Terms and Conditions / Right of Withdrawal

 1 Scope, definitions

(1) The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between MobileGartenSpa GmbH (hereinafter referred to as "provider") and the customer (hereinafter referred to as "customer"). Deviating general terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, according to Section 14 of the German Civil Code (BGB), an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity. 

 

2 Conclusion of contract

(1) The presentation of the products in the online shop does not constitute a legally binding offer, but merely an invitation to order.

(2) By clicking the button [Buy/order for a fee] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending an order confirmation by email immediately after receiving your order.

(3) The customer must ensure that the emails sent by the provider can be delivered. In particular, the customer must pay attention to typos in the email address provided when placing the order and regularly check the spam folder of the email inbox around the time of the order.

(4) The contract is concluded in German. The contract text (consisting of general terms and conditions, cancellation policy and order confirmation) is sent to the customer by us on a permanent data medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.

 

 

3 Delivery, availability of goods

(1) If no copies of the product selected by the customer are available at the time of the customer's order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, no contract is concluded.

(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.

(3) The provider delivers within Germany at the shipping costs stated on the website. The provider is entitled but not obliged to refuse delivery to customers in other countries. In the event of refusal, an order confirmation will be waived.

4 Retention of title

(1) The delivered goods remain the property of the provider until full payment has been made.

(2) The provider reserves title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

(3) The customer is entitled to resell the reserved goods in the normal course of business, provided that he is an entrepreneur and the provider has given his written consent. The customer assigns all claims against third parties arising from this to the provider in advance, up to the full invoice value. The processing of the goods has no influence on the effectiveness of the assignment. However, the customer remains authorized to collect his claims even after the assignment, without affecting the provider's authority to collect the claims. The provider refrains from collecting the claims as long as no application for the opening of insolvency proceedings has been filed and/or the customer meets his payment obligations to the provider without deductions and/or does not fall into arrears with payments.

 

 

5 Obligations of the customer

(1) The customer assures that he has checked the information he has provided, in particular the dimensions for the manufacture of products, for accuracy. The provider points out that, depending on the production status of the product, requests for changes submitted subsequently can no longer be taken into account.

(3) The customer accepts that there is no right of cancellation when ordering individually manufactured products. In all other respects, reference is made to the provider's cancellation policy, which is provided to the customer with the order.

 

 

6 Prices, delivery and shipping costs

Delivery

(1) Delivery is only possible within Germany.

(2) The delivery time is 3-5 days. Any different delivery times will be indicated on the respective product page.

(3) All prices stated on the website and in the provider’s offers include the applicable statutory value added tax, unless otherwise stated.

(3) The shipping risk shall be borne by the Provider only if the Customer is a consumer.

(4) The customer shall not bear any shipping costs if the ordered goods have been delivered incorrectly or defectively.

(5) In addition to the prices stated, we charge a flat rate of ____ euros per order for delivery within Germany. The shipping costs will be clearly communicated to you on the product pages, in the shopping cart system and on the order page.

 

 

7 Payment methods

(1) The customer can pay in advance (bank transfer), by credit card or Paypal.

(2) If you choose to pay in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

(3) The due date is based on the payment deadline stated on the invoice or order confirmation. The customer is in default if he misses the payment deadline. In this case, he must pay the provider default interest for the year amounting to 5 percentage points above the base interest rate. If the customer is an entrepreneur, the default interest amounts to 9 percentage points above the base interest rate.

(4) The customer’s obligation to pay default interest does not exclude the provider from claiming further damages caused by default.

(5) The customer is only entitled to offset against the provider if his counterclaims have been legally established, are undisputed or have been recognised by the provider. The customer may only exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.

(6) The provider reserves the right to withdraw from the contract if the customer has not paid the agreed purchase price to the provider within the specified payment period without any deductions.

 

 

8 Warranty for material defects, guarantee

The operating instructions must be observed!

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by the provider is 12 months.

(2) If the customer is an entrepreneur, defects must be reported to the provider in writing immediately, but no later than two weeks after delivery, in order to preserve the customer's claims for defects. The defective items must be kept available for inspection by the provider in the condition in which they are at the time the defect is discovered.

(3) Insignificant, reasonable deviations in dimensions, colours and designs do not give rise to complaints unless absolute compliance has been expressly agreed.

(4) Product images may differ from the appearance of the products delivered. In particular, changes in the appearance and features of the products may occur following updates to the manufacturer's product range. Claims for defects do not apply if the changes are reasonable for the customer.

(5) A deviation of up to 5 millimetres from the specified dimensions cannot be ruled out due to production reasons and is not considered a defect. The customer is advised to take this tolerance into account when setting up the goods.

We also do not provide a guarantee for defects caused by

• in the case of defects caused by incorrect assembly.
• In the event of damage caused by force majeure such as storms, hail, lightning, natural disasters and other violent events.
• Commercial use
• Changes made by the consumer
• Improper use and external mechanical influences

For DIY products, the consumer, DIY enthusiast, is responsible for the proper installation of the components as well as the storage of the parts during the installation and construction process.

(6) The provider does not provide any additional guarantee.

 

9 Liability

 

The operating instructions must be observed!

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious 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 essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.

(3) The customer is advised that the products, the saunas, are only to be used outdoors and not in an enclosed space, e.g. in a garden shed, barn, etc. This can lead to serious damage to health or even death. The customer is particularly advised that the possible development of heat when using the products must be taken into account and that the products should not be used by children without supervision. In the event of circulatory problems, a doctor should be consulted before use. It is pointed out that sauna use can also lead to circulatory problems if the customer was not previously aware of them. The provider is not liable for this, as these consequences are not attributable to the product itself.

(4) The restrictions under paragraphs 1 to 3 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.

(5) The liability limitations arising from paragraphs 1 to 3 do not apply if the provider has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

 

 

10 Data protection

 

(1) The customer agrees to the storage of personal data within the scope of the business relationship with the provider, in compliance with data protection laws, in particular the BDSG and the GDPR. Data will not be passed on to third parties unless this is necessary to carry out the contract.

(2) If the customer transmits data from third parties, he assures that he has obtained consent from the third party and releases the provider from any claims in this regard.

(3) The rights of the customer or the person affected by the data processing arise in particular from the following provisions of the GDPR:

(4) To exercise the rights, the customer or the person concerned is asked to contact the provider by email or, in case of complaint, to contact the competent supervisory authority.

(5) The provider assures that it has taken appropriate technical and organizational measures to ensure the security of personal data and to reduce the risk for the data subjects.

(6) For further information, please refer to the provider’s privacy policy at https://www.mobile-gartenspa.de.

 

11 Dispute settlement

 

(1) The EU platform for out-of-court online dispute resolution can be reached at the following internet address: https://ec.europa.eu/consumers/odr/

(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

 

 

12 Final provisions

(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his 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 is the registered office of the provider in Hanau.

(3) The provider is entitled to commission subcontractors to provide the service in whole or in part without the customer's consent being required. (4) The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points will be replaced by the statutory provisions, if applicable. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be invalid in its entirety.

Right of withdrawal

 

(1) When concluding a distance selling contract, consumers generally have a statutory right of withdrawal, about which the provider will inform them below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.

Right of withdrawal

 

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of withdrawal.

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

(2) The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal does not apply to contracts

– for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

– for the supply of goods which are liable to spoil quickly or whose expiry date would quickly be exceeded;

The right of withdrawal expires prematurely for contracts

– for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery;

– for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;

Sample cancellation form (If you want to cancel the contract, please fill out this form and send it back.) — To:

MobileGardenSpa GmbH

Ludwigstrasse 4

63456 Hanau

Or via email: info@mobile-gartenspa.de

— I/we (*) hereby revoke the contract concluded by me/us (*)

about the purchase of the following services (*) /

— Ordered on (*)/received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only if notification is on paper)

— Date (*) Please delete if not applicable