General Terms & Conditions of Business

These General Terms & Conditions of Business apply to all agreements concluded between the customer and yband therapy AG via the website www.ybandtherapy.com and also contain legal information regarding the customer’s rights pursuant to regulations concerning distance transaction/electronic commerce agreements.

1. Scope of Application, Contracting Parties
2. Goods and Services Offered; Descriptions of Goods and Services
3. Order Process and Purchase Agreement
4. Prices and Shipping Costs
5. Delivery; Availability of Goods
6. Payment Methods
7. Retention of Ownership
8. Material Defects Warranty and Guarantee
9. Liability
10. Storing of Purchase Agreement Text; Contractual Language
11. Data Protection
12. Right to Withdraw
13. Code of Conduct
14. Place of Jurisdiction; Applicable Law

1. Scope of Application; Contracting Parties

1.1. The business relationship between yband therapy AG (hereinafter: the Seller) and the customer (hereinafter: the Customer) is exclusively governed by the following General Terms & Conditions of Business (version valid as of the order date).

1.2. A consumer as defined in these General Terms & Conditions of Business as any natural person who enters into a legal transaction for a purpose which is primarily not attributable to activities relating to his/her profession or self-employment (§ 13, German Civil Code [BGB]).

1.3. Any deviating conditions of the Customer shall not apply unless the Seller explicitly gives its consent to their applicability.

1.4. For the Customer, the contractual party for agreements concluded via the yband therapy website (www.ybandtherapy.com) shall be yband therapy AG, Laufenstrasse 66, 4053 Basel, Switzerland.

2. Goods and Services Offered; Descriptions of Goods and Services

2.1. The information regarding the products in the online shop does not constitute a legally binding offer but an invitation to place an order. Descriptions of goods and services in catalogs and on the Seller’s websites do not constitute an assurance or guarantee.

2.2. All goods and services offered shall be subject to the proviso “while stocks last” unless indicated otherwise next to the product. Furthermore, errors shall be excepted.

3. Order Process and Purchase Agreement

3.1. A purchase agreement arises when the order process is completed and the Seller briefly notifies the Customer of this.

3.2. The Customer can non-bindingly select from among the range of the Seller’s products and click on ‘Add to shopping cart’ to place them in the shopping cart. Within the shopping cart, the Customer can then click on ‘Proceed to checkout’ in order to complete the order process. Here the Customer must enter all necessary information in the relevant fields.

3.3. By clicking on ‘Buy’ the Customer makes a binding request to purchase the goods in the shopping cart. Before placing the order, the Customer can review and modify the data at any time. Mandatory information is indicated with an asterisk (*).

3.4. The Seller then sends the Customer automated confirmation of receipt via e-mail specifying the Customer’s order and which the Customer can print out via the ‘Print’ function (order confirmation). This automated confirmation of receipt merely documents the fact that the Seller has received the Customer’s order and does not constitute acceptance of the order. The purchase agreement does not come into effect until the Seller, within two days, has dispatched or handed over the ordered product to the Customer or confirmed dispatch by means of a second e-mail, explicit order confirmation or dispatch of the invoice.

3.5. If the Customer has chosen to pay via advance payment, the purchase agreement comes into effect when he/she supplies his/her bank data and payment is requested. If, despite being due, and despite a further request for payment having been sent, payment is not received by the Seller within ten calendar days following order confirmation, the Seller is entitled to withdraw from the purchase agreement, as a result of which the order shall lapse and the Seller shall not be obliged to deliver the product(s) in question. The order shall then be deemed to have been dealt with from the standpoint of both Customer and Seller, with no further consequences. Products will therefore only be reserved for a maximum of ten calendar days in the case of advance payment.

4. Prices and Shipping Costs

4.1. All prices indicated on the Seller’s website include statutory applicable value-added tax.

4.2. In addition to the prices shown, the Seller will charge shipping costs. The shipping costs will be clearly indicated during the order process.

5. Delivery; Availability of Goods

5.1. If the agreed payment method is advance payment, the products will be shipped after the invoice amount has been received. The Seller will otherwise dispatch the ordered products in a timely manner in order to ensure that they are delivered to the Customer within the delivery time indicated.

5.2. If not all the products ordered are in stock and this has been explicitly indicated in the product description, the Seller is entitled to provide partial delivery at its own cost, insofar as this is acceptable to the Customer. The parts of the order which become available at a later date shall be delivered to the Customer within the delivery time indicated on the web page for such items. The Seller will notify the Customer immediately if, for parts of the order, unforeseen delivery delays occur which were not indicated in the product description. The Customer shall be entitled in such cases to withdraw from the purchase agreement or to approve one or more partial deliveries.

5.3. If the ordered product is not available because the Seller, without itself being culpable, has not been supplied with the product by its supplier, the Seller shall be entitled to withdraw from the purchase agreement. In such cases the Seller must immediately notify the Customer and if appropriate shall suggest to the Customer that a comparable product be delivered. If no comparable product is available or the Customer does not wish to receive a comparable product, the Seller shall immediately reimburse the Customer for any payments which have already been made.

5.4. Customers will be kept informed about delivery times and delivery restrictions (e.g. the fact that orders can only be shipped to certain countries) on a separate information page or within the applicable product description.

6. Payment Methods

6.1. Before placing the order, the Customer can choose from the available payment methods. The following payment methods are accepted: Paypal, credit card (Visa/Mastercard), Postcard/E-Postfinance, and purchase on account (where appropriate). The question of whether ‘Purchase on account’ is offered as a payment method is at the Seller’s discretion and in particular depends on the value of the goods, the contents of the shopping cart, and the person placing the order. In individual cases, in particular if the Seller is aware that the Customer’s credit quality is inadequate, the Seller may refuse to accept ‘Purchase on account’ even after the Customer has placed the order. In such cases the Customer can decide whether he/she wishes to pay via advance payment or PayPal or whether to abort the order.

6.2. If the Customer has selected ‘Purchase on account’ as payment method, payment must be made within 14 days following receipt of the goods and invoice. With all other payment methods, payment must been made in full in advance.

6.3. If the payment due date is calendar-based, the Customer shall be deemed in arrears as soon as he/she misses the due date. In such cases the Customer shall pay the statutory interest on arrears.

6.4. The Customer’s obligation to pay interest on arrears does not mean that the Seller cannot also assert further arrears damages.

6.5. The Customer only has the right to offset if his/her counterclaims are res judicata or have been acknowledged by the Seller.

7. Retention of Ownership

The Seller retains ownership of the delivered goods until payment has been made in full.

8. Material Defects Warranty and Guarantee

8.1. The warranty shall be subject to the relevant legislation without restriction.

8.2. A guarantee shall apply to the goods supplied by the Seller only if such guarantee has been explicitly provided. Insofar as a guarantee is provided, the Customer shall be informed about the guarantee conditions before the order process is initiated.

9. Liability

9.1. The liability exclusions and limits set forth below apply to the Seller’s liability for damages, regardless of other statutory prerequisites for claims.

9.2. The Seller shall bear unlimited liability insofar as the damages are due to intent or gross negligence.

9.3. Furthermore, the Seller shall be liable for any negligent infringement of material obligations that jeopardizes the achievement of the purpose of the agreement and for the infringement of obligations necessary for ensuring proper implementation of the agreement and which the Customer can reasonably expect to be fulfilled (cardinal obligations). However, the Seller shall only be liable in such cases for foreseeable damages which are typical of such an agreement. Notwithstanding the provisions contained in Section 9.4, the Seller shall not be liable for the negligent infringement of any other obligations which are not specified in the paragraphs above.

9.4. The aforementioned limits on liability do not apply in the event of loss of life, bodily injury or damage to health, defects after a guarantee of product quality has been provided, or fraudulent concealment of a defect. Liability pursuant to the Product Liability Act [ProdHaftG] shall remain unaffected.

9.5. Insofar as the Seller’s liability is disclaimed or limited, this shall also apply to the personal liability of employees, representatives and agents.

9.6. Section 8.1 shall remain unaffected.

10. Storing of Purchase Agreement Text; Contractual Language

10.1. The Customer can print out the purchase agreement text before placing his/her order by using his/her browser’s print function in the last step of the order.

10.2. The purchase agreement text will be stored in digital form by the Seller so that the agreement can be implemented and will be kept for three years. Furthermore, the purchase agreement text, including all provisions, will be sent to the Customer by e-mail immediately after conclusion of the agreement. The Customer will be able to consult the purchase agreement text provided he/she retains this e-mail in his/her inbox. If the Customer deletes the e-mail and needs to consult the purchase agreement text, he/she may request a copy at any time during the three-year period following conclusion of the agreement by e-mailing us at info@ybandtherapy.com. The provider will then send a copy of the purchase agreement text to the Customer.

10.3. The purchase agreement is available in German and English.

11. Data Protection

11.1. The Seller will process the Customer’s personal data for the agreed purpose and in accordance with the relevant legislation.

11.2. Personal data (e.g. name, e-mail address, address, payment data) which have been provided for the purpose of ordering goods will be used by the Seller to fulfill and process the purchase agreement. They will be kept confidential and not be forwarded to third parties who are not involved in the order, delivery or payment processes.

11.3. The Customer is entitled to request that information concerning the personal data about him/her which have been stored by the Seller be sent to him/her free of charge. Furthermore, the Customer is entitled to ask for incorrect data to be corrected and for his/her personal data to be blocked and deleted unless a statutory storage obligation applies.

11.4. Further information concerning the type, scope, place and purpose of the Seller’s gathering, processing and use of necessary personal data can be found in the Data Protection Declaration.

12. Right to Withdraw

12.1. When a consumer enters into a distance transaction, he/she has a statutory right to withdraw; statutory information regarding that right to withdraw and the Withdrawal Form are provided below. Section 12.2 contains a link to the Withdrawal Form. Exceptions to the right to withdraw are explained in Sections 12.3-12.5.

Information regarding Right to Withdraw

Right to Withdraw

You are entitled to withdraw from this agreement within 14 days without stating the reasons.

The 14-day withdrawal period begins on the day on which you or a third party specified by you who is not the carrier took possession of the goods. In order to exercise your right to withdraw, you must send us clear notification (e.g. by mail, fax or e-mail) of your decision to withdraw from this agreement to:

yband therapy AG
Laufenstrasse 66
4053 Basel
Switzerland

Tel.: +41 615 156 480

E-mail: info@ybandtherapy.com

You can use the attached Withdrawal Form if you wish (this is not mandatory).

To meet the 14-day withdrawal period deadline, it suffices if the date on which you send us your notice of withdrawal is before the end of the 14-day withdrawal period.

Consequences of Withdrawing

If you withdraw from this agreement, we are obligated, immediately and no later than 14 days after receiving your notice of withdrawal, to reimburse all payments which we have received from you, including shipping costs (exception: additional costs which arise if you use a shipping method other than the inexpensive standard shipping method offered by us). Unless explicitly agreed with you otherwise, we will use the same payment method for the reimbursement as was used by you for the original transaction; under no circumstances will you be charged fees for the reimbursement.

We may refuse to carry out reimbursement until we have received the goods back or until you have supplied evidence that you have returned the goods, depending on which is the earlier.

You must send or give back the goods immediately and in all instances no later than 14 days after submitting your notice of withdrawal. In order to meet this deadline, it suffices if you dispatch the goods no later than 14 days after submitting your notice of withdrawal.

You must bear the direct costs of sending back the goods.

You will be held responsible for any loss in the value of the goods only if the loss of value is attributable to unnecessary activities relating to checking of the quality, characteristics and functioning of the goods.

End of information regarding right to withdraw

12.2 Withdrawal Form

If you wish to withdraw from the agreement, you can fill out this form and send it to us.

12.3. The right to withdraw does not apply in the case of agreements regarding the supply of audio recordings, video recordings or computer software in a sealed package if the seal has been removed following delivery.
12.4. The right to withdraw does not apply in the case of agreements regarding the supply of goods which are not prefabricated and for the manufacture of which the consumer's individual selection or specifications are definitive or which are clearly customized to the consumer’s personal requirements.
12.5. The right to withdraw does not apply in the case of agreements regarding the supply of sealed goods which for health protection or hygiene reasons are not suitable for return if the seal has been removed following delivery.

13. Place of Jurisdiction; Applicable Law
13.1. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of UN CISG.  The relevant legislation regarding constraints on choice of law and applicability of mandatory regulations, in particular of the country in which the Customer as consumer habitually resides, shall remain unaffected.
13.2. If the user is a merchant or a legal entity or special fund under public law, the place of jurisdiction and place of fulfillment shall be the location of the Seller’s headquarters.

Data Protection Declaration

Below we provide our Data Protection Declaration, with information about how we gather and use personal data when you use our website. You can access this Data Protection Declaration via our website at any time.
We explicitly wish to point out that when data are transferred over the Internet (e.g. when communicating via e-mail), there may be security vulnerabilities and it may not be possible to provide complete protection against access by third parties.


1. INFORMATION REGARDING THE GATHERING OF PERSONAL DATA AND PROVIDER IDENTIFICATION

1.1 Below we provide information on how personal data are gathered when you use this website. Personal data are data which relate to you personally, e.g. name, address, e-mail address or user behavior.

1.2 The provider and responsible entity is yband therapy AG, Laufenstrasse 66, 4053 Basel, Switzerland, e-mail: info@ybandtherapy.com. See also our imprint.


2. RIGHT TO INFORMATION; RIGHT TO REVOKE

2.1 You are entitled at any time to demand that we provide information regarding the data about you which we have stored, and regarding the origin, recipients or categories of recipient to whom such data are sent and the purpose of storing the data.

2.2 If you have granted consent for the data to be used, you may revoke that consent at any time.

2.3 Please send all requests for information, queries regarding information or revocations of consent to the processing of data by e-mail to mailto:info@ybandtherapy.com or to the physical address specified in Section 1.2.


3. DATA SECURITY
We apply state-of-the-art technical measures to ensure data security, in particular to protect your personal data against risk during data transfer and to prevent third parties from accessing your data. We update these technical measures accordingly as the state of the art changes.


4. GATHERING OF PERSONAL DATA WHEN THE WEBSITE IS USED PURELY FOR INFORMATIONAL PURPOSES

4.1 If you use our website purely for informational purposes, i.e. you simply visit the website and do not establish contact with us or send us other information, we will not gather any personal data apart from the data which your browser sends to enable you to visit our website. These data are:
– IP address
– Date and time of visit
– Time zone differences relative to Greenwich Mean Time (GMT)
– Actual webpage(s) visited
– Access status/HTTP status code
– Volume of data transferred
– Website from which the request comes
– Browser
– Operating system and user interface
– Language and version of browser software.

4.2 Furthermore, when you use the website, cookies will be stored on your computer. Cookies are small text files which can be stored on your hard drive and assigned to the browser you use; the entity which sets the cookie (i.e. in this case us) can then receive certain information. Cookies cannot execute programs or transfer viruses to your computer. They are used to make your interaction with us over the Internet more user-friendly and efficient.

4.3 This website uses cookies as follows:
— Transient cookies (session cookies)
— Persistent cookies (stored cookies).

4.4 Transient cookies are deleted automatically when you close your browser. Transient cookies include in particular session cookies. These save a session ID which is used to assign various queries made by your browser to the joint session. As a result, your computer can be recognized again when you return to our website. Session cookies are deleted when you close your browser.

4.5 Persistent cookies are deleted automatically after a specified period, which may vary depending on the cookie. You can delete cookies at any time via the security settings in your browser.

4.6 You can configure your browser settings in whatever manner you wish, e.g. you may refuse cookies. However, please note that if you refuse cookies, you may not be able to use all the functions of our website.

4.7 The stored information is stored separately from any other data you provide to us. In particular, cookie data are not linked to your other data.


5. GATHERING PERSONAL DATA WHEN YOU CONTACT US; GATHERING OF DATA FOR MARKETING PURPOSES AND ORDER PROCESSING

5.1 Personal data (e.g. your name, address and e-mail address) are gathered and processed if you explicitly provide us with this information when contacting us via our contact form. These data are used solely for the purpose of processing your inquiries (contact).

5.2 We gather personal data if you voluntarily provide such data when you open a customer account or place an order, for example by filling out the relevant form. We only store and use data you enter on a form (e.g. name, address, e-mail address, purchasing history and payment data) for the purpose of providing our services and fulfilling/processing any agreement with you unless you grant us separate consent to do otherwise. If your data are no longer required, e.g. for billing purposes, they will be deleted or blocked and they will be deleted after the statutory retention obligations under tax and commercial law have expired.

5.3 We will only use your data for marketing purposes (e.g. our newsletter) if you have granted your consent in advance. You may revoke such consent at any time with future effect.

5.4 We may also use your personal data in the event of product recalls in order to guarantee that our products can be used safely.


6. USE OF GOOGLE ANALYTICS

This website uses Google Analytics, a web analytics service provided by Google Inc. (Google). Google Analytics uses cookies, namely text files which are stored on your computer and allow your use of this website to be analyzed. The information generated by the cookies regarding your use of this website will be sent to a Google server in the United States and stored there. If IP anonymization is enabled on this website, Google will first abridge your IP address within EU member states and other EEA states. Only in exceptional cases will the full IP address be sent to a Google server in the United States and abridged there. On behalf of the operator of this website, Google will use this information to analyze your use of this website, generate reports regarding website activities and provide the website operator with other services relating to use of the website and the Internet. The IP address sent by your browser as part of Google Analytics will not be combined with other Google data. You can disable the storage of cookies via the appropriate setting in your browser software; please note, however, that if you do so, you may not be able to use all the functions of this website to their full extent. You can also disable Google’s gathering of the data generated by the cookie regarding your use of the website (including your IP address) and Google’s processing of such data by clicking on the following link ((http://tools.google.com/dlpage/gaoptout?hl=de) to download and install the appropriate browser plug-in.
For further information regarding usage conditions and data protection, please visit http://www.google.com/analytics/terms/de.html and http://www.google.com/intl/de/analytics/privacyoverview.html. Please note that Google Analytics will be enhanced on this website using the code ‘gat._anonymizeIp();’ in order to ensure that IP addresses are anonymized (IP masking).text

Information regarding Right to Withdraw

Right to Withdraw

You are entitled to withdraw from this agreement within 14 days without stating the reasons.
The 14-day withdrawal period begins on the day on which you or a third party specified by you who is not the carrier took possession of the goods. In order to exercise your right to withdraw, you must send us clear notification (e.g. by mail, fax or e-mail) of your decision to withdraw from this agreement to:

yband therapy AG
Laufenstrasse 66
4053 Basel
Switzerland
Tel.: +41 61 515 64 80 
E-mail: info@ybandtherapy.com

You can use the attached Withdrawal Form if you wish (this is not mandatory).

To meet the 14-day withdrawal period deadline, it suffices if the date on which you send us your notice of withdrawal is before the end of the 14-day withdrawal period.

Consequences of Withdrawing

If you withdraw from this agreement, we are obligated, immediately and no later than 14 days after receiving your notice of withdrawal, to reimburse all payments which we have received from you, including shipping costs (exception: additional costs which arise if you use a shipping method other than the inexpensive standard shipping method offered by us). Unless explicitly agreed with you otherwise, we will use the same payment method for the reimbursement as was used by you for the original transaction; under no circumstances will you be charged fees for the reimbursement.

We may refuse to carry out reimbursement until we have received the goods back or until you have supplied evidence that you have returned the goods, depending on which is the earlier.

You must send or give back the goods immediately and in all instances no later than 14 days after submitting your notice of withdrawal. In order to meet this deadline, it suffices if you dispatch the goods no later than 14 days after submitting your notice of withdrawal.
You must bear the direct costs of returning the goods.
You will be held responsible for any loss in the value of the goods only if the loss of value is attributable to unnecessary activities relating to checking of the quality, characteristics and functioning of the goods.

End of information regarding right to withdraw

Exceptions
• The right to withdraw does not apply in the case of agreements regarding the supply of audio recordings, video recordings or computer software in a sealed package if the seal has been removed following delivery.

• The right to withdraw does not apply in the case of agreements regarding the supply of goods which are not prefabricated and for the manufacture of which the consumer's individual selection or specifications are definitive or which are clearly customized to the consumer’s personal requirements.

• The right to withdraw does not apply in the case of agreements regarding the supply of sealed goods which for health protection or hygiene reasons are not suitable for return if the seal has been removed following delivery.

Withdrawal Form

The Withdrawal Form is available via the following link:

Information for Consumers

Contractual Party/Company ID:

yband therapy AG, Laufenstrasse 66, 4053 Basel, Switzerland

• Order Process

Below we explain the various steps for placing an order via www.ybandtherapy.com.


1. Shopping Cart/Order Overview

Choose the products you wish to order by clicking the ‘Add to shopping cart’ button. Your items will be added to the shopping cart. You can make changes at any time before sending your order by adjusting the number of products, deleting the selection by clicking on the waste bin icon or setting the quantity to zero ("0"), or simply aborting the order process. Clicking on ‘Proceed to checkout’ will take you to the next step.
The various steps in the order process are indicated on the bar at the top of the web page.


2. Authentication

If you already have a customer account, you can log in using your e-mail address and password. If you do not yet have a customer account, please set one up as this is a required step when ordering in order to ensure the complete traceability of medical products.

Mandatory fields are indicated with an asterisk (*). If you wish to use a different delivery or billing address, you can specify this in the next step (‘Address’).
Your data will be gathered, processed and used in accordance with the relevant data protection legislation (see information regarding data protection). Your data will not be used in any other way or forwarded to third parties.


3. Selection of Shipping Method

In the next step you can select the shipping method.
To move forward, you must click on the respective boxes to indicate that you have read and acknowledged the Information regarding Right to Withdraw and the General Terms & Conditions of Business.

Clicking on ‘Proceed to checkout’ will take you to the next step, in which you choose your payment method.


4. Selection of Payment Method

Here you select your payment method and can check your selected products one more time.


5. Order Overview

In this step, you will be provided with an order overview. By clicking the ‘Buy’ button, you place your order and are then under obligation to pay.
If data are incorrect, you can still correct them at this point. To do so, simply click on the bar in the upper part of the web page to take you back to the step you wish to correct. If you wish to correct an input error after placing the order, simply send an e-mail to info@ybandtherapy.com. We will then correct the input error manually.


6. Completion of the Order Process

After the order has been placed, an order confirmation will be displayed immediately and you will be offered the option of tracking your order.
You will also immediately receive an e-mail containing a summary of your order: the e-mail will indicate the products selected, delivery time, shipping and billing address and your contact details. In addition, you will once again be offered the option to read the General Terms & Conditions of Business, payment information, and the Information regarding Right to Withdraw.
As soon as we have processed your order and the products are on their way to you, you will receive a further e-mail notifying you that your order has been completed. When this e-mail is sent, the purchase agreement for the items you have ordered will come into force. Attached to this e-mail you will find your invoice (as a PDF file). A printed copy of your invoice will also be enclosed in your shipment.


• Purchase Agreement: Available Languages

The purchase agreement is available in German and English.

• Storing of Purchase Agreement Text

The purchase agreement text will be stored in digital form by the seller so that the agreement can be implemented and will be kept for three years. Furthermore, the purchase agreement text, including all provisions, will be sent to the customer by e-mail immediately after conclusion of the agreement. The customer will be able to consult the purchase agreement text provided he/she retains this e-mail in his/her inbox. If the customer deletes the e-mail and needs to consult the purchase agreement text, he/she may request a copy at any time during the three-year period following conclusion of the agreement by e-mailing us at info@ybandtherapy.com. The provider will then send a copy of the purchase agreement text to the customer.

• Payment Options

The following payment options are available:

PayPal
Credit card (VISA/Mastercard)
PostFinance Card/Postcard E-Finance (Switzerland only)
Girocard (Germany only)
Sofortüberweisung


• Your Statutory Warranty Rights

Statutory warranty claims shall apply without limit.

• Customer Service

Customer service is reachable during the following periods as indicated below:

Tel.: +41 800 515 64 820 (free of charge), Monday-Friday 8:30 to 17:00
E-mail: info@ybandtherapy.com


• Countries to which we Ship; Delivery Times

We ship to the following countries: Germany, Austria, Italy, Netherlands, Belgium, France, Switzerland, Sweden, Denmark, Luxembourg.
Unless indicated otherwise for the actual product, delivery times are as follows:
Country Delivery Time
Germany 2-4 days
EU 3-5 days
Switzerland 3-5 days


Shipping costs:
The shipping costs are indicated via the shopping cart system and on the order page.

• European Commission’s Online Dispute Resolution Website

Online dispute resolution as defined in Art. 14 Paragraph 1 of Regulation (EU) No. 524/2013:
The European Commission’s Online Dispute Resolution website is available at: http://ec.europa.eu/consumers/odr/

• Consumer Arbitration Proceedings
We will not participate in dispute resolution proceedings before a consumer arbitration body as defined in the Consumer Dispute Resolution Act [VSBG] and are also not obliged to do so.