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General Terms and Conditions

1. Scope of Application

1.1

These General Terms and Conditions (hereinafter "Terms") of DDP duschdichtungsprofile.de GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or business operator (hereinafter "Customer") concludes with the Seller with respect to the goods presented by the Seller in its online shop. The incorporation of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2

Within the meaning of these Terms, a consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or self-employed professional activity.

1.3

Within the meaning of these Terms, an entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2. Contract Conclusion

2.1

The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve as the Customer's submission of a binding offer.

2.2

The Customer can submit an offer via the online order form integrated in the Seller's online shop. After the Customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, they submit a legally binding contract offer with respect to the goods in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit an offer by email, via the online contact form, or by telephone to the Seller.

2.3

The Seller may accept the Customer's offer within five days,

  • indem er dem Kunden eine schriftliche Auftragsbestätigung oder eine Auftragsbestätigung in Textform (Fax oder E-Mail) übermittelt, wobei insoweit der Zugang der Auftragsbestätigung beim Kunden maßgeblich ist, oder
  • indem er dem Kunden die bestellte Ware liefert, wobei insoweit der Zugang der Ware beim Kunden maßgeblich ist, oder
  • indem er den Kunden nach Abgabe von dessen Bestellung zur Zahlung auffordert.

 

If several of the aforementioned alternatives apply, the contract is concluded at the moment when one of the aforementioned alternatives first occurs. The deadline for acceptance of the offer begins on the day after the Customer sends the offer and ends upon expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4

If the Customer selects a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to PayPal's terms of use, which can be viewed at www.paypal.com/en/legal/ or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at www.paypal.com/en/legal/. If the Customer pays using a PayPal payment method selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that completes the ordering process.

2.5

When submitting an offer via the Seller's online order form, the contract text is saved by the Seller after contract conclusion and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer sends their order. No further provision of the contract text by the Seller takes place. If the Customer has created a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected user account using the appropriate login credentials.

2.6

Before submitting a binding order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7

Different languages are available for contract conclusion. The specific language selection is displayed in the online shop.

2.8

Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3. Right of Withdrawal

3.1

Consumers generally have a right of withdrawal.

3.2

Further information regarding the right of withdrawal can be found in the Seller's withdrawal notice.

4. Prices and Payment Terms

4.1

Unless otherwise stated in the Seller's product description, the stated prices are total prices that include statutory sales tax. Any additional shipping and delivery costs are stated separately in the respective product description.

4.2

The payment option(s) are communicated to the Customer in the Seller's online shop.

4.3

If advance payment by bank transfer is agreed, payment is due immediately upon contract conclusion, unless the parties have agreed on a later due date.

4.4

If the Customer selects a payment method offered through the "PayPal" payment service, payment processing is handled by PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods through PayPal where he provides credit to the Customer (e.g., invoice purchase or installment payments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal performs a creditworthiness check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in case of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. The Seller remains responsible, even in the case of claim assignment, for general customer inquiries regarding goods, delivery times, shipping, returns, complaints, withdrawal declarations and submissions, or credits.

4.5

If the Customer selects a payment method offered through the "Mollie" payment service, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The individual payment methods offered through Mollie are communicated to the Customer in the Seller's online shop. To process payments, Mollie may use additional payment services for which special payment terms may apply, to which the Customer may be separately informed. Further information on "Mollie" is available on the internet at www.mollie.com.

4.6

If the Customer selects invoice purchase as the payment method, the purchase price becomes due after the goods are delivered and invoiced. In this case, the purchase price must be paid in full within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in their payment information in the online shop. The Seller further reserves the right to perform a creditworthiness check when the invoice purchase payment method is selected and to refuse this payment method if the creditworthiness check is negative.

4.7

If the Customer selects invoice purchase as the payment method, the purchase price becomes due after the goods are delivered and invoiced. In this case, the purchase price must be paid in full within 30 days from the invoice date to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The invoice purchase payment method requires a successful creditworthiness check by Klarna AB. If the Customer is permitted to use the invoice purchase payment method after a creditworthiness check, payment processing is handled in cooperation with Klarna AB, to whom the Seller assigns his payment claim. In this case, the Customer can only make payment to Klarna AB with debt-discharging effect. Otherwise, the General Terms and Conditions of Klarna AB apply, which the Customer can retrieve during the ordering process. The Seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in their payment information in the online shop.

4.8

If the Customer selects "PayPal Invoice" as the payment method, the Seller assigns his payment claim to PayPal. Before accepting the Seller's assignment declaration, PayPal performs a creditworthiness check using the transmitted customer data. The Seller reserves the right to refuse the "PayPal Invoice" payment method to the Customer in case of a negative check result. If the "PayPal Invoice" payment method is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment date. In this case, the Customer can only make payment to PayPal with debt-discharging effect. The Seller remains responsible, even in the case of claim assignment, for general customer inquiries regarding goods, delivery times, shipping, returns, complaints, withdrawal declarations and submissions, or credits. Additionally, the General Terms of Use for the use of PayPal's invoice purchase apply, which can be viewed at www.paypal.com/en/legal/.

4.9

If the Customer selects a payment method offered through the "Klarna" payment service, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and terms and conditions from Klarna can be found here: Payment Information

5. Delivery and Shipping Terms

5.1

If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller's order processing is decisive. As an exception, if PayPal is selected as the payment method, the delivery address entered by the Customer with PayPal at the time of payment is decisive.

5.2

If delivery of the goods fails due to reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs for the outbound shipment if the Customer validly exercises their right of withdrawal. For return shipping costs, the regulation made by the Seller in its withdrawal notice applies if the right of withdrawal is validly exercised by the Customer.

5.3

If the Customer is an entrepreneur, the risk of accidental loss and deterioration of the goods sold transfers to the Customer as soon as the Seller delivers the goods to the freight forwarder, carrier, or other person or entity designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and deterioration of the goods sold generally transfers to the Customer only upon delivery of the goods to the Customer or an authorized recipient. As an exception, the risk of accidental loss and deterioration of the goods sold also transfers to the Customer if the Customer is a consumer, as soon as the Seller delivers the goods to the freight forwarder, carrier, or other person or entity designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or other person or entity designated to carry out the shipment and the Seller has not previously named this person or entity to the Customer.

5.4

The Seller reserves the right to withdraw from the contract in the event of improper or defective self-supply. This applies only if the non-delivery is not the Seller's fault and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to obtain the goods. In case of unavailability or only partial availability of the goods, the Customer will be informed immediately and the payment will be refunded immediately.

5.5

If the Seller offers the goods for pickup, the Customer can pick up the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs are charged.

6. Retention of Title

If the Seller provides goods in advance, the Seller retains ownership of the delivered goods until full payment of the purchase price owed.

7. Warranty (Defects Liability)

Insofar as the following regulations do not provide otherwise, the provisions of the statutory warranty apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1

If the Customer is an entrepreneur,

  • hat der Verkäufer die Wahl der Art der Nacherfüllung;
  • beträgt bei neuen Waren die Verjährungsfrist für Mängelrechte ein Jahr ab Ablieferung der Ware;
  • sind bei gebrauchten Waren die Mängelrechte ausgeschlossen;
  • beginnt die Verjährung nicht erneut, wenn im Rahmen der Mängelhaftung eine Ersatzlieferung erfolgt.

 

7.2

If the Customer is a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for defects claims is one year from delivery if this has been expressly and separately agreed upon by the parties and the Customer was specifically informed of the reduction in the limitation period before submitting their declaration of intent.

7.3

The aforementioned limitations on liability and shortened periods do not apply

  • für Schadensersatz- und Aufwendungsersatzansprüche des Kunden,
  • für den Fall, dass der Verkäufer den Mangel arglistig verschwiegen hat,
  • für Waren, die entsprechend ihrer üblichen Verwendungsweise für ein Bauwerk verwendet worden sind und dessen Mangelhaftigkeit verursacht haben,
  • für eine ggf. bestehende Verpflichtung des Verkäufers zur Bereitstellung von Aktualisierungen für digitale Produkte, bei Verträgen zur Lieferung von Waren mit digitalen Elementen.

 

7.4

Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal right of recourse remain unaffected.

7.5

If the Customer is a merchant within the meaning of § 1 HGB, the Customer is subject to the commercial inspection and notice requirements under § 377 HGB. If the Customer fails to comply with the notice requirements stipulated there, the goods are deemed approved.

7.6

If the Customer is a consumer, they are requested to file a complaint with the delivery agent for goods delivered with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8. Liability

The Seller's liability to the Customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and expense reimbursement is as follows:

8.1

The Seller is liable without limitation for any reason

  • bei Vorsatz oder grober Fahrlässigkeit,
  • bei vorsätzlicher oder fahrlässiger Verletzung des Lebens, des Körpers oder der Gesundheit,
  • aufgrund eines Garantieversprechens, soweit diesbezüglich nichts anderes geregelt ist,
  • aufgrund zwingender Haftung wie etwa nach dem Produkthaftungsgesetz.

 

8.2

If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited under the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, whose fulfillment enables proper performance of the contract at all, and on whose compliance the Customer can regularly rely.

8.3

Otherwise, the Seller's liability is excluded.

8.4

The above liability provisions also apply to the Seller's liability for its performance agents and legal representatives.

9. Redemption of Promotional Vouchers

9.1

Vouchers issued by the Seller as part of promotional campaigns with a specified validity period and which the Customer cannot purchase (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

9.2

Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.

9.3

Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.4

Only one promotional voucher can be redeemed per order.

9.5

The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.6

If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to pay the difference.

9.7

The credit of a promotional voucher will not be paid out in cash nor will it accrue interest.

9.8

The promotional voucher will not be refunded if the Customer returns the goods purchased in whole or in part with the promotional voucher under their legal right of withdrawal.

9.9

The promotional voucher is transferable. The Seller can perform with debt-discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of authority, incapacity to be bound, or lack of power of representation.

10. Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11. Jurisdiction

If the Customer is a merchant, legal entity of public law, or public-law special asset with a place of business within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the Seller. If the Customer has a place of business outside the territory of the Federal Republic of Germany, the place of business of the Seller is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or business activity. The Seller is, however, in any case entitled to bring action before the courts at the Customer's place of business.

12. Code of Conduct

The Seller has committed itself to the Trusted Shops Quality Criteria, which can be viewed on the internet at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.

13. Alternative Dispute Resolution

The Seller is not obligated to participate in dispute resolution proceedings before a consumer mediation board, but is willing to do so.