Terms of service

English translation for your convenience. The legally binding version is the German original; in the event of discrepancies, the German version prevails.

Our General Terms and Conditions become binding when you submit your order.

Version 1.3 · Last updated on 25 November 2025

1. Scope

1.1. The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between MO Health Solutions GmbH, Helga-Krismer-Platz 1, 6020 Innsbruck (hereinafter "Seller" or "we") and the customer (hereinafter "Customer" or "Orderer").

1.2. The offer is directed at both consumers and businesses. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 1 KSchG). A business is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business or profession when concluding a legal transaction.

1.3. Deviating terms of the Customer are not recognized unless the Seller expressly agrees to their validity in writing.

1.4. You can reach our customer service for questions, complaints and objections on business days by email at office@mophys.io.

2. Offers and service descriptions

2.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the Seller's websites do not have the character of an assurance or guarantee.

2.2. All offers apply "while stocks last" unless otherwise noted with the products. Errors excepted.

3. Ordering process and conclusion of contract

3.1. The Customer can select products from the Seller's range without obligation and collect them in a so-called shopping cart via the "add to cart" button.

3.2. Via the "order with obligation to pay" button (or a correspondingly unambiguous wording), the Customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and review the data at any time.

3.3. The Seller then sends the Customer an automatic acknowledgment of receipt by email, which again lists the Customer's order. This automatic acknowledgment of receipt merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the request.

3.4. The contract is only concluded upon the Seller's declaration of acceptance, which is made by a separate email (order confirmation) or by delivery of the goods within 5 days. If an immediate payment method is selected (e.g. PayPal, credit card, instant bank transfer), the contract is concluded upon the Customer's confirmation of the payment instruction.

3.5. Goods are sold only in household quantities. Sale to minors is excluded.

4. Right of withdrawal (applies to consumers only)

4.1. Consumers have the right to withdraw from this contract within fourteen days without giving any reason.

4.2. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take possession of the goods.

4.3. To exercise your right of withdrawal, you must inform us (MO Health Solutions GmbH, Helga-Krismer-Platz 1, 6020 Innsbruck, Austria, email: office@mophys.io) by an unequivocal statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract.

4.4. Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs arising from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. For this reimbursement we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.

4.5. We may withhold reimbursement until we have received the goods back or until you have provided proof of having returned the goods, whichever is earlier.

4.6. You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

4.7. Costs of return: You bear the direct cost of returning the goods.

4.8. Grounds for exclusion / expiry: The right of withdrawal expires early for contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery (e.g. sterile needles, opened tapes).

5. Delivery and product availability

5.1. Unless otherwise agreed, delivery is made to the delivery address provided by the Customer.

5.2. If the ordered product is permanently unavailable, the Seller refrains from a declaration of acceptance. In this case, no contract is concluded.

5.3. If delivery of the goods fails due to the Customer's fault, the Customer bears the costs of the unsuccessful delivery.

5.4. Delivery times and shipping costs are clearly indicated to the Customer during the ordering process.

6. Prices and payment terms

6.1. All prices stated on the Seller's website are inclusive of the applicable statutory VAT (for consumers).

6.2. The payment methods displayed during the ordering process are available to the Customer (e.g. credit card, PayPal, Klarna, Apple Pay).

6.3. Payment is due immediately upon conclusion of the contract.

7. Retention of title

Until full payment, the delivered goods remain the property of the Seller. Towards businesses, the retention of title also applies to claims that the Seller has against the buyer from its ongoing business relations.

8. Warranty and guarantee

8.1. The statutory provisions on liability for defects (warranty) apply. The warranty period is 24 months from receipt of the goods.

8.2. Towards businesses (B2B), the warranty period is limited to 12 months.

8.3. An additional guarantee exists for the goods delivered by the Seller only if it was expressly given in the order confirmation for the respective item.

8.4. Damage caused by improper or contractually non-compliant measures by the Customer during setup, connection, operation or storage (in particular in the event of non-compliance with the medical instructions for use of the products) does not give rise to any claim against the Seller.

9. Liability

9.1. Unlimited liability: We are liable without limitation for damages arising from injury to life, body or health that are based on an intentional or negligent breach of duty by us or our vicarious agents. We are likewise liable without limitation in cases of intent and gross negligence, as well as within the scope of mandatory statutory provisions (e.g. the Product Liability Act).

9.2. Limitation of liability for slight negligence: In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation), our liability is limited to the foreseeable damage typical for the contract. For other slightly negligent breaches of duty, our liability is excluded. Towards businesses (B2B), we are generally not liable for slight negligence.

9.3. Exclusion of consequential damages (B2B only): Towards businesses, liability for lost profits, indirect damages, consequential damages caused by defects and pure financial losses is excluded, insofar as legally permissible.

9.4. Medical use & intended use: The products we sell (in particular medical devices such as acupuncture needles, tapes) may only be used in accordance with the enclosed instructions for use and the recognized rules of medical practice.

a) We accept no liability for damage resulting from incorrect, improper or misused application by the Customer.

b) Before use, the Customer is obliged to ensure that there are no medical contraindications. Use is at the user's own risk, insofar as no product defect can be proven against us.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Final provisions

11.1. The law of the Republic of Austria applies to contracts between the Seller and the Customers, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11.2. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller is the Seller's registered office (Innsbruck).