Terms & Conditions
General Terms and Conditions of Sale
§ 1 Scope, Definitions
(1) These General Terms and Conditions of Sale (hereinafter referred to as "GTC") of Clearlight Saunas Europe GmbH shall apply to all contracts entered into between the
Clearlight Saunas Europe GmbH
C/O LPA-GGV
Herrengraben 3
20459 Hamburg
Germany
Managing directors: Johannes David Kettelhodt, Sebastian Mierau
Local court Hamburg, registration number: HRB 154100
Telephone number +49 (0)40 4011 0162
- In the following: "Seller" -
and
the Customer referred to in § 2
- hereinafter: "Customer" -
contracts concluded.
(2) The Customer is a consumer insofar as he concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
(3) The following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer in the version valid at the time of the conclusion of the contract.
(4) Deviating general terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity in writing. This shall also apply if the Seller does not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of articles on the website does not constitute a binding offer to conclude a purchase contract.
(2) The customer can select products from the seller's range and order them from the seller by email or telephone. With the order, the Seller will issue an invoice, which the Customer will receive by e-mail before receiving the declaration of acceptance in the sense of § 2 para. 5. The invoice contains all personal data of the Customer as well as the data of the order.
(3) The Seller shall then immediately send the Customer an automatic acknowledgement of receipt by e-mail in which the Customer's order is listed again. The automatic acknowledgement 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.
(4) If installation and assembly of the products selected by the Customer are included or if the Customer has ordered these services from the Seller in addition to the selected products, the Seller shall send the Customer a checklist by e-mail immediately after sending the automatic confirmation of receipt (§ 6 para. 1), which the Buyer shall in turn complete and send to the Seller immediately. The checklist serves only for the Seller's assessment of the local conditions at which the ordered products are to be installed and assembled and does not constitute an acceptance of the application.
(5) The contract shall not be concluded until the Seller has issued a declaration of acceptance, which shall be sent in a separate e-mail (order confirmation), or until the ordered goods have been delivered. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to the customer by the seller on a durable medium (e-mail or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection.
(6) The contract shall be concluded exclusively in German.
(7) Order processing and contacting usually take place by e-mail or telephone and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
§ 3 Delivery, Shipping, Availability of Goods
(1) The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
(2) Delivery times specified by the seller are calculated from the time of order confirmation, provided prior payment of the purchase price.
(3) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Seller shall inform the Customer of this immediately in the order confirmation. If the product is permanently not available, the seller refrains from a declaration of acceptance. In this case, a contract is not concluded. The Seller shall inform the Customer of this without delay and reimburse any consideration already received without delay.
(4) If the product designated by the Customer in the order is only temporarily unavailable, the Seller shall also inform the Customer of this without delay in the order confirmation.
(5) Delivery within Germany is included in the price of the items for mainland Germany, subject to the provision for partial deliveries requested by the customer in § 7 paragraph 3 and in cases where the customer has chosen a standard delivery other than the most favorable proposed by the seller. In addition, deliveries to other German countries and outside the German mainland are possible, but additional delivery costs will be incurred. The amount of these additional delivery costs can be found in the information on the website of the seller. The delivery area for the articles of the seller covers beyond Germany the countries listed below: Austria, Switzerland, England, Ireland, France, Belgium, Netherlands, Italy, Spain, Portugal, Monaco, Lichtenstein, Luxembourg, Greece, Croatia, Macedonia, Hungary, Romania, Belarus, Poland, Czech Republic, Slovenia, Slovakia, Norway, Sweden, Denmark, Finland, Estonia, Lithuania, Latvia, Ukraine, Albania, Malta, Cyprus, Serbia, Vatican, Moldova, Andorra, San Marino, Bosnia Herzegovina, Isle of Man, Jersey and the Channel Islands. Delivery to other countries is possible after coordination with the Seller, provided that this coordination has taken place before the effective conclusion of an order transaction.
(6) In the case of goods delivered by freight forwarding, delivery shall be made free curbside, i.e. to the public curbside nearest to the delivery address, unless otherwise stated in the shipping information on the Seller's website and unless otherwise agreed. The Customer is therefore responsible for moving the goods from the curb to a safe and dry storage location.
(7) If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him reasonable advance notice of the service.
(8) The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed thereof without delay and any consideration already paid shall be refunded without delay.
(9) Self-collection is not possible for logistical reasons.
§ 4 Transfer of risk
(1) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall generally pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company, provided that we only owe the shipment.
(2) However, if the Seller owes installation and/or assembly, the risk shall not pass until the installation and/or assembly work has been completed and accepted by the Customer.
§ 5 Partial Deliveries
The Seller shall be entitled to make partial deliveries insofar as this is reasonable for the Customer.
§ 6 Installation and Assembly, Obligation to Proper Interim Storage
(1) If installation and assembly of the products selected by the Customer can be ordered additionally and if the Customer has also ordered these services from the Seller in addition to the selected products, the Customer shall be obliged to immediately complete and submit to the Seller the checklist sent to him by the Seller following the confirmation of receipt by e-mail. After receipt and examination of the checklist completed by the Buyer, the Seller shall either send to the Buyer the declaration of acceptance within the meaning of § 2 (5) or contact the Buyer for the purpose of consultation regarding the feasibility of installation and assembly at the location described by the Buyer in the checklist. It is conceivable that on the basis of the checklist it turns out that the installation and assembly of the Products selected by the Customer is not possible at the place requested by the Customer and that as a result the Contract cannot be concluded. Furthermore, the Seller is not obliged to check the accuracy of the information contained in the checklist and does not assume any obligation, liability or responsibility for information provided by the Buyer. Likewise, the Seller shall not assume any obligation, liability or responsibility if, after the conclusion of the contract, it becomes apparent that, due to incorrect information provided by the Buyer in the checklist, installation and assembly of the Products is not possible or is only possible with difficulty. If additional costs are incurred due to missing or incorrect information in the checklist, these shall be borne by the customer.
(2) Unless expressly agreed otherwise in writing, installers shall be commissioned separately by the Customer in cases other than those described in § 6 para. 1, without any obligation, liability or responsibility arising for the Seller in this connection. In such cases, the installer's activity shall be the responsibility of the Customer. The electrical work associated with the Products must be carried out by an electrician or other competent person entrusted with the installation.
(3) If the Seller is responsible for the installation and assembly of the Products selected by the Customer, the Seller shall ensure that the Products are delivered at least one working day before the scheduled installation and assembly in accordance with §§ 3 and 5. If, on the other hand, the Customer itself is responsible for installation and assembly of these products, it shall ensure that installation and assembly are scheduled for at least one working day after delivery of the selected products.
(4) In the period between delivery of the Products selected by Customer and installation and assembly, Customer shall store the Products in a safe and dry place. If the Customer violates this duty of care, the Seller reserves the right to withdraw from the contract.
(5) The customer is obliged to prepare the installation site in accordance with the specifications of the product-specific technical data sheet and to clear it for installation. The provision of the installation site in accordance with the respective data sheet with, for example, electrical connections or a proper substrate shall be the responsibility of the customer. If the Customer has completed a checklist within the meaning of § 6 (1) and submitted it to the Seller, the Customer may not change the installation site specified in the checklist without the prior consent of the Seller. (6) Prior to installation and assembly, the Products shall be inspected by the Customer or installer for external damage to ensure that they are free from defects or damage. There are notices both on the product and on the shipping carton informing the installer of this obligation.
(6) Der Installateur ist dafür verantwortlich, die örtlichen geltenden gesetzlichen Vorschriften zu kennen und die Produkte in Übereinstimmung mit diesen zu installieren.
(7) Im Falle eines vor der Installation festgestellten Problems dürfen die Produkte nicht installiert werden.
(7) The installer is responsible for knowing the local applicable legal regulations and installing the products in accordance with them.
(8) In case of any problem detected before installation, the products must not be installed.
§ 7 Prices, shipping costs
(1) All prices, which the Customer can take from a price list requested and sent by him to the Seller, are inclusive of the applicable statutory value added tax. However, delivery and shipping costs are included in these prices only with regard to deliveries for the German mainland, unless otherwise stated on the price list.
(2) The corresponding shipping costs shall be indicated to the Customer when placing the order with the Seller and shall be borne by the Customer in cases of delivery outside the German mainland, unless the Customer exercises its right of revocation.
(3) If the Seller fulfills an order according to § 5 by partial deliveries, the Customer shall only incur shipping costs for the first partial delivery, taking into account the provisions of § 3 paragraph 5. If, on the other hand, the partial deliveries are made at the request of the Customer, shipping costs shall be charged for each partial delivery.
(4) In the event of an effective revocation, the Customer may, subject to the statutory requirements, demand reimbursement of any costs already paid for shipment to the Customer (costs of delivery) (cf. on other consequences of revocation § 12 Paragraph 1). This does not apply to additional delivery costs that have arisen because the customer has chosen a different standard delivery than the one suggested by the seller (e.g. express delivery). Likewise, in the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 8 Payment modalities, default
(1) The customer has various payment options available to him, which are indicated on the website of the seller.
(2) The customer can change the payment method stored in his user account at any time.
(3) In the case of payment by means of a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
(4) If the products selected by the customer are goods in stock, the payment of the purchase price is due immediately upon conclusion of the contract (advance payment). The Seller will inform the Customer in the course of the order process and prior to the conclusion of the purchase contract whether the selected products are stock items. The seller, on the other hand, has to provide his service in the form of delivery only after receipt of payment.
(5) If, on the other hand, the products selected by the Customer are not stock items, a deposit in the amount of 50% of the purchase price shall be due immediately upon receipt of the order confirmation. The Seller will inform the Customer in the course of the order process and prior to the conclusion of the purchase contract whether the selected products are stock items. The other 50% of the purchase price shall then be paid by the Buyer immediately before delivery. The Seller shall remind the Customer of the latter in due time. The Seller shall render its performance in the form of delivery only after receipt of the entire purchase price.
(6) The Customer's obligation to pay any interest on arrears shall not preclude the Seller from claiming further damages for delay.
§ 9 Retention of title
(1) With respect to consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
(2) With respect to entrepreneurs, the Seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
(3) If the Customer is acting as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The Customer shall assign to the Seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer shall remain authorized to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the Seller shall not collect the receivables as long as the Customer meets its payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
§ 10 Warranty for Defects, Statute of Limitations, Obligation to Inspect and Give Notice of Defects, Warranty
(1) If the purchased item is defective, the provisions of the statutory liability for defects shall apply, in particular §§ 434 et seq. BGB. This shall also apply if the installation or assembly of the goods is part of the contract between the Seller and the Customer, the goods are installed by the Seller or under the Seller's responsibility and the installation is not carried out correctly. However, such installation error cannot be attributed to the Seller if it is due to material provided by the Customer.
(2) Claims for defects shall not arise in the event of natural wear and tear or damage occurring after the transfer of risk as a result of incorrect or negligent handling or use, as a result of incorrect or improper installation or assembly insofar as the installation or assembly is not owed by the Seller, excessive stress, unsuitable operating materials or which arise as a result of special external influences which are not assumed under the contract, as well as in the event of non-reproducible faults. If the customer or third parties carry out improper modifications or repair work, there shall also be no claims for defects for these and the consequences arising therefrom, unless the customer can prove that the malfunction complained of was not caused by these modifications or repair work.
(3) If the customer acts as a an entrepreneur an insignificant defect shall in principle not give rise to any claims for defects;
the seller has the choice of the type of subsequent performance;
in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
in the case of used goods, rights and claims based on defects are generally excluded;
the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
(4) If the customer is acting as a consumer, the limitation period for claims for defects in used goods shall be one year from delivery of the goods to the customer, with the restriction of the following clause.
(5) The above-mentioned limitations of liability and shortening of the period of limitation shall not apply to
to items which have not been used in accordance with their customary use for a building and have caused its defectiveness,
for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller,
for other damages based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
in the event that the Seller has fraudulently concealed the defect.
(6) Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
(7) If the Customer is acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it shall be subject to the commercial duty to examine the goods and to give notice of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
(8) If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
(9) An additional warranty exists for the goods delivered by the Seller only if this was expressly stated in the order confirmation for the respective item. Any manufacturer's warranties granted by the manufacturers of certain items shall be in addition to the statutory claims for material defects or defects of title. Details of the scope of such warranties can be found in the warranty conditions that may be enclosed with the articles.
§ 10 Warranty for Defects, Statute of Limitations, Duty to Inspect and Give Notice of Defects, Warranty
(1) If the purchased item is defective, the provisions of the statutory liability for defects shall apply, in particular §§ 434 ff. BGB. This shall also apply if the installation or assembly of the goods is part of the contract between the Seller and the Customer, the goods are installed by the Seller or under the Seller's responsibility and the installation is not carried out correctly. However, such installation error cannot be attributed to the Seller if it is due to material provided by the Customer.
(2) Claims for defects shall not arise in the event of natural wear and tear or damage occurring after the transfer of risk as a result of incorrect or negligent handling or use, as a result of incorrect or improper installation or assembly insofar as the installation or assembly is not owed by the Seller, excessive stress, unsuitable operating materials or which arise as a result of special external influences which are not assumed under the contract, as well as in the event of non-reproducible faults. If the customer or third parties carry out improper modifications or repair work, there shall also be no claims for defects for these and the resulting consequences, unless the customer can prove that the defect complained of was not caused by these modifications or repair work.
(3) If the customer acts as an entrepreneur
an insignificant defect shall in principle not give rise to any claims for defects;
the Seller shall have the choice of the type of subsequent performance;
in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
in the case of used goods, rights and claims based on defects are generally excluded;
the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
(4) If the customer is acting as a consumer, the limitation period for claims for defects in used goods shall be one year from delivery of the goods to the customer, with the restriction of the following clause.
(5) The above-mentioned limitations of liability and shortening of the period of limitation shall not apply to
to items which have not been used in accordance with their customary use for a building and have caused its defectiveness,
for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller,
for other damages based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
in the event that the Seller has fraudulently concealed the defect.
(6) Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
(7) If the Customer is acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it shall be subject to the commercial duty to examine the goods and to give notice of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
(8) If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
(9) An additional warranty exists for the goods delivered by the Seller only if this was expressly stated in the order confirmation for the respective item. Any manufacturer's warranties granted by the manufacturers of certain items shall be in addition to the statutory claims for material defects or defects of title. Details of the scope of such warranties can be found in the warranty conditions that may be enclosed with the articles.
§ 11 Liability
(1) The Seller shall be liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, the Seller shall be liable - unless otherwise stipulated in paragraph 3 - only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract (cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, liability shall be excluded subject to the provision in paragraph 3.
(3) Liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 12 Final Provisions
(1) Contracts between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall 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 Seller shall be the registered office of the Seller.
(3) The remaining parts of the contract shall remain binding even if individual points are legally invalid. Instead of the ineffective points, the legal provisions, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
(4) The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/odr. However, the seller is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.