Terms & Conditions

Term

The present General Terms and Conditions (referred to as "T&C" hereinafter) shall apply to the relationship between you and us regarding the iGoScuba Online-Shop.

The iGoScuba Online-Shop is operated by:

Dr. Cornelia Thieme Im Seerich 22 64839 Münster Germany

(referred to as „we" or „us" hereinafter)

Distinction between Entrepreneurs and Consumers

Some of the provisions of the present T&C do not apply in relation to any and all customers but only in relation to consumers or only in relation to entrepreneurs. Where the scope of application of the present T&C is limited in such aforesaid manner it will be specially indicated hereinafter.

„Consumer" shall, for purposes of the present T&C and in accordance with the statutory definition in section 13 of the German Civil Code ("Bürgerliches Gesetzbuch", abbr. "BGB"), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.

„Entrepreneur" shall, for purposes of the present T&C and in accordance with the statutory definition in section 14 of the German Civil Code ("Bürgerliches Gesetzbuch", abbr. "BGB"), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.

Customer Account

In order to use the online shop more conveniently, you can open a customer account. Registrants are obliged to enter complete and correct information. No information concerning third persons may be used without such persons’ consent. Multiple registrations are not permitted.

You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.

Conclusion of Contract, Content of Contract

a.

The presentation of our goods on the website shall not constitute a binding offer by us. Only if and once you order goods on our website, such purchase order of yours shall constitute a binding offer to conclude the respective contract. You can submit a purchase order in that you put one or more goods and/or services into the shopping basket, run through the remaining order process on the website and enter the data as requested in such context. Prior to sending off your purchase order you will see an overview with your order information. Within the menu of the aforesaid order overview you will have the opportunity to check and modify your purchase data. Only if and once you press the "buy now" button, you submit a binding offer for conclusion of a contract with us. Once we received your purchase order we will send you an email for confirmation of your purchase order (order confirmation). Upon your receipt of such order confirmation the contract will be concluded.

Languages made available for conclusion of the contract are English and German.

b.

The following shall only apply if you are an Entrepreneur:

Our offers, deliveries and performances shall solely be subject to the present T&C. Contradicting or additional terms and conditions of the customer shall not become part of the contract.

Storage of the Provisions of the Contract

The provisions of the contract are, for one part, contained in the order overview which is displayed in the final step of the order process, and, for the other part, in the present Terms and Conditions. We record and store the provisions of the contract. You can print out the a.m. documents by using the respective functionality of your browser (usually "print" respectively "file" > "save as").

Prices, Shipping Costs

The prices featured on our website include VAT.

Shipping of goods ism, unless indicated otherwise, made at the cost of the customer.

Delivery

The following shall only apply if you are an Entrepreneur:

Where we are not responsible for a delay of shipping, like e.g. in case of lack of energy, import difficulties, traffic congestions, strikes, force majeure or delays of our suppliers, the time period for performance shall be prolongued correspondingly. Should we not be able to perform even after adequate prolongation, the customer and we ourselves shall be entitled to terminate the contract.

Retention of Title

a.

We shall retain title in the goods delivered by us until full payment (referred to as "Goods Delivered Under Retention Of Title" hereafter).

b.

The following shall only apply if you are an Entrepreneur:

(aa)

We shall retain title in the Goods Delivered Under Retention Of Title until we will have received any and all payments under the business relationship with the customer. We shall release such aforesaid securities upon the customer's request to such extent as the value of our securities exceeds the value of the secured debt of the customer at more than 10%; in such event we shall be entitled to select, at our free discretion, the securities which are to be released.

(bb)

The customer shall be entitled to sell the Goods Delivered Under Retention Of Title to third parties within the ordinary course of business; however, the customer hereby already assigns to us any and all claims accruing to him from such resale to third parties.

Agreement on Cost of Return of Goods in Case of Revocation

We will collect the goods. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Right of Revocation

Consumers have the following right of revocation:

Instructions on withdrawal Right of withdrawal ~You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Cornelia Thieme / iGoScuba, Eisenbahnstrasse 35, 63571 Gelnhausen, Email: Conny@igoscuba) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal ~If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We will collect the goods. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Model withdrawal form (complete and return this form only if you wish to withdraw from the contract) - To Cornelia Thieme / iGoScuba Eisenbahnstrasse 35 63571 Gelnhausen Email: Conny@igoscuba - I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), - Ordered on (*)/received on (*), - Name of consumer(s), - Address of consumer(s), - Signature of consumer(s) (only if this form is notified on paper), - Date ___________ (*) Delete as appropriate. End of the Revocation Instruction

Claims arising from Defects/ Warranty

a. Where the customer is a consumer:

The warranty provisions of the applicable laws shall apply.

a. Where the customer is an Entrepreneur:

(aa)

The customer shall inspect the goods promptly after receipt. The customer shall notify us in writing of apparent defects within a period of two weeks from receipt of the respective goods or - if the defect should become apparent only after such aforesaid time period - within two weeks from the discovery of the defect. The timely dispatch of the notice shall suffice to preserve the customer's rights. Should such notice not be given or not be given in time, the goods shall be deemed approved.

(bb)

If and to the extent of a defect of the purchased goods, we shall, in the first place, provide warranty by way of cure. We shall perform such cure, at our choice, either by way by way of remedying the defect or by way of replacement delivery. Should such aforesaid cure fail, the customer shall be entitled to abate the remuneration or - in case of significant defects - to terminate the contract.

(cc)

The warranty period is one year, unless the defect was fraudulently concealed. The limitation period begins upon the delivery of the goods.

Liability Limitation

Our liability for damages shall, without prejudice to the other relevant prerequisites under the applicable laws, be subject to the following exclusions and limitations of liability. We shall be liable in case of gross negligence or intent. In case of ordinary negligence we shall solely be liable for a breach of a duty the fulfilment of which is a prerequisite for performance of the contract and which duty the other party may generally expect to be complied with (so called cardinal obligation). Otherwise, any liability for damages of any kind, regardless of the respective underlying cause of action and including liability of care before conclusion of a contract (culpa in contrahendo), shall be excluded. If and to the extent that we are liable for ordinary negligence in accordance with para. a. hereabove, our liability shall be limited to damages that were foreseeable as typical in view of the circumstances known at the time of conclusion of the contract. The aforesaid exclusions and limitations of liability shall not apply if and to the extent that we have given a guarantee for the quality of our services. Nor does it apply to (i) damages caused through injury to life, limb, and/or health, or to (ii) damages which are to be indemnified under applicable statutory provisions applying without regard to the existence of a contract, or to (iii) damages which are to be indemnified under applicable product liability laws. The aforesaid exclusions and limitations of liability shall also apply to our employees, agents and/or other third parties employed by us for performance of the contract.

12. Choice of Law, Jurisdiction

a. The laws of Germany shall apply. The Convention on the International Sale of Goods shall not apply.

s & Conditions