this event, the notification that goods are ready for dispatch shall be deemed equivalent to shipment of the goods.

At the request and expense of Purchaser, we will ensure the shipment.

VII. Unaffiliated Products and Sites

The Website may contain links to other websites or resources or and/or advertisements or other promotional materials for third-parties („Third-Party Websites“). DIMOVE has no control over the content of Third Party Websites or the quality of the goods or services offered via such Third-Party Websites. You acknowledge and agree that DIMOVE is not responsible for and in no way guarantees or endorses: (a) the availability of Third Party Websites; (b) the accuracy, value, or completeness of any content available at or through the Third-Party Websites; or (c) the goods or services offered via Third-Party Websites.

Accordingly, You acknowledge and agree that DIMOVE shall not be responsible or liable to You in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any Third Party Websites and/or the quality of any goods or services offered by or through any Third-Party Websites.

VIII. Warranty, Liability and Guarantee

1. Supplementary Performance
• Purchasers who are consumers have the choice of whether supplementary performance is executed by repair or replacement delivery. We are entitled to reject the type of supplementary performance if this is possible only at disproportionate cost and the other type of supplementary performance would be without significant disadvantages for Purchaser.
• For Purchasers who are companies, our guarantee for defects in the goods is performed, at our discretion, by repair or replacement.

2. If the supplementary performance fails, Purchaser may demand a price reduction (discount), cancellation (withdrawal) or payment for damages according to his/her choice. In case of minor defects, Purchaser shall have no right of withdrawal. If Purchaser chooses to receive payment for damages, the limitations of liability normalized below apply.

3. Purchasers who are companies are required to inspect the goods immediately for quality and quantity and notify us of recognizable defects within a period of one week from receipt of the goods; otherwise, the assertion of warranty claims shall be excluded. Hidden defects must be reported to us by Purchaser within one week from discovery. The timely dispatch shall be sufficient to observe the deadline. Purchaser bears the burden of proof for all claims, in particular for the defect itself, for the time of discovery of the defect, and the timeliness of the complaint.

4. Warranty Period
• The warranty period for Purchasers who are consumers is two years after delivery of the goods or after the performance of services.
• The warranty period for Purchasers who are companies is one year from the date of delivery or after the performance of services.
5. We shall only be liable for damages caused by intentional or grossly negligent breach of duty and for damages resulting from negligent violations of essential contractual obligations. In the latter case, liability shall be limited to damages typically foreseeable at the time of the conclusion of the contract. In the event of slightly negligent breaches of non-essential duties, by the breach of which the performance of the contract is not jeopardized, we and our agents shall not be liable. For Purchasers who are consumers, the limitation of liability for slight negligence shall not apply. The foregoing limitations of liability shall not apply to claims of Purchaser arising from product liability nor to bodily injury or damages to health or death of people attributable to us.

6. Any recourse claims (§933b ABGB (Austrian Civil Code), §478 BGB (German Civil Code)) are excluded
unless the claimant proves that the error was caused under our influence and was at least caused by gross
negligence.

7. Beyond our warranty, the manufacturer guarantees the delivered goods for one year; it is up to Purchaser
to make claims resulting from the manufacturer’s warranty directly against the manufacturer. No claims of any kind shall result against us from the manufacturer’s warranty. Any claims resulting from the manufacturer’s warranty must be made directly to the manufacturer:
KBG Kunststoff-BearbeitungsGes.m.b.H.
Korngasse 1
A-8724 Spielberg bei Knittelfeld
Tel.: +43 [0] 3577 – 25 000
Fax: +43 [0] 3577- 25 644
E-Mail: office@kbg.at

IX. Copyright and DMCA Policy

You agree that You will not:

decipher, decompile, disassemble, or reverse engineer any of the software, codes, or scripts comprising or in any way making up a part of the Website or the Services;
violate or attempt to violate the security of the Website or the Services, including without limitation, accessing data without authorization, circumventing authentication mechanisms, or interfering with the Website or the Services in any way, including without limitation:
probing, scanning, or testing the vulnerability of a system or network, (2) bypassing or breaching security or authentication measures without proper authorization, (3) interfering with service to any Person, user, host or network, including without limitation via means of submitting a virus, Trojan Horse, „worm“ or „cancelbot“ to the Website, overloading, „flooding“, „spamming“, „mailbombing“ or „crashing“, (4) sending unsolicited e-mail, including promotions and/or advertising of products or services, (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (6) impersonating any Person;
use any engine, software, tool, agent or other device or mechanism (including without limitation, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Website other than as provided through the Website and/or a standard third party browser (e.g., Firefox, Safari, Chrome, Internet Explorer, or Opera);
„frame“ or „mirror“ the Website or display the Website`s content through any other URL or in conjunction with another Person’s name or trademark;
copy the code or scripts, including without limitation the HTML, XML, CSS, and JavaScript, that DIMOVE creates to generate the pages of the Website; or
attempt to engage in any of the foregoing prohibited conduct.

X. Privacy Policy

Our Privacy Policy forms a part of these Terms. Please review the Privacy Policy to learn about:

What information we may collect about you;
What we use that information for; and
With whom we share that information.

XI. Linking

1. Links on our homepage will be deleted if they lead to pages that contain prohibited content.

2. Prohibited content includes content that violates rights of third parties (especially copyright, trademark, and name rights, right to the image) or that is threatening, offensive, libelous, abusive, racist, glorifying violence, harassing, pornographic, or harmful to minors or otherwise objectionable to morality.

XII. Performance, Jurisdiction and Applicable Law

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1. The place of performance for our deliveries is the seat of the KBG Kunststoff-Bearbeitungs Ges.m.b.H. with headquarters in A-8724 Spielberg bei Knittelfeld, Korngasse 1.
• If Purchaser is a consumer, the payments made to us are deemed timely if the transfer order is placed before the due date.
• Payments from Purchasers who are companies are deemed timely if they are credited to our bank account on the due date; the date of receipt is therefore of the essence.

2. The place of jurisdiction for all disputes arising directly or indirectly from this contract is agreed to be the local competent court at our headquarters.
• If Purchaser is a consumer, the place of jurisdiction shall be considered as agreed if Purchaser’s domicile, habitual residence, or place of employment is in this court parish or if Purchaser lives abroad. We reserve the right to sue in the general jurisdiction of Purchaser.

3. Austrian substantive law applies. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
• For Purchasers who are consumers, this choice of law applies only in so far as the protection provided is not revoked by mandatory provisions of the law of the country in which Purchaser has his habitual residence.

XIII. Final Provisions

1. If any provision of the contract with Purchaser, including these General Terms and Conditions, are deemed wholly or partially invalid or lose their legal validity at a later time, the validity of the remaining provisions shall not be affected.
• If Purchaser is a consumer, the legal regulations shall replace the wholly or partially invalid provisions.
• If Purchaser is a company, the wholly or partly invalid provisions are replaced by provisions the economic result of which comes as close as possible to the invalid provision.
The same applies in the event of contractual loopholes not foreseen by the Parties.

2. Liability for any typographical and printing errors or omissions is excluded.

3. The headings of the provisions contained in these terms of sale are for convenience only and may not be used for their interpretation.

XIV. Legal Notice

DIMOVE Entwicklungs und Handels GmbH
Korngasse 1, 8024 Spielberg, Austria
CEO: Dietmar Molzer
M:+43/699/13134000
E:office@dimove.at
Banking information: BIC: RLNWATWW, IBAN: AT24-3200-0000-1332-6772
Company register number: FN 395606 z
Jurisdiction: Leoben
VAT: ATU67892355

CONTACT

TERMS AND CONDITIONS | PRIVACY POLICY | CONTACT