Terms of service
General Terms and Conditions (GTC)
Digity GmbH
(Effective as of July 2025)
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1. Scope
These General Terms and Conditions (GTC) apply to all business relationships between Digity GmbH, Karl-Grüneklee-Straße 22, 37077 Göttingen, Germany (hereinafter referred to as "we", "us" or "Digity") and the purchaser (hereinafter referred to as "you" or "the customer"), provided that the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB). We do not enter into contractual relationships with consumers within the meaning of § 13 BGB. By placing an order, the customer confirms that the order is being placed in a commercial capacity. This includes both direct business customers and distributors purchasing products through our e-shop for resale.
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2. Conclusion of Contract
The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order. The customer submits a binding offer to conclude a contract by completing the ordering process and clicking the “Buy now” button. A contract is only concluded once we accept the order through a written order confirmation, the delivery of the goods, or a request for payment. We reserve the right to reject offers without stating reasons. Orders submitted multiple times must be clearly identified as such; otherwise, they will be processed and invoiced independently.
For distributors, orders placed on our e-shop are treated similarly to standard B2B transactions. However, special distributor agreements, including discounts, credit terms, or purchase conditions, may apply separately.
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3. Prices and Payment
All prices stated in our online shop are net prices and do not include the applicable statutory value-added tax (VAT), which is added at the time of order completion. Shipping costs and, where applicable, additional fees such as customs duties for non-EU deliveries are not included and shall be borne by the customer. The applicable shipping charges are displayed during the ordering process.
Payment is due immediately and without deduction, unless otherwise agreed in writing. Accepted payment methods are those indicated in the online shop at the time of ordering. For distributors, specific credit terms or payment arrangements may apply as per individual agreements. The customer may only set off claims if they are undisputed or legally established. Rights of retention may only be exercised if they arise from the same contractual relationship.
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4. Delivery and Transfer of Risk
Unless otherwise agreed, we typically hand over the goods for delivery within 5 business days after conclusion of the contract or, in the case of advance payment, after receipt of payment. Delivery times may vary depending on the carrier, and we will notify you promptly if there are any delays.
Partial deliveries are permitted insofar as they are reasonable for the customer. The risk transfers to the customer once the goods are handed over to the carrier. We are not liable for any delays or issues caused by the delivery process once the goods are with the carrier.
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5. Return and Exclusion of Withdrawal
As our products are sold exclusively to business customers, statutory consumer withdrawal rights pursuant to §§ 355 ff. BGB do not apply. Furthermore, returns are excluded in general. Due to the personal and hygiene-sensitive nature of our exoskeleton products, we do not accept returns after the product has been opened, worn, or otherwise put into use. A return may only be accepted in exceptional cases and requires our explicit written consent.
For distributors, we offer no returns on opened products. However, should there be a defect or issue with the product’s functionality, our warranty policies apply as outlined in section 9.
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6. Product Use and Warranty
Our products are designed for occupational use as assistive devices and must be used in accordance with the accompanying instructions. Improper use, mechanical overloading, or use outside of the intended purpose may lead to product failure and void any warranty. We provide warranty for material defects in accordance with statutory provisions. For business customers, the warranty period is limited to one (1) year from delivery.
For distributors, the warranty conditions and process for handling defective products are the same as for other B2B customers. However, distributors must ensure that the products are inspected before resale and that the final customer is provided with the necessary warranty information.
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7. Retention of Title
We retain title to all delivered goods until full payment of all claims arising from the contractual relationship has been received. In the event of resale, the customer assigns to us in advance all claims arising from such resale in the amount of the outstanding invoice value. The customer remains authorised to collect such claims until this right is revoked.
For distributors, goods remain our property until payment is made in full. Any resale of goods must be in accordance with our distribution agreements.
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8. Intellectual Property
All intellectual property rights to product designs, manuals, data reports and associated digital content remain with Digity GmbH or its licensors. Any reproduction, disclosure, distribution or modification without prior written consent is prohibited. The purchase of goods does not confer any rights of use beyond those necessary for the proper use of the product.
Distributors must also ensure that no intellectual property rights are infringed upon during the sale, marketing, or distribution of our products.
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9. Liability
We shall be liable in accordance with statutory provisions for damage arising from intent or gross negligence, as well as for damages resulting from injury to life, body or health. In the event of simple negligence, we are only liable for damages arising from the breach of an essential contractual obligation (cardinal duty), and then limited to the typical foreseeable damage.
Liability for indirect or consequential damage, including lost profits, is excluded. The above limitations also apply to the liability of our legal representatives and vicarious agents. Any liability under the Product Liability Act remains unaffected.
For distributors, we limit liability in line with the provisions for B2B transactions, ensuring that the distributor’s own sale terms are not affected by claims related to defective or misused products.
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10. Export Controls
The customer undertakes to comply with all applicable national and international export control regulations. In particular, the customer shall not export or re-export products to countries or persons subject to export restrictions or trade embargoes under European, German, or U.S. law. The customer is obliged to inform recipients accordingly.
Distributors are responsible for ensuring that their customers comply with export control regulations. This applies to both resale and international shipping of products.
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11. Prohibited Uses
Our products are strictly prohibited from being used for any form of violence, warfare, or harmful activities. This includes, but is not limited to, use in military applications, law enforcement for forceful control, or in any other context that could cause harm or be used for illegal activities. By purchasing our products, you agree not to use them for such purposes. We reserve the right to take legal action if our products are misused in this manner.
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12. Jurisdiction and Governing Law
The place of performance for all obligations under this contract is Göttingen, Germany. The laws of the Federal Republic of Germany apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Göttingen, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law. We are also entitled to bring action at the customer's place of business.
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13. Severability Clause
Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. In such a case, the invalid provision shall be replaced by a valid provision which comes closest to the economic intent of the original.
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14. Provider Identification
Digity GmbH
Karl-Grüneklee-Straße 22
37077 Göttingen
Germany
Managing Directors: Claudio Garcia, Miguel Bravo
Commercial Register: HRB 207116, Amtsgericht Göttingen
VAT Identification Number: DE362494327
Telephone: +49 (0) 551 820 76741
Email: contact@digity.de
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Additional Sections:
15. Data Protection and Privacy
We value your privacy and are committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR). Your personal data will be processed for the purpose of order processing, customer service, and marketing. You have the right to access, correct, delete, or restrict the processing of your data at any time. For more information on how we process your data, please refer to our Privacy Policy.
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16. Force Majeure
Neither party shall be liable for failure or delay in performance under this agreement due to events beyond their reasonable control, including, but not limited to, natural disasters, pandemics, strikes, acts of government, or other force majeure events.
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17. Amendments to the Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time. Customers will be notified of any significant changes through our website or via email. Changes will apply to orders placed after the update.