1. Applicability of the general terms and conditions
The following General Terms and Conditions – hereinafter referred to as GTC – form the basis of all of our business relationships. For the purposes of these GTC, a purchaser (generally also referred to as Customer), is anyone who acquires and uses PonteMed products and services, whether for a fee or free of charge, under any legal title whatsoever. Other terms and conditions are hereby expressly rejected. Should these General Terms and Conditions refer to consumers, purchaser shall ensure, that relevant provisions apply to consumers accordingly. Consumers within the meaning of these GTC are end-customers, clients, patients, and the like, whom the purchaser enables to use PonteMed products and services, regardless of whether for a fee or free of charge and under whatever legal title. Should a provision of these GTC be invalid in full or in part in terms of content, all other provisions remain unaffected thereby. In lieu of the invalid provision, one of the economically closest provisions is deemed to be agreed.
2. Offer – cancellation/rescission
All offers are subject to confirmation and do not lead to an obligation on our part to perform a service. The cancellation of an order is only valid with PonteMed’s express written consent. In case of an approved return of goods, up to 20% of the order value may be charged as expense compensation. Special orders and items which have already been used are excluded from the right of rescission. In the case of delivery of equipment without transfer of ownership, the collection period is 4 weeks from written receipt of the notification of collection, for whatever reason. After expiry of the period, immediate collection shall be granted.
3. Retention of title
The delivered goods shall remain the unrestricted property of PonteMed and are subject to its right of disposal until full settlement of all liabilities arising from the business relationship, in particular until full payment of the purchase price, including any current account balance. In case of third party attachments, the purchaser must immediately inform PonteMed in writing and, in case of imminent danger, also by telephone. The assertion of the retention of title by PonteMed does not represent any rescission of the contract.
4. Delivery – transportation – transfer of risk
Our information on delivery times is considered approximate and is not binding. Claims of the purchaser for damages“ due to late fulfilment are excluded. PonteMed reserves the right to organise delivery via third parties. PonteMed takes out transport insurance for every delivery it organises. Objections due to damage during transportation must be notified to the transportation company and PonteMed by the purchaser immediately. Any liability on the part of PonteMed for late delivery is excluded. Dead freight charges are borne by the purchaser. The customer bears any forwarding expenses, unless otherwise agreed.
5. Products and Services – Operation and Rights
The Products and Services can include both fitness, non-medical equipment and medical devices. Unless expressly designated for medical use, products and services provide a non-medical training, that is designed for neuromusculature stimulation and strengthening of the pelvic floor and surrounding muscles. The provided standard training programs, applications and training packages are non-binding and always amendable suggestions to the respective customer or consumer, who are individually free to deviate from them at any time and to choose and use other settings. It is the responsibility of the Purchaser to ensure that it is operated by persons who are legally authorized and trained to do so. The current operating instructions, user manuals and training documents must always be observed. Unless PonteMed and the respective consumer have expressly agreed otherwise in writing (e.g. in the application provided by PonteMed), the respective purchaser is the direct contractual partner of the respective consumer, even if the purchaser uses equipment or services, provided by PonteMed, such as devices, IT-customer management, payment or booking systems.
The software system provided by PonteMed may also process data which are assessed as personal data.The Purchaser, undertakes to comply with all relevant data-related regulations and to provide the required declarations from his side in writing at any time upon request. Use and remote access to the entire system related software are limited exclusively to the delivery location of Products and Services and end without any further notice, from the time the delivered system is physically transported to another location or from the time, the legal title to use or to ownership of the system changes in parts or in total compared to the time of delivery. The author and owner of all intangible/intellectual property rights (such as software, copyright, trademark, company, patent, design rights, licences, industrial property rights) to and related to the PonteMed products and services, in particular the hardware and software, card reader, marketing tools, website, Academy, together with the respective content, shall remain PonteMed alone and for an unlimited period. Sub-licensing or passing on of the associated information and documents in whatever form is expressly not permitted. Confidentiality is also deemed to be agreed with regard to these matters.
6. Defect complaints – warranty
We warrant the contractual quality of our products and services. The warranty is forfeited if the instructions concerning the treatment of the delivered device (operating instructions) are not followed or if alterations have been carried out to the device. Maintenance: PonteMed endeavours to keep the system available as continuously as possible and to keep the time required for any troubleshooting to an absolute minimum. A maximum rectification period, however, cannot be guaranteed, as this will depend on the particular circumstances of an individual case. The scheduled maintenance shall take place over a maximum of 1-2 working days and regularly every second year and no more than twice a year.
7. Applicable law and place of jurisdiction
These General Terms and Conditions and the entire legal relationship between us and the purchaser are governed by US law, subject to the following provisions. Retention of title to an item intended for export is subject to the laws of the country of destination.The place of jurisdiction for all disputes under and in connection with the legal relationships between us and the customer is Wilmington.
8. Intended Use Disclaimer
For products and services with FDA approval, the intended use is specified in the corresponding FDA approval, shown in the respective user manual. Unless products and services are expressly designated as “FDA approved,” or designated for medical use, they are considered products and services without FDA approval and are intended for health and fitness purposes only. They are intended for general well-being purposes to encourage or maintain a healthy lifestyle. Non FDA approved products and services are not intended to be used for any medical purposes (such as management or treatment of any medical condition or disease). Purchaser shall ensure that consumers are instructed to consult a healthcare provider for any medical advice or treatment.
Wilmington, June 2025