Terms and Conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (dasfeinebad Matthias und Roger Gruschka OHG) via the website dasfeinebad-shop.de. Unless otherwise agreed, the inclusion of your own conditions used by you is objected to.

(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activities. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Formation of the Contract

(1) The object of the contract is the sale of goods.

(2) As soon as we place the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering personal data as well as payment and shipping conditions, all order data are then displayed again on the order summary page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be guided to our online shop on the order summary page or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, you will be redirected back to our online shop on the order summary page.
Before sending the order, you have the opportunity to review all the details again, to change them (also via the "back" function of the internet browser) or to cancel the purchase.
By submitting the order via the "buy" button, you legally declare the acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer in text form (e.g., via email), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must, therefore, ensure that the email address you have deposited with us is correct, that the receipt of the emails is technically assured and, in particular, not prevented by SPAM filters.

§ 3 Right of Retention, Reservation of Ownership

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

(3) If you are an entrepreneur, the following applies additionally:

a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transferring security of the goods before the transfer of ownership of the reserved goods is not permitted.

b) You may resell the goods in the ordinary course of business. For this case, you hereby assign all claims arising from the resale to us in the amount of the invoice amount; we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combining and mixing the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods compared to the other processed items at the time of processing.

d) We commit to release the securities we are entitled to upon your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 4 Warranty

(1) The statutory warranty rights exist.

(2) As a consumer, you are asked to immediately check the item for completeness, visible defects, and transport damage upon delivery and to notify us and the shipper of any complaints as soon as possible. Not complying does not affect your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a) Only our own information and the manufacturer's product description are agreed upon as the nature of the goods, but not other advertising, public endorsements, and statements by the manufacturer.

b) In case of defects, we provide warranty by remedying the defect or delivering a replacement at our discretion. If the rectification of the defect fails, you can either demand

a reduction or withdraw from the contract. The rectification is considered to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- for damages culpably caused by us arising from injury to life, body, or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have taken over a guarantee for the nature of the item;
- for goods which have been used for a building in accordance with their normal use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with rights of defects.

§ 5 Choice of Law, Place of Fulfillment, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only to the extent that it does not remove the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).

(2) The place of fulfillment for all services from the existing business relationships with us and the place of jurisdiction is our seat, as long as you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is not known at the time the action is filed. The ability to appeal to the court in another legal jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

1. Identity of the Seller

dasfeinebad Matthias und Roger Gruschka OHG
Osdorfer Landstraße 20
22607 Hamburg
Phone: 04081994399
Email: shop@dasfeinebad.de