Terms and Conditions Webshop

Table of Contents 

Scope 

2. Conclusion of Contract 

3. Right of Withdrawal 

4. Prices and Payment Terms 

5. Delivery and Shipping Terms 

6. Retention of title 

7. Liability for Defects (Warranty) 

8. Applicable Law 

9. Jurisdiction 

10. Alternative Dispute Resolution 

Scope of application 

1.1 These General Terms and Conditions (hereinafter „GTC“) of DEGOS Dental GmbH (hereinafter „Seller“) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter „Customer“) concludes with the Seller regarding the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed. 

1.2 Consumer, for the purposes of these terms and conditions, is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. Entrepreneur, for the purposes of these terms and conditions, is a natural or legal person or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction. 

2) Conclusion of Contract 

2.1 The product descriptions in the seller's online shop do not constitute binding offers by the seller, but serve as an invitation for the customer to make a binding offer. 

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer makes a legally binding offer to conclude a contract for the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller via the online contact form. 

2.3 The seller can 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 email), whereby the receipt of the order confirmation by the customer is decisive in this regard, or – by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this regard, or 

– by asking the customer for payment after they have placed their order. 

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 shall commence on the day after the customer sends the offer and shall expire at the end 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 considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent. 

2.4 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. The seller will not provide any further access to the contract text. 

2.5 Before placing a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identification of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until they click 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 contact are generally handled via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate, so that emails sent by the seller can be received at that address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered. 

3) Right of Withdrawal 

3.1 Consumers are generally entitled to a right of withdrawal. 

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy. 

4) Prices and Payment Terms 

4.1 Unless otherwise stated in the seller's product description, the prices indicated are final prices, including statutory value-added tax. Any additional delivery and shipping costs incurred will be stated 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 Terms 

5.1 The delivery of goods is made via shipping to the delivery address specified by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address stated in the seller's order processing is decisive. 

5.2 If the delivery of the goods fails due to reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This shall not apply to the costs of sending the goods to the customer if the customer effectively exercises their right of withdrawal. For the costs of return shipping, if the customer effectively exercises their right of withdrawal, the provision made in the seller's instructions on withdrawal shall apply. 

5.3 Self-pickup is not possible for logistical reasons. 

Retention of title 

If the seller provides services in advance, they reserve ownership of the delivered goods until the full purchase price is paid. 

7) Liability for Defects (Warranty) 

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

7.2 If the customer acts as a consumer, they are asked to report any delivered goods with apparent transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, it will have no effect on their statutory or contractual warranty claims. 

8) Applicable Law 

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the granted 

deprived of protection by mandatory provisions of the law of the Member State in which the consumer has his habituall residence. 

Jurisdiction 

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

10) Alternative Dispute Resolution 

10.1 The EU Commission provides an online dispute resolution platform 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 a dispute resolution procedure before a consumer arbitration board. 

AGB CAD/CAM

GENERAL TERMS AND CONDITIONS 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
District Court: District Court Regensburg Registration number: HRB 11462 VAT ID: DE265560727
Jurisdiction: Regensburg

§1 General Provisions

1.1 The following terms and conditions apply to all our offers, sales,
Deliveries and services and will become part of the contract. They do not apply,
if our contracting party is a private individual and not acting in a professional or commercial capacity.
also apply to all future business relationships, even if they are not yet
must be expressly agreed upon.

1.2 Deviating or supplementary General Terms and Conditions
We hereby expressly object to the buyer. They are also not valid if
that the buyer relied on for his order or other declaration.

§2 Offers and Orders

2.1 Our offers are non-binding, unless they are binding in writing
are designated. An effective contract is therefore only concluded upon our order confirmation or
delivery of the goods takes place.

2.2 Dimensions, weights, illustrations, drawings, and other documents relating to
our non-binding offers remain our property and are approximate measurements
provided. Only with our express written confirmation can they
become part of the binding contractual content.

§3 Doubtful Solvency

3.1 If circumstances become known to us after the conclusion of the contract that give cause for doubt regarding the customer's solvency
Buyers justify, we can further deliveries from advance payment of the goods by
make the buyer dependent. We can offer the buyer for advance payment of the goods a
set a reasonable deadline and withdraw from the contract if the advance payment
is not received by us on time; the buyer can instead of the advance payment
If we have already delivered the goods, then the
Purchase price immediately due without deduction, notwithstanding agreed payment terms.

3.2 Doubt about the buyer's solvency is justified, among other things,
if an application for the opening of insolvency proceedings over his assets has been filed or he
fails to make payments to us or third parties on time.

§4 Prices

Our prices are „ex works“ unless otherwise agreed with the buyer
was.

4.2 The statutory value-added tax is not included in our prices and will be charged at
the amount legally applicable on the day of invoicing in the invoice
separately disclosed.

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

4.4 If more than 4 months pass between the date of contract conclusion and the date of delivery,
unless this is due to a delay in delivery for which we are responsible, and this has resulted in
time our valid price list has changed, so we can instead of the agreed-upon
demand the list price valid on the day of delivery. We will
The buyer will send a correspondingly amended order confirmation before delivery. The buyer
in this case regarding the goods for which the price has been increased, it can
Cancel the order. He must cancel by the 5th working day after receiving the amended
Confirm order in writing

Transmission by fax is sufficient. Transmission by email is not sufficient.

§5 Delivery Time

5.1 All stated delivery dates are non-binding and are considered as approximately agreed upon.,
unless they have been expressly designated by us as binding. In the case of non-binding
For delivery dates, delivery within 30 days of the specified delivery time applies to each
Still considered on time. Delivery times

5.2 If we culpably fail to meet an expressly agreed deadline or if we are unable to
for other reasons become in default, the buyer must grant us a reasonable grace period, which
starts on the first of a month. After this grace period expires without result, the buyer
entitled to withdraw from the contract.

5.3 Will we be unable to perform due to force majeure or other exceptional circumstances
and are temporarily impossible or significantly more difficult, in whole or in part, due to circumstances beyond your control,
so the agreed delivery time is extended by the duration of the
Performance impediment. The same applies to a legal or buyer-imposed deadline for
Performance, especially for grace periods in case of default.

5.4 Before the expiry of the delivery or performance period extended in accordance with paragraph 3, the
Buyer is not entitled to withdraw or claim damages. If the
performance hindrance for more than 8 weeks, both the buyer and we are entitled to withdraw
justified, as long as the contract has not yet been performed. If the buyer is contractually
or legally (e.g., due to loss of interest) to withdraw without setting a grace period
entitled, 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
all claims for damages of any kind are excluded.

§6 Shipping

6.1 Shipping is at the buyer's expense. The risk passes upon loading of the goods to
it, even if free delivery has been agreed upon and/or shipping is with our own
is carried out by vehicles. We are not obliged to arrange transport insurance.

6.2 Unless otherwise agreed in writing, we are entitled to
Partial deliveries are permissible to a reasonable extent and will be billed separately.

§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 they do not pay the purchase price
within 10 days of the invoice or an equivalent being due and received
Payment statement paid.

7.3 If the buyer defaults on a payment, all of his payment obligations
from the business relationship with us - including those for which drafts have been issued
– due immediately. In this case, we are entitled to interest from that point in time
to demand at a legally stipulated amount. Proof of higher damages by the seller
Subject to change.

7.4 Exchanges are only made by prior agreement and are discountable without
Granting of a discount accepted in lieu of performance. Payments also in
Check-
Barter transactions are accepted only in fulfillment. The purchase price claim
is only extinguished upon full redemption of the bills of exchange. Bill and discount charges will be
calculated separately and are payable immediately without deduction.

7.5 The buyer is entitled to set off, even if notices of defects or counterclaims are asserted
will only be entitled if the counterclaims have been legally established, by the
sellers have been recognized or are undisputed. To exercise
a right of retention, the buyer is only authorized if their counterclaim
is based on the same purchase agreement.

§8 Warranty/Liability

8.1. The warranty is one year from the delivery of the goods for new devices.
and six months for demonstration units. Wear parts are excluded from the warranty and
Consumables. Warranty is excluded for used equipment. For
The warranty for Ultra series scanners on new devices is 2 years.
Software warranty is excluded.

8.2 The buyer shall check the delivered goods for completeness, transport damage,
to examine obvious defects, condition, and their properties.
Obvious defects must be reported by the buyer within 2 weeks of delivery.
to notify us in writing of any defects in the subject matter of the contract.

8.3 We are not obligated to provide a warranty if the buyer has
failed to notify us of the obvious defect in writing in a timely manner. To the extent that a defect caused by us
representative defect in the goods and that the buyer has duly notified in writing
was reprimanded, we are – to the exclusion of the buyer's rights from the contract
to withdraw from the contract or reduce the purchase price – liable for subsequent performance, it
unless we refuse further performance due to the legal regulation
are entitled to. The buyer must give us a reasonable deadline for each individual defect
to grant subsequent performance.

8.4 The seller is entitled to rectify a defect through repair as a first step in the subsequent performance.
to eliminate. During the subsequent performance, the reduction of the purchase price or the

Rescission of the contract by the buyer is excluded. A repair is considered with the second
futile *attempt* for the same error as failed. Is the
failed or the seller has refused to provide any remedy
refuses, the buyer may demand a reduction of the purchase price (abatement) at their discretion
or declare withdrawal from the contract.

8.5 claims for damages under the following conditions due to the defect can the
buyer may only assert until the subsequent performance has failed or the
refusal of subsequent performance by us. The buyer's right to assert
further claims for damages subject to the following conditions shall remain unaffected
untouched.

8.6 In no event shall we be liable for loss of production, loss of profit,
Third-party damages, downtime costs, loss of use, loss of orders,
increased operating, maintenance, or personnel costs and other damages not related to the
arose on its own.

8.7 The buyer cannot rely on the aforementioned warranty rights, in particular when
can be invoked if he, due to incorrect or insufficient technical infrastructure, in
cannot utilize within his area of responsibility.

8.8 For intentional or grossly negligent breaches of duty, as well as for damages resulting from
We are liable without limitation for injury to life, limb, or health
the statutory regulations. Furthermore, we are only liable if the breached contractual obligation is essential for
reaching the purpose of the contract is recognizably of essential importance, and only
limited to the amount of typically foreseeable damage.

8.9 The limitation of liability according to section 8.6 shall apply mutatis mutandis to other than
contractual claims for damages, in particular claims arising from tort,
with the exception of claims under the Product Liability Act. It also applies in favor of our
Employees, workers, staff members, representatives, and agents.

8.10 To the extent that we regarding the goods or parts thereof a quality
and/or has issued a guarantee of durability, we shall also be liable within the scope of this guarantee.
For damages resulting from the absence of a guaranteed quality or durability,
but do not occur immediately at the goods, we are liable, however, only if the
Risk of such damage evident from the nature
and warranty coverage is included.

8.11 We also assume liability for damages caused by simple negligence, to the extent that these
Negligence concerning the breach of contractual obligations, the fulfillment of which is essential for the
Fulfillment of the contract's purpose is of particular importance (cardinal obligations). We are liable
however, only to the extent that such damages are typical and foreseeable in connection with the contract.
In cases of simple negligence for breaches of non-essential ancillary duties, we are liable
Furthermore, not. The limitations of liability contained in §8 also apply to the extent that liability
for the legal representatives, senior executives and other agents of
Sellers are affected.

8.12 Any further liability, irrespective of the legal nature of the claim asserted
Claim excluded. To the extent that the seller's liability is excluded or limited,
does this also apply to the personal liability of its employees, workers, staff,
Representatives and vicarious agents.

§9 Retention of Title

9.1 We reserve ownership of the goods (reserved goods) until receipt
all payments from the purchase agreement. The delivered goods only then become the property of the
Buyer's over, if he his entire liabilities from the
Business relationship, including ancillary claims, claims for damages, and
has fulfilled check and bill redemptions. In the case of the check-bill procedure, it expires
the retention of title in all its listed forms not already with the check payment,
but only upon the redemption of the bill of exchange.

9.2 The buyer has informed us of all third-party access, in particular from
Enforcement measures and other impairments of his property
to inform in writing without delay. The buyer must compensate us for all damages and costs
replace, which by a breach of this obligation and by necessary measures
to protect against third-party access.

9.3 If the buyer does not meet their payment obligation despite a reminder from us, then
can we have the release of the reserved goods still in his possession without prior
Demand a deadline for performance. The buyer shall bear the transport costs incurred. In the seizure of
Reservation matter by us always is a withdrawal from the contract. We are after reservation of the
Goods subject to retention of title, authorized for disposal. The proceeds from disposal will be offset against our open
Claims offset.

§10 Service and Maintenance

Our service hotline is available exclusively during regular business hours.

10.2 Technician deployments are possible on usual working days during usual working hours.

10.3 If the buyer cancels technician deployments at short notice, any additional costs incurred
at his own expense. If a technician appointment is announced less than 48 hours in advance
Technician costs will be charged for the scheduled appointment.

10.4. The buyer is obliged in all support and warranty cases to
ensure unimpeded access to the goods. The goods must be made available to the technician from all
Pages must be freely accessible.

§11 Place of Performance

The place of performance for payments is Regensburg, and for our goods deliveries, it is the place of shipment.

§12 Data Processing

The buyer agrees that we will use the information related to the business relationship
received data about the buyer in compliance with the Federal Data Protection Act for fulfillment
own business purposes, especially to store or to
Credit protection organization submit, insofar as this is within the scope of the purpose of the
contract is entered into or is necessary to protect our legitimate interests and there is no reason
there is reason to assume that the buyer's protectable interest in the exclusion
the processing, in particular the transfer, of this data prevails.

§13 Jurisdiction and Governing Law

13.1 The contractual relationship between the buyer and us shall be exclusively governed by
Law of the Federal Republic of Germany, even if the buyer has their domicile or place of business
has abroad. The application of the uniform law on international sale
movable property as well as the law on the conclusion of international
The exclusion of purchase contracts for movable property.

13.2 The buyer is not entitled to assert claims from the purchase contract without the consent of the
Assign to sellers.

13.3 If the buyer is a merchant, a legal entity under public law, or a
public law special fund, then the place of jurisdiction for both parties – also
for exchange and burg. However, we are also entitled to, at the buyer's
to sue at the general court of jurisdiction.