General Terms and Conditions created via the generator of Deutsche Anwaltshotline AG
On the basis of these General Terms and Conditions (GTC), a contract is concluded between the customer and
Represented by Stefan Goletzke & David Bredt
Address: Werftstraße 20 18057 Rostock
Tel: 0381 865 1415 1
E-mail address: email@example.com
Commercial register: Rostock Local Court
Commercial register number: HRB 13765
Sales tax identification number: DE 311012695
hereinafter referred to as the provider, the contract is concluded.
Subject matter of the contract
This contract regulates the sale of new goods from the area of sanitary technology via the online shop of the supplier. For details of the respective offer, please refer to the product description on the offer page.
Conclusion of contract
The contract is concluded in electronic business transactions via the shop system or via other means of remote communication such as telephone and e-mail. In this context, the offers presented represent a non-binding invitation to submit an offer through the customer's order, which the supplier can then accept. The ordering process for the conclusion of the contract includes the following steps in the shop system:
Selection of the offer in the desired specification (size, colour, quantity).
Placing the offer in the shopping cart
Pressing the 'order' button
Entering the billing and delivery address
Selecting the payment method
Checking and processing the order and all entries
Press the button 'order with costs'.
Confirmation e-mail that the order has been received
In addition to the shop system, orders can also be placed by means of remote communication (telephone/e-mail), whereby the ordering process for the conclusion of the contract includes the following steps:
Calling the order hotline / sending the order email
Confirmation e-mail that the order has been received
The contract is concluded when the order confirmation is sent.
Duration of the contract
Subject to termination, the contract has a term of 1 delivery. The total price is calculated from the following components: Product price and possible shipping costs
Retention of title
The delivered goods remain the property of the supplier until full payment has been received.
The supplier reserves the right not to provide the promised service in case of unavailability.
Prices, shipping costs, return costs
All prices are final prices and include the statutory value added tax. The following flat-rate shipping costs are charged once per order: Shipping within Germany: 15 Euro and within the EU 25 Euro. In the case of partial deliveries, the flat rate will only be charged once. If a right of revocation exists and is used, the customer bears the costs of the return.
Terms of payment
The customer has only the following options for payment: advance bank transfer, invoice on delivery, payment service provider (PayPal), credit card. Other payment methods are not offered and will be rejected.
The invoice amount is to be transferred in advance to the account stated on the invoice after receipt of the invoice, which contains all details for the transfer and is sent by e-mail. The invoice amount is to be transferred in advance to the account stated there after receipt of the invoice, which contains all the details for the transfer and is sent with the delivery. If a trustee service/payment service provider is used, this enables the supplier and customer to process the payment between themselves. The escrow service/payment service provider forwards the customer's payment to the supplier. Further information is available on the website of the respective escrow service/payment service provider. When paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been dispatched. The customer is obliged to pay or transfer the stated amount to the account indicated on the invoice within 7 days after receipt of the invoice. Payment is due without deduction from the date of the invoice. After expiry of the payment period, which is thus determined by calendar, the customer shall be in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. Offsetting against claims of the customer is excluded, unless these are undisputed or have been legally established.
Terms of delivery
The goods will be dispatched immediately after confirmed receipt of payment. On average, the goods will be dispatched within 3 days at the latest. The entrepreneur undertakes to deliver on the 30th day after receipt of the order. The standard delivery time is 7 days, unless otherwise stated in the item description. The supplier will dispatch the order from his own warehouse as soon as the entire order is in stock there. The customer will be informed immediately of any delays. If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, although a corresponding covering transaction was made in good time, the supplier has the right to withdraw from a contract with the customer in this respect. The customer shall be informed of this immediately and any services received, in particular payments, shall be refunded.
Consumers are entitled to a statutory right of liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If there is a deviation from this, the warranty shall be governed by the relevant provisions in the General Terms and Conditions (GTC). The supplier is granted the right to choose between repair or new delivery in the event of subsequent performance if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. This does not apply to claims for damages of the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty by the supplier or his legal representative or vicarious agent. In all other respects, the statutory provisions shall apply.
The provider offers the customer a quality guarantee for its services. In doing so, the provider guarantees the following quality of the service: Functionality when used properly. The supplier offers the customer a durability guarantee for his service. The supplier thus guarantees the following quality for the warranty period: Functionality under proper use. The warranty period is 5 years.
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon handover or, in the case of shipment, upon delivery of the goods to the selected service provider for this purpose. The text of the contract is stored by the supplier. The customer has no possibility of directly accessing the stored contract text himself. The customer can correct errors in the input during the ordering process. To do so, he can proceed as follows: The best way to correct input errors is to send a short e-mail to firstname.lastname@example.org.
Right of withdrawal and customer service
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of delivery,
In the case of a contract of sale: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In the case of a contract for the supply of several goods ordered by the consumer as part of a single order and delivered separately: on the day on which you or a third party other than the carrier and indicated by you takes or has taken possession of the last goods.
In the case of a contract for the delivery of goods in several partial consignments or pieces: on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece.
In the case of a contract for the regular delivery of goods over a fixed period of time: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.
If several alternatives coincide, the last point in time is decisive.
To exercise your right of withdrawal, you must contact us
(Duschkraft GmbH, Stefan Goletzke & David Bredt, Werftstraße 20 - 18057 Rostock 0381 865 1415 1 - email@example.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Exclusion of liability
Claims for damages by the customer are excluded, unless otherwise stated in the following. This also applies to the provider's representatives and vicarious agents if the customer asserts claims for damages against them. Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without the provider's consent, unless the customer has proven a legitimate interest in the assignment or pledge.
Language, place of jurisdiction and applicable law
The contract shall be drawn up in German. The further performance of the contractual relationship shall be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply insofar as this does not restrict any legal provisions of the state in which the customer is domiciled or habitually resident. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is Rostock.
In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these GTC, data is collected, stored and processed by the provider. This is done within the framework of the statutory provisions. The Provider shall not pass on any personal data of the Customer to third parties unless it would be legally obliged to do so or the Customer has expressly consented to this in advance. If a third party is used for services in connection with the handling of processing operations, the provisions of the Federal Data Protection Act shall be complied with. The data provided by the customer by way of the order shall be processed exclusively for the purpose of contacting the customer within the framework of the processing of the contract and only for the purpose for which the customer has provided the data. The data will only be passed on to the shipping company that takes over the delivery of the goods according to the order to the extent necessary. The payment data will be passed on to the credit institution commissioned with the payment. Insofar as the provider is subject to retention periods under commercial or tax law, the storage of some data may last up to ten years. During the visit to the provider's Internet shop, anonymised data that do not allow any conclusions to be drawn about personal data and do not intend to do so, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Duschkraft GmbH, Stefan Goletzke & David Bredt, Werftstraße 20 18057 Rostock 0381 865 1415 1 firstname.lastname@example.org.
The invalidity of any provision of these GTC shall not affect the validity of the other provisions