General Terms and Conditions of Business
We deliver in accordance with the following general terms and conditions, which form the basis of the contracts concluded on the basis of our offers and/or the website.
If these terms and conditions refer to consumers, these are, according to the legal regulation (§ 13 BGB), natural persons for whom the purpose of the order cannot be predominantly attributed to a commercial or self-employed professional activity. According to the legal regulation (§ 14 BGB), entrepreneurs are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2. CONTRACTUAL PARTNERS, LANGUAGE AND CONCLUSION OF CONTRACT
Your contractual partner is the company Outdoor Konzepte, Tulpenstraße 5, 12203 Berlin.
The communication between you and us will be in German. All information and contractual conditions are also available in German. You agree that the contract-related communication can also take place in electronic form.
The presentation of the goods in our online platform does not constitute a binding offer. Please note that the statutory value added tax is already included in our offers. Offers have a validity of 3 months.
All our offers are subject to change as long as they do not become the content of a contractual agreement.
By sending the order, you make a binding contractual declaration. The contract is only concluded when we accept your order declaration. A binding contract is concluded immediately after your order if you complete your order by paying the advance payment due to our request for payment.
If we have chosen another payment option for your commercial order, a binding contract is concluded by our declaration of acceptance (order confirmation) by e-mail.
If the contract is not concluded immediately after your order, you are bound to your order for a maximum of 3 working days - subject to a legal right of revocation.
If working days are specified as deadlines, these are all weekdays with the exception of Saturdays, Sundays and public holidays at our headquarters in Berlin.
3. DELIVERY AREA
Ordering and delivery are possible within Germany and Austria. For deliveries to other countries, different terms of delivery and payment may apply. We will be pleased to submit offers for this.
Your ordered articles are made to order in Italy and are ready for dispatch in approx. 2 - 4 weeks. Products with more extensive modifications may have longer production times.
The larger packages are sent by a 1-man forwarding service. Delivery usually takes 2 - 3 working days. Transport delays cannot be blamed on the manufacturer/contractor. The delivery of parcel-ready shipments is usually carried out by TNT.
We cannot agree on a delivery date, but hand over this responsibility completely to the forwarding agent, who plans the upcoming trips economically. The forwarding company will contact you by telephone to arrange an exact delivery date. The transfer point for all deliveries by forwarding agent is the curb.
The articles are delivered optimally packed. Any costs incurred for assembly or installation are to be borne by you. We recommend that you only use qualified personnel (especially for the installation of water connections).
If the goods are not available, we will inform you immediately and send you the available products as a partial delivery in advance. We will pay the shipping costs for the redirection.
4. RETENTION OF TITLE
We reserve title to the delivered goods until receipt of all payments arising from the business relationship with you.
5. PAYMENT OPTIONS
You pay us by invoice with prepayment (pro forma invoice). Payment by cash on delivery is not possible, as the shipment is made directly by a forwarding agent commissioned in Italy who does not offer this service.
Under certain circumstances, entrepreneurs can make separate payment arrangements with us.
6. SHIPPING COSTS
Germany and Austria: The shipping costs for the forwarding service are between 40.00 € and 120.00 € plus VAT.
Due to oversize and special care, some items shown are packed in wooden boxes. Prices for this service are available on request.
The shipping costs for parcel deliveries are 40.00 €.
7. LIABILITY FOR LOSS AND DAMAGE DURING SHIPPING, COMPLETENESS
For consumers, we bear the risk of loss or damage to the goods until they are received.
Compensation for possible delays is excluded. Visible transport damage must be claimed immediately upon delivery of the goods to the transport company and the claim must be noted with all details on the shipping documents. If necessary, acceptance must be refused.
Unless otherwise agreed, entrepreneurs bear the transport risk themselves.
Irrespective of the transport agreement concluded between the manufacturer and the entrepreneur, the control regarding the completeness of the delivered goods must be checked immediately upon receipt.
The recipient undertakes to check the incoming goods and to report any damage immediately to the carrier responsible for the goods or the contractual partner. The consignee has the right or the carrier the obligation to check the delivery and to note any reservations on the delivery note.
A merely general statement "RESERVED FOR INSPECTION" is not valid.
Missing quantities must be reported within 8 days after delivery at the latest. Later complaints will not be accepted.
8. RIGHT OF REVOCATION OF THE CONSUMER
Revocation instruction in the above-mentioned sense
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us (Outdoor Konzepte, Tulpenstraße 5, 12203 Berlin, email@example.com) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation If you revoke this agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your revocation of this agreement. We will use the same means of payment for this refund as you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged for this refund.
In the case of postal delivery (TNT), we shall bear the costs of returning the goods within Germany. For returns by a forwarding agent, the consumer is responsible for the costs. The costs for this can amount to approximately 120.00 €. Forwarding costs are subject to daily fluctuations and may differ from the amount stated. The consumer shall be liable for any loss of value of the goods if this loss of value is due to the handling of the goods that is not necessary for the purpose of checking their condition, properties, and functionality.
Goods that have already been assembled and installed are excluded from the right of withdrawal.
As a consumer within the meaning of § 13 BGB you have a right of revocation for contracts concluded outside our business premises or distance contracts with us.
Reference to the non-existence of the right of revocation
The right of withdrawal does not apply to distance contracts: - for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
This applies to all shower columns which have been fitted out according to individual specifications and which have the following characteristics:
Water connections for cold and hot water
additional equipment: hand shower, foot shower, garden tap, built-in base
For fittings, only the polished version (MX) is considered "prefabricated".
Cancellation form If you wish to cancel the contract, please fill out and return this form.
Outdoor Konzepte Tulpenstr. 5 12203 Berlin Germany
Phone: +49 30 39820925
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________ Name of the consumer(s)
________________________________________________________ Address of the consumer(s)
________________________________________________________ Signature of the consumer(s) (only for paper notification)
(*) Delete as appropriate
Please avoid the damage and contamination of the goods. Always return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
Do not send the goods back to our carriage forward.
In case of revocation, we would like to ask you to call us before. We will then send you a "Freeway Sticker" immediately, provided that we have to bear the corresponding shipping costs. The return date must be agreed with the shipping company.
Compensation for possible time expenditure is excluded.
If there is a defect in the object of purchase, the warranty shall be in accordance with the statutory provisions. If delivered articles should show obvious material or manufacturing defects - which also includes transport damage - please complain to us immediately about such defects.
For goods delivered by us, the statutory warranty period of 2 years applies to consumers (§ 13 BGB), unless the law provides for longer periods. The period begins with the delivery of the goods.
Within the warranty period, we are obliged to remedy defects subject to the legal warranty free of charge, i.e. to remove the defect or to deliver a replacement. We are entitled to choose the type of subsequent performance if the conditions regulated by law are met, in particular, if this is only possible at disproportionate cost and the other type of subsequent performance does not cause any significant disadvantages for the contractual partner.
The choice of the place of performance of the subsequent performance is at the discretion of the seller. If necessary, the contractual partner must grant access to an authorized person of our choice.
If we are not prepared or not in a position to remedy the defect or make a replacement delivery, or if this is delayed beyond a reasonable period of time for reasons for which we are responsible, or if the remedy of the defect or replacement delivery fails in any other way, you are entitled, at your discretion, to demand a corresponding reduction in the purchase price or to withdraw from the contract. In such a case, the purchase price must be refunded by us. There is no claim for compensation for damages.
We do not assume any warranty for damages and defects resulting from improper use, operation and storage, negligent or faulty care and maintenance, overstraining or improper repair by an unauthorized service partner. Damage to water pipes and components caused by frost is also excluded.
If defects are detected, the goods must not be processed or installed, otherwise, the warranty will be void.
We attach great importance to your customer satisfaction. You can contact us at any time using one of the contact methods listed above. We will endeavor to examine your request as quickly as possible and will contact you after receipt of the documents or your entry or complaint. Please give us some time for this, as warranty claims must be clarified with the manufacturer.
10. DISPUTE RESOLUTION
Alternative dispute resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at www.ec.europa.eu/consumers/odr. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11. PICTURE RIGHTS
All copyrights to the images are owned by Fontealta Italy or its partners. Use without the express permission of the rights holder is not permitted.
12. DATA PROTECTION DECLARATION
When visiting or using our website, the protection of your privacy is important to us. We would therefore like to inform you about this protection:
1. personal data, use, processing, collection
As a matter of principle, we do not collect any personal data unless you provide us with this information of your own accord for the purpose of implementing a contract, opening a customer account, or otherwise contacting us. We adhere to the legal regulations. Without your express consent, your data will only be used to the extent necessary for your request. Furthermore, address and order data is collected and processed for our own marketing purposes.
If you register for our e-mail newsletter, we will of course also collect personal data. These are used by us for our own advertising purposes for the e-mail newsletter. However, this only happens if you have expressly agreed to this as follows:
"Please send me regular information about your product range by e-mail. I can cancel your newsletter at any time.
We have also included a link in our newsletter which you can use to unsubscribe at any time. But you can also inform us otherwise. Your email address will be deleted immediately after cancellation.
For commercial customers: For the purpose of credit assessment and monitoring creditworthiness, we maintain a strictly confidential data exchange with the service company Creditreform Berlin Brandenburg, Wolfram KG, Karl-Heinrich-Ulrichs-Str. 1, DE-10787 Berlin and also use address data in this context.
2. personal data, transfer
For deliveries of goods, the personal data collected by us will be passed on to the commissioned transport company within the framework of the contract processing. For the notification of the delivery the assigned transport and/or forwarding company receives the necessary data for the delivery of the goods as well as the contact data (telephone number and email address) for the package announcement and/or date agreement to the necessary extent. The extent of the data transfer depends on the type of delivery requested by you or the type of delivery required.
Our website uses so-called "cookies". These are intended to make our Internet presence as a whole more user-friendly, efficient, and secure. For example, we want to speed up navigation on our website. We also use them to measure the frequency of page views and general navigation.
4. Google AdWords conversion tracking
5. web analysis service
Our website also uses Google Analytics. This enables us to analyze your use of the website. This data is also usually transferred to a Google server in the USA and stored there. As a rule, the full IP address is only transmitted in exceptional cases and then, however, shortened if you activate IP anonymization on our website. Google evaluates this information for us so that we can assess the corresponding activities and the use of our website.
Again, the IP address transmitted by your browser is not combined with other data from Google. You can prevent these cookies from being set by means of a corresponding browser setting. However, it may then be possible that our website cannot be used to its full extent with all functions. You can download and install an available browser plugin via the following link to prevent this: http://tools.google.com/dlpage/gaoptout?hl=de
We use Google Analytics with the extension "_anonymizeIp()", i.e. the IP addresses are only processed in abbreviated form in order to exclude any direct personal reference.
6. Facebook plugins
We also use so-called social plugins of the social network Facebook. These plugins are marked with a Facebook logo or the addition "Social Plug-in from Facebook" or "Facebook Social Plugin". Details can be found at: http://developers.facebook.com/plugins.
If we use such a plugin, the browser establishes a connection to the Facebook servers. Corresponding content is then transmitted to your browser and integrated into the page. This informs Facebook that your browser has called up our website. This also applies if you do not have a Facebook profile and/or are not logged in to Facebook. Your IP address and the information is transmitted directly to a Facebook server in the USA and stored there.
If you are logged in to Facebook, Facebook can directly assign your visit to our website to your Facebook profile. Facebook will also store this information for activities such as when you use the "Like" button or make a comment, which will be published on your profile and displayed to your friends. Further details can be found at: http://www.facebook.com/policy.php. To prevent all this, you can use the "Facebook Blocker", for example: http://webgraph.com/resources/facebookblocker/
7. google "+1" button
By using this social network of Google, plugins are also set. These can be recognized by the "+ 1" sign on a white or colored background. Details can be found at: https://developers.google.com/+/web/+1button/
If such a plugin is detected, your browser will establish a connection to the Google servers. The content is transmitted to your browser and integrated into the page. This gives Google the information that you have called up a corresponding website. This also applies if you do not have a profile on Google+ or are not currently logged in to Google+. This information is stored directly on a Google server in the USA, including your IP address.
If you are logged in at Google+, your visit to our website will be assigned to your Google+ profile. In addition, if you click on the "+1" button, for example, this information is not only stored on the Google server but is also published on Google+ and displayed in your contacts. You can find further details under the Google data protection information: http://www.google.com/intl/de/+/policy/+1button.html
Again, there is the possibility to avoid this if you do not want to. For example, log out of Google+ before you visit our website. You can also prevent the Google plugins from loading with add-ons for your browser, e.g. by using the ScriptBlocker "NoScript" (http://noscript.net/).
8. information rights
You have the right to information about the data stored about you at any time and, if necessary, the right to have it corrected. You also have the right to block or delete your data. Should you have any further questions regarding data protection, please contact us, regardless of whether it concerns information, blocking, deletion and/or correction requests or the revocation of consents granted. You will find our contact address in the imprint. Duration of storage.
Personal data that has been communicated to us about ourselves is only stored until the purpose for which it was entrusted to us has been fulfilled. Insofar as retention periods under commercial and tax law must be observed, the duration of storage of certain data can be up to ten years.
9. your rights
If you do not agree with the storage of your personal data or if they have become incorrect, we will delete, correct or block your data in accordance with the legal requirements. Upon request, you will receive information free of charge about all personal data that we have stored about you. If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking, or deletion of data, please contact
Outdoor Konzepte Tulpenstraße 5 12203 Berlin Germany Mail: firstname.lastname@example.org Tel.: +49 30 3982092
13. APPLICABLE LAW
The law of the Federal Republic of Germany shall apply to our contractual relationships. Mandatory provisions of the state in which customers who are consumers have their habitual residence shall remain unaffected. In dealings with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that it is mandatory to apply consumer law provisions.
The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) is excluded, also in cross-border delivery traffic.
14. PLACE OF JURISDICTION
All legal transactions or other legal relationships with us are subject to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other international conventions, even after their incorporation into German law, shall not apply. This choice of law includes that the customer with his usual place of residence in one of the states of the EU or Switzerland is not deprived of the protection granted by mandatory provisions of the law of this state.
If the consumer is not resident in Germany or in any other area of the European Union, the place of jurisdiction shall also be Berlin. In all other cases, the statutory place of jurisdiction shall apply; in this case, we shall also be entitled to bring an action at the customer's registered office. Any exclusive place of jurisdiction remains unaffected by the above provision.