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 a provider (Dremenia GmbH) via the website https://dremenia-sauerstofftechnik.de/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their 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 their independent professional or commercial activity.
§ 2 Formation of the contract for the purchase of goods
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” using the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview. If you use an instant payment system (e.g. PayPal / PayPal Express, instant bank transfer) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop. Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also using the "back" function of the Internet browser) or to cancel the order. By submitting the order using the corresponding button ("order with payment" or similar name), you declare your legally binding acceptance of the offer, which results in the conclusion of the contract.
(4) Offers that cannot be booked via the online shopping cart system do not constitute binding offers. Your requests in this regard or other requests for the creation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Conclusion of the contract for services
(1) The subject of the contract is the implementation of information and/or promotional events for mild hyperbaric oxygenation, as well as coaching for the area of longevity. The timing of the services will be agreed upon individually with you.
(2) Placing the respective offer on our website does not constitute a binding offer to conclude a contract. If you make a booking via our website, this is a non-binding offer. Your other requests for an offer are also non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another deadline is specified in the respective offer).
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 4 Regulations for brokerage services
(1) If third-party offers are advertised on our website, these are not our own offers. By clicking on these third-party offers, you will be redirected to them. Any contract will then only be concluded between you and the third party offering the offer, under the terms and conditions set out there.
(2) Services provided by third parties are expressly and clearly marked as such on our website.
§ 5 Formation of the rental contract
(1) The subject of the contract is the rental of hyperbaric oxygen chambers for hyperbaric oxygenation. The exact details of the equipment to be rented can be found in the offers published on our website.
(2) Placing the respective offer on our website does not constitute a binding offer to conclude a contract. If you make a booking via our website, this is a non-binding offer. Your other requests for an offer are also non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another deadline is specified in the respective offer).
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 6 Contract execution services
(1) Meetings and coaching sessions in the form described in the respective service description will take place on the agreed dates or during the agreed period.
(2) If a scheduled training session is cancelled due to my short-term absence due to illness or other important reason, a catch-up date will be offered immediately.
(3) If you are unable to attend a scheduled appointment due to a short-term impediment for an important reason, please inform us immediately, but no later than 24 hours before the appointment begins. If you do not attend without prior cancellation, the full participation fee will still be due.
(4) If the performance of the service depends on the number of participants, the minimum number of participants is determined from the respective service description. If the minimum number of participants is not reached, we will inform you in writing (e.g. by email) at least 7 days before the start of the service that the booked service will not take place and will immediately offer you a catch-up date. If an agreement on a catch-up date cannot be reached, the costs will be reimbursed immediately.
(5) We are entitled to change or deviate from the promised service if this is necessary to achieve the contractual purpose (the performance of the service) and as long as the benefit for you does not change significantly.
(6) We reserve the right to make changes to the location of the service, provided that they are reasonable and accessibility for the participants is guaranteed.
§ 7 Technical requirements for online services
(1) You are responsible for ensuring that you have the technical requirements to participate in my online service. In any case, you will need internet access, a standard browser and a computer, laptop, tablet or mobile phone with a camera and microphone.
(2) You will also receive detailed information on the implementation of the respective online service using a video conferencing tool, the technical and other requirements required for this, including the cooperation required on your part, in the coaching description, in the booking process and/or in the e-mail notifications sent by us or, if applicable, by the provider of the video conferencing tool after the booking.
(3) The online service is carried out using a video conferencing tool from a third-party provider. Further details on the use of the third-party provider can be found in the terms of use and the privacy policy of the respective third-party provider. Please note that when booking the respective service using a third-party provider, you agree to the respective terms and conditions of the third-party provider.
§ 8 Contract execution rental
(1) The device will be handed over at the time and place specified in the offer. Depending on the agreement, the device will be delivered for self-assembly or assembled by us at the specified location. After assembly or upon receipt of the delivery, you confirm that you have taken delivery of the device in the contractually agreed condition and with the accessories specified in the handover protocol. You must have any complaints noted on the handover protocol immediately upon handover.
(2) If you assemble the device yourself, you must follow the instructions provided to you in a demonstration or video. The information and instructions contained therein must be followed. If these are not followed correctly, proper operation cannot be guaranteed.
(3) The rental period begins at the contractually agreed handover location at the pick-up time recorded in the handover protocol, but no later than the contractually agreed time. The rental period ends at the time recorded in the return protocol, but no earlier than the contractually agreed time.
(4) The rental days are each 24 hours, a month comprises 28 rental days. If a rental day is exceeded by more than 30 minutes, an additional full rental day will be charged. You will be granted a grace period of up to 30 minutes for the excess without charge. Exceeding the agreed rental period is only permitted with our prior consent. We reserve the right to immediately file a criminal complaint in the event of extensions to the agreed rental period without notification and to initiate civil claims to recover the device. You will be responsible for reimbursing any costs incurred as a result.
(5) We will collect and dismantle the equipment and this is not included in the rental price. The costs for collection and dismantling vary depending on the effort and distance involved. The costs must be requested from Dremenia GmbH in advance and are usually between €200 and €650 within Germany. Any defects in the equipment must be reported.
(6) If you continue to use the device after the agreed rental period has expired, the rental agreement is not deemed to have been extended. Section 545 of the German Civil Code does not apply.
(7) You undertake to observe and comply with all accident prevention regulations of which you are aware or which can be found in the operating instructions.
(8) You undertake not to transfer the device to third parties unless this is expressly agreed in the offer.
§ 9 Rental price
(1) The amount of the rental fee consists of the rental price plus selectable special services, which are set out in detail in the offer.
(2) The agreed rental price is to be paid monthly in advance. The costs for maintenance and wear and tear repairs are not included in the rental price.
(3) If additional costs are incurred when returning the device in addition to the originally agreed rental price, these must be paid immediately upon return of the device.
§ 10 Rental deposit
(1) At the start of the rental period, you are obliged to pay a deposit of 3,300 euros net in addition to the rental price as security for the fulfillment of your obligations. This serves to secure future claims from us in connection with the rental agreement. If the device is returned damaged, we are immediately entitled to the deposit. We can offset any subsequent costs against the deposit.
(2) The deposit will be returned to you within 28 days after termination of the tenancy.
(3) We are not obliged to invest the deposit separately from assets. No interest will be paid on the security.
(4) In the event of claims, these will only be offset against the deposit with express consent or in the event of refusal or default in payment.
§ 11 Hire purchase
Hire purchase is possible. If a tenant decides to purchase a device during or after the rental period, the rent paid will be credited towards the purchase price. The amount of the rental payments made is determined from the respective offer.
§ 12 Withdrawal / Cancellation of Service
(1) You can withdraw from the contract free of charge up to 10 days before the start of the appointment. The withdrawal must be in writing (e.g. email). The decisive point in time for compliance with the deadline is the receipt of the declaration of withdrawal by us. Withdrawal less than 10 days before the start is subject to a fee. In the event of withdrawal, a fee of €350 will be charged. You reserve the right to prove that we actually incurred no or significantly less expense.
(2) In case of non-attendance or partial attendance at the booked appointment, no refund of fees is possible.
(3) The statutory right of withdrawal is not affected by this; it exists regardless of the existence or non-existence of this additional right of withdrawal.
§ 13 Contract term / termination
(1) If the contract is bound to a fixed term according to the service description, it ends at the end of this term. Ordinary termination is excluded or is clearly regulated individually in a written contract.
(2) Unless the contract is tied to a fixed term, it ends when the service has been fully provided. Ordinary termination is excluded.
(3) The right of both parties to extraordinary termination of this contract in accordance with the statutory provisions remains unaffected. Any termination of the contract must be in writing (email, etc.) to be effective. Services provided up to the time the termination takes effect must be paid for.
§ 14 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 15 Rights of use for services
(1) Upon full payment of the remuneration owed, you shall receive a non-transferable, simple, spatially and temporally unlimited right to use any documents provided for online services for your own internal purposes.
(2) The right of use under paragraph 1 also includes the right to make modifications, translations, adaptations or other alterations and to use them for one's own internal purposes, including storage and reproduction.
(3) Ownership of the copies of the work results created by us for you to carry out the online services shall pass to you upon full payment of the remuneration owed.
(4) Unless otherwise specified in the offer, the following applies to online services provided: You or your employees will only receive access to the video content in the form of streaming and only for your personal, non-commercial use, and only within the scope specified and permitted by the normal technical functionality of the service. Streaming means the digital transmission of the content over the Internet to a user-operated Internet-enabled device in a way in which the data is intended for real-time viewing, but not for (permanent or temporary) downloading, copying, storage or redistribution by the user.
(5) The following applies to face-to-face services: a) You receive a non-exclusive, non-transferable right to participate in the booked events for the content of the services provided by me, limited in space and time to the agreed contract term. b) You also receive a non-transferable, simple right to use printed products and digitally provided documents for your own internal purposes, unlimited in space and time. This right of use also includes the right to make changes, translations, edits or other modifications and to use them for your own internal purposes, including storage and reproduction. c) Ownership of the copies of the work results that I create for the participants in print shall pass to you upon full payment of the remuneration owed.
(6) No further rights are granted.
(7) It is expressly forbidden to a) use the content provided by me beyond the use permitted under this contract or to make it available or accessible to third parties in any way, privately or commercially. Transferring the rights of use to third parties is not permitted without our prior written consent. b) making recordings of services without the other participants and I having expressly consented to this. c) allowing other participants to attend the service without my express consent.
§ 16 Customer’s responsibility
(1) By entering into the contract in accordance with § 3, you confirm that you are aware that hyperbaric applications represent a hormetic stressor, i.e. they are as strenuous or dangerous as sport, sauna or cold applications. You must ensure that you have the physical requirements to dive at a pressure of up to ten meters while breathing over 90% oxygen. If in doubt, consult a specialist.
(2) By concluding the contract, you confirm that you are not aware of any health conditions or restrictions that would preclude participation. From a medical point of view, there are no indications that would impair participation.
(3) Participation in a meeting under the influence of alcohol or drugs is prohibited.
§ 17 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods 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 do this, this will have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.
(4) There is no warranty for the services of third parties to which we merely act as an intermediary.
§ 18 Liability
(1) In cases of intent and gross negligence, we shall be liable in accordance with the statutory provisions.
(2) In the case of simple negligence, we are only liable if it is a breach of a material contractual obligation. In this case, liability is limited to foreseeable damage typical of the contract. A material contractual obligation is an obligation whose fulfilment makes the proper execution of a contract possible in the first place and on whose compliance the other party can regularly rely.
(3) Claims for damages under the Product Liability Act and in the event of injury to life, body or health remain unaffected by the above limitations of liability. Claims for indemnification under Section 9 Paragraph 4 of this contract remain unaffected by the above provisions.
(4) The above limitations of liability also apply to legal representatives, employees and vicarious agents.
Disclaimer of liability for business interruptions:
- Plant shutdown: The supplier assumes no liability for interruptions in operation or downtime caused by a standstill of the supplied system.
- Exclusion of claims for damages: Any claims for damages, including but not limited to lost profits, production losses or other consequential costs arising in connection with the downtime of the delivered system, are excluded.
- Customer’s obligation to cooperate: The Customer is obliged to carry out regular maintenance and inspections in accordance with the instructions and recommendations provided by the Supplier to ensure smooth operation of the system.
- Limitation of Liability: The supplier's liability is limited to intent and gross negligence. Any further liability is excluded.
§ 19 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office in Munich, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
(3) 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
Dremenia GmbH
Allendorfer Str. 58
35708 Haiger
Germany
Telephone: 02773 9186875
Mail: info@dremenia.de
Managing Director: Raphael Dreher
Commercial Register: District Court of Siegen, HRB 13222
VAT identification number(s): DE354808302
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.
We are not prepared to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. If you request a quote outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, 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 terms
5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. 5.5. Unless otherwise agreed, when booking courses, payment must be made on site on the course date at the latest, before the start of the course, otherwise there is no entitlement to participation.
6. Delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, 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 another person designated to carry out the shipment.
7. Statutory liability for defects Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
8. Contract term / termination Information on the contract term and the termination conditions can be found in the “Contract term / termination for subscription contracts” provision in our General Terms and Conditions (Part I), as well as in the respective offer.