Terms & Conditions
Terms and conditions of ShowerCurtain365.com
§ 1 General - Scope
1. the terms and conditions apply to all present and future business relations with: Duschvorhang.de I ShowerCurtain365.com, Kornträgergang 27; 20355 Hamburg; Phone 040 18057237; Fax 040 27882146; info(@)showercurtain365.com
2. deviating, conflicting or supplementary general terms and conditions, even if known, are not part of the contract, unless their validity is expressly agreed in writing.
§ 2 Conclusion of contract
1. our offers are subject to change. We reserve the right to make technical changes as well as changes in shape, color and/or weight within the scope of what is reasonable.
2. with the order of a product the customer declares bindingly to want to acquire the ordered product.
We are entitled to accept the contractual offer contained in the order within two weeks of receipt. The acceptance can be declared either in writing or by delivery of the goods to the customer. 3.
If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance. 4.
4. the conclusion of the contract is subject to correct and timely delivery by our suppliers. This shall only apply in the event that we are not responsible for the non-delivery, in particular in the event of the conclusion of a congruent hedging transaction with our supplier.
The customer will be informed immediately about the non-availability of the service. The consideration will be refunded immediately.
If the consumer orders the goods electronically, the text of the contract will be stored by us and sent to the customer by e-mail upon request together with these General Terms and Conditions.
§ 3 Retention of title
(1) In the case of contracts with consumers, we retain title to the goods until the purchase price has been paid in full.
2. we are entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default in payment.
§ 4 Right of return
Basically, the respective, by the german Federal Ministry of Justice, currently published right of withdrawal applies.
So that a satisfactory and cost-saving solution can be found for both sides, we would be pleased if you contact us immediately, e.g. by email email@example.com, to initiate the best possible steps. The direct costs of the return delivery are borne by the customer, in justified cases a refund will be made.
1. please check the delivery immediately for correctness and completeness. Any defects should be notified in writing (e.g. by e-mail) immediately after they are discovered. At the latest, however, within 14 days after receipt of the goods.
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last part shipment or the last piece. In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. For this purpose, you can use the sample cancellation form enclosed with the delivery, which is, however, not mandatory.
Duschvorhang.de c/o Data2000 GmbH
A notification by mail to firstname.lastname@example.org accelerates the processing and helps us in addition to a completed return form in processing. To meet the cancellation deadline, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
For damaged goods, e.g. as usual after an assembly, a value substitute is asserted.
Returning goods without comment does not count as a revocation.
The right of withdrawal does not apply:
- For goods that are made to customer specifications or clearly tailored to personal needs.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
End of the cancellation policy.
§ 5 Remuneration
1. the offered purchase price is binding. The purchase price includes the statutory value added tax.
In the case of mail order purchase, the purchase price includes the flat rate shipping costs.
The customer does not incur any additional costs when ordering by using the means of distance communication.
The customer can pay the purchase price on the options offered in the ordering process (prepayment, Paypal, Sofort.de). 2.
If the customer has received the goods before the payment, the customer is obliged to pay the purchase price within 10 days after receipt of the goods. After this period, the customer is in default.
During the delay the consumer has to pay interest on the money debt in the amount of 5% above the base interest rate.
3. the customer has a right to offset only if his counterclaims have been legally established or recognized by us.
The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 Transfer of risk
(1) The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the goods have been handed over, even in the case of sale by delivery to a place other than the place of performance.
2. it is equal to the handing over, if the buyer is in the delay of the acceptance.
§ 7 Warranty
1. the buyer has first of all the choice whether the supplementary performance is to take place by rework or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance does not involve any significant disadvantages for the consumer. 2.
2. if the subsequent performance fails, the customer may in principle demand a reduction of the remuneration (abatement) or rescission of the contract (withdrawal) at his discretion. However, in the event of only a minor breach of contract, in particular in the event of only minor defects, the customer shall not be entitled to withdraw from the contract. 3.
The customer must notify us in writing of any obvious defects within a period of two months after the time at which the condition of the goods contrary to the contract was established. The receipt of the notification by us shall be decisive for the observance of the time limit. If the consumer fails to provide this information, the warranty rights shall expire two months after the defect is discovered. This shall not apply in the event of fraudulent intent on the part of the Seller. The burden of proof for the time of the determination of the defect lies with the consumer. If the consumer was persuaded to purchase the item by inaccurate manufacturer's statements, the consumer shall bear the burden of proof for his purchase decision. In the case of used goods, the consumer bears the burden of proof for the defectiveness of the item. 4.
If the customer chooses to withdraw from the contract due to a legal or material defect after a failed supplementary performance, he shall not be entitled to any additional claim for damages due to the defect.
If the customer chooses compensation for damages after failed subsequent performance, the goods shall remain with the customer if this is reasonable for him. The compensation is limited to the difference between the purchase price and the value of the defective item. 5.
(5) If the customer receives defective assembly instructions, we shall only be obliged to supply assembly instructions that are free of defects, and this only if the defect in the assembly instructions prevents proper assembly.
6 The customer does not receive any guarantees in the legal sense from us. Manufacturer's guarantees remain unaffected by this.
7. in the case of an invalid shipping address, we charge the costs incurred!
§ 8 Limitation of liability
1. in the case of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This shall also apply to slightly negligent breaches of duty by our legal representatives or vicarious agents.
2. the above limitations of liability do not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability shall not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of life on the part of the customer.
3. the customer's claims for damages due to a defect shall become statute-barred one year after delivery of the goods. This shall not apply if we can be accused of fraudulent intent.
§ 9 Final Provisions
(1) The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
2. should individual provisions of the contract with the customer, including these general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The whole or partial invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
The operator of the service Sofortüberweisung, Payment Network AG, has taken out an insurance policy in your favor, which replaces damages in the event of misuse in accordance with the insurance conditions. This protects you from any liability risks within the scope of the insurance. In this context, we would like to point out that there are many banks and savings banks that assume that the use of the "Sofortüberweisung" service leads to a shift in liability in the event of any misuse by third parties due to the use of your PIN and TAN. This can lead to the fact that in case of misuse your bank refuses to take over the damage and as a result you have to bear the damage. However, it should be noted that there has not yet been any misuse of the "Sofortüberweisung" service (TÜV-certified online payment system). In addition, the above-mentioned insurance coverage exists.