Terms of service
General Terms and Conditions with Customer Information
(The GTC below also contain legal information on your rights under the regulations on distance contracts and electronic commerce).
- Offers and service descriptions
- Order process and conclusion of contract
- Prices and shipping costs
- Delivery and availability of goods
- Modes of payment
- Reservation of title
- Perfect of quality and warranty
- Saving the text of the contract .
- Data protection
- Jurisdiction, Applicable Law, Contract Language
1.1 The business relationship between Bamberger-Wellness GmbH, Germany, Industriestrasse 25,
DE-89423 Gundelfingen (hereinafter "Seller") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 4:00 p.m. under the telephone number +49 (0) 9073 / 996 80 40 as well as by e-mail under firstname.lastname@example.org.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the Customer shall not be recognised unless the Seller expressly agrees to their validity.
2. Offers and specifications
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise noted with the products. Apart from that, errors are excepted.
3. Ordering process and conclusion of contract
3.1 The Customer can select products from the Seller's range without obligation and collect them in a so-called shopping basket via the button. Subsequently, the customer can proceed to the conclusion of the order process within the shopping cart via the button.
3.2 Via the button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary details are marked with an asterisk (*).
3.3 The Seller then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.
3.4 Should the seller allow payment in advance, the contract is concluded with the provision of the bank details and request for payment. If the payment has not been received by the Seller within 10 calendar days of sending the order confirmation, despite the due date, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall have no obligation to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of advance payment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1 All prices stated on the Seller's website are inclusive of the applicable statutory VAT.
4.2 In addition to the stated prices, the Seller shall charge shipping costs for the delivery, if applicable. The shipping costs will be clearly communicated to the Buyer on a separate information page and as part of the order process.
4.3 In the event of shipment to non-EU countries, additional taxes or costs (e.g. customs duties) may be incurred in connection with the order, which shall not be paid via the Seller or invoiced by the Seller, but shall be paid directly to the competent customs or tax authorities. The respective competent authorities shall provide information on details.
5. Delivery and availability of goods
5.1 If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2 If delivery of the goods fails through the fault of the buyer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3 If the product ordered is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the Customer does not wish to receive a comparable product, the Seller will immediately reimburse the Customer for any consideration already paid.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment modalities
6.1 The customer can choose from the available methods of payment within the framework of and before completing the ordering process. Customers will be informed about the available means of payment on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. In the case of all other methods of payment, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with payment processing, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date for payment is determined according to the calendar, the customer shall already be in default by missing the deadline. In this case, the Customer shall pay the statutory interest on arrears.
6.5 The Customer's obligation to pay interest on arrears shall not preclude the Seller from asserting further claims for damages caused by arrears.
6.6 The Customer shall only be entitled to a right of set-off if his counterclaims have been legally established or recognised by the Seller. The Customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Retention of title
Until full payment has been made, the goods delivered remain the property of the seller.
8. Warranty for material defects and guarantee
8.1 The warranty is determined in accordance with statutory provisions.
8.2 A warranty only exists for the goods delivered by the seller if this has been expressly given. Customers will be informed of the terms of the warranty before the order process is initiated.
9.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other statutory prerequisites for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those referred to in the above sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order process.
10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
11. Data protection
11.1 The Seller processes personal data of the Customer for a specific purpose and in accordance with the statutory provisions.
11.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) are used by the Seller to fulfil and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3 The Customer has the right to receive information free of charge on request about the personal data stored about him by the Seller. In addition, he has the right to correction of incorrect data, blocking and deletion of his personal data, insofar as there is no legal obligation to retain such data.
12 Jurisdiction, Applicable Law, Contractual Language
12.1. place of jurisdiction and place of performance shall be the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. contract language shall be German.
12.3. Platform of the European Commission for online dispute resolution (OS) for consumers: www.ec.europa.eu/consumers/odr