Online Store Terms and Conditions
Terms and Conditions for sales contracts concluded through the online store between
Badegärten Eibenstock GmbH, Am Bühl 3, 08309 Eibenstock, registered in the Commercial Register of the Chemnitz Local Court under HRB 12778, represented by Managing Director Roberto Fricker, VAT ID No. DE 178 540 824—hereinafter referred to as the “Provider”—
and
the customer specified in Section 2 of the contract—hereinafter referred to as the “Customer”—
be closed.
§ 1 Scope, Definitions
(1) The business relationship between the online store provider (hereinafter “Provider”) and the customer (hereinafter “Customer”) is governed exclusively by the following General Terms and Conditions. Any conflicting terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The customer is a consumer to the extent that the purpose of the ordered goods and services cannot be attributed to the customer’s commercial or self-employed professional activity. By contrast, a business is any natural or legal person, or partnership with legal capacity, that acts in the course of its commercial or self-employed professional activity when entering into the contract.
§ 2 Conclusion of the Contract
(1) The customer may select gift certificates from the provider’s product range and add them to a “shopping cart” by clicking the “Add to Cart” button. By clicking the “Submit Order” button, the customer submits a binding request to purchase the items in the shopping cart. Before submitting the order, the customer may view and modify the information at any time. However, the order can only be submitted and transmitted if the customer accepts these Terms and Conditions by clicking the “Accept Terms and Conditions” button and thereby incorporates them into their order.
(2) The provider then sends the customer an automatic order confirmation via email, which lists the customer’s order again and allows the customer to print the invoice and the purchased gift certificate by clicking the “Download” button.
The order confirmation (the provider’s declaration of acceptance) also includes the cancellation policy, as well as confirmation of the provider’s privacy policy and terms and conditions. The contract text is stored in compliance with data protection regulations.
(3) The contract shall be concluded in German.
§ 3 Delivery
When purchasing gift certificates, customers can immediately download and print them using the “Print Gift Certificate Yourself” option. If the “Send Gift Certificate by Mail” option is selected, the gift certificates will be mailed to the customer.
§ 4 Activating the Gift Certificates
The gift certificates have a barcode and are activated only after payment has been received in full. The gift certificates cannot be redeemed before they are activated.
§ 5 Prices and Shipping Costs
(1) All prices listed in the provider's online store include the applicable statutory sales tax.
(2) Shipping costs will be displayed to the customer when the “Send voucher by mail” option is selected on the order form and are to be paid by the customer. If the “Print voucher yourself” option is selected, no shipping costs will apply.
(3) If the option “Send voucher by mail” is selected, the vouchers will be delivered by mail. The provider bears the risk of loss during shipping if the customer is a consumer.
(4) In the event of a cancellation, the customer must bear the direct costs of returning the goods.
§ 6 Payment Terms
(1) The customer may pay by credit card, PayPal, or on account. The customer may change the payment method stored in their user account at any time.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer shall be in default simply by missing the deadline. In this case, the customer must pay the provider default interest at a rate of 5 percentage points above the base interest rate.
(3) The customer’s obligation to pay late-payment interest does not preclude the provider from claiming further damages resulting from the delay.
§ 7 Warranty Against Defects, Guarantee
(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). For business customers, the warranty period for goods delivered by the Provider is 12 months.
(2) An additional warranty applies to goods delivered by the supplier only if such a warranty was expressly stated in the order confirmation for the respective item.
§ 8 Liability
(1) The customer’s claims for damages are excluded. This does not apply to the customer’s claims for damages arising from injury to life, limb, or health, or from a breach of material contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or its agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall be liable only for foreseeable damages typical for this type of contract if such damages were caused by simple negligence, unless the Customer’s claims for damages arise from injury to life, body, or health.
(3) The limitations set forth in paragraphs 1 and 2 also apply in favor of the Provider’s legal representatives and agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Notice of Right of Withdrawal
(1) Consumers generally have a statutory right of withdrawal when entering into a distance sale, and the seller provides information on this right below in accordance with the statutory model. A model withdrawal form is provided in paragraph (2).
Right of Withdrawal Policy
Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.
To exercise your right of withdrawal, you must notify us
Badegärten Eibenstock, LLC
Am Bühl 3, 08309 Eibenstock
Phone: 037752/507-0
Fax: 037752/507-11
Email address: mail@badegaerten.de
by means of a clear statement (e.g., a letter sent by mail, fax, or email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, although its use is not required.
To comply with the cancellation period, it is sufficient for you to send the notice of your intention to exercise your right of cancellation before the cancellation period expires.
Consequences of the Revocation
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the low-cost standard delivery we offer), without delay and no later than fourteen days from the day we receive notice of your cancellation of this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You must return or hand over the goods to us immediately, and in any case no later than fourteen days from the date on which you notify us of your cancellation of this contract. The deadline is met if you ship the goods before the fourteen-day period expires.
You are responsible for the direct costs of returning the goods.
You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.
(2) In accordance with the law, the provider provides the following information regarding the model cancellation form:
Sample Cancellation Form
(If you wish to cancel the contract, please fill out this form
(Fill it out and send it back.)
To
Badegärten Eibenstock, LLC
3 Am Bühl
08309 Eibenstock
Fax: 037752/50711
Email: mail@badegaerten.de
— I/we (*) hereby withdraw from the contract I/we (*) entered into
regarding the purchase of the following goods (*)/ the provision of the following
Service (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for written notices)
— Date
(*) Delete as appropriate
§ 10 Other Information
Gift certificates cannot be redeemed for cash.
§ 11 Information on Data Processing
(1) The Provider collects customer data in connection with the fulfillment of contracts. In doing so, the Provider complies in particular with the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the Provider will collect, process, or use the customer’s personal and usage data only to the extent necessary for the fulfillment of the contractual relationship and for the use and billing of telemedia services.
(2) Without the customer's consent, the provider will not use the customer's data for advertising, market research, or opinion polling purposes.
(3) The customer may at any time view, modify, or delete the data stored about them by clicking the “My Data” button in their profile. For further information regarding the customer’s consent and other details on data collection, processing, and use, please refer to the Privacy Policy, which is available in printable form at any time on the provider’s website via the “Privacy Policy” button.
§ 12 Final Provisions
(1) Contracts between the Provider and the Customers are governed by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions regarding restrictions on the choice of law and the applicability of mandatory provisions—in particular those of the country in which the Customer, as a consumer, has his or her habitual residence—remain unaffected.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider’s place of business.
(3) Even if individual provisions of this contract are legally invalid, the remaining provisions shall remain binding. The invalid provisions shall be replaced by the applicable statutory provisions, if any. However, if this would constitute an unreasonable hardship for either party, the contract as a whole shall become invalid.
As of January 26, 2018