AGB Webshop

Table of contents 

1. scope of application 

2 Conclusion of contract 

3. right of withdrawal 

4. prices and terms of payment 

5. delivery and shipping conditions 

6. retention of title 

7 Liability for defects (warranty) 

8 Applicable law 

9. place of jurisdiction 

10. alternative dispute resolution 

1) Scope 

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of DEGOS Dental GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed. 

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity. 

2) Conclusion of contract 

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer. 

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller via online contact form. 

2.3 The Seller may accept the Customer's offer within five days, 

- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or - by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or 

- by requesting payment from the customer after the order has been placed. 

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. 

2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller shall not make the text of the contract accessible beyond this. 

2.5 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process. 

2.6 Only the German language is available for the conclusion of the contract. 

2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered. 

3) Right of withdrawal 

3.1 Consumers are generally entitled to a right of withdrawal. 

3.2 More detailed information on the right of withdrawal can be found in the Seller's instructions on withdrawal. 

4) Prices and terms of payment 

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description. 

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop. 

5) Delivery and shipping conditions 

5.1 The delivery of goods shall be made by dispatch to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive. 

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods. 

5.3 Self-collection is not possible for logistical reasons. 

6) Retention of title 

If the seller makes advance payment, he shall retain ownership of the delivered goods until the purchase price owed has been paid in full. 

7) Liability for defects (warranty) 

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply. 

7.2 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects. 

8) Applicable law 

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the granted 

protection is withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. 

9) Jurisdiction 

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business. 

10) Alternative dispute resolution 

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr 

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. 

10.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. 

AGB CAD/CAM

GENERAL TERMS OF PAYMENT AND DELIVERY
- B2B -
the
DEGOS Dental GmbH Bayernstr. 10a
D-93128 Regenstauf
Tel: +49 (0) 9402 788 48 43
Fax: +49 (0) 9402 788 48 44
Managing Director: Roland Göken
Register Court: Regensburg Local Court Register Number: HRB 11462 Sales Tax ID: DE265560727
Legal domicile: Regensburg

§1 General

1.1 The following terms and conditions apply to all our offers, sales,
deliveries and services and become part of the contract. They do not apply
if our contractual partner is a private person and does not act professionally or commercially. They
shall also apply to all future business relations, even if they are not expressly agreed upon again
.

1.2 We hereby expressly object to any deviating or supplementary general terms and conditions of the
buyer. They shall not apply even if the
buyer has based his order or other declaration on them.

§2 Offers and orders

2.1 Our offers are subject to confirmation unless they are designated as binding in writing
. An effective contract is therefore only concluded through our order confirmation or
the delivery of the goods.

2.2 Dimensions, weights, illustrations, drawings and other documents belonging to
our non-binding offers remain our property and are only approximate dimensions
.
They can only become a binding part of the contract if they are expressly confirmed by us in writing.

§3 Doubtful solvency

3.1 If, after conclusion of the contract, we become aware of circumstances that give rise to doubts about the solvency of the
buyer, we may make further deliveries dependent on advance payment of the goods by
the buyer. We may set the buyer a
reasonable deadline for the advance payment of the goods and withdraw from the contract if the advance payment
is not received by us in due time; the buyer may instead of the advance payment
If we have already delivered the goods, the
purchase price shall become due immediately without deduction irrespective of any agreed payment deadlines.

3.2 Doubts about the solvency of the buyer are justified, among other things,
if an application has been made to open insolvency proceedings against his assets or he does not make
payments to us or third parties on time.

§4 Prices

4.1 Our prices apply "ex works" unless otherwise agreed with the Buyer
.

4.2 Statutory value added tax is not included in our prices and shall be shown separately on the invoice
in the amount legally applicable on the date of invoicing.

4.3 Material packages are charged at the list price. They always include zinc oxide and PMMA, unless
expressly agreed otherwise.

4.4 If more than 4 months lie between the date of conclusion of the contract and the date of delivery,
without this being due to a delay in delivery for which we are responsible, and if our valid price list has changed during this
period, we may demand the list price valid on the date of delivery instead of the agreed
purchase price. We shall send the
buyer a correspondingly amended order confirmation before delivery. In this case, the buyer
may withdraw from his
order with regard to the goods for which the price has been increased. He must declare the withdrawal in writing no later than on the 5th working day after receipt of the amended
order confirmation:

Transmission by fax is sufficient. Transmission by e-mail is not sufficient.

§5 Delivery time

5.1 All stated delivery dates are non-binding and shall be deemed to have been agreed only approximately,
insofar as they have not been expressly designated by us as binding. In the case of non-binding
delivery dates, a delivery within 30 days of the stated delivery time shall still be deemed to be on time in any case
. Delivery times

5.2 If we are culpably unable to meet an expressly agreed deadline or are in default for
other reasons, the buyer shall grant us a reasonable period of grace, which
shall commence on the first of a month. After fruitless expiry of this grace period, the buyer
shall be entitled to withdraw from the contract.

5.3 If performance becomes temporarily impossible or considerably more difficult for us due to force majeure or due to other extraordinary
and non-culpable circumstances in whole or in part,
the agreed delivery time shall be extended by the duration of the
impediment to performance. The same applies to a statutory deadline or a deadline set by the purchaser for
performance, in particular for grace periods in the event of default.

5.4 Before the expiry of the delivery period or performance period extended in accordance with paragraph 3, the
purchaser is neither entitled to withdraw from the contract nor to claim damages. If the
impediment to performance lasts longer than 8 weeks, both the buyer and we are entitled to withdraw
insofar as the contract has not yet been executed. If the buyer is contractually
or legally (e.g. due to loss of interest) entitled to withdraw
without setting a grace period, this right remains unaffected.

5.5 In the event of any delay in delivery, insofar as it is not due to intent or gross negligence
, claims for damages of any kind are excluded.

§6 Dispatch

6.1 Shipment shall be made for the account of the buyer. The risk shall pass to the buyer upon loading of the goods on
, even if carriage paid delivery has been agreed and/or the shipment is made with our own
vehicles. We are not obliged to provide transport insurance.

6.2 Unless expressly agreed otherwise in writing, we are entitled to
make partial deliveries to a reasonable extent, which will be invoiced individually.

§7 Payment

7.1 Our invoices are payable within 10 days of the invoice date without deduction.

7.2 The buyer shall be in default even without a reminder from us if he does not pay the purchase price
within 10 days after the due date and receipt of the invoice or an equivalent
statement of payment.

7.3 If the buyer defaults on a payment, all his payment obligations
arising from the business relationship with us - including those for which bills of exchange have been given
- shall become due immediately. In this case, we shall be entitled to demand interest from the relevant point in time at
the statutory rate. The proof of a higher damage by the seller
remains reserved.

7.4 Bills of exchange shall only be accepted on account of performance after prior agreement and if they are discountable without
granting a discount. Payments by
cheque
bill of exchange are also only accepted on account of performance. The claim to the purchase price
shall only expire after the bill of exchange has been honoured in full. Bill of exchange and discount charges shall be charged separately to
and are to be paid immediately without deduction.

7.5 The purchaser is only entitled to offset, even if notices of defects or counterclaims are asserted
, if the counterclaims have been legally established, recognised by the
seller or are undisputed. The buyer is only entitled to exercise
a right of retention if his counterclaim
is based on the same purchase contract.

§8 Warranty/Liability

8.1 The warranty period is one year after delivery of the goods for new devices
and six months for demonstration devices. Wear parts and
consumables are excluded from the warranty. The warranty is excluded for used devices. For
scanners of the Ultra series, the warranty is 2 years for new devices. The
warranty for software is excluded.

8.2 The buyer must inspect the goods received for completeness, transport damage,
obvious defects, condition and their properties.
The buyer must notify us in writing of any obvious defects within 2 weeks of delivery of the
subject matter of the contract.

8.3 We shall not be obliged to provide a warranty if the purchaser has not notified
an obvious defect in writing in good time.
Insofar as there is a defect in the goods for which we are responsible
and which was notified by the purchaser in writing
in good time, we are obliged to provide subsequent performance - to the exclusion of the purchaser's rights to withdraw from the contract
or to reduce the purchase price - unless we are entitled to refuse subsequent performance
on the basis of the statutory regulation. The buyer shall grant us a reasonable period of time for
subsequent performance for each individual defect.

8.4 The Seller shall be entitled to remedy a defect by way of subsequent performance by repair
. During the supplementary performance, the reduction of the purchase price or the

Withdrawal from the contract by the buyer is excluded. A subsequent improvement shall be deemed to have failed with the second
futile attempt for the same defect. If the
subsequent performance has failed or if the seller has refused the subsequent performance as a whole
, the buyer may, at his discretion, demand a reduction of the purchase price
or declare his withdrawal from the contract.

8.5 The
purchaser may only assert claims for damages under the following conditions due to the defect if the subsequent performance has failed or the
subsequent performance is refused by us. The purchaser's right to assert
further claims for damages under the following conditions remains unaffected by this
.

8.6 Under no circumstances shall we be liable for loss of production, loss of profit,
damage to third parties, downtime costs, loss of use, loss of orders,
increased operating, maintenance or personnel costs and other damage that has not occurred to the
system itself.

8.7 The Purchaser may not invoke the above warranty rights in particular
if it cannot use the purchased item due to incorrect or insufficient technical infrastructure in
its area of responsibility.

8.8 We shall be liable without limitation for intentional or grossly negligent breaches of duty as well as for damages arising from an
injury to life, limb or health in accordance with
the statutory provisions. Otherwise, we shall only be liable if the breached contractual obligation is recognisably essential for
achieving the purpose of the contract, and only
limited to the amount of the typically foreseeable damage.

8.9 The limitation of liability according to paragraph 8.6 shall apply accordingly to claims for damages other than
contractual claims for damages, in particular claims in tort,
with the exception of claims under the Product Liability Act. It shall also apply in favour of our
employees, workers, staff, representatives and vicarious agents.

8.10 Insofar as we have given a guarantee of quality and/or durability with regard to the goods or parts thereof, we shall also be liable within the framework of this guarantee.
However, we shall only be liable for damage based on the absence of the guaranteed quality or durability,
but not directly occurring on the goods, if the
risk of such damage is obviously covered by the guarantee of quality
and durability.

8.11 We shall also be liable for damage caused by simple negligence, insofar as this
negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the
achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable
insofar as the damages are typically associated with the contract and are foreseeable.
In the case of simple negligent breaches of ancillary obligations that are not essential to the contract, we are not otherwise liable
. The limitations of liability contained in §8 also apply insofar as the liability
for the legal representatives, executive employees and other vicarious agents of the
seller is concerned.

8.12 Any further liability is excluded regardless of the legal nature of the asserted
claim. Insofar as the Seller's liability is excluded or limited,
this shall also apply to the personal liability of its employees, workers, staff,
representatives and vicarious agents.

§9 Retention of title

9.1 We retain title to the goods (reserved goods) until receipt
of all payments under the purchase contract. The delivered goods shall only become the property of the
purchaser when he has fulfilled all his obligations from the
business relationship, including ancillary claims, claims for damages and
encashment of cheques and bills of exchange. In the case of the cheque/bill of exchange procedure,
the retention of title in all its forms listed here does not expire with the payment of the cheque,
but only with the encashment of the bill of exchange.

9.2 The buyer must inform us immediately in writing of all access by third parties, in particular of
enforcement measures and other impairments of its property
.
The buyer shall compensate us for all damages and costs arising from a breach of this obligation and from necessary measures
to protect against access by third parties.

9.3 If the buyer does not meet his payment obligation despite a reminder from us,
we can demand the surrender of the goods subject to retention of title still in his possession without setting a prior deadline
. The transport costs incurred in this respect shall be borne by the buyer. The seizure of the
reserved goods by us shall always constitute a withdrawal from the contract. After retention of the
reserved goods, we shall be entitled to realise them. The proceeds of the sale shall be set off against our outstanding
claims.

§10 Service and maintenance

10.1 Our service hotline can only be reached during regular working hours.

10.2 Technician assignments are possible on the usual working days during the usual working hours.

10.3 If the purchaser cancels a technician appointment at short notice, any additional costs incurred shall be charged to the purchaser at
. If a technician appointment is announced less than 48 hours before
the scheduled appointment, technician costs will be invoiced.

10.4 The purchaser is obliged to ensure unhindered access to the goods for all support and warranty cases
. The goods must be freely accessible to the technician from all
sides.

§11 Place of performance

The place of performance for payments is Regensburg, for our deliveries of goods the place of dispatch.

§12 Data processing

The Buyer agrees that we may process the data received about the Buyer in connection with the business relationship
in compliance with the Federal Data Protection Act for the fulfilment
of our own business purposes, in particular store it or transmit it to a
credit protection organisation, insofar as this is done within the scope of the purpose of the
contract or is necessary to safeguard our legitimate interests and there is no reason
to assume that the Buyer's interest worthy of protection in the exclusion
of the processing, in particular the transmission, of this data prevails.

§13 Jurisdiction and applicable law

13.1 The contractual relationship between the Buyer and us shall be governed exclusively by the
law of the Federal Republic of Germany, even if the Buyer has its place of residence or business
abroad. The application of the uniform law on the international purchase
of movable goods as well as the law on the conclusion of international
purchase contracts for movable goods is excluded.

13.2 The buyer is not entitled to assign claims arising from the purchase contract without the consent of the
seller.

13.3 If the buyer is a merchant, a legal entity under public law or a
special fund under public law, the place of jurisdiction for both parties - also
for bills of exchange and nsburg. However, we are also entitled to sue the buyer at his
general place of jurisdiction.