General terms and conditions

AGB created via the generator of the Deutsche Anwaltshotline AG

contracting parties

On the basis of these General Terms and Conditions of Business (AGB), the customer and the supplier shall be bound by each other.
Duschkraft GmbH
Represented by Stefan Goletzke & David Bredt
Address: Werftstr. 20 18057 Rostock
Phone: 0381 865 1415 1
E-mail address: info@duschkraft.de

Commercial register: Local court Rostock
Commercial register number: HRB 13765
Sales tax identification number: DE 311012695
hereinafter referred to as the provider, the contract is concluded..

contractual object

This contract regulates the sale of new goods from the sanitary technology sector via the online shop of the supplier. Please refer to the product description on the offer page for details of the respective offer..

conclusion of contract

The contract is concluded in electronic business transactions via the shop system or via other means of distance communication such as telephone and e-mail. The offers presented represent a non-binding invitation to submit an offer by the customer order, which the supplier can then accept. The order process to conclude a contract includes the following steps in the shop system: Selection of the offer in the desired specification (size, colour, quantity) Adding the offer to the shopping cart Press the button 'order'. Entering the billing and delivery address Selection of payment method Verification and processing of the order and all entries Press the button 'order for a fee'. Confirmation mail that order has been received In addition to the shop system, orders can also be placed via remote means of communication (telephone/e-mail), whereby the order process comprises the following steps to conclude the contract: Calling the order hotline / sending the order mail Confirmation mail that order has been received

With the sending of the order confirmation the contract comes off..

term of a contract

Subject to termination, the contract has a term of 1 delivery. The total price is calculated from the following components: Product price and possible shipping costs

retention of title

The delivered goods remain the property of the supplier until full payment has been received..

reservations

The provider reserves the right not to provide the promised service if it is not available..

Prices, shipping costs, return shipping costs

All prices are final prices and include the legal sales tax. Per order the following shipping costs will be charged: Shipping within Germany: 15 Euro and within the EU 25 Euro. In the case of partial deliveries, the flat rate shall only apply once in each case. If there is a right of revocation and this is used, the customer bears the cost of return..

terms of payment

The customer only has the following options for payment: prepayment, invoice on delivery, payment service provider (PayPal), credit card. Further payment methods are not offered and will be rejected.
The invoice amount must be transferred in advance to the account specified in the invoice, which contains all the details for the transfer and is sent by e-mail, after receipt of the invoice. The invoice amount must be transferred in advance to the account indicated on the invoice, which contains all the details for the transfer and is sent with the delivery, after receipt of the invoice. If a trustee service/payment service provider is used, this enables the provider and customer to process the payment among themselves. The trustee service/payment service provider forwards the customer's payment to the provider. Further information is available on the website of the respective trust service/payment service provider. When paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been shipped. The customer is obliged to pay or transfer the stated amount to the account stated on the invoice within 7 days of receipt of the invoice. Payment is due without deduction from the invoice date. After expiry of the payment period, which is thus determined on a calendar basis, the customer shall also be in default without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. Offsetting against claims of the customer is excluded, unless these are undisputed or have been legally established.

terms of delivery

The goods will be shipped immediately after confirmed receipt of payment. The dispatch takes place on average at the latest after 3 days. The Contractor undertakes to deliver on the 30th day after receipt of the order. The standard delivery time is 7 days, unless otherwise stated in the item description. The supplier ships the order from his own warehouse as soon as the entire order is in stock there. The customer will be informed immediately of any delays. If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own suppliers, although a corresponding covering transaction was made in good time, the supplier shall have the right to withdraw from a contract with the customer to this extent. The customer will be informed immediately and any services received, in particular payments, will be refunded.

warranty

Consumers are entitled to a statutory liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If deviations are made from this, the warranty shall be governed by the relevant provisions in the General Terms and Conditions (AGB). The supplier is granted the right to choose between repair or replacement if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. This does not apply to claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages following grossly negligent or intentional breach of duty on the part of the provider or its legal representative or vicarious agent. In all other respects, the statutory provisions shall apply.

warranties

The supplier offers the customer a quality guarantee for his service. In this way, the provider guarantees the following quality of the service: functionality with proper use. The supplier offers the customer a durability guarantee for his service. In this way, the provider guarantees the following quality for the warranty period: functionality with proper use. The warranty period is 5 years.

drafting of contracts

If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon delivery or, in the case of shipment, upon delivery of the goods to the selected service provider for this purpose. The contract text is stored by the provider. The customer has no possibility to directly access the stored contract text himself. The customer can correct errors in the input during the order process. To this end, he may proceed as follows: The best way to correct input errors is to send a short mail to info@duschkraft.de.

Right of withdrawal and customer service

revocation instruction

right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day of delivery,

    • In the case of a contract of sale: where you or a third party designated by you, other than the carrier, have taken or have taken possession of the last goods.In the case of a contract covering several goods ordered by the consumer under a single order and delivered separately: to which you or a third party other than the carrier designated by you have taken possession of the last of the goods.In the case of a contract for the delivery of goods in several instalments or pieces, in which you or a third party other than the carrier designated by you has taken possession of the last instalment or piece. In the case of a contract for the regular delivery of goods over a fixed period: when you or a third party other than the carrier designated by you took possession of the first goods.When several alternatives meet, the last point in time is decisive.


        In order to exercise your right of withdrawal, you must inform us (Duschkraft GmbH, Stefan Goletzke & David Bredt, Werftstraße 20 18057 Rostock 0381 865 1415 1 info@duschkraft.de ) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form, which is not mandatory.


        In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.


        Consequences of revocation


        If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (with the exception of additional charges arising from your choice of a method of delivery other than the low-cost standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.


          You must return the goods to Duschkraft GmbH, Stefan Goletzke & David Bredt, Werftstraße 20 18057 Rostock 0381 865 1415 1, immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. info@duschkraft.de to send us back or surrender us. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.


          You shall bear the direct costs of returning the goods.


          They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.


        End of the revocation instruction



      You can reach our customer service at the following times: Duschkraft GmbH, Stefan Goletzke & David Bredt, Werftstraße 20 18057 Rostock 0381 865 1415 1 info@duschkraft.de Opening hours:
      Monday-Friday: 9am - 4pm.

      disclaimer

      Claims for damages by the customer are excluded, unless otherwise specified for the following reasons. This also applies to the representative and vicarious agents of the supplier if the customer raises claims for damages against these claims. Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual goal. This also does not apply to claims for damages following grossly negligent or intentional breach of duty on the part of the provider or its legal representative or vicarious agent.

      Prohibition of assignment and pledging Claims or rights of the Customer against the Provider may not be assigned or pledged without the Provider's consent, unless the Customer has proven a justified interest in the assignment or pledge.

      Language, place of jurisdiction and applicable law

      The contract shall be drawn up in German. The further execution of the contractual relationship shall take place in German. The law of the Federal Republic of Germany shall apply exclusively. This shall only apply to consumers insofar as no statutory provisions of the state in which the customer has his residence or habitual abode are restricted thereby. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is Rostock.

      data protection

      In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these GTC, data is collected, stored and processed by the provider. This is done within the framework of the statutory provisions. The provider does not pass on any personal data of the customer to third parties unless he is legally obliged to do so or the customer has expressly consented beforehand. If a third party is used for services in connection with the processing of processing, the provisions of the Federal Data Protection Act are complied with. The data communicated by the customer in the course of the order are processed exclusively for the establishment of contact within the framework of the contract winding up and only for the purpose, for which the customer made the data available. The data will only be passed on to the shipping company, which takes over the delivery of the goods according to the order, if necessary. The payment data will be passed on to the bank commissioned with the payment. As far as the provider storage periods of commercial or fiscal nature meet, the storage of some data can last up to ten years. During your visit to the provider's Internet shop, anonymous data is recorded which does not allow any conclusions to be drawn about personal data and is not intended, in particular IP address, date, time, browser type, operating system and pages visited. At the customer's request, personal data will be deleted, corrected or blocked in accordance with the statutory provisions. A free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Duschkraft GmbH, Stefan Goletzke & David Bredt, Werftstraße 20 18057 Rostock 0381 865 1415 1 info (at) duschkraft.de.

      Severability clause

      The invalidity of a provision of these GTC shall not affect the validity of the other provisions.