Terms of sale for Customers

Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, www.shop.nubis-physio.com (“Our Site”).

These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

These Terms of Sale were last updated on March 6th, 2025.

You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.

Please refer to Our B2B Terms of Sale for more information if you are a business – www.shop.nubis-physio.com/B2B-terms and see our Privacy Policy – http://www.shop.nubis-physio.com/privacy or Terms of Use – www.nubis-physio.store/terms-of-use for more information on how we process your data or how we allow visitors to use our site.

1. Definitions and Interpretation 

1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

2. Unless the context otherwise requires, each reference in these Terms of Sale to:
   1. “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
   2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
   3. a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.

2. Information About Us

Our Site, www.shop.nubis-physio.com, is owned and operated by AIRFUN PRODUCTS proizvodnja in storitve, d.o.o., a company registered in the Republic of Slovenia under company reg. no.: 5640989000, whose registered address is Ljubljanska cesta 45, 1241 Kamnik with VAT ID no.: SI 58489754.

3. How to Contact Us

In relation to any and all business or purchase related inquiries, we can be reached at info@nubis-physio.com or at +386 1 8319 194 during our official office hours, namely every weekday during 9.00 – 16.00 CEST. Please note: calling our EU number from the USA may incur international telephone tolls or additional charges. Please check with your service provider for applicable rates before making the call.

4. Access to Our Site and Use of Our Site

1. Access to Our Site is free of charge.
2. It is your responsibility to make the arrangements necessary in order to access Our Site.
3. Use of Our Site is subject to Our Website Terms of Use, available at www.nubis-physio.store/terms-of-use. Please ensure that you have read them carefully, that you understand them, and that you agree to them.

5. Changes to these Terms of Sale

1. We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance via email (if you are a registered user of our website) and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
2. If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

6. Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of business.  If you are a business customer, please consult our B2B Business Terms of Sale at – www.shop.nubis-physio.com/B2B-terms.

7. International Customers

Please note that We only deliver within the countries, states or areas that are clearly stated here.

8. Goods, Descriptions, and Changes

1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:
   1. Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;
   2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
   3. Please note: Nubis Physio products are designed for use by physiotherapists and other qualified professionals. They are not intended for personal, home, or consumer use. Such consumers use our products at their own risk. Our products are not medical devices and are intended for non-medical commercial use by trained professionals only.
2. Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 14.
3. Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched.

Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.

Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.

4. Significant changes may also be made to our Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.

9. Pricing

1. We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time.Changes in price will not affect any Order that you have already placed. Please note, however, that changes in applicable taxes will, as explained below in Part 9.2.
2. All prices on Our Site include applicable taxes whereby the amount of applicable taxes will be automatically included in the final payable amount that is disclosed to you during checkout.
3. All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.

If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.

If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 5 business days, We will treat your Order as cancelled and inform you of the cancellation in writing.

4. If We mistakenly accept and process an Order where an obvious and unmistakable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.
5. Delivery charges are not included in the price of Goods shown on Our Site. For more information on delivery charges, please refer to the delivery price that is made available to you at check-out or visit www.shop.nubis-physio.com/where-we-deliver. Delivery options and related charges will be presented to you as part of the order process.

10. Orders and How Contracts Are Formed

1. Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
2. If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.

If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.

If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.

We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.

3. No part of Our Site constitutes a contractual offer capable of acceptance.

Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.

Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.

4. Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
5. In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.

We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.

11. Payment

1. Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
2. We will not charge your chosen payment method until We dispatch the Goods.
3. We accept the methods of payment that are made available to you during check-out.
4. If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know. 

12. When You Own the Goods

Ownership of the Goods passes to you once We have received payment in full of all sums due.

13. Delivery

1. All Goods purchased through Our Site will normally be delivered within the delivery date, that is disclosed to you during check out based on your location unless otherwise agreed or specified during the ordering process. All goods are delivered following the Delivered Duty Paid (Incoterm 2020) Incoterm unless a different agreement is reached in connection with an individual order.
2. We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
3. If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.
4. If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.
5. If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions.

We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.

6. In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
   1. We have refused to deliver the Goods;
   2. In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
   3. You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.
7. If you do not wish to cancel under Part 13.6, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
8. You may cancel all or part of your Order under Parts 13.6 or 13.7 provided that separating the Goods in your Order would not significantly reduce their value.

Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.

If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange a collection.

9. Responsibility for the Goods passes to you once We have delivered the Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods from Us.
10. As explained in Part 10.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.

14. Faulty, Damaged, or Incorrect Goods

We are committed to ensuring that all products meet high-quality standards. If you receive a product that is faulty, damaged in transit, or incorrect, you are entitled to a replacement, repair, or refund in accordance with applicable U.S. consumer protection laws, including the Federal Trade Commission (FTC) regulations and relevant state laws. Please see California resident applicable clauses below in section 16. of these terms.

14.2 Reporting an Issue

If you receive a faulty, damaged, or incorrect item, you must notify us within 8 days of receiving your order by contacting us via info@nubis-physio.com and providing your order number, a description of the issue, photographic or video evidence of the fault or damage.

14.3 Resolution Options

Upon verification of the issue, we may (at our sole discretion) choose to offer you one of the following remedies:

• Replacement – We may send you a new product at no additional cost.
• Repair – If applicable, we may provide instructions or arrange for repairs.
• Refund – If a replacement or repair is not feasible, we may issue a full refund to your original payment method.

14.4 Return Requirements

In some cases, we may require the return of the faulty or incorrect item. We will provide a prepaid return label if a return is necessary. Items must be returned in their original condition unless the defect prevents this.

14.5 Exclusions

Please note that this policy does not cover:

• Damage caused by misuse, neglect, or unauthorized modifications
• Normal wear and tear
• Issues reported beyond the specified notification period

Our goal is to resolve your issue as quickly as possible. Please allow 15 business days for processing after we receive your claim.

15. Withdrawal (Right to Cancel)

15.1 Withdrawal

In compliance with U.S. consumer protection laws, you may contact us with your request to withdraw from a purchase, whereby accepting your withdrawal is in our sole discretion. To initiate a withdrawal, contact us at info@nubis-physio.com.

16. Warranties, faulty goods and withdrawals/returns for California residents

Please note: this section only applies to purchases made by consumers who are California residents. 

16.1. Implied Warranties under California Law

Under California law, including the Song-Beverly Consumer Warranty Act, all products sold in California are covered by implied warranties of merchantability and fitness for a particular purpose unless otherwise specified. This means that our products are warranted to be:

• Of average quality and fit for ordinary use.
• Fit for a particular purpose if you have informed us of that purpose at the time of purchase.

If your product is defective, does not meet these standards, or is unfit for its intended purpose, you are entitled to a remedy under California law.

16.2. Warranty Coverage

Our warranty covers defects in material or workmanship for a period of 12 months from the date of delivery to the buyer.

• Product Replacement: If your product is defective, we will, at our discretion, either repair the product, replace it with a new or refurbished item, or issue a refund based on the circumstances.
• Warranty Claims: To make a claim under this warranty, please contact us at info@nubis-physio.com within the warranty period. You must provide proof of purchase (e.g., order number) and details of the defect or issue.
• Exclusions: This warranty does not cover damages caused by misuse, neglect, accidents, unauthorized modifications, or normal wear and tear.

16.3. Refunds, Replacements, and Repairs

If your product is defective, you are entitled to one of the following remedies under California law:

• Replacement: If we are unable to repair the product, we will provide a replacement item at no additional cost to you.
• Repair: If the product is repairable, we will either repair it or send it to an authorized repair center at no charge to you.
• Refund: If we are unable to replace or repair the defective product, we will issue a full refund to the original payment method or, if applicable, provide store credit. The refund will be issued once the defective product has been returned.

You may be asked to return the defective product to us. 

16.4. How to Request Warranty Service

If you believe your product is defective, please contact our customer support team at info@nubis-physio.com and provide the following information:

• Your order number.
• A detailed description of the defect.
• Photographic or video evidence of the issue (if applicable).

Once we receive your claim, we will review the issue and provide instructions

on how to proceed with the repair, replacement, or refund process.

16.5. Legal Rights

This warranty gives you specific legal rights under California law. You may also have additional rights under other state laws or federal law. If you have any questions about your warranty rights, we encourage you to consult a legal professional.

16.6. Limitation of Liability

To the fullest extent allowed by law, we are not responsible for any indirect, incidental, or consequential damages resulting from the use of our products, including but not limited to loss of profits, business interruption, or any other loss resulting from a defect in the product. Our liability is limited to the repair, replacement, or refund as described in this warranty policy. We disclaim all liability for injuries, losses, or damages arising from improper assembly, use, maintenance, or unauthorized modifications in connection with any and all of our products. Our products are not medical devices and are intended for non-medical commercial use by trained professionals only.

17. Refunds

1. All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:
   1. If you are exercising your right to change your mind under the cooling-off period (when/if applicable and accepted by us), We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
   2. Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges. 
   3. All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
   4. The day on which We receive the returned Goods;
   5. The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);
   6. If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or
   7. If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.

18. Our Liability to Consumers

1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
2. We only supply goods for professional use that are not intended to be used by consumers. Nubis Physio products are designed for use by physiotherapists and other qualified professionals. They are not intended for personal, home, or consumer use. Such consumers may use our products at their own risk.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale) if such representation is not specifically stated in these terms or any warranty documentation. We will not be liable to you for any damages, claims, loss of profit, loss of business, interruption to business, or for any loss of business opportunity. We disclaim all liability for injuries, losses, or damages arising from improper assembly, use, maintenance, or unauthorized modifications in connection with any and all of our products. Nothing in these terms seeks to limit or exclude Our liability for any liability that cannot be excluded or restricted by applicable law.
3. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 14.

19. Class Action Waiver

By purchasing products or using services provided by us, you agree to the following terms:

1. Waiver of Class Action Rights

You agree that any disputes, claims, or causes of action arising out of or relating to your use of our products or services (including but not limited to any legal claims) will be resolved individually and not as part of a class action, collective action, or representative action. This means that you waive any right to participate in a class action lawsuit or any action involving other individuals or businesses.

2. Individual Arbitration

Any claim or dispute that you have with us will be resolved through individual arbitration, rather than in court. You agree that arbitration shall be the exclusive forum for resolving disputes, and you waive any right to a jury trial, class action, or other collective legal proceeding.

3. No Class or Representative Actions

You acknowledge and agree that you cannot bring a claim as a class representative, or as part of a class, and you cannot participate in a class action or any other representative proceeding. You agree that any arbitration or lawsuit will only proceed on an individual basis and not on behalf of any other person or group of individuals.

4. Exceptions

This class action waiver does not apply to any claims that are specifically prohibited by applicable law, or to any claims in which a court has determined that the waiver is unenforceable. For example, certain consumer protection claims under federal or state law may be subject to different rules depending on the jurisdiction.

5. Severability

If any part of this class action waiver is found to be unenforceable or invalid by a court or arbitration panel, the remainder of the waiver and the arbitration agreement will remain in full force and effect. In such cases, the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

20. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy, – http://www.shop.nubis-physio.com/privacy.

21. What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

22. Other Important Terms

1. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
2. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
3. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
4. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

23. Law and Jurisdiction

1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Slovenian law.
2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in this section 23. takes away from or reduces your legal rights as a consumer.
3. If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of  the Republic of Slovenia, as determined by your residency.
4. If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of the Republic of Slovenia.