§ 1 Scope of application, contractual partners

1.  These General Terms and Conditions apply to all orders and deliveries of goods between DEEP Oasis GmbH, Müller-zu Bruck-Str. 12, 83052 Bruckmühl (hereinafter referred to as the "Buyer") and its customers, in the version current at the time the contract is concluded.
2. These General Terms and Conditions apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions shall not be recognized unless the user has expressly agreed to them in writing in individual cases.
3. For some of the following provisions, a distinction is made as to whether the customer is a consumer within the meaning of Section 13 BGB or an entrepreneur within the meaning of Section 14 (1) BGB. In the case of provisions that are different for consumers and entrepreneurs, a distinction is made in the text between consumers (Section 13 BGB) and entrepreneurs (Section 14 (1) BGB). If the text refers exclusively to "customer", the regulation applies to both consumers and entrepreneurs.

§ 2 Formation of the contract

1. By sending the completed order form or a purchase order by email, the customer places a binding order within the meaning of §§ 145 ff. BGB to the seller, to which the customer is bound for four weeks.
2. The contract with the seller is concluded when the seller accepts this offer by sending a separate order confirmation or by sending the ordered product to the customer
3. For purchases in the internet store: The order is saved by the seller after the contract has been concluded and can be accessed by the customer in their store login area after the order process has been completed. The order data can be printed out by the customer immediately after submitting the order or the customer can use the e-mail "order confirmation" for this purpose.
4. The contract language is German or English.

§ 3 Prices

1. The prices quoted are in euros and do not include statutory VAT and other price components or the shipping costs incurred

§ 4 Delivery

1. The time of delivery shall be agreed individually between the parties. The Seller shall be entitled to make partial deliveries and render partial services at any time, provided that these are reasonable for the Customer. If partial deliveries are made by the user, the seller shall bear the additional delivery costs.
2. If the customer is a consumer, the seller shall bear the transportation risk. In all other cases, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, carrier or other person designated to carry out the shipment.
3. If the Seller is unable to deliver the ordered goods through no fault of its own because its supplier fails to meet its contractual obligations, the Seller shall be entitled to withdraw from the contract with the Customer. However, this right of withdrawal shall only exist if the Seller has concluded a congruent covering transaction (binding, timely and sufficient order of the goods) with the supplier concerned and is not responsible for the non-delivery of the goods in any other way. In such a case, the seller shall inform the customer immediately that the ordered goods are not available. Any payments already made by the customer(s) will be refunded immediately.
4. If the Seller is prevented from fulfilling its delivery obligation due to the occurrence of unforeseen events, e.g. war, natural disasters, strikes and force majeure, and it was unable to avert these even with reasonable care under the circumstances, the delivery period shall be extended accordingly. The Seller shall also inform the Customer of this without delay. The customer's statutory claims shall remain unaffected by this.

§ 5 Retention of title

1. The goods shall remain the property of the seller until the purchase price has been paid in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the Seller's consent. The customer must inform the vendor immediately in writing if and to the extent that the goods are seized by third parties.

§ 6 Terms of payment

1. The purchase price and any shipping costs incurred are due upon conclusion of the contract.
2. 30% of the purchase price is due upon conclusion of the contract, 70% upon delivery
3. The customer can choose to pay in advance (bank transfer), by cash on delivery or by direct debit.
4. Leasing financing: the confirmation of the leasing bank must be submitted
5. Bank financing: by the buyer's bank. The financing confirmation must be submitted
6. In addition, it is possible to open a letter of credit from an order value of 50,000 euros. Accepted conditions: unconditional, irrevocable, payable on first demand, without deduction.

§ 7 Revocation

1. If the customer is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity), they have a right of withdrawal in accordance with the statutory provisions.
2. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
3. To exercise your right of withdrawal, please contact us:
   DEEP Oasis GmbH, Müller-zu Bruck-Str. 12, 83052 Bruckmühl, Germany
   E-Mail: info@deep-oasis.com
4. Please inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
5. 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 resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
6. The right of withdrawal does not apply to distance contracts for the delivery of audio and video recordings or software if the seal on the delivered data carriers has been broken by the consumer.
7. The right of withdrawal does not apply to distance selling contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.

§ 8 Liability for defects

1. The Seller shall be liable for defects existing at the time of delivery of the goods to consumers for a warranty period of twenty-four months and to entrepreneurs for a period of twelve months.
2. In the case of the sale of used goods, the vendor shall provide a warranty to consumers for a period of twelve months and to entrepreneurs for a period of six months.
3. Warranty rights of the customer, who is an entrepreneur, presuppose that he has fulfilled his obligation to inspect and give notice of defects in writing and without delay in accordance with § 377 HGB (German Commercial Code).

§ 9 Transport damage

1. If the customer notices obvious transport damage upon delivery, the seller asks him to complain to the deliverer immediately and to contact the seller as soon as possible on +49 (0) 2131 1510 896. This shall not affect the consumer's statutory claims for defects. However, it makes it easier for the seller to enforce her claims against the transport company commissioned.
2. For customers who are entrepreneurs, the statutory provisions apply.

§ 10 Maintenance/Service

1. If no additional maintenance contract or maintenance and service contract is concluded between the parties, the vendor is prepared to carry out service work at the customer's request during regular operating hours. 
2. The seller's general terms and conditions of repair shall apply.

§ 11 Liability

1. The Seller shall be liable without limitation for damage caused intentionally or by gross negligence and in the event of fraudulent concealment of defects and the assumption of a guarantee of quality.
2. The seller shall only be liable for other damages caused by simple negligence if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation) and if the damages are typical and foreseeable due to the contractual use of the goods. Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of the User's employees, representatives and vicarious agents.
3. Liability under the Product Liability Act remains unaffected.
4. Insofar as the seller provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by the seller, this is done free of charge and to the exclusion of any liability.

§ 12 Exceptions

1. The GTC do not apply to brokered products of the companies Bemer and Ethno-Health, as well as generally to products that are not sold on own account. The GTC of the respective company apply to these products.

§ 13 Final provisions

1. German law shall apply. If the customer is a consumer, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
2. If the customer is a merchant or a corporation under public law, the place of jurisdiction for all disputes arising from this contract shall be Bruckmühl. Should one or more provisions of these GTC be invalid, this shall not result in the invalidity of the entire contract. The invalid provision shall be replaced by the relevant statutory provision.
3. No ancillary agreements have been made. Amendments or additions to the contract must be made in writing to be effective. The same applies to the revocation of this written form clause.

Bruckmühl, 01.01.2024