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General Terms and Conditions of Business
Serve Your Health Ltd.

§ 1 Scope of application, contracting parties

  •  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: Vekäuferin) and its customers, in the respective version current at the time of conclusion of the contract.
  • These General Terms and Conditions shall 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 an individual case.
  • For some of the following provisions, a distinction is made as to whether the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) or an entrepreneur within the meaning of Section 14 (1) of the German Civil Code (BGB). In the case of provisions that are different for consumers and entrepreneurs, a distinction is made in the text between consumers (§13 BGB) and entrepreneurs (§14 para. 1 BGB). If the text refers exclusively to "customer", the regulation applies to both consumers and entrepreneurs.

§ 2 Formation of the contract

  • By sending the completed order form or a purchase order by email, the customer submits a binding order within the meaning of §§ 145 ff. BGB to the seller, to which the customer is bound for four weeks.
  • 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.
  • For purchases in the Internet store: The order is stored by the Vekäuferin after conclusion of the contract and can be retrieved by the customer under his*her store login area after completion of the ordering process. The order data can be printed out by the customer immediately after submission or he can use the e-mail "order confirmation" for this purpose.
  • The contract language is German or English.

§ 3 Prices

The prices quoted are in euros and are exclusive of statutory value added tax and other price components as well as the applicable shipping costs.

§ 4 Delivery

  • 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.
  • If the customer is a consumer, the seller shall bear the transport risk. In other cases, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall already pass upon delivery of the goods to the forwarding agent, the carrier or to the person otherwise designated to carry out the shipment.
  • If the Seller is not able to deliver the ordered goods through no fault of its own because its supplier does not fulfill 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 hedging transaction with the supplier concerned.

(binding, timely and sufficient order of the goods) and is not otherwise responsible for the non-delivery of the goods. In such a case, the seller will immediately inform the customer that the ordered goods are not available. Any consideration already paid by the customer(s) will be refunded immediately.

  • 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 legal claims of the customer remain unaffected.

§ 5 Retention of title

The goods remain the property of the seller until full payment of the purchase price. Prior to the transfer of ownership, the goods may not be pledged, transferred by way of security, processed or transformed without the Seller's consent. The customer shall notify the seller immediately in writing if and to the extent that third parties have access to the goods.

§ 6 Terms of payment

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

§ 7 Revocation

If the customer is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to his/her commercial or independent professional activity), he/she shall be entitled to a right of withdrawal in accordance with the statutory provisions.

Right of withdrawal

You have the right to cancel 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.

To exercise your right of withdrawal, contact us:

DEEP Oasis GmbH
Müller-zu Bruck-Str. 12
83052 Bruckmühl
Germany
E-mail: info@deep-oasis.com
Fax: +49 (0) 2131 1510 833

By means of a clear declaration (e.g. a letter sent by mail, fax or e-mail), please inform us of your decision to revoke this contract. You can use the model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the direct costs of returning the goods. You will 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 testing the condition, properties and functioning of the goods.

The right of withdrawal does not apply to distance contracts

  • for the delivery of audio and video recordings or software, provided that the delivered data carriers have been unsealed by the consumer;
  • for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.

End of the cancellation policy

§ 8 Liability for defects

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

§ 9 Transport damage

  • If the customer notices obvious transport damage upon delivery, the seller asks to complain immediately to the deliverer and to contact the seller as soon as possible under the phone number :+49 (0) 2131 1510 896. The legal claims of the consumer are not affected by this. However, it facilitates the seller to enforce their claims against the contracted transport company.
  • For customers who are entrepreneurs, the statutory provisions apply.

§ 10 Maintenance/Service

If no additional maintenance contract or maintenance and service contract is concluded between the parties, the Vendor shall be prepared to perform service work at the Customer's request during regular operating hours. The general repair terms and conditions of the Seller shall apply in this respect.

§ 11 Liability

  • 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 in the event of the assumption of a guarantee of quality.
  • The Vendor shall only be liable for other damage 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 damage is typical and foreseeable due to the contractual use of the goods. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of the employees, representatives and vicarious agents of the User.
  • Liability under the Product Liability Act remains unaffected.
  • 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 shall be done free of charge and to the exclusion of any liability.

§ 12 Exceptions

The terms and conditions do not apply to brokered products of the companies Bemer and Ethno-Health, as well as generally for products that are not distributed on their own account. For these products, the terms and conditions of the respective company apply.

§ 13 Final provisions

  • German law shall apply. If the customer is a consumer, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle).
  • If the customer is a merchant or a public corporation, the place of jurisdiction for all disputes arising from this contract is Bruckmühl. Should one or more provisions of these GTC be invalid, this shall not entail the invalidity of the entire contract. The invalid provision shall be replaced by the relevant statutory provision.
  • Subsidiary agreements have not been made. Amendments or supplements to the contract must be made in writing to be effective. The same applies to the cancellation of this written form clause.

Bruckmühl, 01.02.2022