General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider, Dentoptics GmbH, Friedrichstraße 95, 10117 Berlin. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of services.
(2) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall take place by e-mail or by post. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
(4) When passing on an access code (ticket), the recipient agrees to these GTCs.
(5) The use of an access code (ticket) is not permitted beyond its permitted usage amount.
§ 3 Term of contract / termination for subscription contracts
(1) The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by either party with a notice period of 3 weeks to the end of the month (unless otherwise stipulated in the respective offer). The termination must be made in text form (e.g. e-mail).
(2) The right to terminate without notice for good cause remains unaffected.
§ 4 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price. (3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims to the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by rectifying the defect or by reworking the goods.
delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, insofar as the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller Dentoptics Ltd
030 20 45 55 45
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contractual language is German.
3.2 In the case of requests for quotations, you will receive all contractual data in the form of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment modalities
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.3 The payment methods available to you are shown in the respective offer.
5.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. delivery conditions
6.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found in the respective offer.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment shall be at your risk.
7. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
8. contract period / termination
Information on the term of the contract as well as the terms of termination can be found in the regulation "Contract Term / Termination for Subscription Contracts" in our General Terms and Conditions (Part I), as well as in the respective offer.
These general terms and conditions and customer information have been prepared by lawyers specialising in IT law and are permanently checked for legal conformity.