Deep Care GmbH – Terms and Conditions (T&C)

As of September 2026

§ 1 SCOPE OF APPLICATION

These General Terms and Conditions of Deep Care GmbH (hereinafter referred to as „Terms & Conditions“) apply to all contracts and pre-contractual obligations of Deep Care GmbH, Königsallee 43, 71638 Ludwigsburg (hereinafter „Deep Care“) in connection with the sale and rental of products.
These General Terms and Conditions apply exclusively to businesses (§ 14 BGB), legal entities under public law and special funds under public law within the meaning of § 310 paragraph 1 BGB (hereinafter referred to as „Customers“).
These GTC shall also apply to all future deliveries to the customer in the version valid at the time of the customer's order, even if their validity is not separately agreed again.
Only the terms and conditions of Deep Care shall apply. Any deviating, conflicting or supplementary terms and conditions of the customer or third parties shall not apply, even if Deep Care carries out deliveries without objecting to their validity. Even if Deep Care refers to a communication from the customer (e.g. an order) that contains or refers to the terms and conditions of the customer or a third party, this shall not constitute consent to the validity of such terms and conditions.
Any individual agreements made with the customer in the offer or otherwise in individual cases (including ancillary agreements, supplements and amendments) shall in any case take precedence over these General Terms and Conditions. Subject to proof to the contrary, a written contract or written confirmation by Deep Care shall be decisive for the content of such agreements.
References to the applicability of statutory provisions are purely for clarification. Therefore, statutory provisions remain applicable even without such clarification, insofar as they are not directly amended or expressly excluded in these T&Cs.
Amendments to the contract as well as legally binding declarations, declarations of intent relevant to the contract and declarations regarding the exercise of gestalten rights (e.g. setting of deadlines, reminders, withdrawal) must be in writing. This also applies to the waiver of the requirement for the written form. The requirement for the written form can also be met by correspondence or (apart from notices of termination) by electronically transmitted declarations (e.g. fax, email, transmission of scanned signatures via email). Statutory mandatory form requirements and further evidence, in particular in the event of doubt as to the legitimacy of the declarant, remain unaffected.

§ 2 CONCLUDING THE CONTRACT

All offers from Deep Care are subject to change and non-binding, unless they are expressly marked as binding or contain a specific acceptance period. A legally binding agreement is only established by the mutually signed offer or by Deep Care's written order confirmation. Deep Care may require written confirmations of the customer's verbal contractual statements.
In the case of a binding offer, effective acceptance of a contractual offer from Deep Care by the customer shall only take place by returning the signed, unaltered offer to Deep Care. Any modified acceptance of the offer shall be deemed a new offer by the customer. In this case, Deep Care reserves the right of acceptance, and a contract for the provision of the products under the modified terms shall only come into effect if Deep Care expressly accepts the customer's modified contractual offer by means of a written declaration to the customer.

§ 3 SUBJECT MATTER OF THE CONTRACT

The subject matter of the contract is the delivery of Deep Care products, in particular the Intelligent Sitting Behaviour Assistant (Isa), and related additional services as described in Deep Care's quotation. Deep Care provides SaaS services under the conditions described in Section 8.
The customer or their employees have the option to use a free app that enables long-term analyses of their own habits and progress. This app does not form part of the delivery and can be obtained via the relevant manufacturer stores (e.g. Google Play or the Apple App Store). Separate terms apply; in particular, the app is provided „as is“ without any warranty on the part of Deep Care, unless the defects were caused intentionally or by gross negligence on the part of Deep Care. The customer is aware that access to the manufacturer stores requires agreement to the manufacturers' separate terms.
The installation of the Isa is carried out by the customer in accordance with the instructions in the operating manual. Deep Care may additionally offer help videos, which it provides to the customer. A separate installation, instruction and training by Deep Care is not provided, unless expressly agreed otherwise in the quotation.
Details provided by Deep Care regarding their products (e.g. weight, dimensions, load capacity, etc.) as well as product representations (e.g. drawings and illustrations in catalogues or on the website), instructions for use, etc., do not constitute guarantees by Deep Care as to the condition or quality of the respective product, unless Deep Care expressly declares this in writing.
Deep Care products may contain open-source software. Different licence terms may apply to this open-source software. An overview of the open-source components contained in the respective deliveries and services, as well as the associated licence texts, form part of the delivery and can be viewed via the Isa menu or in the app. In addition, Deep Care uses artificial intelligence in its products, as described in the associated documentation. Deep Care complies with the provisions of the AI Regulation, where applicable.
If Deep Care provides consultancy services, the customer shall support these through reasonable cooperative actions. In particular, the customer shall provide Deep Care with the necessary information and data for this purpose. Deep Care is entitled to provide all services online or remotely if this is required under the circumstances. If the customer fails to fulfil their obligations to cooperate and Deep Care is consequently unable to complete its consultancy services in whole or in part within the agreed time, the period agreed for this shall be extended accordingly. The support services provided by the customer shall be rendered free of charge.

§ 4 PRICES AND PAYMENT TERMS

The remuneration is determined by the contract. All prices are in Euros „ex works“ plus packaging, shipping and the statutory VAT applicable at the time. The customer shall bear all customs duties and taxes levied by any national, federal, state or local authority in connection with the contract (in particular upon export of the products or their use in whole or in part outside the original country of purchase), with the exception of all taxes on Deep Care's turnover, income or profits.
Payments are to be made without deduction within fifteen (15) days of the invoice date at the latest by bank transfer, giro transfer, postal transfer or direct debit. Deep Care may, in justified cases, require payment in advance to a reasonable extent.
The customer may only set off undisputed or legally established claims and may only base a right of retention on undisputed or legally established claims. They may not assign their claims to third parties, without prejudice to the provision of Section 354a of the German Commercial Code (HGB).
The purchase price shall bear interest during the customer's default in payment at the applicable statutory default interest rate. Deep Care reserves the right to prove and assert higher damages for default.
Deep Care is entitled to make outstanding deliveries to the customer conditional upon advance payment or the provision of security only if circumstances become known that are likely to significantly reduce the customer's creditworthiness and as a result of which the payment of Deep Care's open claims by the customer arising from the respective contractual relationship appears to be endangered.
In the case of the rental of products, Deep Care shall be entitled to increase the rent for the first time upon expiry of twelve (12) months after the conclusion of the contract with three (3) months' written notice to the end of the month, provided and to the extent that its material and/or personnel costs incurred for the maintenance of the rental property increase. The customer shall have the right to terminate the rental agreement within a period of six (6) weeks after receipt of the notification of a rent increase (special right of termination). Otherwise, the new prices shall apply on the date specified in the notification.

§ 5 DELIVERY, SHIPPING AND TRANSFER OF RISK

All deliveries are made „ex works“. The mode of dispatch, route and packaging are selected by Deep Care at its reasonable discretion. The shipment will only be insured by Deep Care against theft, transport or other insurable risks upon the express request of the customer and at the customer's expense.
If the ordered goods are unavailable, Deep Care may withdraw from the contract with immediate effect. Deep Care will notify the customer immediately of the unavailability of the product and promptly refund any payments already made by the customer.
The specified delivery times are non-binding, unless a fixed deadline or a fixed date has been expressly agreed in writing.
Deep Care shall not be liable for the impossibility of delivery or for delivery delays insofar as these have been caused by force majeure or other unforeseeable events (e.g. operational disruptions of any kind, difficulties in procuring materials, strikes, lockouts, official measures) for which Deep Care is not responsible. Delivery periods shall be extended and delivery dates postponed by the period of the hindrance plus a reasonable restart period.
Deep Care is only entitled to partial deliveries if (i) the partial delivery is usable by the customer within the scope of the contractual purpose, (ii) the delivery of the remaining ordered products is ensured, and (iii) the customer does not incur any significant additional effort or additional costs as a result of the partial delivery.
The risk passes to the customer at the latest when the products are handed over to the forwarding agent, carrier or other person designated to carry out the shipment. If shipment or handover is delayed as a result of a circumstance whose cause lies with the customer, the risk shall pass to the customer from the day on which the products are ready for shipment and Deep Care has notified the customer of this.
The customer may only derive claims for delayed delivery if the delay in delivery is based on an intentional or grossly negligent breach of contract for which Deep Care is responsible, or if, in the event of failure to deliver, they set a grace period of four (4) weeks combined with a threat of rejection.
If the customer defaults on acceptance or culpably breaches other duties to cooperate, Deep Care is entitled to claim compensation for the damage incurred by it, including any additional expenses (such as storage and transport costs). Further claims or rights of Deep Care remain unaffected.
The customer shall promptly unpack the items to be delivered in each case and check them for functionality. Any claims for defects by the customer shall be conditional upon the customer duly complying with their legal obligations to examine the goods and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). Defects discovered during this process must be notified without delay, including those relating to the operating instructions. If the customer asserts no defects, the items to be delivered shall be deemed to have been free of defects upon delivery, provided that the defect asserted at a later date would have been recognisable during the performance of the agreed examination.

§ 6 RESERVATION OF TITLE

In the event of the contract being concluded as a rental agreement, the rented property shall remain the property of Deep Care. If the parties agree on the purchase of the product, Deep Care shall retain ownership of the purchased item until receipt of full payment of the purchase price (cf. § 449 of the German Civil Code [BGB]). The retention of title agreed below serves to secure all existing, current and future claims of Deep Care against the customer arising from the supply relationship existing between the contractual partners.
The products delivered by Deep Care to the customer (hereinafter referred to as „retained goods“) shall remain the property of Deep Care until all secured claims arising from the business relationship between Deep Care and the customer have been paid in full. If Deep Care rescinds the contract in the event of a breach of contract by the customer – in particular default of payment – Deep Care shall be entitled to demand the return of the retained goods from the customer.
Until ownership has passed to him, the customer is obliged to handle the retention goods with care. The customer shall notify Deep Care immediately if the retention goods are attached or subjected to other interventions by third parties; he shall inform the third party of Deep Care's ownership.
In the event of a purchase, the customer is entitled to resell the retention-of-title goods in the normal course of business. The customer hereby assigns to Deep Care, by way of security, the claims against the purchaser arising from the resale; Deep Care accepts this assignment. The customer remains authorised to collect the claims against its purchasers in its own name even after the assignment. The authority of Deep Care to collect the claims itself remains unaffected thereby. However, Deep Care shall not collect the claims against the customer's purchasers as long as the customer meets its payment obligations, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

§ 7 RENTAL CONDITIONS

Rental period and cancellation period
1. The rental period is agreed individually in writing in each case. Unless otherwise agreed in the offer, the rental relationship begins upon conclusion of the contract and runs for an indefinite period. The customer may terminate the contract in writing with a notice period of three (3) months to the end of each contract year.
2. The usage period for individual products is twelve (12) months from the start of use by the respective user. It is extended by a further twelve (12) months in each case, provided the product continues to be actively used and is not returned. Deep Care shall inform the user in good time before the expiry of the respective usage period about the impending extension and shall enable free return before the start of a further usage period. The extension of individual usage periods shall not affect the term of the contract pursuant to lit. a.
3. A termination for good cause remains unaffected. A reason for extraordinary termination exists in particular if the customer pays the rent irregularly or not at all and is more than 14 days in arrears with rent payments equivalent to the amount of agreed payments for one quarter.
4. The cancellation must be made in writing. Text form is not sufficient.
5. Upon termination of the rental period, the rental items must be returned to Deep Care. If the customer is in default with the return or fails to return the received goods at all, Deep Care shall be entitled to demand compensation for the duration of the withholding in accordance with the agreed rent or another contractually specified amount.
6. The rented items must be returned to Deep Care within three (3) weeks of the end of the rental period. Deep Care will provide the customer with a free return label for this purpose.
7. If rental items are not returned within the period pursuant to lit. f, or if they are returned in a condition that precludes further use and which is attributable to improper handling or use by the customer or their employees, Deep Care is entitled to demand a flat-rate compensation of EUR 399.00 net per affected device. The customer reserves the right to prove that no damage occurred at all or that it is substantially lower than the flat-rate amount. Further claims by Deep Care remain unaffected.
8. The regulations under lit. e to g also apply to products that Deep Care provides free of charge to the customer or their employees for test or pilot purposes. The gratuitous nature of the provision affects neither the obligation to return nor the claim for liquidated damages.
Obligations of the customer
1. The customer must treat the rented property with the diligence of a prudent businessperson which they usually apply in their own affairs. The customer must ensure, through adequate instruction and training or in another manner, that their vicarious agents use and operate the rented property in accordance with its usual application.
2. Deep Care identifies the rental items as its property through reasonable labelling. Neither this labelling nor manufacturer notices, serial numbers, seals, software licence notices, etc., may be removed or altered by the customer without the prior consent of Deep Care.
3. The customer shall grant Deep Care access to the rented property for the purpose of repair, maintenance and care services to be carried out at the installation site, in accordance with the customer's safety and access guidelines.
4. The customer must notify Deep Care immediately of any defects or damage to the rented property.
5. The customer is obliged to carry out a change of the installation location only with the prior consent of Deep Care. This is not required in the case of mere changes to the position of the workstations at the installation location.
Maintaining suitability for use
1. Deep Care must maintain the rented property in a condition suitable for the contractually agreed use throughout the entire rental period. For this purpose, it must have the necessary maintenance and repair measures carried out by itself or by third parties commissioned by it. Additional costs incurred for extra work requested by the customer outside normal working hours or as a result of improper handling of the rental items are to be borne by the customer.
2. Deep Care provides the customer with contact details through which the customer can report defects in the rental property. Defects are generally remedied by way of subsequent performance, i.e. assistance in workarounds for the defects. Deep Care may choose whether to initially attempt troubleshooting by telephone or via remote maintenance. Deep Care is in each case obliged to restore the contractual fitness for use within a reasonable period.
3. In the event of defects, the customer is only entitled to withdraw from the contract if Deep Care has not exercised its right to deliver a functionally equivalent item or if two repair attempts have failed. If subsequent performance fails definitively, the customer is entitled, at their discretion, to remedy the defect or to terminate the rental agreement with regard to the defective rental item. The customer is only entitled to terminate the entire rental agreement if a substantial number of the rental items are not available for the contractually agreed use.
4. For any claims by the customer for reimbursement of expenses or damages due to defects, the limitations of liability described in Section 10 of these General Terms and Conditions shall apply.
5. Customer claims for defects shall become time-barred in twelve (12) months, unless (i) Deep Care has fraudulently concealed the defect or caused it intentionally or by gross negligence, or (ii) Deep Care has assumed a guarantee for the absence of certain characteristics, or (iii) the customer's claims relate to personal injury. The limitation period shall commence upon delivery of the products to the customer.

§ 8 CONDITIONS FOR SAAS SERVICES

General
1. As a general rule, the terms and conditions regarding rental described in Section 7 and elsewhere in the General Terms and Conditions shall also apply to SaaS services provided by Deep Care, unless otherwise specified in this Section 8.
2. The SaaS services are described in the quotation. Deep Care reserves the right to discontinue SaaS services offered free of charge or to only offer them for a fee following prior notice.
Obligations of Deep Care
1. When providing the SaaS services free of charge, Deep Care strives for an average availability, but does not guarantee any specific availability. Likewise, support is only provided by Deep Care on a voluntary basis.
2. In the case of paid services, Deep Care undertakes to make commercially reasonable efforts to achieve an annual average overall availability of 99.8 % for the SaaS services at the handover point. The handover point is the router output of Deep Care’s data centre. Availability is calculated on the basis of the time attributable to the respective calendar month during the contract period, less the maintenance periods defined in Section 8(2)(c). When calculating actual availability, downtimes not attributable to Deep Care shall be regarded as available time. These non-prejudicial downtimes are:
  - Maintenance times agreed with the customer;
  - Downtime due to viruses or hacker attacks, provided Deep Care has taken the agreed security measures, or, in the absence of an agreement, the usual security measures;
  - Downtime resulting from client specifications or other interruptions caused by the client;
  - Downtime for the deployment of urgent security patches.;
  - Downtime caused by third parties (persons not attributable to Deep Care).
  The customer can report the unavailability as a disruption.
3. Deep Care will carry out regular maintenance on the software and inform the customer of this in good time. Maintenance will normally be carried out outside the customer’s usual business hours, unless compelling reasons necessitate maintenance being carried out at a different time. Downtime caused by maintenance is limited to a maximum of 48 hours per calendar year. The software may be unavailable whilst maintenance work is being carried out.
4. The customer shall submit fault reports via the contact channels specified in the contract or indicated on the website. When reporting a fault, the customer shall provide Deep Care with a detailed description of the fault together with the priority level deemed necessary from the customer's perspective. Fault reporting and resolution are guaranteed Monday to Friday (excluding public holidays in Baden-Württemberg and 24 and 31 December of each year) between 9:00 and 17:00 (service hours). Support is available by email and telephone during service hours.
5. The customer content processed in the SaaS services is backed up by Deep Care on a daily basis. The data backup is carried out on a rolling basis in such a way that the data backed up for a day of the week is overwritten during the data backup carried out for the following same day of the week. A weekly data backup is carried out according to the same principle, in which the data is likewise overwritten on a rolling basis after a period of four weeks.
6. Deep Care complies with the provisions of the Data Act, insofar as applicable. The customer has the right to request the release of their data at any time. In addition, the customer has a right to switch within the meaning of Article 25 of the Data Act, which they may exercise with two months' notice. Otherwise, the wording of Article 25 of the Act shall apply accordingly in this case.
Obligations of the customer
1. The customer is responsible for ensuring that the technical prerequisites for accessing the SaaS services are established and maintained within their area, in particular with regard to the hardware and operating system software used, the connection to the internet, and current browser software. In the event of further development of the software solution, it is incumbent upon the customer, after being informed by Deep Care, to carry out the necessary adaptation measures on the IT systems used by them.
2. The customer is obliged to take the precautions provided for the security of their systems, in particular to use the common browser security settings and to employ protective measures against malware.
3. The customer will generate a user ID and password themselves for accessing the use of the SaaS services, which are required for further use of the solution. The customer is obliged to keep the user ID and password secret and not make them accessible to third parties.
4. The customer is obliged to comply with the statutory provisions arising from the use of the SaaS services agreed in the contract. In particular, the customer shall observe industrial property rights and copyright, personal rights, and the provisions of competition and data protection law. In addition, the customer shall ensure that they have all permits and consents from data owners for the use of the data. The customer shall indemnify Deep Care against all claims by third parties that are asserted against Deep Care and that have been caused by the customer through a culpable breach of duty.
5. In the event of an imminent or actual breach of the preceding obligations, and in the event of the assertion of third-party claims against Deep Care that are not manifestly unfounded, Deep Care shall be entitled, taking into account the legitimate interests of the customer, to temporarily suspend the SaaS services in whole or in part with immediate effect. Deep Care shall notify the customer of this measure without undue delay. The suspension shall be lifted as soon as the suspicion has been dispelled or the infringement has been remedied.
6. The content provided by the customer on their account may be protected by copyright and data protection laws. The customer grants Deep Care the right to store their content and make it accessible via the internet, in particular to reproduce and transmit it for this purpose, as well as to reproduce it for the purpose of data backup. Furthermore, Deep Care is authorised to make technically necessary modifications and to edit and adapt the content for the purpose of system stability and a better user experience.
7. The customer is responsible for ensuring that their use of personal data complies with data protection requirements. Otherwise, Section 11 applies.
Rights to the SaaS services
1. The software solutions, documentation or any other materials provided by Deep Care within the scope of the SaaS services are and remain the sole property of Deep Care. All rights to further developments, adaptations or other innovations or derivations with regard to the software solutions shall belong solely to Deep Care, even if they are made on the basis of suggestions or feedback from the customer. The customer grants Deep Care the right to use its suggestions and feedback, unrestricted in terms of territory, time and content, non-exclusive, transferable and sub-licensable, for all types of use, in particular for their reproduction, distribution, exploitation and adaptation.
2. Deep Care grants the customer the non-exclusive and non-transferable right to use the software solution specified in the contract, as well as any materials and documentation contained therein, as intended within the scope of the SaaS services for the duration of the contract.

§ 9 WARRANTY ON PURCHASE

Deep Care accepts no liability for damage resulting from improper handling or use of the products by the customer or its purchasers. Deep Care merely warrants that the products correspond to the product and service description and that their use in accordance with the contract does not infringe any third-party rights.
In the event of a defect, Deep Care shall, at its discretion, be entitled to remedy the defect or supply a new defect-free product by way of subsequent performance. Deep Care shall be obliged to bear all expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, provided that these do not increase as a result of the products being taken to a place other than the place of performance.
If the remedial action ultimately fails, the customer may, at their discretion, demand a reduction in the price or withdraw from the contract. Withdrawal from the contract is excluded in the case of only minor defects. Section 10 of these General Terms and Conditions applies to claims for damages arising from defects in deliveries.
Customer claims for defects shall be time-barred after twelve (12) months, unless (i) Deep Care has fraudulently concealed the defect or caused it intentionally or by gross negligence, or (ii) Deep Care has assumed a guarantee within the meaning of Section 443 of the German Civil Code (BGB) for the absence of a characteristic, or (iii) the customer's claims relate to personal injury or to defects in title within the meaning of Section 438 (1) no. 1a of the German Civil Code (BGB). The limitation period shall commence upon delivery of the products to the customer.

§ 10 LIABILITY

Deep Care is liable for damages under fault-based liability, irrespective of the legal grounds (e.g. arising from a quasi-contractual relationship of trust, contract or tort) – including for impossibility or delay as well as for defects in the deliveries – only to the following extent:
- in the event of intent and gross negligence in the full amount;
- in cases of simple negligence only in the event of a breach of a material contractual obligation (an obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose fulfilment the customer therefore regularly relies and may rely), specifically for compensation for the typical and foreseeable damage, but limited to a maximum of the value of the order.
The aforementioned limitations of liability shall not apply to claims of the customer under the Product Liability Act, nor to damages resulting from injury to life, body or health, or in cases where Deep Care has assumed an explicit guarantee.
In the case of rental, the landlord's strict liability pursuant to Section 536a (1) of the German Civil Code (BGB) for defects in the rented products already existing at the time the contract was concluded is expressly excluded.
Deep Care shall not be liable for the loss of data to the extent that the damage is due to the customer failing to perform data backups and thereby ensure that lost data can be restored with reasonable effort.
The above limitations of liability shall apply to the same extent in favour of Deep Care’s executive bodies, legal representatives, employees and other agents.

§ 11 Data Protection and Information Security

The contractual partners shall process and use personal data of the respective other contractual partner in compliance with the provisions of data protection laws and solely for purposes agreed upon in the contract. In particular, they shall secure such data against unauthorised access and shall disclose them to third parties only with the consent of the other contractual partner or the data subjects concerned.
Insofar as it is necessary for the performance of the contract for the customer to grant Deep Care access to personal data, Deep Care shall implement appropriate organisational and technical measures to ensure the availability, integrity, authenticity and confidentiality of such data as well as of the information systems, components and processes used in the provision of the services. Personnel deployed shall be informed of data protection obligations and bound to secrecy in accordance with the data protection regulations.
If Deep Care processes data on behalf of the customer, the terms of the Deep Care data processing agreement shall apply.

§ 12 CONFIDENTIALITY

„Confidential Information“ means trade secrets and all information, data and documents of the respective other party which are marked as confidential or are to be regarded as confidential due to the circumstances, in particular information about operational processes, business relationships and know-how.
The parties agree to keep confidential information secret. This obligation continues after the termination of the contract.
Exempted from this obligation is such confidential information that (i) was demonstrably already known to the recipient upon conclusion of the contract or subsequently becomes known from a third party without this breaching a confidentiality agreement, statutory provisions or administrative orders; (ii) is publicly known upon conclusion of the contract or subsequently becomes publicly known without breach of an obligation of confidentiality; (iii) must be disclosed due to statutory obligations or by order of a court or an authority. Insofar as permissible and possible, the recipient obliged to disclose shall inform the other party in advance and give it the opportunity to take action against the disclosure.
The Parties shall only grant access to confidential information to advisors who are subject to professional secrecy or who have previously been bound by confidentiality obligations equivalent to the confidentiality obligations of this Agreement. Furthermore, the Parties shall only disclose confidential information to those employees who need to know it for the performance of this Agreement.
The receiving party also undertakes not to reverse engineer, decompile, disassemble or otherwise examine the composition and/or manufacture of the disclosing party's confidential information, either directly or through third parties, unless this is necessary for the fulfilment of the contract's purpose and the disclosing party has expressly agreed to it in writing beforehand, or unless it is permitted by law.

§ 13 FINAL PROVISIONS

The place of performance for all deliveries is the registered office of Deep Care, unless the contractual partners agree otherwise. Deep Care reserves the right to make the dispatch from another location within Germany as well.
Amendments and additions to the contract or these terms and conditions must be in writing. This expressly applies also to the waiver of this written form requirement. This formal requirement is also met if the contract or the contractual adjustment is signed electronically and transmitted, including scans of signed documents or digital signatures.
The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Deep Care. However, Deep Care is also entitled, at its discretion, to bring an action at the customer's registered office.
The law of the Federal Republic of Germany shall apply, excluding the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
Should any provision of these General Terms and Conditions or any other agreement between the contracting parties be or become invalid or unenforceable, this shall not affect the remainder of these General Terms and Conditions. The contracting parties shall replace the invalid or unenforceable provision with a provision that comes closest to the meaning and purpose of the invalid or unenforceable provision and the intention of the contracting parties. The same shall apply in the event of any gaps in the contract.