I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (Andreas Mansfeld) via the website www.sauna-oefen.com. The supplier is responsible for the content of the contract. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping basket system on the terms and conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications on file formats, if any, shall be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.
§4 Special agreements on payment methods offered
(1) Payment by instalments via easyCredit
In the case of payment by instalments via easyCredit, the General Terms and Conditions for Payment by Instalments of easyCredit apply in addition. You can find the General Terms and Conditions here.
(2) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
- Invoice: The payment period is 30 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the date of provision of the service. The full invoice terms for the countries where this payment method is available can be found here: Germany.
- Payment by instalments: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly instalments under the conditions specified in the checkout. The instalment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on payment by instalments, including the terms and conditions and standard European consumer credit information for the countries where this payment method is available, please click here (only available in the countries indicated): Germany, Austria.
- Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after placing the order.
You can find more information about Klarna here. You can find the Klarna App here.
§ 5 Right of retention, retention of title
(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 has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall not affect your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty by rectification or subsequent delivery at our discretion. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer 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 shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used in accordance with their customary manner of use for a building and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 7 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer Information
1. Identity of the Seller
Phone: 0621 43025414
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.). 3.
3 Contract language, storage of contract text
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions of Business will be sent to you again by email.
3.3 In the case of quotation requests outside the online shopping basket system, you will receive all contract data within the framework of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have submitted to the buyer seal quality criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6 Prices and payment terms
6.1 The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised. 6.3.
6.3 If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which shall be borne by you.
6.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. delivery conditions
7.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment shall be at your risk.
8. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/
last update: 01.01.2022