Terms and Conditions

General Terms and Conditions

Section 1: Scope of Application, Contracting Party

These General Terms and Conditions apply to all orders and deliveries of goods between DEEP Oasis GmbH, Müller-zu-Bruck-Str. 12, 83052 Bruckmühl, Germany, hereinafter referred to as the “Seller,” and its customers, in the version valid at the time the contract is concluded.

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 Seller 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 BGB or an entrepreneur within the meaning of Section 14(1) BGB. Where provisions differ for consumers and entrepreneurs, the text distinguishes between consumers under Section 13 BGB and entrepreneurs under Section 14(1) BGB. Where the text refers only to “customer,” the provision applies to both consumers and entrepreneurs.

Section 2: Conclusion of the Contract

By submitting the completed order form or a purchase order by email, the customer submits a binding order within the meaning of Sections 145 et seq. BGB to the Seller, to which the customer remains 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 dispatching the ordered product to the customer.

For purchases in the online shop: The order is stored by the Seller after conclusion of the contract and can be accessed by the customer after completion of the ordering process in the customer’s shop login area. The order data can be printed by the customer immediately after submission, or the customer may use the “order confirmation” email for this purpose.

The contract language is German or English.

Section 3: Prices

The prices stated are in euros and are exclusive of statutory VAT, other price components, and any applicable shipping costs.

Section 4: Delivery

The delivery date shall be agreed individually between the parties. The Seller is entitled to make partial deliveries and provide partial services at any time, provided these are reasonable for the customer. If partial deliveries are carried out by the Seller, the Seller shall bear the additional delivery costs.

If the customer is a consumer, the Seller shall bear the transport 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.

If the Seller is unable to deliver the ordered goods through no fault of its own because its supplier fails to fulfill its contractual obligations, the Seller is entitled to withdraw from the contract with the customer. This right of withdrawal exists only if the Seller has concluded a congruent covering transaction with the relevant supplier, meaning a 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 unavailable. Any payments already made by the customer shall be refunded without delay.

If the Seller is prevented from fulfilling its delivery obligation due to unforeseen events, such as war, natural disasters, strikes, or force majeure, and if such events could not be prevented even with reasonable care under the circumstances, the delivery period shall be extended appropriately. The Seller shall also inform the customer of this without delay. The customer’s statutory rights remain unaffected.

Section 5: Retention of Title

The goods remain the property of the Seller until the purchase price has been paid in full. Before ownership is transferred, pledging, transfer by way of security, processing, or transformation of the goods is not permitted without the Seller’s consent. The customer must notify the Seller immediately in writing if and to the extent that third parties gain access to the goods.

Section 6: Payment Terms

The purchase price and any applicable shipping costs are due upon conclusion of the contract.

30% of the purchase price is due upon conclusion of the contract, and 70% is due upon delivery.

The customer may choose to pay in advance by bank transfer, by cash on delivery, or by direct debit.

Lease financing: confirmation from the leasing bank must be provided.

Bank financing: through the buyer’s house bank. Financing confirmation must be provided.

In addition, for orders with a value of EUR 50,000 or more, it is possible to open a letter of credit. Accepted conditions: unconditional, irrevocable, payable upon first demand, without deduction.

Section 7: Right of Withdrawal

If the customer is a consumer, meaning a natural person who places the order for a purpose that cannot be attributed to their commercial or self-employed professional activity, the customer has a right of withdrawal in accordance with statutory provisions.

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.

To exercise your right of withdrawal, please contact us:

DEEP Oasis GmbH
Müller-zu-Bruck-Str. 12
83052 Bruckmühl, Germany
Email: info@deep-oasis.com

By means of a clear statement, for example a letter sent by post, fax, or email, please inform us of your decision to withdraw from this contract. You may use the sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising your right of withdrawal before the withdrawal period expires.

If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs, except for any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us, without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this reimbursement.

We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first. You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires.

We shall bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for checking their condition, properties, and functionality.

The right of withdrawal does not apply to distance contracts for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer.

The right of withdrawal does not apply to distance contracts for the delivery of goods that are made according to customer specifications or clearly tailored to personal needs.

Section 8: Liability for Defects

The Seller shall be liable for defects existing at the time of delivery of the goods for a warranty period of twenty-four months for consumers and twelve months for entrepreneurs.

When selling used goods, the Seller provides a warranty period of twelve months for consumers and six months for entrepreneurs.

Warranty rights of a customer who is an entrepreneur require that the customer has complied with their inspection and notification obligations under Section 377 HGB in writing and without delay.

Section 9: Transport Damage

If the customer notices obvious transport damage upon delivery, the Seller requests that the customer immediately file a complaint with the delivery service and contact the Seller as soon as possible by phone at +49 (0) 2131 1510 896. The statutory defect claims of the consumer remain unaffected. However, doing so helps the Seller assert its claims against the commissioned transport company.

For customers who are entrepreneurs, the statutory provisions apply.

Section 10: Maintenance and Service

If no additional maintenance contract or maintenance and service agreement is concluded between the parties, the Seller is prepared to carry out service work at the customer’s request during regular business hours.

The Seller’s general repair conditions apply.

Section 11: Liability

The Seller shall be liable without limitation for damages caused intentionally or by gross negligence, for fraudulent concealment of defects, and where a guarantee of quality has been assumed.

For other damages caused by simple negligence, the Seller shall only be liable if an obligation is breached whose fulfillment is of particular importance for achieving the purpose of the contract, known as a cardinal obligation, and only if the damages are typical and foreseeable based on the contractual use of the goods. Where the Seller’s liability is excluded or limited, this also applies to the personal liability of the Seller’s employees, representatives, and vicarious agents.

Liability under the Product Liability Act remains unaffected.

If the Seller provides technical information or advice, and such information or advice is not part of the contractually agreed scope of services owed by the Seller, this is provided free of charge and with exclusion of any liability.

Section 12: Exceptions

These General Terms and Conditions do not apply to brokered products from the companies Bemer and Ethno-Health, nor generally to products that are not sold on the Seller’s own account. The General Terms and Conditions of the respective company apply to these products.

Section 13: Final Provisions

German law applies. If the customer is a consumer, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

If the customer is a merchant or a legal entity under public law, the place of jurisdiction for all disputes arising from this contract shall be Bruckmühl. If one or more provisions of these General Terms and Conditions are invalid, this shall not affect the validity of the entire contract. The invalid provision shall be replaced by the relevant statutory provision.

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 waiver of this written form requirement.