1.1 Tomed Dr. Toussaint GmbH distributes over-the-counter and prescription medical products which may only be used by

persons with the required training or knowledge and experience, and only if the instructions for use and additional information in the package inserts are understood and observed.

1.2 The contract between the parties is exclusively based on these general terms and conditions. General terms and conditions of the contractual parties deviating from these general terms and conditions only apply when they are expressly acknowledged in writing.

1.3 The contractual parties acknowledge these general terms and conditions upon ordering the products.

1.4 English language terms and conditions presented here refer to the export business of Tomed! Please refer to www.tomed.com for the similar German language terms and conditions applying for the domestic business.

2.1 Offers on the internet represent a non-binding invitation to make an order.

2.2 A binding offer to conclude a purchase contract is represented by an order either by letter, fax, e-mail (e.g. through the web shop of Tomed) or telephone.

2.3 This can be accepted by Tomed within a maximum of ten days by sending an order confirmation by letter, fax, e-mail or shipping the ordered goods.

2.4 If the ordered goods are not available at the time of the order, Tomed can withdraw from the contract. In this case, the contracting partner will be informed as soon as possible of the non-availability of the goods ordered. Any payment that the contracting partner has already made will then be immediately reimbursed.

3.1 Ordered goods are delivered by being shipped to the address stated by the contractual partner.

3.2 Export order deliveries are only made for orders paid in advance and are usually shipped within one to three working days after reception of the purchase price. No liability is assumed for delays in deliveries for which Tomed is not responsible.

3.3 Commonly small volume orders placed at the web shop of Tomed will be shipped within one to three working days after confirmation of the required pre-payment by credit card by GlobeCharge internet payment services.

3.4 The service risk and price risk are transferred to the contractual partner when the goods are handed over to the freight forwarder.

4.1 For invoicing, actual prices valid on the day when the order had placed are always confirmed by a written proforma invoice. The prices are calculated ex works of Tomed in Bensheim, Germany, including packing plus taxes valid at the time of delivery.

4.2 For deliveries to E.U. countries invoicing is done without VAT only if a valid VAT-identification number is available before issuing an invoice.

4.3 For deliveries to foreign countries outside the E.U. member states, the shipping and tariff regulations provided by law are valid. Special packing and shipping charges are billed with net costs.

4.4 The purchase price is due immediately by wire transfer after receipt of the order confirmation. Online orders require prepayment by credit card secured by GlobeCharge Internet Payment Services.

4.5 Price and availability information is subject to change without notice.

5.1 Minimum order volume amounts for EUR 25.00.

5.2 Shipping charges for small volume online orders amount for as follows:

It is at the discretion of Tomed to ship ordered goods both by (express) airmail and couriers, depending on destination and actual cost of shipment.

5.3 Value added tax (VAT)

• VAT is included in all prices quoted in the Tomed web shop.
• For goods sent outside the E.U. geographic area, VAT will be deducted from the quoted prices.
• There is no VAT to be added for countries not in the E.U.
• For orders from EU countries VAT will be charged at the rate of 19.0% as applicable for Germany.

5.4 Right of Withdrawal for Consumers and Refunds

5.4.1 Consumers may cancel the contract in writing (e.g. letter, fax, e-mail) within two weeks without giving any reason or - if they have received the goods before the end of this period - by returning the goods. The two-week period begins when the consumer receives this information in writing, but not before receipt of the goods (for repeated deliveries of similar articles, not before the receipt of the first partial delivery). Sending the cancellation or the goods within the period is sufficient to comply with the cancellation deadline. Cancellation is to be addressed to Tomed with the address details stated at the end of these terms.

5.4.2 Consequences of cancellation: If cancellation has become effective, the services received by either party are to be returned and any benefits derived (e.g. interest) are to be reimbursed. If the consumer cannot return the service in whole or in part or only in deteriorated condition, Tomed is entitled to compensation. This does not apply to the provision of objects if the deterioration stems solely from inspecting the goods - as would be possible in a shop. Consumers can avoid the obligation to replace the value of deterioration stemming from proper use of the goods by not using the article as their property and avoiding everything that might diminish its value. When sending goods back it is recommended to use recorded parcel post delivery. Consumers must pay the cost of return if the goods delivered comply with the goods ordered and if the price of the goods to be returned does not exceed € 40 or if consumers have not made payment or contractually agreed partial payment for an article of a higher price at the time of cancellation. Otherwise, returning the goods is free of charge for consumers. Objects that cannot be sent by recorded parcel post will be picked up on the order of Tomed. The obligation to reimburse payments must be met within 30 days. The period begins for consumers when they send the notification of cancellation or the article, for Tomed when it is received.

5.4.3 In most countries the products from Tomed are considered as over-the-conter (OTC) or prescription medical products. Due to this very special nature of the products Tomed will not refund any goods that have been opened and/or used. Tomed reserves the right to refuse return of items which are not in a saleable condition.

5.4.4 The majority of the oral appliances from Tomed indicated to treat snoring and obstructive sleep apnea are 510(k) cleared by the FDA in the U.S.A. They can only be dispensed there after a doctor's prescription. Tomed will therefore serve orders from authorized U.S. medical professionals or companies only, but not serve any private orders from the U.S. in order not to infringe U.S. medical law. In case of private oral appliance orders from the U.S. prepaid by credit card, Tomed will make a refund, however withdraw a EUR 16.00 administration charge.

We encourage U.S. medical professionals or companies to contact Tomed by email, phone or fax before placing an order!

5.4.5 The aforementioned return policy of 5.4.3 and 5.4.4 also applies if goods are rejected at national customs for whatever reasons (e.g. infringement of national regulatory regulations for medical products) and are therefore returned to Tomed.

5.4.6 Any items outside the 14 working days returns period after the day of receipt of the goods cannot be accepted under any circumstances due to the medical nature of the products, and any received products outside this stated period are destroyed, and not retested for returning back into stock.

5.4.7 Tomed does not offer any products for sale on a trial basis.

5.5 Security: When consumers view their shopping basket or proceed to check out, all the information is protected against disclosure to third parties, as this is carried out in a secure part of Tomed's website. Security is guaranteed by Tomed's internet payment provider GlobeCharge.

6 Reservation of title

6.1 The delivered goods remain the property of Tomed until they are paid for in full.

6.2 If the contractual partner resells the goods, he hereby cedes to Tomed the arising receivables from third parties to the amount of Tomed's claim. The contractual partner is revocably entitled to collect this receivable. The contractual partner is not entitled to assign these receivables.

7 Liability and Warranty

7.1 Liability is especially excluded for damage arising from the non-observance of the instructions for use in the package insert, and for damage arising from use by persons who do not possess the required training or knowledge and experience. Liability arising from the Product Liability Law shall remain unaffected.

7.2 The contractual partner must immediately inspect the goods after delivery to the extent feasible in the normal course of business. If a defect is revealed, Tomed must be immediately notified. If the contractual partner does not provide notification, the goods shall be held to be accepted, except if the defect was not identifiable during the inspection. If such a defect is found later, the contractual partner must immediately provide notification after it is discovered; otherwise, the goods shall be held to be accepted despite the existence of the defect. The timely sending of the notification is sufficient to retain the rights of the contractual partner.

7.3 The warranty period covers one year after transfer of risk.

8 Applicable Law

The laws of Germany will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws.

BY ENTERING AND USING THIS WEB SITE YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE RULES SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING THAT YOU AGREE TO BE BOUND BY THESE RULES

9 Contact Information: