Terms and Conditions
1. Preamble - Terms and Conditions
These terms and conditions govern relationships between Topus GmbH, a corporation duly organized under the laws of the Federal Republic of Germany, registered in the commercial register at the local court of Hildesheim under number HRB 206112 and having its principal place of business at Wassermasch 15, 38179 Schwülper, Germany, hereinafter referred to as “TOPUS”, on the one hand, and any individual or corporate entity intending to make a purchase on the TOPUS website “https://www.unwynd.net” (hereinafter referred to as “WEBSITE”), hereinafter referred to as the “CUSTOMER” or “you”, on the other hand.
The parties agree that orders made to TOPUS via the WEBSITE will be governed exclusively by these terms and conditions. TOPUS reserves the possibility of modifying its terms and conditions at any time. In this case, the terms and conditions applicable will be those in force upon the date the order was made by the CUSTOMER. These general terms and conditions prevail over any other general or specific conditions to which TOPUS has not expressly agreed in writing.
TOPUS offers lamps that are suitable for meditation and accompanying applications for controlling the lamps (hereinafter the lamp is referred to as “LAMP”, the application is referred to as “APPLICATION” and the lamp and application are collectively referred to as “TOPUS PRODUCTS” and each as a “TOPUS PRODUCT”).
2. Medical disclaimer - Terms and Conditions
The following medical disclaimer applies to the TOPUS PRODUCTS and all content, information, recommendations, suggestions, services and techniques (the “CONTENT”) provided by TOPUS, including (but not limited to) CONTENT provided in the APPLICATIONS, on the TOPUS PRODUCTS, on a website, including the WEBSITE, on social media, and on other online spaces (e.g., YouTube).
The LAMPS are no medical devices. None of the CONTENT provided by TOPUS is medical information or medical advice.
TOPUS is not a health care or medical device provider, nor should the CONTENT be considered medical advice. Only your physician or other health care provider can provide that.
Any physical or mental health related content that you may find in the CONTENT describes only general principles, is not specific to you as an individual, and may not be appropriate or relevant to your personal situation. Such CONTENT is not intended to be used to diagnose, treat, cure, or prevent any medical conditions or as a substitute for consulting with your health care professionals. If you have any questions about your physical or mental health, you should consult your healthcare professionals.
There have been rare reports that people with certain mental health conditions such as anxiety and depression having experienced worsening conditions in conjunction with intensive breathing practice. It is recommended for you to speak with your healthcare provider before starting a breathing practice.
Rapid breathing can cause lightheadedness and may disrupt the heart. If you experience faintness, dizziness, pain or shortness of breath at any time while using a TOPUS PRODUCT, you should stop immediately and seek immediate medical attention.
To the fullest extent permitted by law, TOPUS assumes no responsibility for injuries suffered while practicing breathing techniques and TOPUS shall not be held liable for any damages or injuries that may occur, directly or indirectly, from engaging in any activities or exercises presented in a TOPUS PRODUCT. You are solely responsible for your decisions and actions related to the TOPUS PRODUCTS and CONTENT, and any resultant injury or consequences that may affect your well-being or health in any way.
Do not practice breathing techniques while driving or performing other tasks that require attention and concentration. Using the TOPUS PRODUCTS and CONTENT is done solely at your own risk. To the fullest extent permitted by law, you agree to not hold TOPUS or its representatives, agents, suppliers, etc. responsible for any injuries or damages that you may incur as a result of using the TOPUS PRODUCTS and CONTENT.
To the fullest extent permitted by law, TOPUS assumes no responsibility for physical injuries or other damages, suffered while using the TOPUS PRODUCTS and CONTENT.
3. Price - Terms and Conditions
All prices on the WEBSITE are given in Euros, including tax. The total price of the order will be displayed on the online order form before the order process is finalized. The VAT amount will be indicated on the invoice.
TOPUS reserves the right to change its prices at any time.
For any delivery outside of EU territory, the CUSTOMER is responsible for all other costs that may arise due to the import, such as customs duties or import taxes, and is responsible for handling the import.
All payments on the WEBSITE will be made using the “Stripe” payment system which accepts the following credit cards: VISA, MasterCard and American Express. The payment of the purchase will be charged to your credit card immediately upon receipt of the order. If the order is not accepted by TOPUS, there will be a refund of the price paid only. TOPUS will not be liable for any other amounts, losses or damages resulting therefrom.
4. Conclusion of the contract - Terms and Conditions
The LAMPS and corresponding description displayed on the WEBSITE do not constitute a binding offer by TOPUS, but merely serve the purpose of submitting a binding offer by the CUSTOMER.
The CUSTOMER may submit the offer by the online order form on the WEBSITE. In doing so, after having passed through the order process, and by clicking the “Buy” button finalizing the order process, the CUSTOMER submits a legally binding offer of contract with regard to the selected LAMP. The CUSTOMER may also present the offer to TOPUS by means of telephone, fax, e-mail or postal service after having been invited by TOPUS to do so. Submission of the offer implies acceptance of these terms and conditions, recognition that the CUSTOMER is fully aware of these and renunciation by the CUSTOMER of the use of their own purchase conditions or any other conditions.
After having received the offer from the CUSTOMER, TOPUS will send an e-mail to the CUSTOMER confirming receipt of the offer and containing the details of the order (hereinafter referred to as the “ORDER CONFIRMATION E-MAIL”). The ORDER CONFIRMATION E-MAIL is acknowledgement that TOPUS has received the CUSTOMER’s offer, and does not confirm acceptance of the CUSTOMER’s offer to buy the LAMP ordered. The sales contract for the LAMP is concluded as soon as TOPUS sends the ordered LAMP to the CUSTOMER and confirms dispatch to the CUSTOMER with a second e-mail (hereinafter referred to as the “DISPATCH CONFIRMATION E-MAIL”). TOPUS reserves the right to reject the order, which will be notified to the CUSTOMER by e-mail. In such case, the CUSTOMER will be reimbursed the price of the order.
It is the CUSTOMER’s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by TOPUS can be received at this address. Particularly, it is the CUSTOMER’s responsibility, if spam filters are used, to ensure that all e-mails sent by TOPUS or by third parties commissioned by TOPUS with the order processing can be delivered.
5. Right of cancellation - Terms and Conditions
The following right of cancellation applies only if the CUSTOMER placed an order as a consumer in the sense of the German Civil Code (Section 13 BGB). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
This right of cancellation does not apply to a CUSTOMER who is an entrepreneur within the meaning of the German Civil Code (Section 14 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and enter into obligations.
Cancellation policy / Right of cancellation
Unless the below exclusion applies, the CUSTOMER has the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which the CUSTOMER or a third party named by the CUSTOMER, who is not the carrier, took or has taken possession of the last goods.
In order to exercise the right of cancellation, the CUSTOMER must notify TOPUS (Topus GmbH, Wassermasch 15, 38179 Schwülper, Germany; e-mail: contact@unwynd.net) by means of a clear statement about the CUSTOMER’s decision to cancel this contract (e.g. with a letter sent by post or an e-mail).
In order to comply with the cancellation period, it is sufficient that the CUSTOMER sends the notification that the CUSTOMER exercises the right of cancellation before the end of the cancellation period.
Consequences of cancellation
If the CUSTOMER cancels this contract, TOPUS must reimburse the CUSTOMER for all payments TOPUS has received from the CUSTOMER, including delivery costs, immediately and at the latest within fourteen days of the day on which TOPUS received notification of the cancellation of this contract. TOPUS will use the same means of payment for this refund as the CUSTOMER used for the original transaction, unless expressly agreed otherwise; in no event will the CUSTOMER be charged for this refund.
TOPUS may refuse to make any refund until TOPUS has received the LAMP back or until the CUSTOMER has provided proof that the CUSTOMER has returned the LAMP, whichever is earlier.
The CUSTOMER must return or hand over the LAMP to TOPUS immediately and in any event no later than fourteen days from the date on which CUSTOMER notifies TOPUS of the cancellation of this agreement. This period shall be deemed to have been observed if the CUSTOMER dispatches the goods before the expiry of the fourteen-day period.
The CUSTOMER shall bear the direct costs of returning the LAMP.
The CUSTOMER shall only be liable for any loss in value of the goods if this loss in value is due to handling of the LAMP in a way that is unnecessary for testing their condition, properties and functionality.
Standard cancellation form - Terms and Conditions
— To Topus GmbH, Wassermasch 15, 38179 Schwülper, Germany; e-mail: contact@unwynd.net
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods
— Ordered on
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only in case of communication on paper)
— Date
(*) Delete as appropriate
6. Exclusion of the right of cancellation - Terms and Conditions
The right of cancellation does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or specification by the CUSTOMER is decisive or which are clearly tailored to the CUSTOMER’s personal needs.
7. Shipment and delivery conditions - Terms and Conditions
The LAMP is shipped to the delivery address that the CUSTOMER indicates during the order process on the WEBSITE. Should delivery to the CUSTOMER not be possible, the assigned transport company returns the LAMP to TOPUS and the CUSTOMER bears the cost for the unsuccessful dispatch. This shall not apply if the CUSTOMER is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered LAMP, unless TOPUS has given notice to the CUSTOMER in an adequate period of time prior to the delivery.
The risk of accidental destruction and accidental deterioration of the sold LAMP shall in principle be transferred to the CUSTOMER when the LAMP comes into the physical possession of the CUSTOMER or a person identified by the CUSTOMER to take possession of the LAMP. Should the CUSTOMER act as an entrepreneur within the meaning of the German Civil Code (Section 14 BGB), the risk of accidental destruction and accidental deterioration shall be transferred upon delivery of the LAMP to the transport company.
The estimated production and/or delivery times that are indicated on the WEBSITE or in the ORDER CONFIRMATION E-MAIL are no guaranteed times and should not be relied upon as such. Even if TOPUS makes every effort to produce and deliver the LAMP within the specified time frame, unforeseen delays may occur.
8. Liability - Terms and Conditions
TOPUS and its employees, representatives and vicarious agents shall only be liable for property damage and financial losses caused by negligence in the event of a breach of a material contractual obligation, but the amount of liability shall be limited to the losses foreseeable and typical for the contract at the time of conclusion of the contract.
9. Applicable law and jurisdiction - Terms and Conditions
The law of the Federal Republic of Germany applies to all legal relationships of the parties excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The foregoing provisions regarding the governing law apply to consumers only to the extent that granted protection by mandatory statutory provisions of the country, in which the consumer maintains its customary residence is not withdrawn.
Exclusive place of jurisdiction for all disputes arising from the contractual relationship with entrepreneurs within the meaning of the German Civil Code (Section 14 BGB) shall be the domicile of TOPUS principal place of business; in the event of litigation initiated by TOPUS it may — at TOPUS’ discretion — also be the place of jurisdiction of the CUSTOMER, if this is not prescribed by law.
10. Alternative dispute resolution - Terms and Conditions
The EU Commission provides an internet platform for the online settlement of disputes (so-called OS platform). This OS platform is intended to serve as a contact point for the out-of-court settlement of disputes in connection with contractual obligations arising from online purchase contracts in which a consumer is involved. The OS platform can be accessed via the following link: http://ec.europa.eu/consumers/odr.
11. Partial invalidity - Terms and Conditions
If any provision of these terms and conditions is or should become invalid, this shall not
affect the validity of the remaining provisions.
affect the validity of the remaining provisions.