Terms of service
Contractual terms for contracts for the sale of goods (in particular the choking emergency device “LifeSaveAir®”) concluded via https://lifesaveair.com/ between Jespira GmbH, Emil-Figge-Str. 91, 44227 Dortmund (the “Provider”) and the customers specified in section 2 of these terms (the “Customer”).
§ 1 Scope and definitions
(1) The business relationship between the Provider and the Customer is governed exclusively by the following General Terms and Conditions (“Terms”) in the version applicable when the order is placed. Any conflicting terms of the Customer are not recognised unless the Provider expressly agrees to them in writing.
(2) The Customer is a consumer insofar as the purpose of the goods ordered is predominantly unrelated to their commercial or self-employed professional activity (section 13 BGB). By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of their commercial or self-employed professional activity when concluding the contract with the Provider (section 14 BGB).
§ 2 Conclusion of the contract
(1) The Customer may select goods from the range displayed in the Provider’s online shop, in particular the choking emergency device “LifeSaveAir®”, and place them in the virtual shopping cart using “Add to cart”. “Checkout” takes the Customer to the ordering process. By clicking “Order with obligation to pay”, the Customer submits a binding offer to conclude a purchase contract for the goods in the cart. Before submitting the order, the Customer may view and change the data entered at any time. An order can only be submitted if the Customer accepts these Terms by ticking the relevant checkbox.
(2) After the order is submitted, the Provider sends the Customer an automated acknowledgement by email listing the order again. This acknowledgement only documents receipt of the order and does not constitute acceptance of the contractual offer. The purchase contract is concluded only when the Provider declares acceptance in a separate email (order confirmation). In that email or a separate email, and no later than delivery of the goods, the Customer receives the contract text (order data, Terms and order confirmation) on a durable medium (email or paper printout). The contract text is stored in compliance with data protection requirements.
(3) The contract is concluded in German.
§ 3 EU conformity, instructions for use and free replacement after use
(1) The choking emergency device “LifeSaveAir®” sold by the Provider is a class I medical device under Regulation (EU) 2017/745 on medical devices (MDR). The Provider has issued an EU declaration of conformity under Article 19 and Annex IV MDR. The current declaration can be viewed and downloaded here: EU-Konformitätserklärung LifeSaveAir® (PDF).
(2) LifeSaveAir® is intended exclusively for use on humans to remove foreign bodies from the airways in acute choking emergencies, particularly where previously recommended airway-clearance measures (for example five back blows or the Heimlich manoeuvre in accordance with applicable guidelines) have failed. Use outside this intended purpose is not permitted.
(3) The Customer must carefully read and observe the instructions supplied with the product and all warnings, safety information and contraindications. The official instructions are also available online at any time at: Gebrauchsanweisung LifeSaveAir® (PDF).
(4) The instructions for use contain information in particular on:
- the intended purpose (“exclusively for removing foreign bodies from the airways in acute choking emergencies”),
- correct use and the necessary preparatory measures,
- recommended first-aid methods (including alternating back blows and the Heimlich manoeuvre) before using the device,
- important safety information and warnings (for example only for acute choking emergencies, no reuse, single-use valve),
- liability and hazard information (for example improper use may involve risks),
- contraindications and information on age and body position (for example special procedures for children),
- the accessories supplied (masks in different sizes, single-use valve and the instructions themselves).
Failure to follow the instructions may impair the effectiveness of the product and create risks for users and affected persons; mandatory statutory liability provisions remain unaffected.
(5) Without prejudice to statutory warranty rights, the Provider voluntarily offers the Customer one free replacement device per device purchased after its intended use, as a goodwill service (“free replacement”).
(6) Free replacement requires the Customer to complete and submit the feedback form provided on the website fully and truthfully after using the device. The Provider may request further information during this process, such as the date of use, a description of the incident, the batch/lot number or the order or invoice number.
(7) Free replacement is available only to Customers who purchased the device through the official online shop at https://lifesaveair.com/ and provide a delivery address within the area served by the Provider (currently, in particular, within the European Union). The Provider’s current shipping conditions apply to dispatch of the replacement device and are available at https://lifesaveair.com/policies/shipping-policy.
(8) The free replacement offer applies only once per device purchased and only for its first intended use. Further replacements are not included in this voluntary goodwill service.
§ 4 Retention of title
(1) The goods delivered remain the Provider’s property until the purchase price has been paid in full.
(2) The goods may not be pledged or transferred as security before ownership passes.
(3) If the Customer defaults on payment and fails to pay despite a reminder, the Provider may withdraw from the contract and demand the return of goods still subject to retention of title.
§ 5 Prices and shipping costs
(1) All prices stated in the Provider’s online shop are in euros and include the applicable statutory VAT.
(2) Shipping costs may apply in addition to product prices. The applicable costs are listed in the Provider’s shipping overview at: https://lifesaveair.com/policies/shipping-policy.
(3) Shipping costs are displayed to the Customer during the ordering process before the binding order is submitted.
(4) Unless stated otherwise, delivery is made exclusively within the delivery areas specified by the Provider on the shipping page mentioned above.
§ 6 Payment terms
(1) The purchase price is paid using the payment methods available in the Provider’s online shop. These include, in particular, credit cards, bank transfers and online payment services. The methods available for the particular order are displayed at checkout.
(2) Further information on the payment service providers used and the personal data processed is available in the Provider’s privacy policy at: https://lifesaveair.com/policies/privacy-policy.
(3) The due date depends on the payment method selected. For payment by bank transfer in advance, the purchase price must be paid within 7 days of receipt of the order confirmation. If a due date is fixed by the calendar or a payment deadline is exceeded, the Customer is in default without a further reminder. In that case, default interest of 5 percentage points above the base interest rate per year is payable.
(4) The Customer’s obligation to pay default interest does not exclude the Provider from claiming further damages resulting from the delay.
§ 7 Non-performance, statutory rights and guarantees
(1) The Customer’s rights in the event of material defects or defects of title in the goods delivered are governed by statutory provisions, in particular sections 434 et seq. BGB.
(2) The Customer’s claims due to delayed delivery are governed by statutory provisions.
(3) A guarantee beyond statutory warranty rights exists only if expressly stated for the relevant product in the product description, ordering process or order confirmation.
§ 8 Liability
(1) Claims by the Customer for damages are excluded. Exceptions are claims arising from injury to life, body or health, claims arising from breach of essential contractual obligations (cardinal obligations), and liability for other damage based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or agents performing its obligations. Essential contractual obligations are those whose fulfilment is necessary for proper performance of the contract and on whose fulfilment the Customer may regularly rely.
(2) The Customer must ensure that the product is used exclusively for its intended purpose and in accordance with the instructions. LifeSaveAir® does not replace medical treatment and does not remove the obligation to contact the emergency services immediately in an emergency.
(3) In the event of a breach of essential contractual obligations, the Provider’s liability is limited to foreseeable damage typical of the contract, unless there is intent or gross negligence or the damage arises from injury to life, body or health.
(4) The above limitations of liability also benefit the Provider’s legal representatives and agents performing its obligations where claims are brought directly against them.
(5) The limitations in paragraphs 1 and 3 do not apply where the Provider has fraudulently concealed a defect or a guarantee has been given. Mandatory statutory grounds of liability remain unaffected.
§ 9 Final provisions
(1) Contracts between the Provider and the Customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory rules restricting the choice of law and governing the applicability of mandatory provisions of the state where the Customer, as a consumer, has their habitual residence remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the Provider’s registered office is the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider.
(3) If a provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain valid. The invalid or unenforceable provision is replaced by the statutory provision that comes closest to the intended economic purpose. This applies accordingly to any gaps.