Hans Drexler & Birgit Jänicke, Duisburgerstr.4, 68723 Schwetzingen
Goods and services are sold according to the following specific conditions of sale:
§1 General coverage
Our conditions of sale are the only valid conditions; contrary or different conditions imposed by a buyer are not accepted, unless we specifically agree, in writing, to these differing conditions. Our conditions of sale are still valid when we deliver goods and services to a customer who has made us aware of his conditions of purchase that differ from our conditions of sale, without obtaining our prior approval of these differing conditions.
All terms and conditions of the contract between the purchaser and seller are contained in this written contract.
§ 2 Offer and acceptance
The signed or per email accepted order is a binding contractual offer. 2. We are authorized to accept this offer within 2 weeks by sending a confirmation of your order or by sending the goods within the 2 week timeframe.
§ 3 Prices, conditions of payment and shipping costs
Payment on our invoices is, without other agreements, due after 10 days. German law is valid for damages/fees/and costs due to delayed or non-payment within the 10 day period.
Sales tax is included in the listed prices. On the invoice it will also be displayed at the current rate required by law. Discounts of invoiced amounts are only acceptable by prior written authorization. For shipping and packaging costs please have a look at our shipping cost table. Shipping will be with the following carriers - UPS or DHL. Shipping and packaging costs to foreign countries will be billed separately based on the weight of the shipment. You will receive a detailed email invoice including shipping costs before the goods are shipped. Shipment, packaging and transport of tanks and lead, and all shipments of goods to foreign countries, will be billed separately according to the weight shipped and are in addition to the sale price. At the request of the purchaser, we will arrange for shipping insurance, the additional costs will be paid by the purchaser.
§ 4 Delivery times
The agreed delivery time starts when all technical questions about your order are answered. Maintaining the agreed delivery time is dependent upon the customer promptly and correctly fulfilling his obligations. Nonfullfillment of delivery times due to the customer’s unfulfilled obligations are acceptable. We are authorized to bill the extra costs incurred by the customer’s inability to accept the delivery within a reasonable period, or if the customer is at fault that the purchase contract cannot be fulfilled. If the conditions of 3. are met, the risks of loss of shipment, damage and loss of resale value will be incurred by the customer. Our legal obligations are detailed in §286 Abs. 2 Nr. 4 BGB in the case of a fixed contract or in §376 HGB. Our obligations are also detailed by law if, in the case of a delayed delivery that is our fault, the customer wants to be reimbursed for damages and/or extra costs caused by the delayed delivery. We are also liable, according to law, for damages caused by delay that are a direct result of our wilful or grossly negligent actions, this liability is also assumed for others assisting us in the fulfilment of our contractual obligations. With the exception of wilful acts, our liability is limited to the normally occurring damages. Our liability is based on the culpable damage caused by our violation of an essential contractual obligation regarding delivery delay. In this case the liability is limited to the standard normally occurring damages. The customer may have further legal rights to be determined by the courts. § 5 Statutory right of withdrawal
You are entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which you or a third party , who is not the carrier, takes possession of the final goods delivered. In order to exercise the statutory right of withdrawal, you must notify us (Deepstop GmbH, Geschäftsführung Hans Drexler, Birgit Jänicke, Duisburger Str. 4, 68723 Schwetzingen, EMail firstname.lastname@example.org, Tel: +49 (0) 6203-26187, Fax +49 (0) 6203 - 9279254) of your decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail, fax or email). The withdrawal deadline shall be deemed to Deepstop be met if you are sending the communication concerning the exercise of the right of withdrawal before the expiry of the deadline. Consequences of withdrawal If you withdraw from this Contract, we must reimburse any payments we have received from your, including delivery costs (excluding Deepstop any additional costs incurred if you has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of your withdrawal from this Contract. We will use the same payment method you used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances you will be charged a fee for this refund. We may withhold the reimbursement until we have received the returned Deepstop goods or until you provided proof that you has returned the goods, whichever is earlier. You must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which you notifies us of withdrawal from this Deepstop Contract. The deadline is deemed to be met if you are sending the goods before the expiry of the fourteen-day deadline. You bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods if this loss in value is Deepstop attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods. Exclusions from the statutory right of withdrawal The statutory right of withdrawal shall not apply in the following cases: Delivery of Deepstop goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements. Delivery of sealed goods which are not suitable to be returned for reasons relating Deepstop to health protection or hygiene if their seal has been removed after delivery. Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery. Delivery of newspapers, journals or magazines
§ 6 Warranty
The warranty period is limited to 2 years from date of purchase. During this period all product defects will be repaired by us at no cost to the customer. Your rights are limited to repair of the goods. If the repair does not correct the problem you have the right to cancel the purchase contract or negotiate a reduction of the purchase price. Your warranty rights must be documented by a dated receipt/bill/invoice etc. Damages caused by normal use, abnormal use, lack of care or improper maintenance are not covered by guarantee. Collateral damages are specifically excluded. To obtain guarantee repairs please contact our service hotline +49 (0)6202 26187. Manufacturer’s guarantees may extend past our warranty. Weights, form and configuration are manufacturer’s specifications. Detail changes in the form of improvements, colour differences, mistakes and printing errors are reserved. Goods will be delivered as long as the remain in stock.
§ 7 Liability
Further liability, other than that that detailed in §6, is excluded. Damages caused by error during contractual acceptance, failed contractual obligations, and criminal misrepresentation of damages according to §823 BGB are specifically excluded. Limitations of liability that are valid for us are also extended to our employees.
§ 8 Ownership
The goods remain our property until complete payment has been received.
§ 9 Data Security
The personal data provided by the customer will only be used in accordance with the valid data security regulations.
§ 10 court jurisdiction
The customer agrees that, in the case of disagreements, the court in Mannheim Germany has jurisdiction (Amtsgericht Mannheim).
§ 11 Law
The laws of Germany are accepted and valid, use of UN purchase law is specifically excluded. § 12 Deepstop Testprogramm
The Deepstop Testprogram enables customers to order and testdive equipment for a small rental fee and the shipping charges. The ownership of the rental equipment remains with Deepstop. The Customer accepts the responsibility to return the goods, in good working order, properly packed and insured to Deepstop within 7 days. The rental fee is for a period of 7 days including weekends and holidays. If the return is delayed, the rental fee can be increased in accordance with the additional rental period. Equipment damage due to gross negligence will be paid for by the customer. Equipment handling information, in order to avoid grossly negligent damage, can be obtained from Deepstop by phone or email. The customer is responsible for the safe return of the rented equipment. The customer also has a right to purchase the rented equipment at a special price. A bill for the rented equipment, at the special price is enclosed. If you decide to keep the equipment, please contact Deepstop, so we can arrange payment.
New customers are not eligible to use the Deepstop Testprogram.